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Minute Book 72I • 1 b:ZS.! At a Common Council, held at the City Hall, in the City of Saint John, on Monday, he eighteenth day of March, A. D. 1974, at 4.00 o'clock'p..m. present A. R. W. Lockhart', Esquire, Mayor Councillors Black, Davis, Green, Kipping, Murphy and M. Vincent cn i!! Messrs. N. Barfoot`, Acting City Manager, R. Park, Commissioner of Finance, J. C. MacKinnon, Assistant Director of Works - Operations, M. Zides, Municipal Planning Director,,D. Buck, Redevelopment Officer, C. E. Nicolle, Director of the Recreation and`Parks'Department, R. Dhar, Supervisor of Inspection and Technical Se.rvJces,,A.,,Ellis, Building Inspector, P. Clark, Fire Chief, R1 H. Stone, Deputy Police Chief, D. French, Personnel Officer, D. Carter, Economic Co- Ordinator, and F. Grass, Information Officer, and C. J. Farrell, consultant Rabbi Benjamin G. Eisenberg of Shaarei -Zedek Synagogue, offered a prayer at the ening of the meeting. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that minutes of the meeting of Common Council, ld on March 4th last, be confirmed. On motion of Councillor Murphy Seconded by Councillor Black • RESOLVED that minutes of the meeting of Common Council, leld on March 11th last, be confirmed. Councillor Parfitt entered the meeting. The Mayor welcomed to the Council chamber Mr. E. A. Trites, Chairman of the Saint John anada Summer Games 1977 Committee, noting that Mr. Trites has worked for almost three years owards the objective of having these Games in Saint John, and that Mr. Trites has headed ne of the finest and most hard- working committees New Brunswick has ever seen. In closing, Mr. Trites thanked the Common Council for the assistance and support it has given to the Committee, and he proposed that the Committee be disbanded, forthwith. He added that the account books of the Committee are open for perusal at.any time. The Mayor at this time expressed the feeling of keen disappointment that has been experienced over the decision that these Games be held in St. John's, Newfoundland, and added that the loss by the City of Saint John of these Games has in no way caused him to cast any criticism whatsoever on Newfoundland, and stated that he knows that New foundland will do a wonderful job aind'will have the support of New Brunswick and the other Provinces in the holding of the Games. He'made reference to the feeling of gratification that the bid of the City of Saint John for the Games was an exercise in unity among the various New Brunswick centres, which gave their support "to Saint John's bid for the Games. In regard to the matter Of the decision that the Games in the summer of 1977 be held in Newfoundland, the Mayor noted that the Minister of National Health and Welfare has admitted that he, and he alone, made the final selection. The Mayor felt that the work done by the Saint John Canada Summer Games 1977 Committee was not in vain because the information learned by the Committee in its work over the past few years is available and we will have an opportunity to put it to good use in the future. • 1 On motion of Councillor Murphy a Seconded by Councillor Green RESOLVED that a vote of thanks and appreciation be On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that Mr. Trites be heard at this time. L�li7a�/ Mr. Trites referred to the announcement that was made on the evening of March 16th s���ep Last by The Honourable Marc Lalonde, Minister of National Health and Welfare, in Ottawa /J /f�7 hat the 1977 Canada Summer Games will be held in St. John's, Newfoundland. He stated hat he cannot see that there was any mistake made on the presentation of the Committee //!! ith regard to the City's bid to have these Games come to Saint John, and he further statessful 4� C.�j�j/�f/� hat the Committee has reason to believe that the presentationmade was successful:- %thsa€ ' t had the unanimous favourable vote of the Canada Games Site Selection Committee. On the uestion of what did happen regarding the final decision that was made as to site for the said 977 Games, he felt that there was a situation which should never have happened - that is, nterference and a behind - the - scenes decision was reached and kept a secret, and the Selection ommittee did not know about it until the announcement was made. Mr. Trites stated that he eels that the 14nister of Youth and Welfare of New Brunswick, the Mayor of Saint John and the Saint John Canada Summer Games 1977 Committee conducted themselves very well in this situation, nd that neither the Common Council nor the citizens of Saint John should feel that the task ® f attracting these Games to come to Saint John was above and beyond the capabilities of this ity. He felt that the Committee has proven within itself that we have the ability in this ity to make presentation to the national scene, as in the case of the 1977 Canada Summer Games. Noting that the climate in the Saint John area would not be very conducive to founding case on which to base a bid for the Canada Winter Games, Mr. Trites felt that Saint John ould support - any -other part of New Brunswick that might bid for the Winter Games, He felt hat the weakness in the Canada Games selectionof bids is apparent' in that the choice of the election Committee could be disregarded in the making of the final decision. In closing, Mr. Trites thanked the Common Council for the assistance and support it has given to the Committee, and he proposed that the Committee be disbanded, forthwith. He added that the account books of the Committee are open for perusal at.any time. The Mayor at this time expressed the feeling of keen disappointment that has been experienced over the decision that these Games be held in St. John's, Newfoundland, and added that the loss by the City of Saint John of these Games has in no way caused him to cast any criticism whatsoever on Newfoundland, and stated that he knows that New foundland will do a wonderful job aind'will have the support of New Brunswick and the other Provinces in the holding of the Games. He'made reference to the feeling of gratification that the bid of the City of Saint John for the Games was an exercise in unity among the various New Brunswick centres, which gave their support "to Saint John's bid for the Games. In regard to the matter Of the decision that the Games in the summer of 1977 be held in Newfoundland, the Mayor noted that the Minister of National Health and Welfare has admitted that he, and he alone, made the final selection. The Mayor felt that the work done by the Saint John Canada Summer Games 1977 Committee was not in vain because the information learned by the Committee in its work over the past few years is available and we will have an opportunity to put it to good use in the future. • 1 On motion of Councillor Murphy a Seconded by Councillor Green RESOLVED that a vote of thanks and appreciation be The by -law entitled "A By -Law to amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. The Common Clerk noted that no objections had been received with reference to the proposed amendment to the Zoning By -Law to define the word "storey" in Section 2(bc) thereof. On motion of Councillor Murphy extended to Mayor Lockhart and to the members of the Saint John Canada Games 1977 Ay Or Committee for their efforts in endeavouring to obtain the 1977 Canada Summer Games • aI74 S for Saint John, and'for the Committee's excellent oral and video submissions and presentations, and for an outstanding job, in all: • Cam e $ 1 o amending the definition of the word "storey" in Section 2(bc) of the said by -law, (a) by inserting the words "subject to sub - clause (iii) at the begnning of sub - clause (ii), and ✓�e?!�/ AND FURTHER that the resignation of Mr. E. A. Trites and the other members of 670,W O71 y6�4ee the said Canada Summer Games 1977 Committee be accepted, with thanks. �+ -y-^ 14. / "_ X14t1F The Mayor stated that the said Committee is now dismissed, with the thanks of Common the Council and the citizens of this community. 4&4_Y1�1dl7 01 The Mayor withchew from the meeting at this time, and at his request, Councillor Green assumed the Chair. It was noted that no objections were received regarding the proposed amendment , to the Zoning By -Law to re -zone land on the southwesterly corner of Ellerdale and Valley Streets to permit an extension of the Loch Lomond Villa. On motion of Councillor Murphy Seconded by Councillor Black �tf�bbdG /dIl RESOLVED that the by -law entitled "A Law to Amend The y►�.O„{�d Zoning By -Law of The.City of Saint John and Amendments Thereto" insofar as it concerns, ' re- zoning one acre of land on the southwesterly corner of Ellerdale and Valley Streets ' /e- adjoining the Loch Lomond Villa from "R -4" One, Two, Three and Four - Family, Two - Storey X O h/" Residential district to "RM -2" High -Rise Multiple Residential district, be read a third ar time and enacted and the Corporate Common Seal affixed thereto. Jrd � d The by -law entitled "A By -Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. The Common Clerk advised that no objections had been received in respect to the' ��» 4and ,!$�01 proposed amendment of the Zoning By -Law which relates to the location of an office for a • doctor or dentist. On motion of Councillor Murphy Seconded by Councillor Black DD DI1ll79 RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns ^Q7,W 4AP7g -N 'substituting the following for clause (1) of subsection (2) of Section 68, "(1) a proposed 07C.47 office for one doctor or dentist; ", and re- designating presentclauses (a) to (f) and (h) 1!. to (1), both inclusive, of subsection (21) of Section 68 as clauses (a) to (k) inclusive, and substituting he following for clause g g (ac) of Section 2, "(ac) 'home occupation' means, subject to section 190, an occupation.or business which is conducted ina portion of a A • dwelling unit by a person who uses the dwelling unit as his regular place of residence and which is clearly secondary to the main use as a dwelling; ", be read a third time and ' enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A By -Law to amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. The Common Clerk noted that no objections had been received with reference to the proposed amendment to the Zoning By -Law to define the word "storey" in Section 2(bc) thereof. On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the by -law entitled "A Law to Amend the • Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns zgw-,O9/ Ae— amending the definition of the word "storey" in Section 2(bc) of the said by -law, (a) by inserting the words "subject to sub - clause (iii) at the begnning of sub - clause (ii), and ✓�e?!�/ (b) by inserting a new sub - clause (iii) to read as follows: "(iii) for the purpose of the size of dwellings provisions in this By -Law, a basement or cellar, if the average vertical vi/!78/JC�Jb7�°I7t distance from grade to ceiling is over five feet, shall be counted as a storey only if it contains all or part of a dwelling unit. ", be read a third time and enacted and the 4&4_Y1�1dl7 01 Corporate Common Seal affixed thereto. The by -law entitled "A By -Law to.Amend,The Zoning By -Law of The City of Saint John and Amendments Therto ", was read in its entirety prior to the adoption of the above ' resolution. On motion of Councillor Kipping Seconded by Councillor Murphy RESOLVED that the letter from the Acting City �tf�bbdG /dIl Manager, advising that quotations were requested from seven contractors for the supply y►�.O„{�d of picnic tables for the Recreation and Parks Department and that replies were received from the four contractors listed in his letter, and recommending that the bid of S. J. ' Hickey & Son Ltd. in the amount of $58.00 plus 8% be accepted per unit, and that authority y- be granted to purchase 30 picnic tables at a total cost of $1,879.20, funds having been ar provided in the 1974 budgets of the said Department. Jrd � d On motion of Councillor Murphy Seconded by Councillor M. Vincent RESOLVED that the letter from the Acting City Manager, stating that no 'bids were received in response to tender calls for traffic paint ��» 4and ,!$�01 Varsol and recommending that the Purchasing Agent be authorized to negotiate a price with the various paint dealers for the supply of the City's paint and Varsol requirements, • and further recommending that the following tenders be accepted, namely, from M.I.T. Sales I �3 leodeer5 Uo. Lta. to supply b tons or glass beads at a price of 16.930 per lb., taxes included (total bid $2,031.60), and from Eastward Industries Ltd. to supply 300 pieces of black iron pipe •f� S �pc two inches x ten feet, at a price of $13.94 per length, taxes included (total bid $4,182.00) -- be received and filed and the said recommendations adopted. It.�Sfi •![{w7M� On motion of Councillor Murphy 6stoLy� lwoogeaww /oQ^oJ emits - Ave. • T. Fewer C�i��esrrs Ci�dx) sCtd A, - ^' 'K' P X075 i 0J7 Seconded by Councillor Kipping RESOLVED that as recommended by the Acting City anager, the following construction progress certificates be paid on contracts for the rojects included in the capital budget:- Woodward Avenue Supply and install 42 -inch and 36 -inch storm sewer Gerald J. Ryan Company Ltd. Total value of contract Total work done to date Retention Payments previously approved Sum recommended for payment, Certificate Number 3, February 28, 1974 Golden Grove Road Area - Exhibition Park - Extension Supply and install 8 -inch sanitary sewer Chitticks (1962) Ltd. Total value of contract Total work done, Estimate Number 2_ Retention Payments previously approved Sum recommended for payment, Certificate Number 2, March 7, 1974 On motion of Councillor Kipping $ 165,165.00 115, 106.65 17,266.00 54,692.36 $ 43,148.29 $ 20,985.20 18,739.91 562.20 15,928.92 $ 2,248.79 Seconded by Councillor Murphy RESOLVED that in accordance with the recommendation )f the Acting City Manager, authority be granted for payment of the following construction )rogress certificates and approved invoices for Engineering Services in connection with ) rojects undertaken under the Department of Regional Economic Expansion programme:- 1. Bayside Drive Reconstruction and Extension ����• (a) Phase I, Little River Bridge No. 1 (Widening) Atlas Construction Maritimes Ltd. Total value of contract $ 238,255.70 e ms) /I/eJ' Total work done, Estimate Number'l 63,235.19 ye 06¢ Ze Retention 15% 9,485.28 /W Payments previously approved Nil 149�41-9s L'oh Progress Estimate Number 1, February 28, 1974, Ayy Sum recommended for payment $ 53,749.91 (b) Murdoch Lingley Ltd. Engineering Services / / /d{pAiOCi/ Payments previously approved $ 9,775.65 �JPoO�� Sum recommended for payment, Progress Certificate Number 6, February 28, 1974 $ 747.50 . Western Residential Area Collector Sewer Supply and install 36 -inch sanitary sewer ea-'sl.- erewep., Gaspe Construction Ltd. qa�Total value of contract $ 325,580.00 �� 2 - Total work done, Estimate Number 3 200,965.46 54o - zl¢ Retention 30,144.82 Payments previously approved 114,279.01 Sum recommended for payment, Certificate Number 3, February 28, 1974 $ 56,541.63 3. Water Street Reconstruction Read, Voorhees and Associates Ltd. Engineering Services Payments previously approved $ 113,886.03 �/ Sum recommended for payment, Certificate Number 6, '�r/SS�iC August 31, 1973 $ 22,711.17 Certificate Number 7, September 30, 1973 $ 2,630.76 4. Marsh Creek Sewerage Scheme /---- Murdoch Lingley Ltd. Legal surveys in connection with land acquisition Amount previously approved $ 11,155.65 jypGy Sum recommended for payment, Invoice dated March 6, 1974 $ 69.50 ,,f�•JJ� Western Residential Area Collector Sewer Q.E.D. - Interprovincial Engineering Engineering Services n Payments previously approved $ 75,056.65 Sum recommended for payment, Certificate Number 29, joabr1•'6;11fj' January 31, 1974 $ 2,796.01 6. Courtenay Bay Causeway Approaches • Cva5e (a) A.D.I. Limited �S Engineering Services, Western Approach Payments previously approved " . $ 81,085.11 �• �•� ��� Sum recommended for payment, Estimate Number 22, January 31, 1974 $ 500.04 s 67"Seu/a b A. J. Callaghan & Associates Ltd. Engineering Services,Eastern Approach .4�oPi»a BS Payments previously approved $ 49,014.00 9 ,Til,71��,jv. Sum recommended for payment, Estimate Number 23, ,//GGV February 28, 1974 $ 965.00 Seconded by Councillor Black RESOLVED that in accordance with the recommendation of the Acting City Manager, authority be granted for payment of the invoice from Canadian /LSsvIB/ ire Brush Co. in the amount of $2,867.23, for the purchase of six sweeper brooms and one 61'OOiMS 4F 6/f70 on of gutter broom wire for the City's street sweepers. RIire On motion of Councillor Black 4P?W e,X*7J$7 #r/ ill �p. Seconded by Councillor Murphy •�/ RESOLVED that as recommended by the Acting City onager, approval be granted for payment of the invoice from Canron Ltd. in the amount f $1,866.24 for the purchase of 16 -inch, 20 -inch and 24 -inch ductile iron pipe, required L'ahron /e or stock. 0 On motion of Councillor Murphy Councillor Black stated that he has received many calls about the condition of ayside Drive, and he asked when this street will be resurfaced. Noting that this street is to be reconstructed to five lanes, Mr. Barfoot advised that the bridges are in the ale 0r. process of being widened - both contracts have been advertised, and one is well under way. tPoi/I.A?y e stated that the complete job of widening and resurfacing this street has to be finished y March 31st, 1975 in order to qualify for the funding under the Department of Regional conomic Expansion. On motion of Councillor Murphy ' On motion of Councillor Murphy RESOLVED that the letter from the Acting City Manager, Seconded by Councillor Black RESOLVED that in accordance with the recommendation of the Acting City Manager, authority be granted for payment of the invoice from Canadian /LSsvIB/ ire Brush Co. in the amount of $2,867.23, for the purchase of six sweeper brooms and one 61'OOiMS 4F 6/f70 on of gutter broom wire for the City's street sweepers. RIire On motion of Councillor Black 4P?W e,X*7J$7 #r/ ill �p. Seconded by Councillor Murphy •�/ RESOLVED that as recommended by the Acting City onager, approval be granted for payment of the invoice from Canron Ltd. in the amount f $1,866.24 for the purchase of 16 -inch, 20 -inch and 24 -inch ductile iron pipe, required L'ahron /e or stock. 0 On motion of Councillor Kipping Seconded by Councillor Murphy RESOLVED that the recommendation of the Acting City Manager be adopted, namely, that the invoice from D. Hatfield, Ltd. in the amount of $2,240.66 for equipment rental to the Works Department during the period February 16th to 28th, 1974, be paid. ' On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that as per the recommendation of the Acting City Manager, authority be granted to pay the invoice from Dexter Construction Ltd. in the amount of $6,151.52 for crushed gravel used by the Works Department during the �e�f6Y` period December 1st, 1973 to February 28th, 1974. On motion of Councillor Murphy I AU. Seconded by Councillor M. Vincent jj' RESOLVED that in accordance with the recommendation /a,m &P'5 m of the Acting City Manager, tender bids for the supply of water and sewerage materials for 1974 be accepted as recommended in the submitted bid summary. -2qe On motion of Councillor Murphy Seconded by Councillor M. Vincent -�► RESOLVED that as recommended by the Acting City • Te/fdCp,►.s anager, tenders for supplying motorized equipment for various departments (motorized -L equipment II), be accepted -in accordance with the recommendations contained in the sub- mitted bid summaries ". ��/faraea�t I On motion of Councillor Murphy Seconded by Councillor Black • RESOLVED that the letter from the Acting City Manager, T/�►soCerrs �jO- iated March 14th, 1974, submitting a requested summary of the City's current procedure on uotations and tendering, and commenting that with the number of items which can be obtained pprOC�k�G y the City for under $1,000.00 in the course of a year decreasing and the cost of ad- p�BF ertising increasing, this $1,000.00 guide should be raised to $2,500.00, and even then, Pmy applied in certain cases, regarding public tendering procedure - and recomwnding that or the purchase of goods =and services which will exceed $2,500.00 in value during the course of the year that public tenders be called except that quotations only may be obtained where it has been established that the n tuber of potential bidders is limited, and further recommending that the City Manager given.authority to approve the purchase of goods and services up to a $2,000.00 limit without Council approval -- be received and filed and the said recommendations adopted. On motion of Councillor Murphy ' Seconded by Councillor Davis RESOLVED that the letter from the Acting City Manager, submitting a report to him, dated March 7th, 1974, from the Director of Recreation and Parks, concerning the operation of a Summer Figure and Power Skating School from July 2nd to August 9th, 1974 in the Lancaster Centennial Arena, and to be sponsored by Mr. John SKAf MacWilliams - advising that budgetary provision has been made by the Recreation and Pairs epantment to operate a summer skating programme and a revenue projection of $10,000.00 is anticipated which would cover the additional costs to provide this service, and further advising that the local Figure Skating Club and the Recreation and Parks Advisory Board Ap upport the recommendation of the Director of Recreation and Parks that this project be undertaken at the said Arena subject to formal agreement being ertered into with Mr. MacWilliams - and recommending that Mr. MacWilliams' proposal be approved and that City staff proceed to finalize arrangements with Mr. MacWilliams -- be received and filed and the recommendation adopted, and that the Mayor and Common Clerk be authorized to execute • the necessary agreement on behalf of the City of Saint John in this matter. On motion of Councillor Kipping Seconded by Councillor Murphy RESOLVED that the recommendation of the Acting City Manager be adopted, namely, that the invoice from D. Hatfield, Ltd. in the amount of $2,240.66 for equipment rental to the Works Department during the period February 16th to 28th, 1974, be paid. ' On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that as per the recommendation of the Acting City Manager, authority be granted to pay the invoice from Dexter Construction Ltd. in the amount of $6,151.52 for crushed gravel used by the Works Department during the �e�f6Y` period December 1st, 1973 to February 28th, 1974. On motion of Councillor Murphy I AU. Seconded by Councillor M. Vincent jj' RESOLVED that in accordance with the recommendation /a,m &P'5 m of the Acting City Manager, tender bids for the supply of water and sewerage materials for 1974 be accepted as recommended in the submitted bid summary. -2qe On motion of Councillor Murphy Seconded by Councillor M. Vincent -�► RESOLVED that as recommended by the Acting City • Te/fdCp,►.s anager, tenders for supplying motorized equipment for various departments (motorized -L equipment II), be accepted -in accordance with the recommendations contained in the sub- mitted bid summaries ". ��/faraea�t I I ti 5 On motion of Councillor Murphy •�� t�/ Seconded by Councillor M. Vincent RESOLVED that February reports of the Police Depart - VZ ent, Technical and Inspection Services - Building and Plumbing, and the Water and Sewerage ivision of the Works Department, and the January report of the Street Department, be received and filed. Councillor Gould entered the meeting during the foregoing discussions. On motion of Councillor Murphy Seconded by Councillor M. Vincent RESOLVED that the letter from the Acting City yy�e a�1 anager, dated March 15th, 1974, advising that the legal survey showing the exact lands ��� �/ o be acquired between Loch Lomond Road and Old Black River Road for the arterial road op- l"je, nown.as McAllister Drive extension has now been completed and it is now in order for the • /,?4d ity to proceed to acquire the lands required for the right -of -way f'or the said extension f or which loan funds are available under the Special Areas Agreement, and noting that there re no specific funds as yet identified for the construction ccsts of this arterial (which ( ®yy as estimated in 1972 to cost $1,300,000.00) between. Loch Lomond Road and Old Black River toad as land acquisition has proven to be a lengthy process, but that, however, there is epartment of Regiagl Economic Expansion funding approved for a water main which would be constructed along. this alignment to increase the water supply to the industrial parks - and ecommending that-.the City proceed to complete negotiations to acquire the lands necessary or the construction of the McAllister Drive Extension, from Loch Lomond Road to Old Black River Road -- be received and filed and the recommendation adopted. In reply to Councillor Murphy's query as to how much longerwe can expect funding �•� y the Department of Regional Economic Expansion to continue, Mr.Barfoot advised that, in y/•,E general, the present Special Areas Agreement is being phased out, and that he understands that it will be replaced by a new agreement to be known as the General Development Agreement which is in the process of being finalized; this new agreement will have some funds for eJ�jf/ works such as the above work, relating to economic opportunities and roads leading to indus- i1trial parks which he feels could be generally classified under this heading. • • Councillor M. Vincent noted that the residents of the Champlain Heights area are oncerned about the effect McAllister Drive Extension will have on them. He felt that the ey to the matter is the fact that this extension provides access to the industrial park nd that every effort has been made by the City and staff to protect as much of the back and property of these residents as po,%ible - it was not a case of acquiring that area from hem and running the road, but it was essential to provide a communication link to the ndustrial park. He felt that this is of utmost importance to the people in the area - that he City assure them that it took into consideration their thoughts and concern in this egard. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that in accordance with the recommendation of he Acting City Manager,the tender of Goodyear Paving Limited, in the amount-of $1,285,044.50, e accepted for constructing the western approaches to the Courtenay Bay causeway, the iaison Committee having approved of this award, which is to the low tenderer, and that the ayor and Common Cle k b authorized to execute on behalf of the City of Saint John the contract ith Goodyear PavingRnl its regard. 4047Oy�` Councillor Gould posed the following questions in the above matter: has the Acting City Manager checked out the capacity of Goodyear Paving Limited to do the above job; is there an understanding with respect to the matter of "extras "; what commission will the contractor charge for "extras" that are incurred by his sub - contractor. Mr. Barfoot advised that this firm is a well -known and large contractor, and that oneof the recent jobs just completed by it is the Fairville interchange construction. He assured Councillor Gould that if this firm finds that the job under discussion is too large for it to do, the matter of awarding the contract to another tenderer would come back to the Common Council. He added that the performance bond and bid bond supplied by this contractor guarantee that the con- tractor will undertake the contract and complete it; the matter of "extras" is covered in the specifications and normally this is worked on a formula in a unit price contract - which this contract is; variation in quantities in this unit price contract is covered in the existing contract; if there are works beyond what is covered in the unit price items, then there is a standard formula for calculating which involves the cost, plus overheads, plus ten per cent - which means that we have control over it. In reply to Councillor Gould, who asked if there is an understanding regarding the "extras" that might be incurred by the sub - contractors, Mr. Barfoot stated that the City's contract is with Goodyear Paving Limited and if there are "extras" in the sub - contract work this is handled through the general contractor. Councillor Gould noted that, in turn, the general contractor bills the City for its commission on the "extras" that would be encountered by the sub - contractor. Mr. Barfoot stated that this is correct, and it would be the normal procedure. In reply to Councillor Black's question as to whether the City of Saint John, taking into consideration future demands on the water supplies, should at this time be conserving water such as the public water supplied in King Square during the summer months, et cetera, and whether the City in future will find it necessary to seek from wells, Mr. Barfoot stated that the City has a good supply additional water supplies of water in reserve and, particularly, some of its industrial users do not consume as much water and they anticipated they might, so the City has a tremendous quantity of water for supply purposes. Noting that the crisis in oil supplies was not foreseen, and that this could also apply to water supplies, Councillor Murphy stated that he feels now is.the time to take conservation precautions, t/ 0;'! while there is an ample supply, looking to future requirements for water by all potential consumers. He repeated his previous suggestion that one means of conserving the water supply is to employ a brick in each toilet tank of water consumers. Mr. Barfoot noted that some re- cycling of water is now being practiced by industry in this saving of water consumption. city,which is resulting in some Councillor Gould entered the meeting during the foregoing discussions. On motion of Councillor Murphy Seconded by Councillor M. Vincent RESOLVED that the letter from the Acting City yy�e a�1 anager, dated March 15th, 1974, advising that the legal survey showing the exact lands ��� �/ o be acquired between Loch Lomond Road and Old Black River Road for the arterial road op- l"je, nown.as McAllister Drive extension has now been completed and it is now in order for the • /,?4d ity to proceed to acquire the lands required for the right -of -way f'or the said extension f or which loan funds are available under the Special Areas Agreement, and noting that there re no specific funds as yet identified for the construction ccsts of this arterial (which ( ®yy as estimated in 1972 to cost $1,300,000.00) between. Loch Lomond Road and Old Black River toad as land acquisition has proven to be a lengthy process, but that, however, there is epartment of Regiagl Economic Expansion funding approved for a water main which would be constructed along. this alignment to increase the water supply to the industrial parks - and ecommending that-.the City proceed to complete negotiations to acquire the lands necessary or the construction of the McAllister Drive Extension, from Loch Lomond Road to Old Black River Road -- be received and filed and the recommendation adopted. In reply to Councillor Murphy's query as to how much longerwe can expect funding �•� y the Department of Regional Economic Expansion to continue, Mr.Barfoot advised that, in y/•,E general, the present Special Areas Agreement is being phased out, and that he understands that it will be replaced by a new agreement to be known as the General Development Agreement which is in the process of being finalized; this new agreement will have some funds for eJ�jf/ works such as the above work, relating to economic opportunities and roads leading to indus- i1trial parks which he feels could be generally classified under this heading. • • Councillor M. Vincent noted that the residents of the Champlain Heights area are oncerned about the effect McAllister Drive Extension will have on them. He felt that the ey to the matter is the fact that this extension provides access to the industrial park nd that every effort has been made by the City and staff to protect as much of the back and property of these residents as po,%ible - it was not a case of acquiring that area from hem and running the road, but it was essential to provide a communication link to the ndustrial park. He felt that this is of utmost importance to the people in the area - that he City assure them that it took into consideration their thoughts and concern in this egard. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that in accordance with the recommendation of he Acting City Manager,the tender of Goodyear Paving Limited, in the amount-of $1,285,044.50, e accepted for constructing the western approaches to the Courtenay Bay causeway, the iaison Committee having approved of this award, which is to the low tenderer, and that the ayor and Common Cle k b authorized to execute on behalf of the City of Saint John the contract ith Goodyear PavingRnl its regard. 4047Oy�` Councillor Gould posed the following questions in the above matter: has the Acting City Manager checked out the capacity of Goodyear Paving Limited to do the above job; is there an understanding with respect to the matter of "extras "; what commission will the contractor charge for "extras" that are incurred by his sub - contractor. Mr. Barfoot advised that this firm is a well -known and large contractor, and that oneof the recent jobs just completed by it is the Fairville interchange construction. He assured Councillor Gould that if this firm finds that the job under discussion is too large for it to do, the matter of awarding the contract to another tenderer would come back to the Common Council. He added that the performance bond and bid bond supplied by this contractor guarantee that the con- tractor will undertake the contract and complete it; the matter of "extras" is covered in the specifications and normally this is worked on a formula in a unit price contract - which this contract is; variation in quantities in this unit price contract is covered in the existing contract; if there are works beyond what is covered in the unit price items, then there is a standard formula for calculating which involves the cost, plus overheads, plus ten per cent - which means that we have control over it. In reply to Councillor Gould, who asked if there is an understanding regarding the "extras" that might be incurred by the sub - contractors, Mr. Barfoot stated that the City's contract is with Goodyear Paving Limited and if there are "extras" in the sub - contract work this is handled through the general contractor. Councillor Gould noted that, in turn, the general contractor bills the City for its commission on the "extras" that would be encountered by the sub - contractor. Mr. Barfoot stated that this is correct, and it would be the normal procedure. 6 serve�a t Arm ale P;6A .^� pie .*e XQ ke coater�oi�oe a9e On motion of Councillor Black Seconded by Councillor Gould • RESOLVED that as recommended by the Land Committee, the City purchase an easement consisting of 6.1,740 square feet, from Mr. Fred W. Cameron for the sum of $1,234.80 which is computed at the rate of $.02 per square foot plus pay- ment of $765.20 which was the value of pulp that was destroyed during construction of the Spruce Lake water pipe line - the total amount to be paid Mr. Cameron being $2,000.00. On motion of Councillor Murphy Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of e7¢yagP.G cvks he and Committee the portions of Winslow and Rodney Streets in'Saint John West be advertised for closing, as shown on the submitted plan, the same being not in use pre�ntly, and upon closure of the said portions of streets the area of land, as outlined in red on ijacthet, _ the submitted plan, consisting of 1.5 acres,-more or less, located and fronting on City Line and Lancaster Street be sold to Mr. Walter Kean for the appraised value of $4,800.00 Allci w- ea ya on which Mr. Kean desires to construct °.twelve -.unit apartment buildings (the said land sale being contingent upon the re- zoning of City Line and Lancaster Street for the proposed n.�aSe/r!e`it' apartment buildings) , and that a 20 -foot easement across the portion of this land that is 7CyWes• / aye nearest to Guilford Street be retained by the City of Saint John, as shown on the submitted plan, for a sewer line, and that a covenant be contained in the deed stating that construc- tion must be started within one year. of receipt of the deed or the land reverts back to the City of Saint-John for the sale price. �r Me /Md fia�rii�L�oM On motion of Councillor Murphy Seconded.by Councillor M. Vincent . RESOLVED that the letter fromthe Land Committee advising that property at 419 Bayside Drive, owned by Mrs. Thelma Hamilton, is required by the City of Saint John for the Bayside Drive road widening scheme and that Mrs. Hamilton was offered the appraised value of $21,000.00 for this property and refused to accept this offer, and that the negotiations for the purchase of this property began in May 1973 and on October 3rd, 1973 the.Land Committee resolved that a recommendation be made to Common Council to expropriate 419 Bayside Drive, and that the Committee now recommends that it be-expropriated, be received and filed and the said recommendation of the Land Committee be accepted. In ensuing discussion, Mr. Farrell, Secretary of the Land Committee, advised that the City offered Mrs. Hamilton the appraised.value of $21,000.00 (which is considerably higher than the assessment) on several occasions, and we tried to negotiate with her, but she refused'to accept anything less than what she asked; for that reason, the recommendation for expropriation was made through the Land Committee. In reply to Councillor Black, who asked who made the appraisal on those properties, and who stated he was told that an independent appraisal was made for Mrs. Hamilton, at her own expense, and that her appraiser appraised this property at over $31,000.00. Mr. Farrell explained that the City has two employees who are fully accredited and qualified apprasiers, and that one of these, Mr. Adams, appraised the Hamilton property for the City. He added that experience has shown th these City appraisers make very fair apprasials and they have to follow the code of ethics - he believes they make the appraisal as they see-it and as the market value exists. He stand that the amount for which Mrs. Hamilton was willing to settle was much higher than the City appraised value. Mr. Farrell then read a letter written by Mr. Adams which refers to a meeting held between him and Messrs. Stevenson and Schaven and the value of this pro- perty and its use by Mrs. Hamilton (a widow) as a boarding_ house'-and the fact that it is a prime location as a boarding house, and the fact that Mr. Stevenson argued the point of the income received by his.client from her boarders. Mr. Farrell stated that after discussing the mattervith Messrs. Stevenson and Schaven,•the City appraiser raised the original apprasied value from $17,500.00 to $21,000 (which is approximately 15% above the estimated market value) taking into consideration the loss of income from the boarders. He stated that Mrs. Hamilton felt she should get replacement rather than market value of the building • today. Councillor Gould, Chairman of the Land Committee, suggested that the matter be returned to the Committee for the Committee to have a look at this independent appraisal. Mr. Barfoot advised that if the proposed expropriation resolution is passed, it does not prevent further negotiating from taking place with Mrs'. Hamilton. His other point was, that this is the last opportunity the Council has to take action in this matter under the present Expropriation Act - otherwise, it would mean that it would probably be postponed for a long time as we would have to act under entirely new regulations, which would mean delay in the completion of Bayside Drive, which is a'matter of concern to Council members. Councillor Gould, in view of this information, felt that the expropriation resolution should be proceeded with and, in the meantime, the Land Committee 'go back and re- examine the whole case, and there may be justification for accepting what is recommended in the second appraisal. Councillor Kipping asked that if it is necessary that thematter go back to the Land Committee for negotiating of price that the Committee keep in mind the assessed value which is the market value, as well as the higher independent and vested interest appraisals which have been made on Mrs. Hamilton's behalf. Councillor Davis, amember of the Land Committee, felt that the Committee has gone as far as it can go in the matter, and that there'is nothing wrong with going to expropriation, which is standard procedure, and getting the matter settled properly. He noted that the Cityhas to get the road in question through and that the City pays all the costs of property acquisition for this road. He felt that the City's offer to Mrs. Hamilton is a very generous one. In further explanation of.the matter, Mr. Farrell advised that the Land Committee has been aware that another appraisal was made and has discussed it, and the Committee also knew that the appraisers of the City and for Mrs. Hamilton got together to see if they could not agree on certain items.and the Committee was apprised of the differences between these appraisers in the matter. On motion of Councillor Murphy Seconded by Councillor Kipping RESOLVED that the following resolution be adopted, • amely:- "WHEREAS the City of Saint John requires the parcel of land hereinafter described or the purpose of providing the services of roads and streets; I Sim% 17 � fro 7 AND WHEREAS the City has been unable to reach agreement with the owner for the sale the freehold interest known as 419 Bayside Drive; THEREFORE BE IT RESOLVED that under the provision of the Municipalities Act, the ity of Saint John hereby expropriates all rights, titles and interests in the folle7ing arcel of land: 'ALL that parcel of land being part of the property deeded to the Saint John Dry Dock and Shipbuilding Company, Limited on the eastern side of the Red Head Road as set forth in the plan of Gilbert G. Murdoch, D.L.S., dated February 17th, A. D. 1925, and more particularly described as follows: - BEGINNING on the eastern side line of the Red Head Road at a point there- on distant 150 feet measured southwardly along the said line of the said road from the intersection thereof by the southern side line of Robertson Avenue, so called, the said point or plate of beginning being the south- western corner or angle of a certain lot of land conveyed to George E. Howard by Indenture dated the• 1st day of November A. D. 1928, going thence southwar.dly along the aforesaid line of Red Head Road 60 feet, thence eastwardly at right angles to the said road 141.8 feet more or less to the western side line of Lot No. 6 in Block 3 of the aforesaid plan, thence northwardly along the line of the said Lot No. 6 and Lots Nos. 5 and 1 in the said Block No. 3, 61.7-feet to the aforesaid lot conveyed to the said George E. Howard, and thence westwardly along the line of the said lot 152.4 feet more or less to the place of beginning:" Question being taken, the motion was carried with Councillor Black voting "nay" On motion of Councillor Murphy - •�yy Seconded by Councillor Gould pj+lygy RESOLVED that the letter from the Land Committee, advising that Otis A. Kierstead, John T. Sekulich, Helen Langille, Rose - Chaisson, William T. Roberts, Alphonsus Kelly, Alex McDonald,, Raymond Bernard, Harold McNamara and.Manford M. Thompson �!�� Construction Co. Ltd.,,who are the abutting property owners, have agreed. to convey to the le,p— City of Saint John their implicated rights to the fire lane off of MacLeod Street between S St. Anne and Rockcliffe Streets and recommending, therefore, that the Common Clerk be authorized to advertise for five consecutive weeks, once a week, notice of intention that Selae !eh the Council intends to pass a resolution acquiring title to the advertised parcel of land, and further advising that following advertisement and on passing of the resolution of Common Council (there must be two - thirds of the total membership of Council voting in its favour) the title will vest in the City, subject to any existing easements, and the City will 'n turn give a deed of conveyance of one -half of the lane of the portion abutting each pro- perty owner at no cost except to reimburse the City for all expenses incurred related to es- the advertising and to the associated matters at the time the actual conveyance takes place -- �yy��0��. be received and filed and the recommended advertising be made, and the said portions of the 2ijl00,e said fire lane be conveyed as above noted, following advertisement and passing of the necessary J Council resolution to vest title of the fire lane in the City. • n 66-76 X3w"s dowa f1ye- On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that in accordance with the request of the Planning Advisory Committee, the following proposed•amendmentsto the Zoning By -Law be added to the list of anendments to this By -Law that were proposed in the letter to Common Council dated February 28th, 1974 which was laid on the table on March 4th last, namely:- (1) in Section 2(ta) delete the words "limited dividend provisions of the" (because there are no longer such provisions); (2) insert the word "land" before the words "or new use" in line 4 of Section 7(4) (because the site requirements of the by -law should also conform with approved plans). On motion of Councillor Kipping Seconded by Councillor Black RESOLVED that the letter dated February 28th, 1974 from the Planning Advisory Committee (which was laid on the table March 4th, 1974) proposing three amendments to the Zoning By -Law, one of which was referred to the City Solicitor for an opinion, and is referred to in his letter to Council dated March 15th, 1974, be laid on the table until the City Solicitor is present,-later in this meeting. On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the letter dated March 13th, 1974 from .the Planning Advisory Committee advising that the Committee, in regard to the proposed relocation of Woodhouse Limited, approves in principle the re- zoning of 66, 68, 70, 72, 74 and 76 Lansdowne Avenue to "B -2" General Business (furniture outlet) pursuant to a resolution under Section 39 of the Community Planning Act tying the proposed development to the plans more fully described in this letter; that having regard to the apparent lesser parking usage at furniture businesses throughout the City, the Advisory Committee would be willing. to grant a variance to reduce the number of parking spaces required under the Zoning By -Law by fifty per cent (the by -law requirement is one parking space for each 600-square feet of gross retail floor area and for each 2,00 gross square feet of warehousing) and the Planning Department will be reviewing parking requirements generally in the near future and may then recommend a lowering of the relevant requirements; that the Advisory Committee reached the following conclusions, (a) no parking should be allowed in front of the building - this should be .provided at the side, rear or in the building itself - obviously, the proposed 25 -foot front yard will therefore be impossible to maintain, and, if necessary, this will be acceptable to the Committee - an attempt should be made to retain some of the planting at the front; (b) only one driveway, not exceeding 30 feet in width, should be permitted off Lansdowne Avenue - it should be directly opposite or, if offset, at least 125 feet between centres in relation to any driveway into the Fairview Shopping Centre; (c) the building should be so designed as to provide a loading zone at the rear which is to prevent trucks encroaching on the lane there; and further advising that the applicant should be asked to immediately prepare site and 8 building plans to comply with the foregoing, and the Council can now re -zone the property Jam- based on a Section 39 resolution tying the proposed development to plans to be approved by the Planning Director filed and with the Common Clerk; that while the Committee has • �D��OJ•l✓c `o attempted to be flexible in its approach to the proposal, it feels that it is in the best interest of the applicant, its customers and-the community to acquire additional land to ensure a higher quality development; that the Committee would not recommend payment of money in lieu of parking or the use of parking spaces on the Fairview Plaza because it does not solve the problem, having regard to the future width, traffic volumes and turning movements /►c7aj5!�OlA/0! e on Lansdowne Avenue particularly when further development occurs in the Urban Renewal Ave. , area and in the general vicinity -- be received and filed and the said proposed re- zoning be pursuant to Section 39 of the Community Planning Act, and that the Municipal Planning Stag /,r L� Officer be asked to ask the applicant, namely, Fourth Floor Holdings Ltd., to immediately % prepare site and building plans to comply with the above named conditions in the letter �o�is►cc%�/y from the Planning Advisory Committee. / �s Mr. Zides stated that he believes the intent of the Planning Advisory Committee will be, as follows:- the applicant's proposed re- zoning has to go through the advertising period to achieve third reading, and, hopefully, the plans could be completed by that time; even if the plans.were still in the process of being prepared, the Council could still go ahead by using the wording "subject to plans to be approved ". On motion of Councillor Murphy Seconded by Councillor M. Vincent. RESOLVED that the letter dated March 14th, 1974 from the Planning Advisory Committe, regarding the application of Starlight Construction Ltd. for re- zoning of a 245 -acre parcel of land located on the northern side of Ocean West- way about 400 feet west of the Lorneville Road intersection to permit the construction of a mixed housitg development, advising that in connection with the Municipal Development Plan the Committee recommends that Schedule 2 -A be amended by placing the lands shown on the submitted plan in low- density residential.classification and by amending Section 9 -A so �9 e�4e- that these lands are all in a Stage 2 area; and advising that the re- zoning proposal is based upon a tentative-sub-division plan which would place part of the area in a local shop Stag /,r L� ping district, another part in an aprtment area and by far the largest part in an area for L� either or both one- or two - family homes - that the problem is that.the portion at the front �o�is►cc%�/y of the area would be cut by a proposed joint Canadian Pacific- Canadian National railway line / �s to Lorneville from the main Canadian Pacific rail line between.South Bay and Acamac - the tentative alignment and width would make the proposed sub - division pattern and proposed re- zoning meaningless - it is understood that a definite survey is to be made and completed within the next month which would fix the precise location and width of the proposed line; and advising that the Committee tlerefore believes that the Common Council can now adver- t „ tise the proposed re- zoning but that no action should be taken on the final reading of the by -law until after the precise location of the rail line has been determined and fixed and the zoning boundaries shown accordingly -- be received and filed and authority be granted to. advertise the said proposed . re - zoning, and the proposed amendment to the Municipal Development•Plan as above noted. On motion of Councillor Murphy Seconded.by Councillor M. Vincent RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of .Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of approximately 245 acres with a frontage of approximately 900 feet on the northerly side of Ocean Westway beginning approximately 400 feet west of the Lorneville �j Ka1�dn1,py A, intersection (so- called) from "RF" Rural to "R -2" One- and Two- Family Residential classifi- cation with one small "B -1" Local Business and "RM -1" up to three - storey multiple family residential on Ocean Westway, be read a first time. I Read a first time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". • On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of approximately 245 acres with a frontage of approximately 900 feet on the northerly side of Ocean Westway beginning approximately 400 feet west of the Lorneville intersection (so- called) from "RF" Rural to "R -2" One- and Two - Family Residential classifi- cation with one small "B -1" Local Business and "RM -1" up to three - storey multiple family Coaszt�•,�.d residential on Ocean Westway, be read a second time. ' Read a second time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Murphy Seconded by Councillor M. Vincent RESOLVED that the by -law entitled "A Law to Amend The Municipal Plan By -Law and Amendments Thereto" insofar as itconcerns altering Schedule 2A so that the area of approximately 245 acres lying between the northern side , of Ocean Westway (about 400 feet west of the Lorneville' Road intersection) and the Crown / AlvAg! -/wV reserved.ioad, be.removed from the existing classification and placed in "Low Density Residential" classification, and amending Schedule 9A by placing the said lands in a Stage 2 area, be read a first time. Read a first time the by -law entitled "A Law to Amend The Municipal Plan By -Law and Amendments Thereto." On motion of Councillor Murphy • Seconded by Councillor Black RESOLVED.that the by -law entitled "A Law to Amend The Municipal-Plan By -Law and Amendments Thereto" insofar as it concerns altering Schedule 2A t Sn/��a7f,�j�Ijt so that the area of approximately 245 acres lying between the northern side of Ocean West- way (about 400 feet west of the Lorneville Road intersection) and the. Crown reserved road, 4W. I i i Seconded by CCouncillor Gould RESOLVED that the letter from the Planning Advisory Committee advising that Rocca Enterprises Ltd. are restoring and retaining'the original • eCPrM4;e5 building faces at 28 -38 King Street while converting the interior of the buildings to office use, and that having regard to the company's efforts to restore and retain the original building faces, the Committee will grant a variance in the parking requirements /l°Cd O,C from fourteen spaces to ten spaces and the company is to acquire five spaces for parking at a location acceptable to the Municipal Planning Director and has agreed to provide for ��� the parking fund monies for five parking spaces, and that the Planning Advisory Committee Sve be removed from .the existing classification and placed in "Low Density Residential" classification, and amending Schedule 9A by placing the said lands in a Stage 2 area, be • read a second time. Read a second time the by -law entitled "A Law to Amend The Municipal Plan By -Law and Amendments Thereto ". The Common Clerk advised that no objections were received to the proposed closing of a portion of Snow Street, in the north end of the city, the necessary advertising in this regard having been completed. No person was present to offer comments, in this matter. On motion of Councillor Black ' Seconded by Councillor Murphy 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" eA7 4.07 with respect to the closing of that portionof Snow Street commencing at a point approximately 165 feet easterly from its intersection with Old Adelaide Road, and extending in ✓ an easterly direction the remaining portion of the street, containing an area of 1,725 square feet, be read a first time. Read a first time 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 andAmendments Thereto ". On motion of Councillor Black Seconded by Councillor M. Vincent 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 Made Under the Authority of Section 186A of.the Municipalities Act 1966 and Amendments • �O�a� J Thereto" with respect to the closing of that portion of Snow Street commencing at a point approximately 165 feet easterly from its intersection with Old, Adelaide Road, and extending in an easterly direction the remaining portion of-the street, containing an area of 1,725 square feet, be read a second time. Read a second time 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 Made Under the Authority of Section 186A of the Municipalities Act .1966 and Amendments Thereto ". On motion of Councillor Murphy Seconded by Councillor Black "09.AW RESOLVED that the letter from the Planning Advisory ,A/+j� 4 Committee with reference to the application,from Kehnebecasis Investments Ltd. for re- zoning of an aea on the northerly side of Loch Lomond Road, this side of Cruikshank Lake, to permit the development of land for 114 duplex unit lots and six multiple dwelling lots, with a i?e--x pgj4y combined potential for some 300 families, •.in the Bon Accord Sub- division, advising that the 249 Committee recommends that the areas shown on the submitted plan be re -zoned from "RS -2" "RM Suburban Residential to -1" Multiple Residential and "R -2" One- and Two - Family Residential classifications, be received and filed and authority be granted to advertise the said proposed ,, re- zonings. Councillor Black noted that the above named housing will mean an increase in the volume of traffic using the Loch Lomond Road, which,is a winding road; and he asked if there are plans to improve this road. Mr. Barfoot replied that this'road was, and is, a Provincial highway, known as Highway 111, within the Municipality; application has been made to the Department of Highways for improvements to this road along with other streets, / �P ,1A. to be done by that Department, but he does not know what impuivements will be done as a result • e> of the application; the-Provincial policy up to now has been that the Province would pay ninety per cent of any improvements regarding Highway 111 - in 1974, the Province adopted a new policy which is to pay-one hundred per cent for improvements of all Provincial highways within the city limits, while the City pays for the maintenance on the Loch Lomond Road. He agreed that the Loch Lomond Road is in bad condition, and he commented that,someone will have to do some work on it. On motion of Councillor Murphy Seconded by Councillor Davis RESOLVED that the letter from the Planning Advisory Committee with regard to the application made by Sunrise Contractors Ltd. (Mr. Dante Foriere) for re- zoning for proposed development on the northerly side of Loch Lomond Road approximately one mile east of Blind Man's Lake, advising that the original sub - division �dy�� �e design for this development was reviewed by various civic and public utility staff and was 01/j 61; Bey found unacceptable to the Planning Department and that the proposed sub - division design has therefore been revised and has just been received for a further review and a recommenda- tion on the proposed re- zoning to three different classes of zones will have to be based on 0 an approved sub - division design and when there is one, it will be taken to the Planning -709lw Advisory - Committee for a recommendation to Common Council, and requesting that the Common Council defer the matter of a decision on the re- zoning for the time being, and stating that, hopefully, a recommendation will be made to Council after the- Advisory Committee's meeting of March 26th next, be laid on the table together with the said re- zoning applica- tion until after the said March 26th meeting of the Committee. On motion of Councillor Murphy Seconded by CCouncillor Gould RESOLVED that the letter from the Planning Advisory Committee advising that Rocca Enterprises Ltd. are restoring and retaining'the original • eCPrM4;e5 building faces at 28 -38 King Street while converting the interior of the buildings to office use, and that having regard to the company's efforts to restore and retain the original building faces, the Committee will grant a variance in the parking requirements /l°Cd O,C from fourteen spaces to ten spaces and the company is to acquire five spaces for parking at a location acceptable to the Municipal Planning Director and has agreed to provide for ��� the parking fund monies for five parking spaces, and that the Planning Advisory Committee Sve 10 ;Poeety therefore recommends that the Common Council be prepared to accept $7,500.00 from Rocca L ,�f� Enterprises Ltd. in lieu of five of the parking spaces required, and further advising that the actual approval of the change of use and occupancy of the 'said buildings is • .ryry�� �h dependant on the provision of the five parking spaces at an acceptable location and the ',YOG'I�� e-4r. OT 49f-r- IlJ paymenttn` the Cityto the parking trust fund of monies in lieu of five other parking 'and spaces -- be received filed and the:.recommendation adopted. s lZw'w/ At the s u gges.tion -of Councillor Kipping, the Council members asked that they be $ ,.Ce i supplied for the next meeting of Council with information -from the Saitt't John Parking Commission regarding,,, the . possible use of- .the funds the- Commission -has in 'its •accounts, .51 J, /y�' /g� particularly with the building of additional :%parking facilities in mind; that is, policy /SS /Oh from the said Parking Commission in this regard, with the reques -ted report from the 74W�* nds 70dor Commission to come to Council.through the Acting City Manager. I ,� dC/ /l�-/d'.i Consideration was given to the letter from the Planning Advisory Committee, dated March.14th, 1974 which advises that. Irving Oil. Limited has applied for a permit to make the following changes in the 'tank location at the company's.bu -lk plant site on Bayside Drive:- (1) to remove eight 20,000 gallon,vertical storage tanks presently located at the extreme front of the lot adjacent to Bayside Drive, and (2) to- install towards the rear section of the lot one.tank.with a capacity of 250,000 gallons - the alleged purpose of this move is to increase the margin of safety for the handling of petroleum products at this location; that the Advisory Committee would have no objection to the relocation of the tanks p- rovided.that the.Fire.Chief approves the proposed increase of storage volume ffom :160 ;000. gallons to 250,000 gallons; that comments have been expressed locally that the.Zoning By -Law setbacks have been met by thelplacement of various petroleum storage tanks in the city and the Advisory Committee would point out that, while the use of the and for the bulk storage of petroleum goods is• controllable under the City's Zoning By-Law, it does not believe that the question of the location and spacing of tanks con- taining various quantities and types of flammable liquids is a proper subject for zoning controls; that zoning regulations are primarily designed for normal buildings and structures; hat the Committee therefore feels that the storage of flammable liquids should be subject o fire and safety regulations whether these are properly local or senior governmental, nd not to the requirements -of the. Zoning By -Law; that the Committee would request that • he Common Council authorize the use of the- necessary applicable regulations and /or larifica,tion of this :matter. The Fire Chief was asked to comment at this time regarding the contents of the Bove letter. Mr. Clark advised that ,several weeks ago, he met with the representatives f Irving,Oil.Limited to discuss the results of their conversation of.last.�December in egard to the alterations at the bulk.storage plant on Bayside Drive. He stated that;at he last meeting he had with the Irving people they indicated to him they were prepared'to elocate the gasoline storage tanks to the rear of the dyke,.to dismantle the eight 0,000 - gallon tanks that now exist, to install five foam generating units and to install n arrestor to eliminate gasoline vapours on the two gasoline tanks that would remain. e - advised that the Fire Department is more than pleased with the programme as presented o the Department by the Irving representative; the.Department feels that the alterations part of which he b'elieves.are under way now -.and the results of the negotiations that ook place between it and the company regarding, the bulk.stor.age plant.ar,ea of the company re very satisfactory. He' stated that the Department,feels that this eliminates a great eal of the hazards that did exist and,he felt that the only way to eliminate it completely ould be to remove the entire bulk storage area. He advised•that the moving of the tanks ould increase the distance from the property line by one.h_undred.per cent in regards to he 275,000- gallon gasoline storage tanks; the requirement was forty feet from the property ine and now the distance to the rear of the dyke will be in the area of one hundred feet rom the property line.; in this regard, the Fire Department has been working under Standard 0 of the National Fire Protection Association and Canadian Underwriters Association; he ointed out that there are no regulations,in, this regard in the Province of New Brunswick nd that the Department has been working with the only standards that are available to it. In explanation of the reference in the Planning Advisory Committee's letter to he storage volume of the tanks, Mr. Clark advised that prior to the gasoline spillage the • irst large tank of the company at the site under discussion contained 270,000 gallons of asoline and there were also eight 20,_000- gallon tasks of gasoline, And what the company roposes is to dismantle those eight ,tanks and the tank that formerly held the 270,000 allons will be relocated to the rear of the dyke area for storage of gasoline - at,the resent time, there is no gasoline at the bulk storage area - the tank that contained the 70,000 gallons of gasoline now contains fuel oil. He stated that the company's plan is o replace the eight 20,000 - gallon tanks with one large tank that would hold 250,000 allons; this means that the volume of storage would be increased but not the hazard, as here is a greater hazard in the greater number of tanks. He added that there is no fume rrester at present on the existing tanks. He pointed out that the company would be using wo storage tanks under.its plan, in.place of the present nine tanks. He stated that the ' nstallation that is being prepared by the Irving firm regarding the.bulk storage plant _ s being improved by five hundred per cent when it is related to the existing bulk storage lant's margin of safety, which present margin meets,the requirements of Standard 30. On motion of Councillor Kipping Seconded by Councillor Murphy RESOLVED that the Common Council authorize the use , f the necessary applicable regulations as to location. and spacing and safety of flammable Liquids with regard to. the changes in the tank - I 1' 7. Lana to maKe mucn or the low swampy ground usable for home construction and this has eliminated the former areas which served as areas where water would pool during heavy • rains until the existing sewer system could drain it away. The brief, in referring to the steps that are being taken by the City to correct this situation, notes that it is under- stood that the project now underway to correct it, in part, is behind schedule in the portion 112 �� that is now being carried out and the next and final step, as proposed, will not be undertaken �sDr61� or another year and that when completed it will still be too small and will not extend far nough to solve the problem completely. The brief also notes that the work of installing Art a 48 -inch main line from Dever Road to a point about 100 years beyond Dexter Drive is behind 0;W10 - f V. schedule and that efforts should be made to complete this section as soon as possible; the brief further notes that from the end of this line it is p.roposed that a 36 -inch line extend semleo"5 to Greendale Crescent, and this work is proposed for 1974, and that tenders have not as yet been called, and that if this 36 -inch line is replacing the existing 24 -inch line which runs along the Greendale Crescent area and which is not capable of carrying the amount of run -off a 36 -inch line is not large enough unless the 24 -inch line is to be retained and maintained in good working condition. The brief states that the residents feel that if the new line is to carry all the water it should be a 48 -inch line and that tenders should be called immediately for the construction of this new line so that it will be in service in the fall of 1974 as it is felt that any delay in this work will lead to more serious flooding, property damage and destruction in the future and will delay the development and construction of Greendale Sub- division. The brief states that it is felt that the said new line as presently planned will ' not solve the problem beyond Greendale Crescent due to a lack of large feeder sewer lines linking this area to the new line and also the large size of the area to be drained, and the residents feel that the new sewer should extend beyond the said Crescent and that existant feeder sewer lines be joined to it (which would enable new feeder sewer lines to be jointed to the system as construction proceeds and as the need arises without overloading the system) and that this should be done this year to relieve the flooding in the areas between Greendale Crescent and Manchester Avenue where the situationhas been most acute. The brief asks that the appropriate departments be requested to investigate and remedy the situation where raw sewage has entered basements as this constitutes a severe health hazard in the area. The brief submits six recommendations, namely:- (1) that present construction should be completed as early as possible; (2) that the 1974 proposed construction be tendered immediately and • started at the earliest possible date'; (3) that the new line be extended to beyond Brookview Crescent along the easement which the City currently holds; (4) that the necessary feeder lines be entered into this system as construction proceeds and the necessary catch basins be cons= cte that new drainage be available before any new construction permits are issued to relieve additional flooding; (6) that new feeder lines be constructed from McCavour Drive to the newly constructed main sewer line. During the aforegoing presentation, the Mayor re- entered the meeting and resumed the Chair. Dr, Keyes estimated that there are about 40 lots in this subdivision that are the remaining lots to be built on, and he pointed out that the flooding situation would become more acute as these lots are filled in for construution purposes. ' Mr. Barfoot advised that the contract that is under way in this subdivision for Phase I of the sewer line Work is estimated to be completed on or about April 30th, 1974. He stated that in the capital budget a programme will be brought before the Council for extension of storm sewer mains in this subdivision proposed for, 197.4, and to, cost in the vicinity of $100,000.00. He estimated that the cost of making the installations requested in the brief presented by Dr. Keyes would cost between $150,000.00 and $200,000.00. It was noted that the Greendale Subdivision is one of many, areas of the city in which the flooding problem exists and which requires a major sewer run -off system. Mr. F. A. Rodgers, City Solicitor, entered the meeting. The Mayor thanked Dr. Keyes for the presentation and advised that the Council will render a decision at a later time. • �i�g� ���• On motion of Councillor Murphy , Seconded by Councillor Black /YDIBeS /�9� RESOLVED that the letter fromthe Planning Advisory jjp+p�0/i"c� Committee, asking that the Common Council consider and act on the submitted brief entitled "More Housing With Much on West Side ", be received and filed and the,Common Council approve this programme in principle and call upon City staff to implement these proposals immediately. At 6.20 p.m. the meeting adjourned to Committee of the Whole, and the Common Council ��� resumed at 8.10 p.m, when there were present Mayor Lockhart and Councillors Davis, Gould, ' /Dt ,[ Green, Kipping, Murphy and Parfitt, and Messrs. N. Barfoot, Acting City Manager, R. Park, &lAple Commissioner of Finance, F. A. Rodgers, City Solicitor, M. Zides, Municipal Planning Director, D. Carter, Economic Co- Ordinator, and A. Ellis, Building Inspector. On motion of Councillor Murphy Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor, _submitting a draft by -law entitled "A By -Law Respecting Standards for Maintenance and Occupancy of Buildings and Premises" which he had prepared,from the report,f.rom a sub -. �e7Q° committee of the Urban Renewal Commission under the chairmanship of Dr. Leonard Higgins, / /lldl %iq?C"7 which report was adopted by Common Council resolution of November 19th, 1973, and advising �s that at the same time as-the sub - committee was studying this, matter the Provincial Govern- ,r passed legislation allowing the municipalities to adopt by by -law the Provincial Code .Vy —1,QCT1 Pgas well as adding additional provisions to the by- law.to provide for the ,administration and enforcement of the Code, and that the additional provisions in the by -law require the approval of the Lieutenant - Governor -in- Council - and further advising that in view of the considerable amount of time given to this matter by the sub - committee of the Urban-Renewal Commission and the strong feelings of the committee with respect to the need for the by -law to contain many yy ors � of the committee's suggestions, it.is his opinion that in the light of the limited legisla- tion available to the municipality, the by -law be forwarded to the Minister of Municipal •�� �l° ffairs for his comments before any steps are taken by Council to enact the by -law, be (received and filed and the said proposed by -law be forwarded to the Minister of Municipal Affairs for his comments before steps are taken by Council to enact it. 12 Reason: The By -Law was written in the days when there was a Planning Commission. Now there is no longer one.but, instead, there is a Planning Advisory Committee which has more or less the same functions. C. 1. Substitute a full stop for the comma after the word "situated" in the sixth-.line ' of clause (a) of subsection (1) of section 5 and delete all the words following thereafter. -- 2. Delete subsections .(3) and (4) of section 5., 3. Delete section 6. eason: The new Community Planning Act has altered some of the powers and responsibilities rovided under the previous,Planning Act. The material proposed to be eliminated is no onger legally effective. AND FURTHER that recommendation B. in the above named letter (to add a new sub- • section (8) to section 10) be referred back to the Planning Advisory Committee for further study. Mr. Rodgers noted that it is the proviso in abovementioned recommendation B. that i at issue, and not that of a fixed time period. TOi' re-- zOnAip 4ven64 MtAja . w7e�V qF G'o. fit /a�z�ic e Fie �iear r re isa� r4N Twee zo&es Y-" .&oAce.?ri es exrtedldPal 6(oawe F/i//e t t -9 ?woe Zlre- h7d'a z' ^ cap ape.aS, eeLe, ) On motion of Councillor Murphy Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor, to whom was.referred at the meeting of Common Council held on March 4th, 1974 the proposed enactment of a new subsection (8) of section 10 of the Zoning By -Law, as submitted in the letter dated February 28th, 1974 from the Planning Advisory Committee to Council (namely, "(8) No application for amendment of change in zone shall be considered, where a similar application has been refused•by Council, until a period of one year has elapsed from the date of refusal; provided however, that the :Council may waive this requirement if it finds that'there is valid new evidence or change of conditions. "), advising that in connection with the recommendation that Council may waive a fixed period of time established under the by -law to hear similar applications for amendments or a change in-zoning, - although Council has the authority to set a time period before similar applications may be made to Council, it is his opinion once that time period is set there is no provision for Council regardless of the fact; being a legislative body in this matter, to discriminatory change the time period established under the by -law without the necessary steps being taken to properly amend the by -iaw -- be received and filed.' On motion of Councillor Murphy Seconded by Councillor Gould RESOLVED that in accordance with the recommendation • of the City Solicitor, payment be approved of the amount totalling $10,879.74, payable to Clark, Drummie & Company for legal fees incurred in connection with the Atlantic Pilotage Authority Hearing in Halifax in 1973 in connection with the ' Pilotage Rates at which time the City Solicitor engaged the services of Mr. David Case to represent the City and the Saint Sohn Port and Industrial Development Commission. The Council members concurred in the suggestion of Councillor Murphy that they hould be apprised regarding what traspired at the above named Pilotage Rates Hearing. On motion of Councillor Murphy Seconded by Councillor Green: RESOLVED that the letter from the Acting City Manager dated March 1st, 1974, which was ldd on the table by Council resolution of March 18th last, 'advising that with reference to Councillor Davis' report entitled, "Let's Reduce Our Tax Rate by l0c" which was referred to City staff at a meeting of the Common Council on February 18th last, advising that the City staff concur in the suggestion that Lorneville and Spruce Lake industrial areas should be ,added to the Inner Tax Zone at this time (Councillor Davis' report having suggested that "Industrial, Commercial and Governmental ' property should be taxed at the same rate no matter where it is located in our City ", and also having suggested that as a first step the Lorneville and Spruce Lake industrial _ areas should be included in the Inner Tax Zone); further advising that Council policy on differential tax zones has been based'on the assumption•that a lower tax rate is justified for the outer areas of the City because generally services are at a lower standard there compared with the central 'areas of the city, and that it follows fromthis, that when service levels are improved sufficiently, adjustments to the tax zone boundaries should be made accordingly, and such adjustments should be made in advance of any development which occurs as a result of service improvements and extensions, so that property owners will be fully aware of the situation; and recommending that, on the grounds that the City has already invested substantial funds in the extension of services to and in the Spruce Lake and Lorneville industrial area and that it is also anticipated that the City or an agency 00 the City will take over the administration of the parks in the near future; and further costs will be incurred and that the standard of services will be at the highest level the City can offer, comparable with service in the inner areas - the industrial areas of A On motion of Councillor Murphy //w7nw, �QG�!/� S- Seconded by 'C'ouncillor Green RESOLVED that with reference•to the letter • dated /� !•�!� ebruary 28th, 1974 from the Planning Advisory Committee,.,which was laid on n March 4th last for further information, the following recommendations for the table amendments . / a/y7CHq/17L°/(r.S to the Zoning By -Law be adopted and the necessary advertising authorizedz- A. Delete clause,- (k) of Section 2. 2. Redesignate clause (1) as clause (k). 3. Insert a new clause (1) to read: (1) "Committee" means the Planning Advisory Committee established by the Council. ' 4., Substitute the word "Committee" for the word "Commission" wherever it appears in the by -law. Reason: The By -Law was written in the days when there was a Planning Commission. Now there is no longer one.but, instead, there is a Planning Advisory Committee which has more or less the same functions. C. 1. Substitute a full stop for the comma after the word "situated" in the sixth-.line ' of clause (a) of subsection (1) of section 5 and delete all the words following thereafter. -- 2. Delete subsections .(3) and (4) of section 5., 3. Delete section 6. eason: The new Community Planning Act has altered some of the powers and responsibilities rovided under the previous,Planning Act. The material proposed to be eliminated is no onger legally effective. AND FURTHER that recommendation B. in the above named letter (to add a new sub- • section (8) to section 10) be referred back to the Planning Advisory Committee for further study. Mr. Rodgers noted that it is the proviso in abovementioned recommendation B. that i at issue, and not that of a fixed time period. TOi' re-- zOnAip 4ven64 MtAja . w7e�V qF G'o. fit /a�z�ic e Fie �iear r re isa� r4N Twee zo&es Y-" .&oAce.?ri es exrtedldPal 6(oawe F/i//e t t -9 ?woe Zlre- h7d'a z' ^ cap ape.aS, eeLe, ) On motion of Councillor Murphy Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor, to whom was.referred at the meeting of Common Council held on March 4th, 1974 the proposed enactment of a new subsection (8) of section 10 of the Zoning By -Law, as submitted in the letter dated February 28th, 1974 from the Planning Advisory Committee to Council (namely, "(8) No application for amendment of change in zone shall be considered, where a similar application has been refused•by Council, until a period of one year has elapsed from the date of refusal; provided however, that the :Council may waive this requirement if it finds that'there is valid new evidence or change of conditions. "), advising that in connection with the recommendation that Council may waive a fixed period of time established under the by -law to hear similar applications for amendments or a change in-zoning, - although Council has the authority to set a time period before similar applications may be made to Council, it is his opinion once that time period is set there is no provision for Council regardless of the fact; being a legislative body in this matter, to discriminatory change the time period established under the by -law without the necessary steps being taken to properly amend the by -iaw -- be received and filed.' On motion of Councillor Murphy Seconded by Councillor Gould RESOLVED that in accordance with the recommendation • of the City Solicitor, payment be approved of the amount totalling $10,879.74, payable to Clark, Drummie & Company for legal fees incurred in connection with the Atlantic Pilotage Authority Hearing in Halifax in 1973 in connection with the ' Pilotage Rates at which time the City Solicitor engaged the services of Mr. David Case to represent the City and the Saint Sohn Port and Industrial Development Commission. The Council members concurred in the suggestion of Councillor Murphy that they hould be apprised regarding what traspired at the above named Pilotage Rates Hearing. On motion of Councillor Murphy Seconded by Councillor Green: RESOLVED that the letter from the Acting City Manager dated March 1st, 1974, which was ldd on the table by Council resolution of March 18th last, 'advising that with reference to Councillor Davis' report entitled, "Let's Reduce Our Tax Rate by l0c" which was referred to City staff at a meeting of the Common Council on February 18th last, advising that the City staff concur in the suggestion that Lorneville and Spruce Lake industrial areas should be ,added to the Inner Tax Zone at this time (Councillor Davis' report having suggested that "Industrial, Commercial and Governmental ' property should be taxed at the same rate no matter where it is located in our City ", and also having suggested that as a first step the Lorneville and Spruce Lake industrial _ areas should be included in the Inner Tax Zone); further advising that Council policy on differential tax zones has been based'on the assumption•that a lower tax rate is justified for the outer areas of the City because generally services are at a lower standard there compared with the central 'areas of the city, and that it follows fromthis, that when service levels are improved sufficiently, adjustments to the tax zone boundaries should be made accordingly, and such adjustments should be made in advance of any development which occurs as a result of service improvements and extensions, so that property owners will be fully aware of the situation; and recommending that, on the grounds that the City has already invested substantial funds in the extension of services to and in the Spruce Lake and Lorneville industrial area and that it is also anticipated that the City or an agency 00 the City will take over the administration of the parks in the near future; and further costs will be incurred and that the standard of services will be at the highest level the City can offer, comparable with service in the inner areas - the industrial areas of A I 13 Lorneville and Spruce Lake, plus the land lying between Spruce Lake Industrial Park, and the present boundary of the Inner Tax Zone be added to the inner tax zone, as indicated in the • submitted map - and further recommending thatwhen existing and proposed or future development 's linked to, or benefits from the inst allation or extension of services to Lorneville and pruce Lake, further adjustments in the tax zone boundaries be made -- be received and filed and the recommendations adopted - the said areas indicated on the submitted map to be added o the Inner Tax Zone with effect from January lst, 1975. Councillor Davis pointed out that,the City has committed itself in the Lorneville - pruce Lake area to construction of 5.4 million dollars worth of works (in sewerage and ther services) going in that area of which the City is to pay $2,667,000.00 plus a large mount of interest, which means that we are not dealing with an area that is completely ' nserviced; a further point is that the City spent $68,000.00 in 1973 in maintaining the road. He stated that in talking with Mr. James Maskell of New Brunswick Development orporation, Mr..Maskell told him it would mean very little in this opinion to have the orneville area in the Inner Tax Zone. Councillor Davis stated that as far as he himself 's concerned, the big consideration is the reduction in the tax rate for all the other 'ndustries in the city. He noted that there was no trouble last year when the Grandview and cAllister Industrial Parks were included in the Inner Tax Zone. He stated that the cal - ulations he did were done on the basis of this industry being on top of last year's tax ase. He advised that if we had two hundred million dollars more assessments last year our ' ax rate would have gone down 3.050; if it was in the Inner Tax Zone, it would have gone own 130; the city of Moncton's would have gone down 3.050 and every other municipality in ew Brunswick would have enjoyed a reduced tax rate of about'3.5 %, while the rates of the City of Saint John would have gone down less than any other municipality in this province and all the other municipalities would have received greater grants. He stated that he does of see anything wrong with the recommendations made by the Acting City Manager in his above entioned letter. In reply to Councillor Kippings' question as to whether, in his opinion, the above notion will affect the development of Saint John Deep, Councillor Davis stated that while he cannot categorically answer that, he does not think it is possible for it to interfere • ith Saint John Deep. Councillor Kipping commented that he feels the motion is actually learing the way for better application of more up to date industrial development procedure, and he supports the motion. On motion of Councillor Gould �'atei11A Seconded by Councillor Green If RESOLVED that the brief submitted by Councillor Davis +� ✓✓ entitled, "Integrated Committees for Government and Management" which he suggests as a©oie a solution to many-of the problems of lack of a system that permits consultation and information flow between management and government, be laid on the table.and considered C/'op� jointly with the Kates, Peat, Marwick & Co. organizational structure report when the l.pddodll Common Council studies and implements that report: AND FURTHER that the above named brief, from Councillor Davis be referred to the City staff for study. �oav�i�rr' rl wives, ,On.motion of Councillor Murphy �ai�l1 /rah RY CO, PA50-jpe Seconded by Councillor Green RESOLVED that in view of the fact that Fireman Allan A�Q��r �d McNulty of the Saint John Fire Department and Constable John Taylor of the Saint John stG'14"+D9c3 Police Department, at great risk to themselves, recently were instrumental in rescuing a- �j "�&yr patient of the Provincial Hospital from the waters of the Reversing Falls, the bravery of these two City officers be recognized by means of citations. �p The Mayor asked that the Acting City Manager check to see if there are other persons i& °o who should be commended as well, regarding the above mentioned incident. •A/AwAft P On motion of Councillor Murphy M Seconded by Councillor Green RESOLVED that the letter from the Canadian Federation of Mayors and Municipalities inviting submission of proposed resolutions from the City of Saint John for consideration at the 1974 annual conference of the organization, and asking that resolutions be submitted not later than April 30th to the organization's 9fC. Ottawa office, be referred to the City staff for recommendations regarding proposed resolutions. On motion of Councillor Murphy p�ry Seconded by Councillor Green C.6�y�ep�Gy� RESOLVED that all'memb.ers of the Common Council and the Common Clerk, be authorized to attend the annual conference of the Canadian Federation �ry of Mayors and Municipalities to be held in Winnipeg, Manitoba from June 2nd to 6th, 1974. On motion of Councillor Gould ' Seconded by Councillor Murphy RESOLVED that with regard to the letter from the Lions Club of Saint John Ltd. advising that the organization'has set aside the sum of $15,000.00 phi n�� for the purchaae of a second City of Saint John Rescue Squad vehicle (the specifications 0.4e � 2(- for such a vehicle to be at the discretion of the City of Saint John) on the theory that the citizens of Saint John can be better served by the implementation of a second Rescue Squad, and further advising that this proposal is contingent upon the approval by Common ;T001 &4e Council to provide funds to staff, equip and maintain such a unit, the Club be thanked for this offer and the letter be referred to City staff for a recommendation as to how and when the offer could be implemented. Ae 14 Ce" Arm /4 sdwi -Id /!'wt 5 Co. OP. �ylr�ent i �! /ieu o �' Pub /acids i � aSS6G�� d/ tY. p,�h�t, s�ivis �O dllJ9! /� I'�Gf1-O� 00t- 33 Ao wes �i�i ors J►e iAlf, R..7 Caa/oivEa/ On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that the letter from the Central & Nova Scotia • rust Company expressing 'the ' view that when a person sells one lot off his property, he s then classified as a' "d'eveloper ", which the company feels is unjustified and unreasonable hd should be reconsidered by the Common Council ',,'and"advising that the €ompany and the olicitors acting for the vendor and the purchaser in the sale of a lot /land owned by r. Walter to Norman Holtzman on Glenburn Court were not aware of the'provisions of the ommunity Planning Act or "the Subdivision-By -Law pertaining to single lots; and suggesting hat if the Planning Advisory Committee is enforcing such by- laws,it should be clearly tat "ed so that the general public and also real estate personnel should be better informed; nd asking that the requirement'that Dr. Walter pay an amount of $640.00 to the Council ' n lieu of setting aside land, regarding the said sub - dividing of his land on Glenburn ourt., be withdrawn - be referred to the -Planning Advisory Committee for a report and ecommendation. On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that the letter from Mr. and'Mrs. Lloyd ' cKay.of 33 Forest City Street outlining the problems they are encountering from water un -off from Partelow Street on to this property and requesting that'this situation be orrected immediately, be referred to'the City staff for a report. ' On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that the petition from residents and taxpayers f the.Henderson Road in Martinon, requesting thatthe "secondary roadway extending from ighway Number 102 (kno.wn "as th'e River Road) and continuing to a point adjacent to Highway umber 7 (known as the Martinon cut - off).be properly ugraded, including widening, ditching nd surfacing of the roadway, and included in the 1974 capital works programme, be • eferred to the Works. Department for a report and estimate of costs, and then referred o the capital budget. On motion of Councillor Murphy Seconded by Councillor Green P7e— ,ZO/7I/7� RESOLVED that the application from Mills Construction Ltd. for re- zoning of Lot 22 in Block 14 on Jack Street, to permit the construction of partment buildings thereon, be referred to the Planning Advisory Committee for a report bf'J®Pj /066. and recommendation. P /a�J�n• /715//x. On motion of Councillor Murphy ' Seconded by CCouricillor Gould RESOLVED that the application from Mr. Walter A. Beckett, submitted by his solicitor, Mr. George F. O'Connell, Q. C., for the re- zoning of his property at the Acamac Backland Road and the Martinon By -pass for various uses as shown on the submitted plan, be received and authority granted to advertise this proposed re- zoning. Councillor Kipping asked if there'is anything different in this current application from the application from Mr. Beckett that was recently dealt with by the Common Council, for the development of this land on the Acamac-Backland'Road. Mr. Zides made reply that he does not know. On motion of Councillor Kipping A&-XoO! %Pi Seconded by Councillor Green • RESOLVED that the above motion be laid on the table until the Planning Advisory Committeehas had an opprotunity to advise the Common Council on the said application. ����•���/ ?, Question being taken, the motion to table and to refer, was carried. On motion of Councillor Murphy A Seconded by Councillor Green / �G/7�/si iC• RESOLVED that the application made by Mr. Donald L. , Cullinan, solicitor for Mr. Ronald Hargrove, to have the mobile home permit granted to e"/I•A7a " Mr. Hargrove for placement of his mobile home on Lot 72 -3 of the Mitchell Carr property 1704ald/ L /�� _ at Lorneville, extended for another term, be referred to the Planning Advisory Committee K /7 MONe for a "report. ,�yy ///O f/� Xp/Ae On motion of Councillor Green A /W &N•Awrl/s' 07 P". Seconded by Councillor Kipping RESOLVED that the letter from Mrs. Elsa M. Johnston, aged eighty -three years, requesting that she 'be permitted to locate her mobile home for ' �+ o /�'A /, VZO%t at least another year to the rear of her- son's home on the corner of the Loch Lomond and Sproule Roads, be referred to the Planning Advisory Committee for a report. yj Ls�e�/ „ /Ot7J�e /j0/i! On motion of Councillor Murphy Seconded by Councillor Green ' RESOLVED that the letter from The Saint John District 7 !G?yelel�! abour Council requesting that the Common Council implement the traffic rotary on Rothesay venue, Thorne Avenue and Russell Street on a twenty -four hours per day basis, be referred L�oc«e!/ to the City staff for a report. • l�o�esair� Jgve, Councillor Kipping stated that he has been studying the above named traffic rotary 7;e m4 a 4to, in its full context and that he anticipates that he will have a report on it for the next Mu s go// .5;,ZL eeting of Council, having liaised on this matter with the City staff. A I 15 i I On motion of Councillor Murphy G(/a9prv+� Seconded by Councillor Green • �+�� RESOLVED that the letter from Mrs. Winnifred L. Jennings of 691 Chapel Street, Saint John West, advising that houses on this street are experiencing day.Ffe 2A0 a serious problem in being shaken by passing busses that are driven fast during rush hours `JBtsses 6 over the poor pavement on this street, which is resulting in detrimental effects on the houses on the street, and requesting-,that action be taken to solve this problem, be referred to the Transportation Committee for a report, and to the City staff for a report on the condition.of Chapel Street and the necessity of resurfacing it. �/F�Oi��DB7 On motion of Councillor Parfitt 'tiac' L'os�pA Seconded by Councillor Murphy nn RESOLVED that the City of Saint John grant up to (TOlei(�i� Ad $200.00 for a dinner to be held on April 9th, 1974 for approximately 50 Salvation Army eprjAeprju/q Cadets from all across' Canada, who will be coming on that date to work in the Maritimes: /v9�Olb`' AND FURTHER that the letter from Councillor Parfitt expressing the view that although oJntc7W�/ &� the above request does not come within the guidelines adopted by Council, the Common Council �7 should make this grant in view of the sterling service rendered by the Salvation Army in attendance at fires and other disasters, and noting that this is a very small recognition of their services to the community, be received and filed. On m6tion of Councillor Murphy Seconded by Councillor Davis RESOLVED that the letter from the Social Services Council of Greater Saint John, noting that this organization was conceived to enhance the quality of service offered to the community through a variety of organizations and that, to perform the task, funding has been sought from three.sources - the United Way, the City of Saint John, and the Province of New Brunswick (the Province requires commit- ment from the United Way and the City before agreeing to support the Social Services Council in the implementation of its plans), and outlining a proposal whereby the Social Services Council would undertake long -range planning based on action - oriented research to achieve its purpose and to benefit the community most; and advising that the United Way has agreed to support the proposal concept and is committed to pay twenty -five per cent of the budget for a one -year period with the expectation that continued funding will be forthcoming as /� the project develops, and that the United Way is aware of, and supports, this approach. (70m3p1� that is being made to the Common Council; and requesting that the Common Council of the f+0y /�/ e, City of Saint John provide twenty -five per cent, that is, $11,540.00, of the necessary of //off� funding as per the submitted budget, and that a representative or representatives of Common 114CeS LO Council accompany the Social Services Council in its approach to the Province of New ei/ oy� x, Brunswick for the Province's participation -- be received and filed and the City of Saint John make a grant not%.to exceed the sum of $11,540.00 to the Social Services Council of ,Greater Saint John for one year for the said project, at which time the matter will be re- ' YYdG� B viewed, and that this grant be contingent upon the said Social Services Council receiving ®yy����Gy twenty -five per cent of the budget for a one -year period from the United Way and the balance �/_7��� %7� from the Province of New Brunswick. ;Ppvg 92ow. The Mayor advised that at 9.00 a.m. on Saturday, March 23rd next, the Common Council 40Y /,w will review the applications for the position of Chief of Police. On motion of Councillor Murphy rp% //_, Seconded by Councillor Green �F/ 19, // a RESOLVED that the presentation and petition from /,fro residents of the Greendale Subdivision who request that the existing flooding situation b d! n the Subdivision be corrected by means of their recommendations, be referred to the Sig "Vpr" spiral Budget Committee for a recommendation. �J,OW4 g4a /@ • o�J6�� On motion of Councillor Murphy �ri� / �� W Seconded by Councillor Green RESOLVED that this meeting continue, in legal session. LEGAL si�vr sib Ztw 1 /ylayvr Further to Common Council legal session of January 14th, 1974 at which Councillors Vincent and Kipping were appointed a committee, with power to add, to notify the Irving nterests that it is the City's intention not to permit the reconstruction of a service tation at the Reversing Falls bridge site, Councillor Kipping reported that the committee as been unable, to date, to get in touch with Mr. Arthur Irving in this matter. The ommittee was asked to continue to endeavour to meet with Mr. Irving, and if it is not uccessful, to so inform the Mayor. On motion The meeting adjourned. 16 At a Common Council, held at the City Hall, in the City of Saint John, on Monday, first day of April, A. D. 1974, at 4.00 o'clock p.m. present • 'A. R. W. Lockhart, Esquire, Mayor Councillors Black,-Gould, Green, Higgins, Kipping, Murphy, MacGowan, Parfitt, and M. Vincent =or "m Messrs. N. Barfoot, Acting City Manager, R. Park, Commissioner of Finance, ' F. A. Rodgers, City Solicitor, J". C. MacKinnon, Assistant Director of Works Operations, C. Robichaud, Assistant Director of Works - Eningeering, M. Zides, Municipal Planning Director, R.'Thompson, Assistant Redevelopment Officer, R. Dhar, Supervisor of Inspection and Technical Services, A. Ellis, Building Inspector, H. McKay, Chief of Police, P. Clark, Fire Chief, C. E. Nicolle, Director of the Recreation and Parks Department, J. Gabriel, Assistant Director of Parks, D. French, Personnel Officer, D. Carter, Economic Co- Ordinator, S. MacDonald, Director of the Promotion Department, and F. Grass, Information Officer ' The meeting opened with a prayer which was offered by The Reverend Sheldon A. )raper, assistant pastor of Main Street Baptist Church. The Mayor welcomed to the meeting Mr. Peter Trites, a teacher at Simonds High ichool, who was accompanied by members of his class, and these students were also welcomed. On motion of Councillor Murphy tol Seconded by Councillor Green RESOLVED that the following resolution be adopted, 4% ?h AL'nd[l� namely:- F1� 3e "WHEREAS Fire Fighter Allan McNulty and Police Constable John Taylor did on the OA- 3th day of March 1974, rescue from the Rapids of the Reversing Falls a patient of the ' mod/ Provincial Hospital; AND WHEREAS the waters of the Reversing Falls have always been considered hazardous nd.unpredictable, the knowledge of this danger and the uncertain temper of the person they were attempting to rescue presented them with a real challenge: 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. THEREFORE BE IT RESOLVED that the Common Council of the City of Saint John, sitting 1f0066Oh in regular and formal session, commend Fire Fighter'Allan-McNulty and Constable John Councillor Higgins • ayl'or for their bravery and that Honour Certificates be presented to them and that the RESOLVED that the letter from the inutes of these proceedings become a permanent part of the records of the City of Saint Manager, advising John." ' �/��_"fp/' /%�� Councillor Murphy, the Council representative on the Management- Labour Relations the City's requirements for the year 1974, Harrison & Crosfield Ltd, have ommittee with.regard to the.Saint John Fire Fighters' Association, Local 771, presented advised that they are unable to supply, and Canadian Industries Ltd. have to Fireman Allan McNulty an Honour Certificate and a copy of the above citation. 1 'Woe, s Councillor M. Vincent, the Council representative on the Management- Labour Relations X-e ommittee with regard to the Saint John Policemen's Protective Association, Local 61, hen presented to Constable John Taylor an Honour Certificate and a copy of the said itation. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that minutes of the meeting of Common Council,* eld on March 18th last, be confirmed. Councillor MacG047an, who was absent from the March 18th Council meeting due to the act that she was in attendance in Ottawa on City business at that particular time, noted h'at she had asked that the Mayor present her regrets to that meeting that she was unable o be \present. It was noted that no objections were received to the proposal to close a portion of now Street, Saint John North-End. On motion of Councillor Murphy , Seconded by Councillor Green RESOLVED that the by -law entitled "A By -Law to Amend By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John lade Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments J TirLGd. �/ hereto with respect to the closing of that portion of Snow Street commencing at a oint approximately 165 feet easterly from its intersection with Old Adelaide Road, and S09OW X-4- xtending in an easterly direction the remaining portion of the street, containing an ' 6• rea of 1,725 square feet, be read a third time and enacted and the Corporate Common leal 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Black 1f0066Oh Seconded by Councillor Higgins • We RESOLVED that the letter from the Acting City Manager, advising that in response to a request for quotations from two suppliers of liquid �/��_"fp/' /%�� chlorine to supply the City's requirements for the year 1974, Harrison & Crosfield Ltd, have �yj8 Lir /c9O7 advised that they are unable to supply, and Canadian Industries Ltd. have submitted a bid 1 'Woe, s X-e , I 17 70-�P_ Seconded by Councillor 4d �p the tender of .the low bidder, ly accepted for the construction Committee having approved of Cost sB �a/ait�. Green RESOLVED that as recommended by the Acting City Manager, namely, Goodyear Paving Ltd. in the amount of $671,856.00 be of the Courtenay Bay causeway eastern approaches, the Liaison the said recommendation. On motion of Councillor Murphy of $12.40 per 100 pounds, which includes delivery of chlorine to the City pumping stations Seconded by Councillor Green and the return of the empty cylinders, and this firm has also included the following conditions • in its bid, "The seller may increase its reprices hereunder on the first day of each calendar RESOLVED that as per the recommendation quarter upon giving written notice to the bu7er at least fifteen (15) days in advance. Such increased prices sball be deemed to be accepted by the buyer unless, before the effective Manager, approval be granted for payment of the following date of such increase, the buyer notifies the seller to the contrary, whereupon the seller •�� —�0zi As shall have the option of terminating forthwith this contract on such effective date or of and appaved invoices for Engineering Services in have been undertaken the Department Regional Economic continuing deliveries thereafter at the same price and under the same conditions as before. ", and recommending that the above noted bid of Canadian Industries Ltd. to supply liquid chlorine under of under the terms and conditions outlined above be accepted -- be received and filed and the A/ 4o�a recommendation adopted. On motion of Councillor Murphy Seconded by C ouncillor Higgins Western Residential Area Collector Sewer RESOLVED that the report of the Fire Department for �'2�p16 the month of February, be received and filed. (a) Supply and install 36 -inch sanitary sewer Councillor Parfitt noted that the above report reveals that there were 241 alarms during February, 45 of which were bell alarms, and that of this total there were 37 false L°..l� alarms, 32 of which were bell alarms. She asked if the bell alarm system is becoming �� obsolete, as the figures would suggest that the system is attracting a majority of false Total value of contract alarms. She expressed interest in learning the cost of maintaining the bell alam system. Councillor Murphy noted that the above named departmental report now includes a Total work done, Estimate Number 4 monthly report concerning fires attended by the Salvage Corps and Fire Police, thus giving recognition to the excellent voluntary service rendered to,the City by these citizens. Retention He also noted that the Fire Department report preparation is participated in by the Deputy Fire Chief whose signature appears in the report, while the Fire Chief submits the entire Payments previously approved report under his own signature, and he felt that this practice is a good method of boosting ' staff morale. • Councillor MacGowan also expressed gratification that the information pertaining to March 27, 1974 the Salvage Corps and Fire Police monthly duties is included in the Fire Department monthly report to Council, which calls attention to the fine voluntary work of this organization. Councillor Green referred to the details contained the the said report regarding the SF/9SSO�Sf� operations of the Rescue Squad during February. (b) W. H. Crandall & Associates On motion of Councillor Black ' Seconded by Councillor Murphy Engineering Services RESOLVED that in accordance with the recommendation of /a ! the Acting City Manager, approval be granted for payment of the invoice from Canron Ltd. Gee (/ca1N&1 in the amount of $2,193.04, for the purchase of one 6 -inch off 16 -inch and one 8 -inch off 16 -inch tapping saddle and gate valve for the Water and Sewerage Department. Sums recommended for payment, Invoice Number 3252, On motion of Councillor Murphy 70-�P_ Seconded by Councillor 4d �p the tender of .the low bidder, ly accepted for the construction Committee having approved of Cost sB �a/ait�. Green RESOLVED that as recommended by the Acting City Manager, namely, Goodyear Paving Ltd. in the amount of $671,856.00 be of the Courtenay Bay causeway eastern approaches, the Liaison the said recommendation. On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that as per the recommendation of the Acting City Manager, approval be granted for payment of the following construction progress •�� —�0zi As certificates that and appaved invoices for Engineering Services in have been undertaken the Department Regional Economic connection with projects Expansion under of programme: - A/ 4o�a 1. Western Residential Area Collector Sewer (a) Supply and install 36 -inch sanitary sewer Gaspe Construction Ltd. Total value of contract $ 325,580.00 Total work done, Estimate Number 4 233,874.70 Retention 35,081.20 Payments previously approved 170,820.64 ' Sum recommended for payment, Certificate Number 4, March 27, 1974 $ 27,972.86 SF/9SSO�Sf� (b) W. H. Crandall & Associates Engineering Services Payments previously approved $ 49,,844.02 Sums recommended for payment, Invoice Number 3252, March 22, 1974 $ 1,623.17 / Invoice Number 3253, 'i:OPG9Brf/��G� ��•�du w March 22, 1974 $ 5,824.68 az 2. Lorneville Western Industrial Water Supply _!r Godfrey Associates Ltd. 77� Engineering Services Payments previously approved $108,002.49 Sum recommended for payment, Invoice Number 5111, February 28, 1974 $ 452.62 ._L,Gl,d,.__/?i� 3. Residential Land Bank - External Services " •K/ New Brunswick Housing Corporation Construction of external sewers ��•� Total value of contract $ 118,142.00 Total work done, Certificate Number 6 115,894.00 Retention 5% 5,794.70 Sum recommended for payment, Estimate Number 6, March 6, 1974 $ 17,196.90 Is Seconded by Councillor Green RESOLVED that in accordance withthe recommendation of the Acting City Manager, authority be granted for payment of the following construction I On motion of ounce or Murphy l Ca7�i Seconded by Councillor Higgins annual conference in Saint John on April 29th and 30th and has requested a civic luncheon, /ZL4��6Lf RESOLVED that as per the recommendation of the • f Acting City Manager, the following construction progress certificates be paid on contracts n /7ivBp�a for the projects included in the Capital Budget: - �p T '� /Y �I;waSA6 Common Council for confirmation or variation, be received and filed and approval be granted for Millidgeville Arena Soil Investigation Sq'ijeez�!/ C'oscoi- y~111e� WW IP.�bt' Warnock Hersey International Limited JJ On motion of Councillor Black W-RA.- Engineering Services Seconded by Councillor Murphy ,1 Ohf_/ Zv_ Payments previously approved Nil the Acting City Manager, the week of April 29th to May 3rd, 1974, inclusive, be set aside Sum recommended for payment, Progress Estimate Number 1, as Clean -Up Week for the City proper (which is served by.City vehicles and one contractor), March 5, 1974 $ 1,160.00 ( !;~ss 4ld°7AV 2. Greendale 48 -inch Storm Sewer ' Wj(/, / Sewerra0atw) Supply and install 48 -inch storm sewer Chitticks (1962) Ltd. On motion of Councillor Murphy , Total value of contract $ 88,102.00 ` Total work done, Estimate Number 2 23,561.80 authority be granted for paym nt of the 424 bills for 1974 real property taxes on City- Retention 3,534.27 Payments previously approved 8,776.08 4,res qc and that appeals be authorized against two bills relating to Water Department property Sum recommended for payment, Certificate Number 2, / not included in the above noted 424 bills) on which the w1uations have been increased March 22, 1974 3. Simonds Vocational School $ 11,251,45 ' tea, d //1f0Iccl�S �OL°. Simpson Construction • (a) Ltd. dB�j00� Construction of swimming pool �k/ /Ib�/►f1i3/� 00� Total value of contract $319,250.00 Total work done, Estimate Number 8 309,760,50 Retention t 46,464.07 Payments previously approved 229,089.45 Sum recommended for payment, Estimate Number 8, March 12, 1974 $ 34,206.98 • (b) Stanley Emmerson Associates Engineering Services �7ta/i�Cl, Payments previously approved $ 20,217.16 �ill/l966,S•G�� Sum recommended for payment, Estimate Number 6, February 26, 1974 $ 2,665.84 On motion of Councillor Gould Seconded by Councillor Murphy RESOLVED that as recommended by the Acting City a /�y��e Manager, authority be granted to purchase a diesel engine with housing and necessary J/ parts from Seaboard Diesel, Dartmouth, N. S., in the amount of $5,500.00, for replace- ment of the existing gas engine in Number 22 pumper of the Fire Department. ' On motion of Councillor Black -A _Z Fi0•e 1e Seconded by Councillor Murphy RESOLVEDthat in accordance with the recommendation of the Acting City Manager, the low_ quotation received, namely, that of Imperial Industries Ltd., for supplying and installing metal shelving in thenew extension of �dEe� the Rothesay Avenue stockroom, in the amount of $3,530.88, F.O.B. Montreal, plus Provincial Sales Tax, be accepted. LL/yB5 /�j� On motion of Councillor Murphys Seconded by Councillor Green RESOLVED that in accordance withthe recommendation of the Acting City Manager, authority be granted for payment of the following construction I Seconded by Councillor Higgins l RESOLVED that the letter from-.the Acting City Manager, advising that the New Brunswick Industrial Safety Council is holding its eleventh • annual conference in Saint John on April 29th and 30th and has requested a civic luncheon, nn OrwP7•/- and that the Safety Council's application for financial ass�tance in the total amount of $450.00 is not eligible under the policy, laid down by Council resolution of March 14th, 1972 for convention assistance grants and that this application is therefore referred to �p T '� /Y �I;waSA6 Common Council for confirmation or variation, be received and filed and approval be granted for the City to pay up to $450.00 towards the said civic luncheon, Sq'ijeez�!/ C'oscoi- JJ On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that in accordance with the recommendation of the Acting City Manager, the week of April 29th to May 3rd, 1974, inclusive, be set aside as Clean -Up Week for the City proper (which is served by.City vehicles and one contractor), that the week of May 6th to 10th, 1974 be set aside as Clean -Up Week *for the rural areas, and that the week of May 13th to 17th, 1974 be set aside for the pick -up of automobiles, and that the Fire Department, Building Department, Promotion Department and the Sanitation Department co- ordinate their efforts in order to make the said Clean -Up Weeks a success On motion of Councillor Murphy , Seconded by Councillor Green ' RESOLVED that as recommendedby the Acting City Manager, authority be granted for paym nt of the 424 bills for 1974 real property taxes on City- owned properties as submitted We Commissioner of Finance, in the total net amount of $192,721.86 (that is, gross tax total of $195,267.31, less total discount amount of $2,545.45) 4,res qc and that appeals be authorized against two bills relating to Water Department property / not included in the above noted 424 bills) on which the w1uations have been increased �A V/S [� from $7,880. and $84,200. to 316,000. and $201,800., respectively between 1973 and 1974. On motion of Councillor Murphy • Seconded by Councillor Green RESOLVED that in accordance withthe recommendation of the Acting City Manager, authority be granted for payment of the following construction I r ppo� Soh s 19061 Atde_ ,Cease ;F104V1eA_1? �dkLGo %S� BGL�cat� oSOCICi �DQ" Ilprogress certificate on a contract for the project included inthe Capital Budget:- Tourist Bureau Extension John Flood & Sons (1961) Ltd. Total value of contract Total vlue of work done Deductions, as per agreement Net value of work done Amount previously approved Sum recommended for final payment, Invoice Number 6630, March 29, 1974 OTE: Deductions are the following: 1. Contractors share of rug 113 s.y. @ $4.50 2.-Contractors share of Chandelier Amount to be paid to Mr. G. Maniatis, Managing Director of Riviera Restaurant 3. Contractor to City for landscaping work done by City forces Therefore, TOTAL DEDUCTIONS On motion of Councillor Murphy $ 55,000.00 55,000.00 1,775.54 53,224.46 51,700.00 $ 1,524.46 $ 508.50 850.00 $ 1,358.50 417.04 $ 1,775.54 19 Seconded by Councillor Green RESOLVED that the letter from the Acting City,Manager advising that the Riviera Restaurant Ltd., whose lease with the City of Saint John of L966, covering the premises situated .adj'acent to the Reversing Falls bridge, at the present Reversing Falls tourist bureau, runs to Qtober 31st, 1978, has now requested that the present lease be extended with some additional amendments, as follows:- (1) that the present lease De extended for a period of ten years from the date of expirationof the present Lease; (2) that the yearly rental be calculated on the same basis as the present Lease with an added provision of an annual rental of $6,000.00 or the calculated rental, whichever is the greater; (3) that the Lessee keep the restaurant open for public business during the period from May to October in each year and that the Lessee be permitted to keep the premises open for public business at other times during the year as he may select - and further advising that the said third amendment permits the Lessee to have the restaurant open for public business year round if the demand exists and he so wishes, and that the foregoing has been the subject of dis- cussions between the City, the Tourist and Convention Promotion Committee, and the Lessee - and recommending that the foregoing changes be adopted and referred to the City Solicitor for incorporation into amended Lease form and that the Mayor and cCommon Clerk be authorized to execute the Lease document -- be received and filed and the recommendations adopted: AND FURTHER that copies of the said executed Lease document be supplied to the Council mbers for their information. Councillors A. Vincent and Cave entered the meeting. On motion of Councillor Murphy Seconded by Councillor M. Vincent - RESOLVED that the letter from the Acting City Manager submitting for the information of Council a copy of a report from Fire Chief Percy A. Clark concerning the recent announcement by The Honourable Rodman Logan, Minister of Labour �75 -7 Yl A of New- Brunswick, to the effect that Fire Fighting has been designated as a trade, which is �gf f �9 a first for Canada, and will lead to certification of Firefighters by the Industrial Training ��Yyyl- -� and Certification Board, and noting that Chief Clark and his Committee are to be commended .CP7W,ff$g$-!;? for their efforts in achieving this milestone, be received and filed. �it�igior.� �- ��i� On motion of Councillor Murphy Seconded by Councillor MacGowan RESOLVED that approval be granted for payment of the nvoice from Kates, Peat, Marwick & Co. in the amount of $3,082.00, covering professional ees and expenses that have been incurred to February 28th, 1974 in conducting on behalf of he City of Saint John the search for a City Manager for Saint John: AND FURTHER that the letter from the said consultants, dated March 21st, 1974, ubmitting a progress report in their search for a City Manager for the City of Saint John, e received and filed. On motion of Councillor Murphy Seconded by Councillor MacGowan RESOLVED that authority be granted for payment of the nvoice from Kates,'Peat, Marwick '& Co. in the'-amount-of $3,092.00, this being the second nvoice, for professional fees and expenses incurred in providing consulting services in he period February lst to 78th, 1974 regards :ng the professional 'search assignment of these onsultants to find a Chief of Police for the City of Saint John: AND FURTHER that the letter from the said consultants, dated March 18th, 1974, outlining he progress to that date in the above matter, and the final duties of the consultants follow - ng selection by the Common Council of the individual for the'said position of Chief of Police, e received and filed. On motion of Councillor Murphy le.? re �� Seconded by Councillor Green •RESOLVED that the Mayor and Common Clerk be authorized C' to execute on behalf of the City of Saint John the Lease Agreement dated September 4th, 1973 cc --�� K• between the Canadian Pacific Railway Company and the City which grants to the City permission to construct and maintain a pipe crossing for the Milford - Randolph - Greendale Collector Sewer on the said Company's right -of -way property located at Mileage 3.02, McAdam Sub - division, and %i/a6i.o/n /nab_ 084p..J e641ee 9C) "Ole- n which the City. agrees to pay the Company the sum of $100.00. per annum for such permission. Read report of the Committee of the Whole • (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports (iOiriP99/ Your Committee begs leave to report that it sat on March 18th, 1974, when there ' were present the Mayor and Councillors Davis, Gould, Green, Kipping, Murphy, Parfitt and 4. Vincent, and your Committee begs to submittthe following report and recommendations, lamely:- /%7ep1LS� 6�•� I9 %3 0 feL �wArl5p7ewts. That in accordance with the recommendation of the Acting City.Manager, the Economic Proposed Existing Development structure as indicated in the basic organisational. chart, dated March 8th, Saint John :'_r$r,15;,00 974 be adopted, and as further recommended by the Acting City Manager, the City advertise to Renforth immediately to fill the post of the Executive Director of Economic Development: ( ".27.00) , ��OPh7l.°h t Qj� /py AND FURTHER that as requested by the Acting City Manager, authority be granted to ' Gog�gt continue negotiations with the Province of New Brunswick for the take -over of McAllister Rothesay JXe01010m./CG°opi, and Spruce Lake Industrial Parks. for .Zelopme,07e 2. That the letter from the Acting City Manager, dated March 8th, 1974, reporting on (no standard) Ave. 6tpyt results of communication held by him with the various municipalities contiguous to Saint other areas 35.00 st- John, with a view to having them share,'in the 19.73 deficit for the ambulance services, that specifications be drawn up by �+���.c��e nd that a meeting was held March 8th with representatives of the Saint John General Hospital L �?o � to discuss services required to conform with the said results, to consider a new user rate tenders for the supply of a replacement vehicle tructure for areas serviced, and to agree on the method to be used in acquiring a replace- called ent vehicle for which -funds were reuqested of the City in 1973 but not provided, and stat- -- be received and filed and the ing that in agreement with the administrators of the said Hospital he recommends: - (a) that officials of the Municipalities, namely, the villages of St. Martins, Grand Bay �/ /cR4'1De and Westfield and Quispamsis, Gondola Point and Fairvale, be informed that ambulance service �lA7!/i will not be supplied them in 1974 by the City of Saint John, and that ambulances of our LL Sep% yVte5 service will proceed only to the municipalities, namely, the villages of East Riverside - Kingshurst and Renforth, and the Town of Rothesay, and that other calls outside the City limits will not be made, except for those required for highway accidents (limited to the far boundaries of Hampton, Petersville, St. Martins and Lepreau); (b) that a new user rate structure be- adopted, as follows (the existing rates are shown in brackets): /%7ep1LS� 6�•� I9 %3 0 feL �wArl5p7ewts. That the Common_Council approve the principle of the City of Saint John guaranteeing capital loan of up to $100,000.00 for major capital renovation work on the Millidgefield partment buildings of First L.D.H. Ltd. (this work consisting principally of .replacement f nine roofs which have been a major maintenance problem): • AND FURTHER that the letter from First L.D.H. Ltd, dated March 15th, 1974, reporting operations for 1973 of the said Millidgefield apartment buildings, be received and filed. Lst April,. 1974, ;aint John, N.B. On motion of Councillor Murphy Respectfully submitted, (sgd.) A. R. W. Lockhart, C h a i r m a n. Seconded by Councillor Green RESOLVED that section 1 of the above report be adopted. In reply to Councillor Gould's question as to theeffective date of the discontinuing of the ambulance service to the various communities referred to in section 2 of the above report, Mr. Barfoot advised that this will be effective upon the Council's adoption of the said section 2 of the report. Councillor Gould made the suggestionthat these communities be informed in writing of the date this service will be discontinued, and that perhaps the said date be May 1st, 1974. Mr. Barfoot stated that in correspondence with the City, these communities have indicated they have no interest in participating inthis service. He further stated that the City will gi -ve them reasonable time in which to cut off the service, finally. Councillor Kipping discussed the basic organisational chart with reference to section 1 o the Committee of the Whole report, explaining that it has occureed to him that some of theposition titles might not do what the Council wants them to do, in other parts of the world, and that he was thinking particularly of the title "Assistant Director of Port Promotion'•.'. He noted-that there is no "Director of Port Promotion" under this particular • organization and that when.the incumbent of this position goes overseas to promote the port he should have as good, important and as strong a title as we can given him, and he therefore believes that the word "Assistant" should be taken out of this title, and that I Proposed Existing Within Saint John :'_r$r,15;,00 ($ 10.00) to Renforth 27.00 ( ".27.00) , to .East Riverside - Kingshurst 30.00 ( 29.00) to Rothesay 32.00 ( 25.00) for highway accidents in other areas 35.00 (no standard) for the return home of bed patients to other areas 35.00 (no standard); (c) that specifications be drawn up by the City's Purchasing Agent in co- operation with the . hospital administrators, and that tenders for the supply of a replacement vehicle be called -- be received and filed and the said recommendations adopted. That the Common_Council approve the principle of the City of Saint John guaranteeing capital loan of up to $100,000.00 for major capital renovation work on the Millidgefield partment buildings of First L.D.H. Ltd. (this work consisting principally of .replacement f nine roofs which have been a major maintenance problem): • AND FURTHER that the letter from First L.D.H. Ltd, dated March 15th, 1974, reporting operations for 1973 of the said Millidgefield apartment buildings, be received and filed. Lst April,. 1974, ;aint John, N.B. On motion of Councillor Murphy Respectfully submitted, (sgd.) A. R. W. Lockhart, C h a i r m a n. Seconded by Councillor Green RESOLVED that section 1 of the above report be adopted. In reply to Councillor Gould's question as to theeffective date of the discontinuing of the ambulance service to the various communities referred to in section 2 of the above report, Mr. Barfoot advised that this will be effective upon the Council's adoption of the said section 2 of the report. Councillor Gould made the suggestionthat these communities be informed in writing of the date this service will be discontinued, and that perhaps the said date be May 1st, 1974. Mr. Barfoot stated that in correspondence with the City, these communities have indicated they have no interest in participating inthis service. He further stated that the City will gi -ve them reasonable time in which to cut off the service, finally. Councillor Kipping discussed the basic organisational chart with reference to section 1 o the Committee of the Whole report, explaining that it has occureed to him that some of theposition titles might not do what the Council wants them to do, in other parts of the world, and that he was thinking particularly of the title "Assistant Director of Port Promotion'•.'. He noted-that there is no "Director of Port Promotion" under this particular • organization and that when.the incumbent of this position goes overseas to promote the port he should have as good, important and as strong a title as we can given him, and he therefore believes that the word "Assistant" should be taken out of this title, and that I r E n LJ 21 he position should be given the title "Director of Port Promotion'-'. The Council members greed that there would be no problem in using the title suggested by Councillor Kipping or this position. Regarding the position of "Executive Director "ofoEcouomicc'Development'_',; ouncillor Kipping noted that the incumbent of this position is the key man, and stated that t has been pointed out to him that the title "Executive Director" sometimes does not carry he weight in other parts of the country, or the world, and other organizations, that this articular positon should carry. It is suggestion that the position be entitled "Chief xecutive Officer - Economic Development ", so that when the incumbent goes somewhere he is he chief executive officer for economic development for the City of Saint John. The Mayor ointed out to Councillor Kipping that the titles can be changed at any time, and that what he Council was establishing at this time was the policy that will be followed, concerning he structure of the department. The Council members concurred in this point. On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that section 2 of the above report be adopted. In reply to Councillor MacGowan's question as to whether the communities that are to still receive our ambulance service, mentioned in the said section 2 of the report, are contributing to the financial up -keep, Mr. Barfoot advised that all the municipalities so nentioned are contributing to the City's share of the deficit on this service. Councillor �SacGowan asked if the Provincial Hospital Plan looks after any of these, and the Mayor replied that it is the Provincial policy to provide ambulance service from now on, across the province. In reply to Councillor MacGowan's question as to whether such service will be provided in Saint John, Mr. Barfoot stated that he believes it is under further study by the Pkovihce, but no date has yet been set for the adoption of any policies; therefore, the arrangement outlined in the said section 2 of the report is a means of providing the service at least this year. Councillor MacGowan asked if the Province will be. providing ambulance service for the communities the City is dropping, or will the Province be paying some contribution towards the up =keep of the ambulance service in our area. Mr. Barfoot replied that he believes that the action taken by other municipalities has been to arrange their own ambulance service. 11 On motion of Councillor Cave Seconded by Councillor Murphy RESOLVED that section 3 of the above report be adopted: AND FURTHER that the said report be received and filed. - On motion of Councillor Murphy Seconded by Councillor Cave r TC�. RESOLVED that the letter from Mr. George T. Clark, Q. C., Senior Legal Counsel, submitting the final draft of amendments to the City of Saint John T Pension Act, approved by the Board of Trustees, further to the draft copy of such amendments /� pS /dz� which he had presented to Common Council at its meeting held on March 4th last at which time Xa;Ops%opq %/OC the Council granted approval for the Legal Department to proceed with presenting the proposed ��eg��77efy Bill in this regard at the present session of the Legislative Assembly, be received and filed and Mr. Clark and the City Solicitor be authorized to present-this Bill as detailed, for amendment of the City of Saint John Pension Act, to this session of the New Brunswick Legislative Assembly. Councillor Murphy expressed the view that the date for retirement of the employees hould be the actual birth date of the employee. On motion of Councillor Murphy Seconded by Councillor Higgins G7.4 /odi AW RESOLVED that the letter from the Board- of Trustees • /�P' %R?A�@q of the Civic Employees' Pension Plan, advising that . the following employees will reach compulsory retirement age in 1974, namely:- Harris McKnight on July 1st, 1974 (Street epartment); Douglas W. Spencer on December 31st, 1974 (Recreation and Parks Department), fii be received and filed. %Cep+ C.4e., e employees ov. SPwi'e e O°eNO .4ge4 O� -' Fir7a 5'aaf -o7eab'ts °d- 9hi7d2cr7 ?p� opt /�7. a7sjop, ON ' /ice- .ZOiI//.7 6.914 f.Cahs— i6-7Mns- Wvwpie -Vve w ow,40 L J Fodr02��r ��io/^ Councillor Murphy asked what is the status of the practice of recognizing years of ervice of civic employees by 'a gift or a dinner. The Mayor replied that it was a custom, nd he believes it to be a good one. He added that he believes that an appropriate nnouncement in thismatter will be coming up in due course. On motion of Councillor Gould Seconded by Councillor Murphy RESOLVED that the annual report for the year 1973 Dm the Board of Trustees of the Civic Employees' Pension Plan, together with Financial tatements and a Statistical Summary for the year 1973, be received and filed. On motionof Councillor Murphy Seconded by Councillor Cave RESOLVED that the recommendation contained in the letter ated March 28th, 1974 from the Planning Advisory Committee be adopted, regarding advertising o re -zone 62 and 64 Lansdowne Avenue for the proposed Woodhouse Limited relocation furniture utlet, and to re -zone the properties known as 66, 68, 70, 72, 74 and 76 Lansdowne Avenue for he same use, and the re- zoning of these properties pursuant to Section 39 of the Community lanning Act tying the proposed development of the plans described in the Committee's letter f March 13th last to Council. Mr. Zides explained that the above named company intends to acquire a property on ne side of the block of properties that have already been advertised for re- zoning, nd to drop the smaller property in this block of properties, which will result in the ompany having a frontage of about 35 more feet than the original proposal. The Common.:_ lerk advised that just prior to this meeting of Council, he received a new re- zoning 22 Aowrpl-A �C/000. ho1din fs.Cew- - Derloeraew lifl/a�s�B47 / /7� 61"170-#7 aSt_ Re-.z o S.40.,P- ` ee- %1/o/�j�LO47 x-007 - /i/O/+ya 13.9"6 -IW%v application from the New Brunswick Telephone Company, Limited, who are representing Woodhouse Limited, in which the re- zoning of 62 -64 Lansdowne Avenue to "B -2" General Business (furniture outlet) classification is requested. Discussion ensued regarding • the question as to whether the advertising which is presently taking place for re- zoning of 66 -80 Lansdowne Avenue, inclusive, should be proveeded with and the necessary amendment made to the Zoning By -Law on the appropriate number of properties therein for this company, and the re- zoning of 62 -64 Lansdowne Avenue be proceeded with separately, which would mean a saving in time; or, to advertise all the properties for Woodhouse Limited's proposed furniture outlet premises as a block, at the one time. It was noted that even with separate advertising of 62 -64 Lansdowne Avenue there would be a delay in the approval required for the project because the final building plan will be somewhat different than the original plan because they have more land to work with and a building permit cannot be obtained until the re- zoning for 62 -64 Lansdowne Avenue is completed. Mr. Zides , suggested that action on advertising of re- zoning of 62 -64 La�iowne Avenue be deferred until we can ascertain as soon as possible from the New Brunswick Telephone Company, Limited just what Woodhouse Limited is going to do with 78 -80 Lansdowne Avenue. Councillor Gould suggested that in open session of Council later this evening, the Council again consider this matter and in the meantime the City staff look into it and clarify it for the Council members. The Mayor, in concurring in this suggestion, stated that as he understands it, the 'company's proposal is based on the original parcel of land that it had, and that the company has since acquired additional land and has proposed a better use of the land. ' On motion of Councillor Black Seconded by Councillor Gould 9 RESOLVED that the above matter be deferred until later in this meeting and, in the meantime, the Council obtain some definite information pertaining to the proposed re- zoning. Question being taken, the motion to defer was carried. The Common Clerk stated that the necessary advertising took place regarding • the proposed enactment of a Deferred Widening By -Law relating to Waterloo and Union Streets, and that no objections were received in this connection. No persons were present to offer comments pertaining to this proposed by -law. On motion of Councillor Murphy Seconded by Councillor Higgins RESOLVED that the by -law entitled "A By -Law Respecting Deferred Widening Under the Authority of The Community Planning Act" be read a first time. Read a first time the by -law entitled "A By -Law Respecting Deferred Widening Under the Authority of The Community Planning Act ". On motion of Councillor Murphy ' Seconded by Councillor Green RESOLVED that the by -law entitled "A By -Law Respecting the Deferred Widening Under the Authority of The Community Planning Act" be read a second time. Read a second time the by -law entitled "A By -Law Respecting Deferred Widening Under the Authority of The Community Planning Act ". The Common Clerk advised that with regard to the request made by Mr. and Mrs. Prank R. Short for re- zoning of their property at 126 Bridge Street, and for the re- zoning of 13, 17, 19, 23 and 33 Main Street and 116, 118, 120, 124 and 126 Bridge Street, advertising was made of these properties and no objections were received in connection • with the proposed re- zoning. On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of-The City of Saint John and Amendments Thereto" insofar.as it concerns re- zoning properties at 13, 17, 19, 23 and 33 Main Street and at 116, 118, 120,124, and 126 Bridge Street from "RM -1" Multiple Residential district to "B -1" Local Business district, be read a first time. Read a first time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning properties at 13, 17, 19, 23 and 33 Main Street and at 116, 118, 120, 124 and 126 Bridge Street from "RM -1" Multiple Residential district to "B -1" Local Business, district, be read a second time. Read a second.time the by -law entitled "A Law to Amend the Zoning By -Law of The City of-Saint John and Amendments Thereto ". On motion of Councillor Gould J Seconded by Councillor Green RESOLVED that the letter from Manford M. Thompson • Construction Co., Ltd., offering to give to the City of Saint John the beach lot in Morna Heights Sub-division on Bay Crescent Drive, which has a frontage of 300 feet on the water, in exchange for Lot 15 which is City -owned and a parcel of land shown on the plan as "land for public purposes ", and advising that Mr. J. Gabriel, Assistant Director of Parks last I I • n LJ pno'. AU& /�a pnD Lot . 06vid eft - char,�e ,5"46- 40tl JN A%?"-Joe J i� /d, TgorhylS�M ,�4e ct7�7L°l9dsD� ,✓��LtY"iY �C IT�Js7 ®079 /t'la6t /e ,�OJ'99a° �f9Ok3 /�i �yoOA�� .F /sa A/ / p BNe3 �EOLI. Ti�,rss� f °o, Am &6/%` j�y�hyec�lJ �ocdfi /ic RAC 47 0'lOSe at i P7 17��ot. JP7lpi. �f4WJI? V do?°S wig o% b November examined the said beach lot and agreed that it would be better suited as land for public purposes as it has a larger beach, be received and filed. On motion of Councillor Gould Seconded by Councillor Murphy RESOLVED that the letter from the Planning Advisory Committee in the matter of the request made by Manford M. Thompson Construction Co., Ltd. for an exchange of land in the Morna Heights Sub - division, advising that the sub - division is located on Bay Crescent Drive in Morna and was approved by the Planning Commission on June 12th, 1972 at which time Lot 15, containing 15,500 square feet, a 20,500 square foot parcel of land and a 12,000 square foot parcel containing the sewage treatment plant were set aside as land for public purposes, as shown on the submitted plan; that alongside this sub - division is a lot containing 24,500 square feet which Mr. Manford Thompson has now acquired, and that Mr. Thompson would exchange this land plus the narrow parcel he also owns adjacent to the 24,500 square foot parcel, for.Lot 15 and the 20,500 square foot parcel adjoining the sewage treatment plant site; that the Planning Department consulted with the Recreation and Parks Department which would agree to such a transaction.as the particular property is more desirable for such public purposes as a beach usage and natural park or waterfront land than the land now held by the City in Lot 15 and the said 20,500 sgiare foot parcel; that the Planning Advisory Committee would have no objection to the Council arranging with Mr. Thompson an exchange of lands, and that it would be desirable if the exchange was implemented by an amendatory sub- division plan so as to properly vest title to the new parcel and beach front in the City and to designate the lands to be exchanged therefor as lots within the sub - division -- be received and the recommendation approved and that the negotiations be carried on and referred to the Land Committee, together with an amenda- tory sub - division plan. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that the letter from the Planning Advisory Committee to whom was referred the application from Judith 1. Ganong and Paul D. Ganong for a renewal of permission for the mobile home located,on Mrs. Ganong's father's lot on Grandview Avenue for the year 1974, advising that a visual.inspection.indicated that a well painted fence has been placed,ar,ound the back and sides of this mobile home, that it is skirted and, in general, has a good appearance, and that the Committee recommends renewal of the permit for 1974, be received.and filed,and the.recommendation adopted. On motion of Councillor Green Seconded by Councillor. M. Vincent _ RESOLVED.that the letter from the Planning Advisory Committee recommending that the following applications for renewal of a permit to locate mobile homes for 1974 be approved, namely:- (1) that made by Mr. Donald L. Cullinan, on behalf of his client, Mr. Ronald Hargrove, for extension for another term of the mobile home permit for placement of his mobile home on Lot 72 -3 of the Mitchell carr property at Lorneville; (2) that made by Mrs. Elsa M. Johnston for extension for another term of the mobile home permit for placement of her mobile home to the rear of her son's home on the corner of the Loch Lomond and Sproule Roads -- and noting that permission for both these mobile homes was given by Common Council on compassionate grounds and that these grounds appear to be still existing in these two cases -- be received and filed and the recommenda- tions adopted. On motion of Councillor Murphy Seconded by Councillor Higgins RESOLVED that the letter from the Planning Advisory Committee recommending that the request made by Central and Nova Scotia Trust Company thatthe Common Council withdraw its requirement that Dr. Walter pay an amount of $640.00 ,in lieu of setting land aside for public purposes in.a sub- division,.be denied and that the Common Council continue its policy on requiring money in lieu of land for public purposes in sub - divisions creating one or more new lots where, in its opinion, the land required to be set aside would be useless or land is not required for such purposes-at that location -- ,and explaining the Committee's reasons for making the aforegoing recommendation -- be received and filed and the recommendation adopted. ' On motion of Councillor Murphy Seconded by Councillor Cave I RESOLVED that•the,letter. from the Planning Advisory Committee . drawing to the Council's attention for action the immediate need for secondary planning /tRe City of Saint John which would involve'a planning team to consist of two senior planners, an assistant'planner (both with design and /'or neighbourhood planning 'experience), and a planning technician or graphic draftsman, with some staff assistance from the Planning Department's drafting and secretarial staff - and recommending that the Common Council authorize the establishment of and budget for a four -man secondary planning team consisting of two senior planners, a junior planner and a planning technician, effective July lst, 1974, be referred to Committee of the Whole and to the committee on budget. Councillor Cave suggested that this matter be tabled and discussed in Committee of the Whole this date, and then be disposed of in open session, following Committee of the Whole. Question being taken, the motion was carried with Councillor A. Vincent voting "nay ". He stated that he would like more time in which to study the above matter than in Committee of the Whole at this particular time. i On motion of Councillor- Murphy Seconded by Councillor MacGowan RESOLVED that the letter from the Planning Advisory Committee with reference to the detailed report about tax rates which was submitted to 24 /�%�J/Y Council by Councillor Davis and which the Council referred.to the Committee, noting that /TdV /S 004"%Y7. commercial and governmental properties which are presently in the Outer Tax Zone were taxed at the full rate, and the amount of this effect would depend on the value of these �OIC/7d properties especially as development occurs in the industrial areas which are presentl y • /�OI+ in the Outer Tax Zone, which includes Lorneville and Spruce Lake industrial areas in the west and part of the area designated for industrial parks in the east; that subsequent 1 Tx to this the Acting City Manager reported to Council that the implications of Councillor a°�6 Davis' suggestions have been studied by City staff who concur that Lorneville and Spruce .Z VA76s '%I- Lake industrial areas should be added-to the Inner Tax Zone at this time and the Council accepted this view at its meeting on March 18th last; and advising that the Planning G0 se -7G 70'/ 2S Advisory Committee concurs with the recommendation of the Acting City Manager that the S!!/'KG'� �Q� industrial areas at Spruce Lake and Lorneville be added to the Inner Tax Zone with . 4y�0I°07e!/ /��e effect from January 1st, 1975 - however, the Committee would recommend that further evaluation be made with the view to the inclusion of all industrial, commercial and ' /O7d'acs governmental properties at the Inner Tax Zone rate no matter where they are located in the city -- be referred to the Acting City Manager for a report and recommendation. On motion of Councillor Murphy rvl5r Seconded by Councillor Higgins RESOLVED that the letter from the Planning Advisory Committee, in reply to the request made at the February 18th last Council meeting for the Committee's.views in regard to the requested use of City -owned Block 10 in the South ' End for a housing project by South End Development Corporation Inc., stating that the r 3 Advisory Committee finds that the Municipal Plan shows the said block for housing, and OK� ,�r1a� noting that.the Barrack Green, while shown as open space, is not really suitable for day n� _ Anne/ LO7P to day recreation, particularly for smaller children living on the other side of the Lower .'P7 Cove Loop or in other locations in the South End a considerable distance away, and that Olt�I1f9 _VA4 the City's Rink Committee favours the site for a rink for the South End butwould accept the Barrack Green as a second choice; and stating that the Advisory Committeewould have no objection to using this block of land for housing provided that a suitable alternative recreational area is found and obtained by the City, and favours the idea of improved housing for the South End but would prefer the City to find alternative recreational areas preferably based on an over -all examination of both the recreational and residential needs of the South End; and further stating that the Committee is aware that the Council's March 4th last meeting authorized the initiation of a neighbourhood improvement programme including the South End and that perhaps the determination of a suitable location for both the presently proposed housing development and the alternative recreational site, should rn f� "Yngi77we that be made necessary, can be resolved as part of that programme -- be referred to staff for a report. Prior to the making of the above motion, Mr. Barfoot was asked for his comments on the said letter. He noted that the Neighbourhood Improvement Programme is still in the process of Ming initiated in this city by the Council's action.in sending the proposed Minimum Standards By, -Law for comment by the Minister of Municipal Affairs, and that once that-by' =Law is adopted,and with the appointment of a.standards officer, we can get into the Neighbourhood Improvement Programme; however, this is a programme which is still in the process of being obtained for this city and it is not as yet, active here. He further , advised, with regard.to the above mentioned letter from the Planning Advisory Committee, that he has arranged a, meeting, to be held during the coming week, with staff to get the various planning,:recreational and redevelopment staff people together with a view to developing a recommendation in the interim before the said Programme comes into being. On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the letter from the Saint John Parking _ S, J. q.* lk1!79 Commission in reply to Common Council resolution of March 18th last in which the Commission was asked.for.information regarding the possible use of.thefunds the COi➢7M /SS /Oh Commission has in its accounts, particularly with the building of additional.parking facilities in mind, advising that the Commissionh_as been meeting the past two years Funds for regularly to establish., first, where parking needs to be supplied, second, how much • i % needs to be provided and, third, the type-of facility that is and will be required - and outlining the.efforts that have been made.by the Commission concerning these questions, / and to provide parking spaces off- street in the core area bounded by Union, Sydney, Duke, Prince William and Dock Streets, and submitting a statement of Commission finances; and pointing out that the parking facility that the Commission proposed at the foot of King Steret is needed now, and that the Commission cannot proceed further without knowing what will develop on Dock Street and how much the Brunswick Square development will generate requirements, beyond what will be supplied as part of these projects, and assuring the Common Council.that if these projects do not proceed as anticipated the parking require- ments could very well be minimal, and that the Commission cannot spend the considerable funds at its disposal until it is sure what and where the additional needs will be; extending a welcome to Council members to attend meetings of ,the Commission, and thanking Mr. Ronald Park and Mr. Claude MacKinnon of the City staff for their excellent advice to the Commission in their specific fields -- be received and filed and the Commission thanked for the excellent report. Councillor Black called attention to the problem that-is being experienced by the tenants of the City Market and their customers in the scarcity in the up -town area of parking spaces, particularly in the North and South Market Streets area, and the fact that the said tenants want to know if there is anything that can be done to help them with , the parking situation. Councillor Black expressed the hope that the Parking Commission might be a11e to evolve a plan to assist the Market tenants who do not have any parking space for, their customers, and whose business is being adversely affected by this situa- tion. Councillor Cave enquired as to the status of the parking garage that was proposed A jpA /"9 WJ?i for the vicinity of Market Slip and Water Street. The Mayor stated that there will be �gaket �', J. a joint announcement by the City and the Federal Govenment within the very near future that will set out what the City and the Federal Government will do "there together, and • i67A5P. Y't this will include all aspects of the development in that area. I F_ u C�DAaFf /55/01 • A44vo f -Ack 07J(-. nq,w /ex • PI &A? '104 -Dock • Councillor Kipping noted that the comments in the Parking Commission's report with reference to the proposed parking facility at the foot of King Street, bounded by Water Street and South Wharf, were intended to be constructive in spirit. He stated that the problem of providing parking in the city's up -town area requires contributions from many different directions to solve them, and that he feels they require flexibility from the City on the part of the Council, its staff and its committees and commissions, coupled with co- operation from the business community and private citizens, and it requires a clear defining of objectives and a consciousness of priorities. He noted that the parking requirements are both temporary and long -term in nature, and that an example of temporary requirements, for approximately two years, that will be-coming up is the locating of a Brunswick Square, and he knows that the Parking Commission is aware of this problem. He stated that his point is, that the time has arrived wh2n only bold and innovative solutions can solve our parking problems, and that he will have more to say about suggested solutions, in the near future. Councillor Gould expressed concern that the report from the Parking Commission, in its comments about not knowing where the proposed parking facility for the location at the foot of King Street, bounded by Water Street and South Wharf, stands at the present time, mentions that the Parking Commission was not consulted when the committee, comprising City staff, evolved a plan of its own utilizing Urban Renewal and the three levels of government and the Dock Street development, and the plans of the Commission with considerable sums of money spent, were ignored. He felt that this points up an apparent deficiency of communication between the City staff and the Parking Commission, and he was concerned about this. Noting that the Commission's report makes reference to the Land Committee, and the fact that the Commission had requested the Committee to purchase the property at the foot of King Street already referred to, in.view of the fact that the Commission was aware of the probable loss to parking of the Germain Street Car Park and that the Commission felt it was urgent to proceed as fast as possible - and that the report states that for one reason or another this purchase was not made, Councillor Gould pointed out that the policy of the Land Committee is to acquire property that we believe we will eventually need when the property becomes available at a reasonable price - on the other hand, if we do not require the pro- perties immediately, the Committee can see no useful purpose inacquiring properties at a rather excessive price. He stated that the particular properties in question were appraised by our staff at some $27,000.00 but the concern who owns the properties on October 10th, 1973 in correspondence with the Director of Real Estate said they were prepared to commence negotiations at a price between $125,000.00 and $140,000.00. He noted that with such a discrepancy between the appraised value and the price mentioned on which to open negotiations, there is no way you can do business, and he further stated that unless the Land Committee is absolutely sure that the City is going to use that property the Committee will not proceed to acquire it, even.though we may eventually have to expropriate it. Councillor Green noted that the delay in proceeding with the proposed parking ,facility for the'foot of King Street, as referred to by the Parking Commission, casts no reflection on the Commission in any way, as the delay was not.occasioned by the Commission, but was caused by various circumstances relating to the development of this area. The Mayor felt that the whole matter could be put in context by pointing out that within the past thirty months we have had six completely'different proposals involving the same piece of land. He noted that the requirements for the land have been growing in importance as one proposal gives way to a better one, which is what is taking place right now. He further noted that had we tried to build a parking garage in total isolation from the total development, firstly, we would not have been permitted to do it, and secondly, it would have had a very serious and harmful effect to the over -all total development. He felt that what will subsequently come from a total development of the entire area, in- cluding the waterfront, will be beyond our expectations. He agreed that there have been very real problems, and that Councillor Gould is quite correct in pointing out there has been a communication lack in this regard. Councillor Gould expressed the view that the fiit aff efore su hi i refomTenda� ion to the Council n'FerH n§ $� kin Ghoul¢ avie m'at er con i e etd$ the r i om i s n. n r p o ou c or c o a s rs as to wfiy tie pafking strucntdre t�ia � e Cbuncig Fad givenapproval o, iaq not been proceeded with, the Mayor pointed out that some of the problems involved are the fact that the City does not own the land on which the proposed structure was to be built, and that even if the City did own the land it falls within the Urban Renewal jurisdiction, which are additional people who have an interest in the total development of that area. Councillor MacGowan felt that, in that case, the problem of delay rests with the Council who should have been looking at another lot for parking development, as theapproval of the proposal for.the Market Slip parking facility was premature." Councillor MacGowan advanced the suggestion that perhaps "part of the Brunswick Square development site could be used for parking by those who will be working at the construction of the project. Councillor MacGowan expressed gratification that the Market Square vacant lot, lying between Prince William and Water Streets, is being cleaned up and levelled, and she stated it is her hope that this lot will be landscaped to make it attractive, and not be just a'parking lot such as the one on Dock Street. Councillor A. Vincent asked how much revenue the City is receiving from the parking lot where it is not collecting any revenue, across the street from City Hall, where there was the hotel fire on Dock Street; he further asked why certain people are permitted to park there without charge. The M or stated that the Acting City Manager will submit a report in this regard. ReferringMe vacant lot on Market'Square, lying between Water and Prince William Streets, Councillor A. Vincent asked why we ere leasing unprepared land for.parking purposes which will provide space for 22 cars. He stated that he does not believe enough revenue will be received from these spaces to pay interest on the cost of theequipment and men that were working at this site this date. Mr. Barfoot noted that it was the decision of the Parking Commission to rent the said lot for a certain amount of money and that included the preparation of the land. Mr. MacKinnon advised that the job should be finished on April 2nd, and here is between $300.00 and $400.00• involved as cost for this work of lot preparation. He advised that the lot is being leased for one year and 20 parking places are to be provided and rented at $12.00 per month, each. He explained that the thought of the Parking Commission is to provide parking which is greatly needed, and not to necessarily make money on the rentals. Councillor-A.-Vincent stated he was not satisfied with this answer. He noted that trucks have been dumping earth-at this site all today. He asked if we are paying ourselves for our own trucks - is that going to be a true cost - his point being that such cost is more than the figure of $300.00 to $400.00 mentioned. He felt that the work that was performed at the site today would cost in the vicinity of $1,000.00, and he noted that there was a whole crew of men at the site, in addition. He felt that if there is only a one -year lease on this lot, all the City has done is fix up the parking space for the owners, which he does not feel was business -like. Mr. MacKinnon '06. advised that the Parking Commission is renting the said.lot for the parking spaces from Scottish Holdings and renting it by the month. He stated that normally, when the City does the work in such an area it has been charging for the cost of the City equipment and charging for the materials used on the preparations; it would be similar to the preparation• the City did on the Dock Street parking site. Councillor A. Vincent.contended that, in such case, the total cost for using the City equipment is not charged against the project. He also contended that in view of the expenditure involved in preparing the site for these parking spaces .that. a long -term lease should have been procured. Question being taken, the motion was carried with Councillor A. Vincent voting "nay ". On motion of Councillor MurEW VPAh %jenaw, PSeconded by Councillor Higgins ' RESOLVED that the approval of Council be given for the purchase of the freehold interest.in the /1-490 ��� property•of.Lane's.Bakery Ltd. known as 18 =20 Smythe Street (F- 6- 19 -28), free and.clear of all encumbrances and to include any lQoei and all claims of any nature whatsoever, for the sum of $57,500.00, total compensation and with the understanding that this settlement will be subject..to the normal adjustments for outstanding taxes, water „rates, et cetera - the Partnership's approval for the acquisition of this.property for the said figure.of $57,500.00.having been acknowledged. On motion of Councillor Murphy ' Seconded by Councillor Green RE90LVED,that in accordance with the recommendation �j�Pia7i8 /My of the Redevelopment Officer, approval be granted for payment of the following accounts in the total amount of $4,465.84 for appraising the following listed properties in connection with the acquisition of these properties which are required for the North End Urban Renewal Scheme, the partnership's approval for payment of these accounts having been acknowledged, and the accounts to be charged against the project and shared in the usual way: - �d� /�� �¢ Pat Kin Ltd. • F- 6 -19 -5 39 Dock Street Cash & Carry $ 949.62 F- 6 -19 -3 15 Dock Street ) E. S. Stephenson 1,574.62 F- 6 -19 -26 17 -19 Nelson.Street) Tri -Town Realty F- 6 -19 -30 North Market Wharf) �ea7�LF� L- 6 -19 -33 North Market Wharf) G. E. Barbour $1,446.00 L- 6 -19 -36 North Market Wharf) J F- 6 -19 -8 53 Dock Street ) H. M. Hopper Co. *495.60 F- 6 -19 -9 59 Dock Street ) * of this amount $171.60 is the account incurred in the engaging of Gregg Wm. Neal, electrical contractor for expertise necessary to provide valuation on electrical system. ' Mr. Harry G. Stevenson, Barrister, was present on behalf of his'client, Thelma K. Hamilton, whose property at 419 Bayside Drive, Saint John East, was expropriated by ' the City of Saint.John on March 18th, 1974 by resolution of Council. In 'submitting a prepared brief, Mr. Stevenson made the following points:- Mrs. Hamilton is a widow living at the said address and her only means of support is the income from four boarders at same (now three boarders) and she also has a small pension; the last offer made to her was $21,000.00 in September of 1973 and the City expropriated in March 1974; the assessment value quoted to Council at its March 18th meeting was $8,600.00 whereas it is now $12,700.00; the property was appraised as a single - family dwelling whereas the truth is there were. four boarders. at the time, the appraisal was made in 19 73 ; the size of the lot was incorrectly stated as 8,826 square feet instead of 9,076 square feet; the City pur- chased the property at 423 Bayside Drive at a rate of over $3.00 per square foot, and yet will not offer Mrs. Hamilton similar compensation; by expropriating at the time • the City chose to so do (previous to April 1st, 1974) it would appear the City took an unfair advantage as the new expropriation laws would provide for more reasonable com- pensation to be paid to the owner. The brief states that, in view of the above it is requested that the Council approve "compensating Mrs. Hamilton at the rate of $3.00 per square foot for her property or a total of $27,288.00. Mr. Stevenson advised that the pension his client receives is from the Workmen's Compensation, monthly. He advised that the independent appraiser engaged by his client was Mr. Harry W. Schaven, manager of the real estate department of Canada Permanent Trust,.and that his appraisal was $27,288.00 of Mrs. Hamilton's property. On motion of Councillor Higgins Seconded by Councillor Murphy RESOLVED that_in view of the additional facts on the expropriation of the 419 Bayside Drive property of Mrs. Thelma K. Hamilton which have been submitted by her solicitor, Mr. Harry G. Stevenson, the matter of price be aots/ /�Oh referred back to the City staff and the Land Committee for a review and for a recommenda- tion to Council. , ���gSGM Mrs, Donna Armstrong, of 83 Charlotte Street, Saint John West, presented a brief on behalf of the Saint John West Citizens Assocation, in which there are contained remarks and recommendations on police protection, the recommendations being, as follows: - (1) that Saint John West have a more centralized police station (suggesting that the --,e former.Beaconsfiel:d Fire Station on Lancaster Avenue be utilized for this purpose); Poll P/46v- (2) that this area be allotted a greater percentage of the police force to coincide (O/j realistically with'.the population and the area percentage; (3) that-this area be divided y�/P�S�os%� from Simms Corner to the harbour and from Simms Corner outward to the boundaries of the .River. Road and Lorneville (suggesting that the addition of a minimum of two more patrol n` �t J• f,��$ C cars and a minimum of ten more men would give this area a workable force); (4) that either a foot patrol or hose patrol'be used in the West Side area - the latter possibly • being the more efficient due to the fact that a horse can cover ground more swiftly and has the advantage of better viewing because of the height at which the patrol man sits (noting that it.is believed that this method has proven successful in larger more I r E • • L J Ci4iae,P7s i�SSo N, ///iF,e &Ies7si " 1W ale G�/gO /e Cg "w Fe��so� fto congested cities such as Toronto and Boston) ; (5) that a special squad of men with trained canine be used specifically as a float to assist in trouble areas, thus eliminating two men to a foot patrol or-car patrol. Discussion ensued between Council members and Mrs. Armstrong regarding various points made in the brief, and it was pointed out to her that the City has only so much money to spend in its budget for the various services to the citizens and that a higher standard of police service and an increase in the size of the Police force would mean a lower standard of other services (such as recreation, or streets) in order to achieve this throughout the city. In reply to Councillor Gould's query, tMr.s. Armstrong stated that she had not given thought to the possibility that the use by the Police Department of motor cycles might have an important part to play in patrolling the Saint John West area of the city. Councillor MacGowan advanced the suggestion that the present use of foot patrols in the Saint John West area in question, plus improved street-lighting, might serve the purpose of cutting down on the problems of vandalism andother crimes, and be cheaper than the recommendation inthe brief. Councillor P rfitt's suggestion was that the recommendations contained in the brief be handed over /Ifle new Chief of Police by the present Chief of Police, and the new Chief could then talk with the Assocation in the matter. On motion of Councillor Higgins Seconded by Councillor Murphy RESOLVED that the brief from the Saint John West Citizens Association submitting recommendations which the Association feels may aid the Common Council in solving the problems of the citizens of this area who feel the need for more adequate police protection, be referred to the City staff and that the said recommendations be thoroughly studied and considered with appropriate action taken for the protection of the West Saint John citizens. In further discussion of the above matter, Councillor Black stated that from infor- mation he can glean from those who should know, contrary to remarks made in the brief, Mrs. Armstrong lives in one of the quietest areas in the city, and in comparing it with other areas in the city, he thinks the citizens in Saint John West have pretty fair coverage, with 6 men to a shift compared to 4 men to a shift in Saint John East - in addition, Saint John West has 2 men walking the beat, which Saint John East does not have. He felt that, upon investigation, the citizens in Saint John West are pretty well off compared with other areas in the city. Mrs. Armstrong pointed out, in reply, that the 4 foot patrolmen in Saint John West have only been on duty there since the latter part,of February, 1974, since the controversy came up on molestation in this area. The meeting adjourned at 6.30 p.m. to Committee of the Whole, and resumed in Common Council at 8.00 p.m. when there were present Mayor Lockhart, Councillors Black, Cave, Gould, Green, Higgins, Kipping, Murphy,; MacGowan, A. Vincent and M. Vincent, and Messrs. N. Barfoot, Acting City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, C. E. Nicolle, Director of the Recreation and Parks Department, J. Gabriel, Assistant Director of Parks, M. Zides, Municipal Planning Director, D. French, Personnel Officer, and J. C. MacKinnon, Assistant Director of Works - Operations. On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the Common Councilat this time consider the Committee of the Whole report from the March 23rd, 1974 Committee of the Whole meeting, which is on the agenda of this meeting. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Commitee of the Whole reports Your Committee begs leave to report that it sat on March 23rd, 1974, when here were present Mayor Lockhart, Councillors Green, MacGowan, Murphy, M. Vincent, Black, Cave, Davis, Gould, Kipping, Parfitt, and your Committee begs to submit the following report and recommendation, namely:- 1. That Mr. Eric W. Ferguson be appointed Chief of Police of the City of Saint John, effective July 1, 1974, and that he be paid a salary of $20,000.00 per annum. Respectfully submitted, 1st April, 1974, (sgd.) A. R. W. Lockhart, Saint John, N. B. C h a i r m a n On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the report be received and filed and the recommendation contained therein adopted. Councillor Gould stated that he supports the motion but thathe would like assurance that the new Chief of Police on appointment will become a regular City employee and, as such, will be eligible for all regular City benefits during his years of employment and at the time of his employment termination. The Mayor accepted that this was implied in the above motion. Question being taken, the motion was carried. Mr. Zides at this time advised that, following further consideration of the latest application received on behalf of Woodhouse Limited, from the New Brunswick Telephone Company, Limited, for re- zoning of the property at 62 and 64 Lansdowne Avenue, this would be treated as a separate re- zoning from the re- zoning of 66, 68, 70, 72, 74, 76, 28 78 and 80 Lansdowne.Avenue which is'presently being advertised, -and that the letter dated March 28th, 1974 from the Planning Advisory Committee would therefore be amended by deleting from the third paragraph in same the words "and the properties known as 66, • 68, 70, 72, 74 and 76 Lansdowne Avenue be re =zoned from 'B -2' General Business (office use) to 'B -2' General Business (furniture outlet)" commencing on the fourth line thereof. ?fi . On motion of Councillor Murphy ,e- .tAai ny Seconded by Councillor Green RESOLVED that the application from Fourth Floor dp(yh LO /'qde Holdings Ltd. (Woodhouse Ltd.), King Street, Saint John, N. B. for the re- zoning of 62 -64 Lansdowne Avenue from its present "R -4" residential classification to "B -2" General Business classification for a furniture outlet, be placed,on the agenda of this ' meeting. On motion of Councillor Higgins Seconded,by Councillor M. Vincent RESOLVED that with regard to the application 'J from Fourth Floor Holdings Ltd. (Woodhouse Limited), King Street,.Saint John, N. B. )_ OMA2L,4j AXOOOOA® for the re- zoning of 62 -64 Lansdowne Avenue from its present "R -4" Two- Family Residential classification to "B -2" General Business classification for.a.furniture outlet, authority ' be granted to proceed with the necessary advertising;. and that the said application be submitted to the Planning,Advisory Committee for a report: C(/00W140use AND FURTHER,that the report from the Planning Advisory Committee, advising that Woodhouse Limited, acting through the New Brunswick Telephone Company, Limited, has been .consulting the Advisory Committee about the possibility of an adjustment in the proposed n Woodhouse relocation area on Lansdowne Avenue so that a somewhat larger property than Al." 7. RW!//s_ that originally contemplated would be used for the proposed furniture store site - which, 60/w» of course, is in line with the thinking expressed by the Common Council and the Advisory Committee -.and advising that the,said Committee recommends that the property known as 62 and 64,Lansdowne Avenue be re- zoned from "R -4" Two - Family Residential to "B-2" • A/ „B Tg1 �j', General Business (furniture outlet) classification pursuant to Section 39 of the Community Planning Act tying the proposed development to the plans previously described in the Planning Advisory Committee's March 13th, 1974 letter to Council -- be received and filed and the said proposed re- zoning be pursuant to Section 39 of the Community Planning Act as above recommended by the Planning Advisory Committee. On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the by -law entitled "A Law to Amend th,e Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns ie- zoning an area of land on Lansdowne Avenue known as'residence. numbers 62 -64 from Me- z& A / by "R -4" Two - Family Residential district to "B -2" General. Business for furniture outlet, be read 'a first time. 6a -6ol o4ws- GaO,/7e 157A/e. ,Oeoas Ae U i��siiy ma�'1C°d Read a first time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Black Seconded by Councillor Cave RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land on Lansdowne Avenue known as residence numbers 62 -64 from "R -4" Two - Family Residential district to ",B -2" General Business district for furniture outlet, be read a second time. Read a second time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". Councillor Higgins at this time referred to the report, dated March 15th, 1974, to Common Council regarding arenas, entitled "Arenas Report No, 2 ", and signed by Councillor Kipping, liaison.Councillor, Mr. Leo McAdam, Rink Committee Chairman, of the Recreation and Patios Advisory Board, and Mr. C. E. Nicolle, Director of the Recreation and Parks Department. He stated that Councillor Davis, who was absent from this meeting because of recent bereavement, is anxious that there be no delay in proceeding with these rinks, to start to build them. He pointed out that the said report is only dealing with sites for four rinks; that the recommendation for a rink site in the South End gives Block 10, Broad- Charlotte Streets as first choice, or, as a second choice, if immediately available, the Barrack Green; that the site recommended in the West District is a satellite at the Lancaster Centennial Arena, and that this does not rule out the fact that other sites could be considered but the fact is that we are going for a site in the West; if there is a third.possible site in the South End that is all to the good; -sites that are the final choices at this meeting will be the subject of immediate tender call once the rink design is completed. • On motion of Councillor Higgins ' Seconded by Councillor Murphy RESOLVED that the Common Council approve as a site for a community arena the 30 -acre City -owned site, Millidge Avenue - University area. In reply to Councillor A. Vincent's question regarding the boggy condition of the above site, Mr. Barfoot stated that there is a cost in addition to the normal cost which is caused by the foundation conditions. at this site, but it is a site at which the rink can be built. Councillor Kipping pointed out that, also, there is no alternate site in this area. Councillor Higgins noted that this site at Millidgeville is therefore a definite decision. • On motion of Councillor Murphy Seconded by Councillor Higgins RESOLVED that the Common Council - approve locating F_ �Qd�l7 ii%9PD9a /� S/ e 1 Sir�a/��fs fii�i eSe�i� S/ Lte • ' /A"PZ -7 SiA C l%NSt' l • - XAoe Pen 9G92o96r7S ;p9we-Aora. 40 CoS�S Ro% joD ega7 S C1h.4FM 99 -a community arena in the South End on either Block 10, Broad - Charlotte Streets, or on the Barrack Green, if immediately available. Councillor Higgins noted that the above named Block 10 is mostly all City -owned land. He added that sites in an area such as this, which are not definitely determined, will have to come back to Council for final approval before tenders can be called after detailed design for the arena has been prepared. The Mayor stated that the Council has to approve these site locations in prJnciple before it can become involved in the common design and the actual location of the arenas on the sites. Councillor Gould stated that with regard to the selection of these four arena sites, he would like confirmation that if, with the passage of time, we find that there are certain things about the sites we have selected are not satisfactory, then the Council in its wisdom can make a change - but, at this time, the Council is making final selection on the four sites. The Mayor confirmed that this is correct. On motion of Councillor M. Vincent Seconded by Councillor Murphy RESOLVED that the Common Council approve as a site for a community arena the land at the rear of Simonds High School - Hickey Road. Councillor Higgins explained that there is an agreement between the School Board of District Number 20 and the City of Saint John regarding the use of this land - therefore, it could be regarded as City land, with approximately a week required to obtain formal approval from the Department of Education and the said School Board for the said land use. Councillor Cave stated that he questions this site due to the fact that there is a lack of transportation in the area. He stated that he would favour obtaining a more accessible site. In reply, the Mayor felt that if there is the volume out there as a result of this ,arena it will become a paying proposition for the bus company, and the company will then be very anxious to extend the service out there as soon as thepopulation is out there. Councillor Higgins referred to the building development that is already taking place in this area, including the existing Simonds Regional High School, and stated he feels that the site under discussion is the ideal location for a community arena, looking to the future. The Mayor felt that the passenger volume will be there very shortly, for the bus company, in this area. Question t being taken, the motion was carried with-Councillor Cave voting "nay" in view of the factt/aere is no transportation in the above named area and that there is not liable to be transportation for the next few years. He added that if there was transportation to the site, he would approve the site; he does not want to hold up the construction of a rink for the Eastern District because there is the need for one, but he is concerned over the particular site because of the present lack of transportation to serve it; he is not opposed to the locating of a proposed community arena in the Eastern District. On motion of Councillor Murphy Seconded by Councillor Higgins RESOLVED that the Common Council approve locating a community arena in the West District either as a satellite to the present Lancaster Centennial Arena, and /or the Beaconsfield rink site, or the Lowell Street site, or any more suitable site in West Saint John. Councillor Higgins noted that by the Council saying it is going to build a rink in West Saint John, the committee with in- put from the West District Council members can then come in and report to Council on specific sites. On motion of Councillor Higgins Seconded by Councillor Cave 'RESOLVED that the "Model Community Arena" as presented in the March, 1974 report of A.D.Z. Limited be adopted. On motion of Councillor Higgins Seconded by Councillor Green RESOLVED that upon approval-of sites for the community arenas, the detailed plans, specifications and tender'documents ' be'prepared based on the "Model Community Arena" which has been approved at this meeting, and tenders be called. On motion of Councillor Higgins Seconded by Councillor Kipping RESOLVED that the general policy (as outlined on page 11 of the Arenas Report No. 1, dated November 15th, 1973, to Common Council) be adopted, namely, "that as a general policy the operating costs for scheduled adult use of arenas be fully recoverable while organized age -limit activities be cost - shared between the City and the sponsoring group ". Councillor A. Vincent expressed disappointment that the arenas committee did not ;choose a site in the East End of the city property for one of the community arenas. Councillor MacGowan felt that a 10 -foot width for the dressing rooms in these arenas is too narrow, and stated she hopes that they will be painted appropriate colours. On motion of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that the comittee as a whole, who worked on the matter of arenas, be thanked for their excellent work in this regard. On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that the letter from Councillor MacGowan, 30 ea"100, f /pr Chairman of the Transportation Committee of The Cities of New Brunswick, advising that the committee would appreciate receiving of pertaining to problems the City of C /�f /�eS Saint John is experiencing regarding transportation as it would assist the committee in • its study of all aspects of .transportation problems, be referred to City staff for lt/"aryS1->,,,r4pk the suggested recommendations with approval, by Council before .being forwarded. Fu.,4ry Ca' 6/e- 4 15%,0.1 ltd. 15:461e /et�is/ol Couijcf /�Io�r. �asi`�i ®ate Anrrea -iOvo Si ee -R7tftvk Av /Vp,V- 0r. VeyR A_ "by. Gl/�er a,aa, -ofi� prrA /ern d Z�- 33Fo�est�%�y %OLD! vy LE On motion of Councillor MacGowan Seconded by Councillor.M. Vincent RESOLVED that the letter from Mr. C. William Stanley, Executive Vice - President. of Fundy Cablevision Ltd., dated March ,22nd, 1974 and addressed to Councillor Ma,cGowan, advising that constwction of.the cable television m syste for the Saint John area is scheduled to begin May 21st, 1974 and that United States commercial channels will be available by the end of June which will allow the company to align the electronic equipment of the first phase of the system by August, when it is expected to begin service to the first.subscribers in the North End of the city; that both the north and south ends of the city should be ready for service by the end of November, with construction progressing into Saint.John West and Saint John East during the late fallmonths of 1974, and into the outlying areas and suburbs immediately there- after; and expressing thanks to the,Common Council for the representations made to the Canadian Radio - Television Commission which were instrumental in making possible the public hearings that led to the authorization of cable television service for the Saint John area, be received and filed. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that the letter from Councillor Murphy, advising that it has come to his attention that there is a National Prayer Breakfast being held in Ottawa on April 9th and 10th next and.stating that he would recommend that-the City be represented by Councillor Joan Parfitt, and noting that this will also give Councillor Parfitt an opportunity to discuss other City business while in Ottawa, be received and filed and the recommendation adopted. Councillor Parfitt advised that on the same day she received the invitation to the National Prayer Breakfast in Ottawa she also received a letter from the-of fice of The Honourable J.. -E. Dube, Minister of Public Works of Canada. She stated that apparently the City has not got in touch with the Federal officials to make a formal request for the Common Council for the Barrack Green site about which she saw Federal officials in Ottawa on November 1st last,,and which resulted in a letter to the City within a week enquiring just where the City wanted the land on the Barrack Green. She stated that she4 tained maps from Mr. J. Gabriel, Assistant Director of Parks of th' City showing specifically the situation onthat site, and if the•City allows her to goY ?he Federal Government in this matter she has an appointment with Mr. Dube for any time on Thursday, April 11th next. She noted that.according to the Arena Report No. 2 the Barrack Green site is excellent for an arena with a little site work necessary. She stated that what she wants to know is, if and when the City requires the 2.25 acres at the Barrack Green site - whether it be for open park land, recreation, or an arena, (which is upto the Recreation and Parks Advisory Board, the Recreation and Parks Department and the South End Develop- ment Corporation to get together on) - would it be alright for her to see Mr. Dube and Mr. F. D. Millar, Director General, Properties and Utilities, National Defence Department, in an effort to expedite the acquiring of this required land by the City at the Barrack Green. In reply, the Mayor stated that she is free to see anybody she wants, but, as she is aware, there are other considerations in this regard. He added that Councillor Parfitt can talk with the Minister as long as she wishes about any subject she wishes and the results of that can be brought back to Council. He stated that Councillor Parfitt's comment regard- ing the Barrack Green matter was out of order because the Council was still dealing with . the National Prayer Breakfast item. Councillor Parfitt noted that the Recreation and Parks Department wants the Barrack Green land in any case, for whatever use. The Mayor, in reply, stated that until the Council has all the facts, and considers the matter and reaches a policy decision, the City is not going to be committed. He stressed to Councillor Parfitt that she can talk to whoever she likes on whatever subject she likes, but it does not bind the City because she talked to somebody. He stated that he had to declare the whole subject out of order and deal with the motion on the floor. Question being taken, Councillor A. Vincent voted "nay" to the motion which was carried, stating he did so because his question as to how much it is going to ct�;t, was not-answered. On motion of Councillor Murphy • • Seconded by Councillor Black RESOLVED that the letter from CCouncillor M. Vincent, noting that it appears that Mr. and Mrs. Lloyd McKay's property at 33 Forest City Street is subject to water drain -off problems and that at its meeting heldon March 18th last, the Council asked staff for a report on this matter as a result of a complaint made to Council by Mr. and Mrs. McKay, and advising that he was placing this letter on this agenda of Council so that he may have the opportunity to ask staff at this meeting of their findings, be received and filed. Councillor M. Vincent stated that in discussing the above problem with Mr. Barfoot , it was agreed that the subject be placed on this Council agenda in order to deal with this situation, and Mr. Barfoot suggested to him that it involves a possible legal problem. At this point, Mr. Barfoot advised that the matter is still being investigated and it is hoped to come back to Council next week with a report, as requested. Councillor Cave stated that he is against the City going in on private property to correct situations created by private contractors who did not provide proper drainage for their developments at the time of building. , On motion of Councillor Murphy Seconded by Councillor M. Vincent • RESOLVED that the letter from Councillor M. Vincent, advising of receipt of a number of calls concerning the condition of Ian and Sylvia Streets in Champlain Heights and that when there are heavy rainfalls the residents there are literally flooded out and this is a problem which stems not from the rainfalls Sknar� • ZIPS. • 6es aSO4�- W11 T .7�1 e Ave, G!®06-ks (Ald09 EM • /gl'�2a��E'S C /a' /PSn rD!3 �fl.!'rOdrt� 31 directly, but from the elevation of the property in relation to the road or street elevation, and that on checking with City staff it appears there may be some confusion as to the liability of the developer, being Scott Bros., that of the property owner, and /or that of the City - be referred to staff for a report and recommendation regarding this problem. Councillor M. Vincent explained that his desire in the above matter, is to determine whether there is a failure of responsibility of the developers to meet the sub - division development regulations. Mr. Barfoot advised that his report to Council in this matter will be in written form so that it can be in more detail than extemporaneously at this meeting. Councillor Gould expressed the desire that unless the developer of a sub - division cleans up a situation such as this particular situation, within a reasonable length of time, that the performance bond he was required to post be retained by the City, to be used for the cost of rectifying the problem.. Councillor Kipping presented a brief regarding the traffic problems of the Rothesay Avenue, Thorne Avenue, Russell Street triangle, and his proposed method of dealing with same. He proposed the following motion, which if adopted, he would then follow up with the request that he meet on the morning of April 2nd with the Chief of Police and appropriate members-of his department in order to elaborate on this matter, as there are details in the patterns of control which have been considered, and which form part of an integrated system by which we may all hope to solve, or, at the very least, to ease the problem of this traffic triangle:- "RESOLVED that the Police Department be directed to provide the necessary numbers of men between the hours of 7.00 a.m. and 9.00 a.m. and between 4.00 p.m. and 6.00 p.m., on every Monday through Friday, and, if seen necessary, also at other times on Friday, for the primary purpose of ensuring that traffic in Haymarket Square and the triangle is kept flowing in an efficient, smooth, timely and safe manner; that this become effective no later than 48 hours from the adoption of this motion (it will, benoted that no extension of 'rotary' traffic hours is proposed; it is believed that the experience of the officers handling traffic under both conditions, i.e., with and without 'rotary', will indicate what is best to do for future handling and for the heavy summer period): and further, that whatever action is necessary to prohibit parking on Rothesay Avenue, Thorne Avenue and Russell Street be taken immediately, and that this be effectively enforced by police patrolling." On motion of Councillor Cave Seconded by Councillor A. Vincent RESOLVED that this matter be laid on the table and that Councillor Kipping bring back further information regarding same. Question being taken, the motion was lost as a tie vote was created in that there were six negative votes and six affirmative votes. On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that Councillors Kipping and M. Vincent be authorized to meet with the Chief of Police and with the Works Department regarding the matter of traffic regulations for the movement of traffic on Thorne Avenue,.Russell Street and Rothesay Avenue, and, if found feasible, that the report submitted by Councillor Kipping at this meeting of Council concerning such traffic regulations be implemented, otherwise the said report be brought back to Council at its next meeting. Discussion ensued during which Councillor Kipping advocated that the traffic solutions suggestion contained in his brief be given a trial. Question being taken, the motion was carried with Councillor Kipping voting "nay" Councillor A. Vincent asked that the following questions be noted by the Councillors who will be meeting with the Chief of Police andthe Works Department in the above matter: - the exact number of Police personnel who would be required on traffic duty during the hours referred to in Councillor Kipping's brief; what was the reaction of Road and Sea Transport Ltd. to this proposed traffic rotary. . Referring to his letter which is on the agenda of this meeting regarding the matter of the recent heavy.increase in property assessments in the City of Saint John, Councillor Green recalled that the Province of New Brunswick assumed full responsibility for assessing and collecting real property taxes throughout the province and that it was one of the recommendations in the Byrne Commission report to the Province that real estate be assessed on one hundred per cent of its value and, in future, the going selling price. He stated that in recent years these market value assessments have reached such a state, due to a shortage of housing, et cetera, that this has increased the tremendous burden on the tax payers of Saint John; another important factor was that the tax agreements were to be done away with and the firms concerned were to be assessed on full valuation, which would have given the Province some of the working capital to implement the scheme proposed - however, the doing away with these special tax agreements was challenged by.the parties concerned and.their appeal was upheld by the Supreme Court. He pointed out that by going on the full one hundred per cent assessment value from the fifty or sixty per cent assessment value that the town and cities had used prior to that time, it can be seen that the financial picture brightened for the Province in issuing its debentures. He noted that although the Provincial part of the real estate tax rate has remained at $1:50 property assessments have risen greatly since the Province assumed responsibility for assessing the properties, and elderly persons on pension and those with fixed incomes have no way to supplement their incomes in order to meet these increased property taxes. He referred to the fact that the taxes in Saint John would have been much higher on property assessments had not the City cut down on its budget this year in order to keep the tax rate as low as possible. On motion of Councillor Green Seconded by Councillor A. Vincent . RESOLVED that the subject of the recent heavy increase in property assessments in the Province of New Brunswick be referred to The Cities of New Brunswick for the endorsement and support of that organization, and appeal to the Provincial Government. 32 /lea/ est�ee as3°essmen e /f•/CAWwses /f /&. Ay'"A..9rS1 S.T. A XIZ- -7, .law ee .&-v6,- .�Z/a3 /O/'J Coa7L� o'f �/°fi7 5. T. � irate S /te On motion of Councillor Green Seconded by Councillor A. Vincent • RESOLVED that the Common Council ask the Premier and the Minister of Municipal Affairs of the Province of New Brunswick to check into the situation of the recent heavy increase in property assessments in this province with a view to,.amending same. On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the letter from Lieuntenant- Colonel D. B. Bursey, Commanding Officer, Saint John Milftfa, Service Battalion Headquarters, requesting ' that, whereas the Saint John Militia Service Battalion bears the name "Saint John" as part of its official name, permission be given to use the Coat of Arms of the City of Saint John on the Battalion Flag, on one corner or in the centre of the flag, be received and filed and the requested permission granted. On motion of Councillor Murphy Seconded by Councillor A. Vincent RESOLVED that the letter from the Saint John ' Board of Trade stating that much could be' said about the merits of student housing and its importance to the development and growth of the University of New Brunswick in Saint John, and requesting that for a reasonable period of time the Common Council grant to the student body of the University of New Brunswick in Saint John the right of first refusal on that portion of land which had orginally been set aside for the student housing prolject, be referred to the City Solicitor for a report at the next meeting of Council. On motion of Councillor Higgins /Cok F a&" �aS26Sr-07 ,&lerie5 Z--6 ?Pe -xmgihg ,V,l J0)0. .�//ilo./ /z T SAX �C!/BS�i-ro / itiors ee �3on�ta Ave. /MPromea� arts, S' / /vex F //s bpd l,,e o W. �r/ /WI9A 951$ � -APP-24--l" s�o XwAele o m� vy.*" "/teve ,062.0 e 6?ow ot sT,h: /hscga ,�OI+'1l P7i0II9 ,��b �str cam/ On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the letter from Miss Leola F. Ward'of X410 Douglas Avenue, requesting that the Douglas Avenue property of Eastern Baker Ltd., which she understands will be up for sale shortly, be rezoned in future to prevent its future use for commercial or industrial purposes in this residential area, be referred to the Planning Advisory Committee for a report and recommendation. On motion.of Councillor Murphy Seconded by Councillor Black RESOLVED that the letter from Mr. Philip J. Lee, Jr., of 395 Beaconsfield Crescent, Saint John West, submitting suggested alternative sites in West Saint John'for the arena proposed for this sector of the city, and advancing his reasons for desiring that the Lowell Street recreation area not be used as a site for the arena, be referred to the Rinks Committee for consideration and a reply. On motion of Councillor Murphy Seconded by Councillor Cave' RESOLVED that the petition from residents of Bonita Avenue and adjacent area in Silver FAils Park, requesting that the developer of this sub- division be caused•to complete improvements on Bonita Avenue, be referred to the staff for a report. On motion of Councillor Murphy Seconded by Councillor Higgins RESOLVED that the letter from Mr. Leo A. Savidant, proprietor of Gus' Barber Shop at 216 King Street, Saint John West, outlining the problem experienced by his customers on obtaining parking on this street and requesting that the situation be corrected, be referred to the Traffic Committee and to the Chief of Police. On motion of Councillor Murphy _- Seconded by Councillor MacGowan RESOLVED that the letter from the Financial Committee of the Saint John High School Drama Club, which was submitted by Mr. Richard G. Thorne, Faculty Advisor, Saint John High School Drama Club, advising that the Club's production of "Romeo and Juliet" has been selected as a participant in the.Dominion Drama Festival to be held in 1974 in St. John's, Newfoundland, and requesting that the Common Council consider granting the sum of $1,000.00 to assist the Club in meeting the expenses • Seconded yb Councillor Cave RESOLVED that the letter from Mrs. Mary Trites of 358 • Somerset Street in acknowledgement of the correspondence forwarded to her from the Council _� Wary ,, /p/ meeting of February 18th last regarding the proposed social recreation centre at Somerset Street, and advising that her main concern relative to this project would not be satisfied ��npt34`�e7i� /DQ%, by a commitment to construct a fence, et cetera, as stated in that correspondence, as �+ her main objection has been and will continue to be the erection of the proposed recreation oZp/�ler'See centre adjacent of her property on Somerset Street for the reasons as staed in previous letters from her, and pointing out that the reason she wanted her property surrounded on three sides by the fence in-this regard is because there is no one to watch the children on her side except herself, and requesting a rep concerning this most important matter, be received and filed and a copy forwarded to the Acting City Manager and to the Recreation and Parks Department, and.that Mrs. Trites be advised of this action. Councillor Higgins, prior to making the above motion, had noted that with reference I9tB to the above named fence on three sides of Mrs. Trites' house, through the Recreation and C. ' Parks Department and the City staff the matter has been passed on to Central Mortgage and Housing Corporation, which is the sole contractor on this project, and the City staff, therefore, is 'acting.in the capacity of "watch -dog" to see that the fencing is properly carried out. /Cok F a&" �aS26Sr-07 ,&lerie5 Z--6 ?Pe -xmgihg ,V,l J0)0. .�//ilo./ /z T SAX �C!/BS�i-ro / itiors ee �3on�ta Ave. /MPromea� arts, S' / /vex F //s bpd l,,e o W. �r/ /WI9A 951$ � -APP-24--l" s�o XwAele o m� vy.*" "/teve ,062.0 e 6?ow ot sT,h: /hscga ,�OI+'1l P7i0II9 ,��b �str cam/ On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the letter from Miss Leola F. Ward'of X410 Douglas Avenue, requesting that the Douglas Avenue property of Eastern Baker Ltd., which she understands will be up for sale shortly, be rezoned in future to prevent its future use for commercial or industrial purposes in this residential area, be referred to the Planning Advisory Committee for a report and recommendation. On motion.of Councillor Murphy Seconded by Councillor Black RESOLVED that the letter from Mr. Philip J. Lee, Jr., of 395 Beaconsfield Crescent, Saint John West, submitting suggested alternative sites in West Saint John'for the arena proposed for this sector of the city, and advancing his reasons for desiring that the Lowell Street recreation area not be used as a site for the arena, be referred to the Rinks Committee for consideration and a reply. On motion of Councillor Murphy Seconded by Councillor Cave' RESOLVED that the petition from residents of Bonita Avenue and adjacent area in Silver FAils Park, requesting that the developer of this sub- division be caused•to complete improvements on Bonita Avenue, be referred to the staff for a report. On motion of Councillor Murphy Seconded by Councillor Higgins RESOLVED that the letter from Mr. Leo A. Savidant, proprietor of Gus' Barber Shop at 216 King Street, Saint John West, outlining the problem experienced by his customers on obtaining parking on this street and requesting that the situation be corrected, be referred to the Traffic Committee and to the Chief of Police. On motion of Councillor Murphy _- Seconded by Councillor MacGowan RESOLVED that the letter from the Financial Committee of the Saint John High School Drama Club, which was submitted by Mr. Richard G. Thorne, Faculty Advisor, Saint John High School Drama Club, advising that the Club's production of "Romeo and Juliet" has been selected as a participant in the.Dominion Drama Festival to be held in 1974 in St. John's, Newfoundland, and requesting that the Common Council consider granting the sum of $1,000.00 to assist the Club in meeting the expenses • r • u 4 %P7 ,— 't BY75 ,nep %P aftad& Tn�gs�� Seconded by Councillor Cave RESOLVED that the above noted letters of objection to the proposed closing of Long Wharf be referred to. the staff for „further study and for a report back to Council. S6!>� � elosih f 33 ui participating in the sain urama N'estivai, be received and filed and the City make a grant of $1,000.00 for the said purpose. It was agreed that the next meeting of Common Council, which is to be held on April 8th, will commence at 5.00p.m. On motion The meeting adjourned. -a �;,� Co on Cle At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the eighth day of April, A. D. 1974, at 5.00 o'clock p.m. present A. R. W. Lockhart, Esquire, Mayor Councillors Black, Cave, Higgins, Kipping, Murphy, MacGowan, Parfitt and M. Vincent - and - Messrs. N. Barfoot, Acting City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Assistant Director of Works - Operations, A. Ellis, Building Inspector, M. Zides, Municipal Planning Director, D. French, Personnel Officer, H. McKay, Chief of Police, P. Clark, Fire Chief, D. Carter, Economic Co- Ordinator, C. E. Nicolle, Director of the Recreation and Parks Department, R. Thompson, Assistant Redevelopment Officer, and F. Grass, Information Officer The meeting opened with silent prayer. On motion of Councillor Cave Seconded by Councillor Murphy RESOLVED that the Common Council extend its congratula- tions and warm good wishes to The Reverend Arthur J. Gilbert on his recent elevation to Bishop of Saint John. The Common Clerk advised that advertising was completed for the proposed closing of Long Wharf, and that the following letters of oMection have been received, namely: - from Canada Packers Limited, from Nason & Collier, Barristers, on behalf of Harbour City Transport Ltd., and from Canadian Pacific Railway Company. No person was present to speak to this proposed street closing. On motion of Councillor Murphy On motion of Councillor Higgins . Seconded by Councillor M. Vincent 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto” S¢� with respect to the closing of the entire street known as Long Wharf extending from its intersection with Main Street and extending its entire width and length southerly from the said Main Street, be read a first time. Read a first time 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 Made Under the Authority of ' Section 186A of the Municipalities Act 1966 and Amendments Thereto ". On motion of Councillor Murphy Seconded by Councillor Cave 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 Made /� /,,' Underrthe Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" f- OQ,o*Ae- with respect to the closing of the Entire street known as Long Wharf extending from its intersection with Main Street and extending its entire width and length southerly from the said Main Street, be read a second time. • Read a second time 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto ". 34, A The Common Clerk stated that with regard to the advertising, which has been completed, for the proposed closing of all of the former street known as Chesley 'Street not included in the new Chesley Drive and being on the north side of Chesley Drive, saving and • excepting that portion required for the extension of Bentley Street to Chesley Drive, a letter has been submitted by Mr. Wallace-D. Macaulay, Solicitor for Thorne's Hardware (1970) Limited, noting that a portion of the' area to be stopped up runs from Bentley Street westward along the frontage of lots which are to'be conveyed to the said company pursuant to the recent agreement made between the Irving interests and the Urban Renewal Partnership, and that this portion of the stopped up street forms part of that agreement and is to be.included in the foregoing conveyance; and the letter draws attention to the fact that the proposed stopped up street, however, continues westward to almost Merritt Street and fronts on those lands and premises now owned by the saidoompany and from which it carries on its present operations; that there is no objection by the said company to the proposed stopping up and closing provided it is done on the understanding that the part of the street which is so stopped up in front of its property will be conveyed to Thorne's and the amount of area involved will be included in the settlement relating to exchanged lands to,be dealt with under the foregoing agreement; and pointing out that this was dis- cussed at the meeting held February 28th, 1974 in the office of the Common Clerk together with Mr. Donald Cullinan of McKelvey, Macaulay, Machum & Fairweather, at which time the said solicitors reviewed with the Common Clerk and Mr. Frank Rodgers, City Solicitor, a plan showing the area of the former street known as Chesley Street lying on the north side of Chesley Drive which is to be stopped up and closed (and the saidsolicitors for Thorne's ' also went to Mr. Donald Buck's office and reviewed the matter with him) - and, Mr. Macaulay understands, was agreed to. Councillors Green and Gould entered the meeting. Mr. Rodgers stated that if the land exchange referred to in Mr. Macaulay's letter, which was already taken up by his firm's office with the Urban Renewal office, is satisfactory to Mr. Macaulay then Mr. Macaulay is really satisfied with the proposed street closing. It was noted that no person was present to speak to the said proposed street • closing. TlowheS i %/.�r,d On motion of Councillor Murphy W.7I'•eV7 %p��.t _ Seconded by -Councillor Slack RESOLVED that the above named letter from Mr. Wallace 41.911aee 0. D. Macaulay on behalf of his client, Thorne's Hardware (1970) Limited, with regard to 97 1/c B�Lt�c?� the proposed closure of a portion of Chesley Street be referred to the staff'for a report to Council prior to third reading of 'the amendment to the by -law for closing the portion of Chesley Street in question. On motion of Councillor Murphy Seconded by Councillor Green 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" 1 S%ee� with respect to the closing of all of the former street known as Chesley Street not included in the new Chesley Drive and being on the north side of the said Chesley Drive, saving and.excepting that portion required for the extension of Bentley Street to Chesley Drive, be read a first time. Read a first'time 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 Made Under the Authority of Section 186A '-of the Municipalities Act 1966 and Amendments Thereto ". On motion of Councillor Cave Seconded by Councillor Black • RESOLVED that the-by -law entitled "A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in Thecity of Saint John Made Under the' Authority of Section 1869 of the =:Municipalities Act 1966 and Amendments Thereto" with respect to the closing of all of the former street known as Chesley Street not C• included in the new Chesley Drive and being on the north side of the said Chesley Drive, saving and excepting that portion required for the extension of Bentley Street to Chesley Drive, be read a second time. "A Read a second time the by -law entitled By -Law to Amend a By -Law Respecting the topping U and Closing of Highways in The City of Saint John Made Under the Authority of ' ecti6n 186,A of the. Municipalities Act 1966 and Amendments Thereto ". The Common Clerk advised that advertising was made for the proposed closing of the entire widths and lengths of Winslow Street and Rodney Street, Saint John West, between City Line and Lancaster Street,(in the case of Rodney Street, the City will not close a 20 -foot easement for sewer purposes commencing at the intersection of this street with City Line and extending easterly a distance of 100 feet on the south side of the street), and that no objections have been received regarding either street closing. It was noted that no person was present to offer objection to same. ' On motion of Councillor Murphy Seconded by Councillor Higgins C1heet /� RESOLVED that the by -law entitled "A By -Law to Amend JG c/O a By -Law Respecting the Stopping Up and Closing of Highways-in The City of Saint John Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the entire length and width of Winslow Street between City Line and Lancaster Street, be read a first time. Read a first time 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 Made Under the Authority of Section' 186A of the Municipalities Act 1966 and Amendments Thereto ". I I I • Rlir/51oGC/ JiL art Ve_ ax • /Ae Rte/ 161 or/ aq! tW- 70g1*P?_ ' 44"grO dfde. /i • ��D'➢0�9 • '35 On motion of Councillor Cave Seconded by Councillor M. Vincent 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the enitre length and width of Winslow Street between City Line and Lancaster Street, be read a second time. Read a second time 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto ". On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting the Stoppirg Up and Closing of Highways in The.City of Saint John Made Under the Authority of Section 186A of.the Municipalities 'Act 1966 and Amendments Thereto" with respect to the closing of the entire length and width of Rodney Street between City Line and Lancaster Street, saving and excepting a.20 -foot easement for sewer.purposes commencing at its intersection with City Line and extending easterly a distance of 100 feet on the south side of,the street, be read a.first time. Read a first time 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto ". On motion of Councillor Murphy Seconded by Councillor Higgins 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 Made Under the Authority of Section 186A of the Municipalities Act 1966.and Amendments Thereto" with respect to the closing of the entire'length and width of Rodney Street between City Line and Lancaster Street, saving and excepting a 20 -foot easement for sewer purposes commencing at its intersection with City Line and extending easterly a distance of 100 feet on the south side of the street, be read a second time. Read a second time 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto ". On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and-Amendments Thereto" insofar as it concerns re- zoning properties at 13, 17, 19, 23 and 33 Main Street and at 116, 118, 120, 124 and 126 Bridge Street from "RM -1" Multiple Residential district to "B -1" Local Business district, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" was read in its entirety prior to the adoption of the above resolution. The Common Clerk advised that with regard to the proposed re- zoning for Woodhouse Limited, advertising took place to :-re -zone four lots being residence numbers 66, 68, 70, 72, 74, 76, 78 and 80 Lansdowne Avenue from "B -2" General Business for office use and "R -4" Up to four - family residential classification to "B -2" General Business for furniture outlet classification,'and first and second..readings _ of_the Zoning By -Law amendment in this connection were given by Council on:March-llth, 1974. He--stated that in a letter dated.April.2nd, 1974, Fourth F1oor.Holdings Limited,-on behalf.of Woodhouse Limited, requests that the advertisement for re- zoning of:the above. noted properties be amended by deleting therefrom any reference•to numbers�78-and 80 which.are owned by Mr. Albert Duplisea. The Common Clerk advised that a petition has been received from residents and property owners of the Lansdowne -Avenue area objecting to the proposed re- zoning of numbers 66 -80 Lansdowne Avenue, inclusive for the proposed use, and advising that these petitioners also object to any other proposed rezoning of additional lots in this area. The Common Clerk further advised'that Messrs. Debly and Gorman, Barristers, have submitted a letter, dated April 8th, 1974, advising that their client, Mrs. - Dorothy A. McManus, owner of properties located at 50 and 56 Lansdowne Avenue, opposes the proposed change of the present zoning of the above stated properties because it would -leave her property isolated.and surrounded by commercial development, sandwiched between the proposed Woodhouse development, the Thistle Curling Club and the cleaning plant of New System Laundry, and advising it is their :opinion that this proposed change of zoning and development would seriously depress: the sale value of Mrs. McManus '_ propert.y for residential use, and stating that this proposed development and re- zoning of the property immediately adjacent to Mr's. McManus' property appear to be proposed for the benefit of several large corporations while ignoring the rights. of. .the individual property, owners, and that their client, therefore, strongly protests the change in zoning of the said properties immediately adjacent or nearby her property and airs -the Council to reject the application for rezoning of the properties known a's -civic numbers 66 -80, inclusive, Lansdowne Avenue, to "B -2" General Business classification. Mr. R. Byron Gallant of 82 Lansdowne Avenue, representing the petitioners, was present and spoke in support of the brief which he submitted at this time, which states that these residents wish to maintain the area as residential asit has been for some sixty years and who do not feel that any re- zoning of the nature proposed is in the best interests of the residents who have been taxpayers for years. The brief registers the disapproval of these residents to the destruction of their residences for this proposed business when there are alternate locations available for it, and states that they feel that if the Council approves this re- zoning it will be accommodating Woodhouse Limited at 36, the residents' expense. The brief notes that7the proposal of Woodhouse there is not ample provision for parking, and no access to the property for loading purposes, except for the narrow, common alley between Dufferin and Lansdowne Avenue, which alley presently • not only services the residents but also the curling rink which is a very busy area October to May, inclusive; that the - proposed loading area for the furniture store of 17 feet.is hardly sufficient to park a full -size car let alone a furniture van; that the enclosed floor plan of the proposed building clearly shows that the by -law would be violated regarding commercial.parking; that further traffic in the said alley would endanger the safety of the children who live in the area and the children who use the alley as a route to and from the schools; that the present already congested - traffic situation on Lansdowne Avenue will be increased; that the residents -are deeply concerned over the possibility of damage.to .their properties. if and when work begins in.the tearing down .of existing properties and laying the foundation for the new store and they fear that piling might ' have to be driven in order the Woodhouse building to be erected, and they want to know who will be responsible for any damage to -their properties if and when this construction takes place; that a large .percentage of those signing the petition were born and brought up in these properties and thus have strong attachments to their homes and the petitioners would prefer to keep their homes and the neighbourhood as it is, with schools, churches, medical offices,,stores, banking facilities, et cetera, all within easy walking distance, and.with an existing furniture - outlet, as well „ and they feel that a comparable alternate location for them to relocate to would be difficult,.if.not.impossible, to find in this City. The brief,states_ that _ the.p.etitioners feel that.the construction of a furniture ' store in their midst will.be a' detriment to their,properties, their families and their way of life, and they trust that the Council will recognize their concern and disapprove the re- zoning in question. X6 - Xis P?/ "Y Aowv,; &PACs e ,r z7/oe, , otc�j y00l1" r5�o /did,�.P •C� Seconded,by Councillor Higgins RESOLVED that the by -law entitled "A Law to Amend the Zoning By- Law,of :The City of Saint John and Amendments Thereto" insofar as it concerns • re- zoning an area of,land on Lansdowne Avenue comprising,residence numbers 66, 68, 70, 72, 74, and 76 from "B -2" General Business for office.use and "R -4" up to four- family residential to. "B -2" General Business for furniture outlet, be read a third time and . During further discussion, Mr. Gallant pointed out that during construction of the Simpsons -Sears buildings in this area it was necessary, because of the nature of the soil, to drive pilings, and the properties of these residents.asuffered damage, but they were not able to recover costs, although they attempted to, through efforts of their solicitor. He stated that they do not want this situation to occur again. Councillor Higgins felt that if the Council is involved in the re- zoning of residential areas for business purposes ..��}} Tl //T9 there is some degree P.l om9ral.t esp' onsibilifyg onfthesparttofltheeCitggte Ven:ithough?noolegal • /ie"�ZO ✓ responsibility, towards the interests of the citizens, and he.suggested that a check be made, through the auspices-.of the Acting City Manager, as a courtesy to these residents d/ Ouo C K/00/L that the existing condition of their.properties be determined prior to any construction on the part of the Woodhouse project and recorded,.and that these properties :then be checked again by the developer after the construction work.was finished, so that their interests would be protected in the matter of payment of any damages that might occur to their pro - perties during such.construction. On the matter of adequate provision in the Woodhouse project for parking, Mr. Gallant stated that he has not been in discussion with Mr. Zides to determine the company's plans. Mr. Kenneth Holt, President of New System Laundry & Cleaners Ltd., was present and stated that the company was-not necessarily objecting to the re- zoning of the proposed ' �►/ (� business area, but, from..a business point of view, he felt it important to bring to the attention of Council.the_ following points: - it would appear that the thought is to remove the Woodhouse Limited business from King.Street to the Lansdowne Avenue location, and he feels that access to and from.rear loading areas is hardly adequate, from the plan he has seen of the proposed project, and he believes it will create further traffic congestion on Lansdowne Avenue and inthe area, and he further believes that the parking area shown on the proposed plan is.not sufficient. Mr'. Holt further stated that with regard to the common alley which is partly on New System property and which serves the rear of properties fronting on Lansdowne Avenue and those fronting on Dufferin Avenue, New System would like to know.who is to pay the taxes in this regard, as New System has been paying the taxes on this common alley and feels.it cannot continue to do so. Mr..Holt pointed out that it is most important that Lansdowne Avenue.be widened in anticipation of increased,traffic flow that will result from the new'hospital complex in Millidgeville that will be built, and in view of the present traffic flow to and from Millidgeville in.this location of Lansdowne Avenue. When asked.if he was familiar with the Woodhouse plans for the proposed Lansdowne • Avenue business site that have been before the Planning Advisory Committee, Mr. Holt made negative reply, and added that he is concerned about access to.the rear of the Woodhouse proposed property. He stated that the plan he saw was one that was circulated and dated around March 29th, 1974, but he is not familiar with the latest developments in the matter. The Mayor advised that the common.right -of -way referred to by Mr. Holt will be checked to see what the exact legal status.of it is, including the question of taxes with reference to same. At this time, Mr. Patrick Gorman, solicitor for Mrs. Dorothy A. McManus, was heard,' and he noted.that.his'client had signed.the petition regarding which Mr. R. Byron Gallant submitted a brief. He advised that the properties that are owned by his.client at 50 ii /G'�7F[ S and 56 Lansdowne Avenue are two 2- apartment structures on the one lot which fronts 101.8 feet on this street and has a rear line of.52.3 feet abutting the common right -of -way, and the age of these apartment buildings are approximately fifty or sixty years. He recalled that when these two buildings were erected, the site of the New System plant was a commercial use. He stated that no approach has been made to his client to.obtain an option to purchase these properties from her, and he further stated that.he does not believe she wants to reside.there.if the Woodhouse commercial.development.is permitted to locate next door to her home. Mr-Gorman admitted that, from a speculative point of view, his clients' property would increase.in value for.commercial use perhaps, but he stressed that from the point of viewof its present residential use he feels this property will decrease in value,.if the Woodhouse business locates as proposed. He suggested that it be made one of the conditions of re- zoning the proposed Woodhouse property that the property of his client be acquired, if the project is to be proceeded with. On motion of.Councillor Cave X6 - Xis P?/ "Y Aowv,; &PACs e ,r z7/oe, , otc�j y00l1" r5�o /did,�.P •C� Seconded,by Councillor Higgins RESOLVED that the by -law entitled "A Law to Amend the Zoning By- Law,of :The City of Saint John and Amendments Thereto" insofar as it concerns • re- zoning an area of,land on Lansdowne Avenue comprising,residence numbers 66, 68, 70, 72, 74, and 76 from "B -2" General Business for office.use and "R -4" up to four- family residential to. "B -2" General Business for furniture outlet, be read a third time and r 37 enacted and the Corporate Common Seal affixed thereto. • Councillor particular area wi now for the future of traffic, and he of this street and of construction of to be clarified at AOd1P4.4 • • Green felt that as the city develops in the North End of the city, this 11 become a commercial area, and that the City therefore should plan in having Lansdowne Avenue widened in anticipation of increased volumes also felt that the question of 'compensation to the present residents nearby area should any damages occur to their properties as a result the proposed Woodhouse commercial establishment, should be endeavoured this time. Councillor Gould made the following points and posed the following questions which he asked Mr. Zides to speak to:- the matter of commercial development along Lansdowne Avenue has been pretty well accepted, and the Land Committee members know of Fioposals for the corner of Lansdowne Avenue and Visart Street and he expects there soon will be action in that area; he feels that if the proposed Woodhouse property were to'be re -zoned there has to be some distinct understanding as to how we are going to control the matter of the demolition damages, and while the City may have no legal obligation there, he feels that the City certainly has a moral obligation the City.re -zones the area and contractors then are invited to come into the area and start demolition, and he feels that in some way you have to find some me:ans that can really identify damages causedby the contractors and by the development; what is Mr. Zides' own reaction with respect to adequate parking for the development which is proposed at this meeting of Council - he wants confirmation from Mr. Zides that, indeed, from what is going on and what Council has approved of, and what eventually will be approved of that this furniture store will have adequate off - street parking - he feels that in no way can the City permit parking along Lansdowne Avenue because it is going to be bearing heavier volumes of traffic as time passes; he feels that the City will have to determine what is going to be done about the common alleyway in question; with regard tothe McManus house, Councillor Goulds' personal feelings are that, certainly that lone property (the additional 101.8 feet frontage by 52.3 feet at the rear line) - he is satisfied that if this property is not needed immediately, it will be needed within a year, to provide parking for the business this furniture store will generate - he is therefore concerned about isolating the McManus property and he thinks that in some way we must communicate to the developer that the Council feels the Woodhouse company should reconsider the point that they are going to need more parking there than they believe they need at the present time; from the proposals that are now before Mr. Zides and the properties that are now before the Council for re- zoning and those that will come before Council within the next few weeks, is Mr. Zides satisfied that the Woodhouse company is providing adequate off - street parking for the business this company proposes to open at this location. In reply, Mr. Zides stated that the Planning Advisory Committee has looked at other furniture stores in the city and found that as a general rule, they do not seem to have a great amount of parking, so the Committee has said that it would be willing to' allow as-few as 10 car parking- spaces on the property in lieu of the 18 to 20 that would be required in the design; depending on how the Property is used -'that is, how much of'the actual building is put into warehouse rather than s'ales - at'this time, it appears to be an even split which means about 19 parking spaces; there are'two plans that the company is working on - one plan shows 10 parking spaces, and the other shows 17 parking spaces - it is a question not 'so much of the parking but of the ultimate shape of the building because there are two different designs; there was a lot of 'discussion at'the Advisory Committee meeting on the question of parking and two points were made, one being that the street is going to have to be widened and probably there should be no parking allowed on the said street, even now and thatthis regulation be enforced - secondly, if and when there is a sale that might draw people there in large numbers it would be easier for them to park across the street and take their chances to get across to the Woodhouse Store. Councillor Gould asked if Mr. Zides has investigated the matter of using the common alleyway to service the rear of the proposed furniture -sore, and�she satisfied that adequate provisions have been made for conducting a business of this type. Mr. Zides, replying the affirmative, stated there is no reason why it could not be done,•but, however, not if the property is owned in part by private interests the Advisory Committee has assumed that, like every other lane in the city, the-City has the prime interest but if that is not so, then we have another problem. In reply to Councillor Gould's question as to what use is proposed for the lot at the corner of Lansdowne Avenue and Metcalfe Street (for- merly occupied by the Ess0 service station), Mr. R. Thompson stated that the g14ASL are to re -zone that area for a five - storey building of multi -ffice use - a prestige building of a sort, and there is enough off- street parking on this corner site so that there will be no need for taking anybody else's parking space to serve the proposed office building. Councillor Gould asked if Mr. Zides has any suggestions as to how the Council might be able to tie down some of the items that have been raised at this meeting of Council. Mr. Zides felt that the most controversial conditions that have come out are the questirn of the access, the question of the'parking, the question of the loading, -and he thinks that the- Advisory Committee was making an attempt to get at some of those points by proposing that the re- zoning take place pursuant toS'ection 39 of the Community Planning Act, tying the site development proposal to the proper location of the building,-retention of some of the landscaping in the front, provision of at least 10 or more parking spaces, and the proper loading bay.,. He stated that in view of the shape of the' Woodhouse- land and the shape of the building which will be of quite a size, the Woodhouse company would have to-use part-of the common all -eyway for a backing movement, but they would be entirely off the said lane when they would be actually loading or unloading, He stated that he cannot answer the question of protectim of adjoining buildings during demolition and construction; as to the question'of somebody being stuck with a residential property between businesses, he felt that was pure conjecture, in a way - because it could be bad, or it might bring somebody in who might want to use one or more of those homesrforsoffices - anything is possible. Mr. Zides confirmed that there is another proposed re- zoning (of 62 and 64 Lansdowne Avenue) to come before Council in a few weeks, in addition to the proposed re- zoning now before Council for the Woodhouse company, and that once this company drops the option on 78 and 80 Lansdowne Avenue it picks up an option on the said 62 and 64 Lansdowne Avenue, and stated that it is important that, if Council wants to go ahead with the re= zoning, it ties the re- zoning to a proper over -all plan that is to be approved by the Planning office involved with the Common Clerk's office - that way, there is no mix -up becuase if something happens and the second option was not picked up and executed then there would be no building permitted on the site. Mr. Zides explained that the recom- mendation that the Planning Advisory Committee made was on the premise that if the re- zoning takes place at all it is now 62 -76, inclusive, on Lansdowne Avenue, or nothing; the fact that the recommendation that came from the Planning Advisory Committee meeting last week was based on'that premise. With regard to the question of timing, Mr. Zides stated that the proposal also was that the re- zoning take place on the premise that there would be a plan - Mr. Zides does not see how you can make a plan work without picking up that option and util- izing all the properties proposed for re- zoning, that is, 62 -76, inclusive, on Lansdowne 38 G4o,ed4vrrSeAfd �Osa/•p�j F /�O" .�%Olb6ifl,�� rhq .fly -.Caw fseee e� A( .4eal.7ir4 -i lee pesapise- ih9ff PV7Qe6,i'P,L, HVenue. LQUU: UL VUUiU UU6ULVUU LLIaL 1L Q4 a11U 04 LaUSUUwne AVU11UU are LLVL Le- "LVLleU, then there would be no relocation of.Wo6dhouse on Lansdowne Avenue and the City could stop issuing of the building permit, and this sort of thing. Mr. Zides felt that this • was a fairly safe statement. The Mayor confirmed Councillor Gould's observation that the opf oms:non many of these Lansdowne Avenue properties held by the Woodhouse people are due to expire in a few days. Councillor Gould pointed out that the Council, therefore, has to possibly make a decision in the proposed re- zoning at this meeting, which normally he would have moved to have tabled, because of the situation we are in - at the same time, the Council still has the proposed re- zoning of the other two properties to come before it, which are, so to speak, the Council's "ace -in- the - hole ". The Mayor pointed out that the larger area of properties was acquired in response to constructive comments that were made by the Planning Advisory Committee andby the Common Council; therefore, he believes that the company is trying very hard to put its proposal on a piece of Qroundaaxid in a way ' that will be.satisfactory to the Council and to.the community. He noted that, obviously, it is,going to be impossible to please everybody, but this is the purpose in acquiring the extra land., Councillor Gould commented.that at this late date, as a result of further detailed study and discussion, we do have two or three other items that we are concerned about, namely, the demolition and the McManus.property which ill be solated, and he feels that all those items which have been raised are worthy of further discussions and further considerations by Woodhouse, and he is.satisfied that between this meeting and the time that the Council.will be asked to re -zone 62 and 64 Lansdowne Avenue that these can, in some way,, be tied down, and he wants.to see them tied down. ' Councillor MacGowan, on being informed that the contractors or the developers carry insurance, asked if the insurance can be taken out on each individual property in the area involved, so there will not be this great delay. The Mayor replied that the contractor takes out insurance with regard to ,his own firm and on the properties on which the contrac- tor works, and the contractor is liable or not liable, as the case may be, according to the courts; this is not a jurisdiction of the Common Council - the jurisdiction of the courts aud.of the laws of the land; the contractors carry this protection in the event that they are found to be guilty and they are judged impartially by the courts. In the interests of finding short -cuts in the settling of damage claims and the paying of compensation, Councillor MacGowan asked if there are any such short -cuts so that any property owners • whose properties might:suffer damage as a result of this proposed project would not have to wait a long time to receive compensation. The Mayor noted, that in this discussion it places the Council in the position of being a judge - we are assuming there is going to be damage caused by.the company, and that if they do cause damage that, in some way, the Council is able to interfere between somebody who has a legitimate complaint and the courts and in some way influence either the settlement of it or the compensation of it; he suggested to Councillor MacGowan that this si completely outside the jurisdiction and domain of this Council. Councillor MacGowan felt that it is customary for the Council to try to protect the citizens, and stated that this is all she is trying to find out - that is,.if .there is any way, even if it required another by -law, to protect the citizens because their whole life savings go into these poperties. The Mayor stated that his reply is that there is recourse under the law, there is recourse protection available, under insurance which all of the companies carry, and there is recourse tothe courts; he would not presume to suggest that onecompany is going to cause damage and another one is not, ' and, therefore, he would have to take the position that all companies are going to cause (damage any time they go in to commence construction, and that is why the companies carry insurance policies.. Councillor Gould made the point that between now and the time the Council is asked to deal with the re- zoning of the final piece of property the items such as those raised by Councillor MacGowan can be investigated and we can come up with the best controls and the best protection for the people in that area that it is possible for us to, within the restrictions placed on us by the laws of this country. The by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments,Thereto" was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Murphy 0 Seconded by Councillor Black RESOLVED that the petition and brief from the residents and property owners of the Lansdowne Avenue area, and the letter from Messrs. Debly & Gorman, solicitors for Mrs. Dorothy A. McManus, owner of 50 and 56 Lansdowne Avenue,setting forth their reasons for objecting to the re- zoning of 66 to 76, inclusive, Lansdowne Avenue, be, received and filed. Councillor Gould suggested that the Acting City Manager's office investigate the items that were so thoroughly discussed at this meeting regarding the Woodhouse project, to see what the Acting City Manager can come up with. The Mayor replied that the Acting City Manager has already been asked to do so. On motion of Councillor Murphy Seconded by Councillor MacGowan RESOLVED that the by -law entitled "A By -Law Respecting Deferred Widening Under the Authority of The Community Planning Act" be read a third time and enacted and the Corporate =Common Seal affixed thereto. The,by -law entitled "A By -Law Respecting Deferred Widening Under the Authority of The Community Planning Act ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor MacGowan Seconded by Councillor Cave d RESOLVED that in accordance with the recommendtion of the Acting City Manager, the lower of two quotations received for supplying oner.ol ly ice resurfacing machine, namely, that of H. L. Leclair & Co. Ltd. of Montreal, Quebec, in the amount of $3,969.00 ($3,675.00 plus 8% P.S. Tax of $294.00, making a total of $3,969.00), be accepted. • F_ �%SSoe aeeee/ t� plate emn X¢e AtiW4 F1aoD9a ®� Fool. 39 On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that as recommended by the Acting City Manager the lowest bid received for supplying'Paris playground'equipment and parts, be accepted, namely, that of M. W. Garnett Associates, Saint John;-N. B. in the amount of $8,029.25, less 5% if paid in ten days, plus 8% P.S. Tax of $610.22, making a net price of $8,238.01. On motion of Councillor Cave Seconded by,Councillor Gould RESOLVED that as per the recommendation of the Acting City Manager, the lowest quotation received for the supply of plastic rink boards for the Lancaster and Simonds Centennial Arenas, namely, that of Plasticraft Ltd. of Saint John, N. B. in the amount of $6,460.92, plus 8% P.S.. Tax of $516.87, making a total price of $6,977.79, be accepted. On motion of Councillor Green Seconded by Councillor Murphy RESOLVED that as recommended by the Acting City Manager, tenders be awarded for supplying traffic paint and Varsol required for street marking, as recommended on the submitted summary of bids sheet, the total amount of the bid accepted being $15,904.36 in cost. In reply to Councillor Davis' query as to how the above pri-ce compares with 1973 price, Mr. Barfoot stated that the price has'been considerably -� increased- considerably'-, more than twenty per cent.` Council-lor'Davis indicated- that he will check on this point personally, at another time. On motion of Councillor Murphy Seconded by Councillor M. Vincent RESOLVED that in accordance with-the-Acting City Manager, approval be given for payment of the invoice from Stephen Construction Co., Ltd. in the amount of $5,816.86 for the supply of asphalt to the Works Department during the period March 21st to 31st, 1974, this material having been purchased for filling potholes, On motion of Councillor MacGowan Seconded by Councillor Murphy RESOLVED that as per the recommendation of the Acting @ ity Manager, authority be granted for payment of the invoice from D. Hatfield, Ltd. in ' the amount of $2,275.11 for the supply of equipment of the Works Department during the period March lst,to 15th, 1974. ..- ar a, R�C'o��le D9.1l,k 47 sac✓, .4.0qp/e • , � %r Groa�fs Ass ". (3 ,P,Y f�f03/ C/6i6Y®oe Apose /01; Soul e%- On motion of Councillor Green Seconded by Councillor Murphy RESOLVED that in accordance with the recommendation of the Acting City Manager, authority be granted for payment of the following construction progress certificates and approved invoices for Engineering Services in connection with pro- jects undertaken under the Department of Regioal Economic Expansion programme: - 1. Lorneville Western Industrial Water Supply (a) Construction of 24 -inch water supply line, Contract Number 2 La Societe Lavoie Inc. Total Value of Contract $ 659,033.25 Total value of work done, Estimate Number 6 647,929.05 Retention 60,000.00 Payments previously approved 534,936.70 Sum recommended for payment, Certificate Number 5'; On motion of Councillor'Goul'd Seconded by Councillor Murphy RESOLVED that as recommended by the Acting City Manager, approval be given for payment of the following construction progress certificate on a contract for the following noted project which is included in the Capital Budget:- 1. Forest Hills - Standby Power Installation E. S. Stephenson & Co. Ltd. Total Value of contract, Proposal Number 20, November 1, 1973 $ 7,632.00 Previously paid Nil Hold -back 1,908.00 Sum recommended for payment, Invoice Number 1836, March 6, 1974 $ 5,724.00 On motion of Councillor Gould Seconded by Councillor Green RESOLVED that the letter from the Acting City Manager April 2, 1974 $ 52,992.35 (b) Supply of Eel Trap and Screens J Apex Machine Works Ltd. Total value of contract $ 4,428.00 Total work done 4,428.00 Retention Nil Sum recommended for payment, Invoice Number 10961, March 26, 1974 $ 4,428.00 2. Hazen Creek Sewage Treatment Plant Godfrey Associates Ltd.- - Engineering Services Payments previously approved $ 13,087.19 Sum recommended for payment, Certificate Number 22, February 28, 1974 $ 268.25 On motion of Councillor'Goul'd Seconded by Councillor Murphy RESOLVED that as recommended by the Acting City Manager, approval be given for payment of the following construction progress certificate on a contract for the following noted project which is included in the Capital Budget:- 1. Forest Hills - Standby Power Installation E. S. Stephenson & Co. Ltd. Total Value of contract, Proposal Number 20, November 1, 1973 $ 7,632.00 Previously paid Nil Hold -back 1,908.00 Sum recommended for payment, Invoice Number 1836, March 6, 1974 $ 5,724.00 On motion of Councillor Gould Seconded by Councillor Green RESOLVED that the letter from the Acting City Manager 40 advising that the Fire Chief has reported on the absence of mandatory identification of the contents of ,vehicles transporting dangerous chemicals through the City of Saint John, which is essential in the case of any accident involving these vehicles, so that the proper• precautionary and corrective actions can be taken by'Police and Fire personnel called to the scene of such an accident, be received and filed and the following resolution which is recommended by the Acting City Manager, be adopted, namely,:- "WHEREAS the transportation o'f hazardous chemicals through our cities has increased 26~atews at an alarming rate; C/ 7;w /s AND WHEREAS It is absolutely necessary to identify such chemicals by proper 'Truck idey�iCv"►� /OI7 Placards', so as to inform those faced with the responsibility of combatting the results of an .accident involving such hazardous chemicals, as to the characteristics of said chemicals so that they may apply the proper and necessary application to resolve same: S.2.4-07 C THEREFORE BE IT RESOLVED that the Common Council of the City of Saint John go on I' 111eohr 0AY Syst/s iP7 ti 0^21 C'ouh�i/ record as requesting and encouraging the Provincial Government to pass the necessary legislation that would make it mandatory for'all vehicles - transporting hazardous chemicals by sea, road, rail or air, to 'placard' said vehicles - said placards to inform all concerned as to the type of contents being carried." On motion of Councillor Murphy Seconded by Councillor MacGowan RESOLVED that the letter from the Acting City Manager advising that the Council of the-City of Hamilton, Ontario, is requesting support from other cities throughout Canada for mandatory installation of sprinkler systems in high rise buildings and that city is attempting to convince the National Research Council to amend the National Building Code so as to provide such a regulation, and further advising that it is theopinion of Fire Chief Clark, which the Acting City Manager fully supports, that regardless-of what has been said in the National Building Code that it should be mandatory to install automatic sprinkler systems in all high rise buildings, and that the Common Council by resolution should support the efforts of the said City of Hamilton, be received and filed, and as recommended by the Acting City, Manager, the following resolution be adopted, namely:- "WHEREAS the total evacuation of a high-rise building in the event of a fire is extremely difficult; AND WHEREAS theNational Building Code of Canada, Supplement Number 3 'Measures for Fire Safety in High Rise B'uRdings', recommends several options for the protection of the occupants and structures from fires; AND WHEREAS Measure 'A' recommends a.completely sprinklered building; AND WHEREAS this method of fire protection for high rise buildings is the most efficient and practical inasmuch as sprinkler systems extinguish orcontrol fires in the incipient stage and hence limit the generation of smoke and fire damage; AND WHEREAS other methods of smoke control such as the pressurization of buildings are considered to be in experimental stages and have not been proven in practice: THEREFORE BE IT RESOLVED that the Common Council of the City of Saint John go on record as strongly endorsing the policy of automatic sprinkler systems in all high rise buildings: AND FURTHER that the National Research Council be petitioned and urged to incor- porate such regulations into the National Building Code." Councillor Davis indicated that he would upport the above resolution although it was his feeling that the Council did not have enough information and was delving into something a little too technical for it to become involved in. He also felt that the Council should wait for the National Research Council to recommend that we do something on the subject. Councillor M. Vincent, who is Deputy Fire Marshal, pointed out that from a fire service point of view, the intent of the resolution wasnot to make it a fire -safe building, but it would make it a fire - safer building, and such action will improve the high rise buildings. Councillor Davis withdrew from the meeting. L I 0. Councillor Murphy suggested that the Common Council try to have the National Building Code changed as it now permits houses to be built with only one exit; he suggested, i yj that this Council place a motion on the agenda of the forthcoming meeting of The Cities of New Brunswick that is to be held in Saint John, regarding this situation. Councillor MacGowan advised that a resolution was passed at the last meeting of The Cities of New Brunswick on this particular subject and teh resolution is being forwarded to the execu- tive of the Canadian Federation of Mayors and Municipalities, and, also, a great many women's groups are getting involved in this question. Seh made the suggestion that this Council at this time request other major cities in Canada, particularly with women's involvement, to take up the matter of this change in the National Building Code. The , Mayor asked that Councillor MacGowan bring a submission in written form in this regard so that the Council can study it and arrive at a position at its next meeting. On motion of.Councillor Murphy Seconded by Councillor Black RESOLVED that the report for January of the Maintenance and Supply Division of the Works Department be received and filed. Councillor Cave commended the Acting City Manager and Mr. J. C. MacKinnon, Assistant Director of Works - Operations, for the improvement that has been accomplished at the • Rothesay Avenue plant. r On motion of Councillor Gould !' Seconded by Councillor Higgins q- / -Qy RESOLVED that the letter from the Acting City Manager, m ks v� advising that subsequent to Common council's ratification on April 1st, 1974 of the sP,D'vklee Committee of the Whole decision to provide ambulance service to East Riverside, Kingshurst, Renforth and Rothesay, the Mayor of Fairvale, through His Worship Mayor Lockhart, arranged to forward his Village's cheque for its portion of the 1973 deficit, and Mayor Lockhart in turn accepted the cheque with the understanding that the Village of Fairvale would be classified with those communities mentioned above for ambulance service, and recommending that the Common.Council ratify the extension of ambulance service to Fairvale, and that the cheque for their shar of the 1913 deficit, in the amount of $1,500.00, be negotiated, with ������� a user rate of $34.00 Be set for the Village of Fairvale, and that the administrators of the Saint John General.Hospital be so informed, be received and filed and the recommendation A/o .4,R. adopted. // On motion of Councillor Higgins Seconded by Councillor Murphy, ,002-.- ( RESOLVED that the letter from the City Solicitor /'s ( in reply to the request made at the April lst, 1974 meeting of Common Council for a legal opinion respecting the request from the Board of Trade that the City grant to the Saint 1yove'l-"Zor � /-pelt John Student Housing Corporation Limited a right of first refusal on a portion of land which had originally been set aside fox the student housing project, and, in particular, the implications of the granting of a "right of first refusal ", be received and filed. On motion of Councillor Murphy St!i �9 Seconded by Councillor M. Vincent 4S/ RESOLVED that the letter from the City Solicitor stating that the Acting City Manager and the Fire Chief have discussed with him the need for a revised fire permit to be issued by the City of Saint John Fire Department, and that the present section of the by -law under which a fire permit is issued does not empower Ape, the Fire Chief to impose terms and conditions which he believes are needed in connection Vordl &IS with the issuance of such a permit, and that it is therefore recommended that first and Alt-0 C Lie second reading,, be given to the submited amendment of the by -law relating to the Fire �9 Department of the City of Saint John, be received and filed: AND FURTHER that the by -law entitled, "A Law to Amend a Law Entitled 'A Law Relating to the Fire Department of The City of Saint John and to Protection Against Fires and to Provide for the Better Extinguishment of Fires in the City of Saint John'" be read a first time. Read a first time the by -law entitled, "A Law to Amend a Law Entitled 'A Law Relating to the Fire Department of The City of Saint John and to Protection Against Fires and to Provide for the Better Extinguishment of Fires in the City of Saint John ".: On motion of Councillor Green Seconded by Councillor Murphy F1� �� RESOLVED that the by -law entitled, "A Law to Amend a ' Law Entitled 'A Law Relating to the Fire Department of The City of Saint John and to Protec- -NY ` ( ?A/ tion Against Fires and to Provide for the Better Extinguishment of Fires in the City of Saint John "' be read a second time. Read a second time the by -law entitled, "A Law to Amend a Law Entitled 'A Law Relating to the Fire Department of The City of Saint John and to Protection Against Fires and to Provide for the Better Extinguishment of Fires in the City of Saint John". The Mayor made note that this is the twenty -fifth anniversary of the entry of the province of Newfoundland into Confederation, and that, moreover, the similarity of names • �� p between our city and eat province's capital city and the founding by people of English descent of that city is of paramount importance to us all. On motion of Councillor Murphy 62_ Seconded by Councillor Green lahAi0v RESOLVED that the congratulations of the Common Council ti and the citizens of the City of Saint John be extended to theprovince of Newfoundland through the City of St. John's and its Mayor, Dorothy Wyatt, on that province's quarter ' $¢,J�j0$ i century anniversary of entry into Confederation. A- letter from the City Market Committee, dated April 4th, 1974, was considered in which the Committee advises that with regard to the matter of proposed.painting and /or repairs to the City Market, a meeting was held by the Committee with invited representatives from the Saint John Historical Society, the Civic Improvement and Beautification Committee, and the City Architect, Mr. Randy Dhar, and subsequently decided on a colour scheme for / 6Oftpe painting the upper portion of the building, and tenders were called and received; that, in 6p ,y the meantime, Councillor Black, Chairman of the Committee, received a letter on behalf of a group of local architects requesting that the painting of the building be delayed pending a comprehensive design study to determine how the Market could be restored to its original / vj4ea` condition, at reasonable cost and with minimum disruption in its daily operation; that Councillor Black called a second meeting of the City Market Committee, attended by Mr. Dhar, representatives of local architects, Councillor MacGowan, Chairman of the Beautification Committee, and representatives of the -Saint John Heritage Trust who had also written regard- , ing the matter; that as a result of the said meeting, the City.Market Committee is recommend - G`_ �•__L ing that the approved painting be..delayed until the suggested study can.be carried out. 2Ota.t Councillor Black stated that he was authorized on behalf.of the City Market Committee to ap point a committee to do an evaluation of the Market and to delay the painting of the •��/I� building which had been authorized by Common Council to be done preferably before the !7 summer season. He advised that he has initiated action for the setting up of such a committee to make the study requested by the abovementioned people, but since that time, he has L6 n wig been in touch with the City Architect and with Mr. David Carter, Economic Co- Ordinator. LLO�" 42- /,bj 7 t 7w; ve- iqg�awi-sqs X611lF� pw -h o, f xpav Ae�itiy el ty gyp• P�vn�if1401 Tri %own flea /� 'Y 106 ` i ' /�f4r_J 070 /Vi 10� PrpB,— /Kco- evot /se %/ g1�pPp% q�jYl 6P9�S� Sid'ewa //F 06e0107 41'es¢ ,vay nn�cr�2cia Lc3iv��pp6e t�oelfar/vaead �d �'ranz� mae1w ®ee ; fdd s. Noting that there is an item on the agenda of thismeeting, for Committee of the Whole, session, regarding an urban design study for the city core, Councillor Black expressed the view that the design study of the Market would tie in with same. He suggested that • either the said Committee of.the.Whole item be brought into open session and discussed at this time, or that the City Market. _item be referred.to the Committee o'f the Whole and considered with the said urban design study item. The Mayor advised that one reason that the.urban design study item was placed in Committee of the Whole was because we have an agreement with the Minister of Urban,Affairs that the Minister would make the announcement regarding the matter - we do not have the, right to make it public. The Mayor, as Clerk -of the Market, authori.zed.Councillor Black „ on the basis of the above named letter from the City Market Committee,. to delay, the expenditure of the funds in question, and.to further investigate and report. back to.Council. He commended ' Councillor Black for his.insight and sensitivity on this issue. Councillor Cave felt that immediate action has to be taken to alleviate the problem that is being experienced by the City Market tenants and their,customers in the need for parking spaces, and that the installation of 30- minute parking meters on North and South Market Streets would provide approximately 36 spaces, which if enforced for the 30- minute parking would permit a good volume of.parking daily. He asked that the Acting City Manager take this matter up with the Chief of Police and the Mayor and Councillor Black and the appropriate City staff „members, and submit.a recommendation to Council. , Mr..'Barfoot stated that he will comply with .this.request. On motion of Councillor. Murphy,, Seconded by Councillor Black RESOLVED that as requested by the Redevelopment Officer, lauthority be granted for payment of the following accounts in the total amount of $1,820.00 that.were.incurred for appraising the following properties in connection with the acquisi- tion of properties for the.North End Urhan,Renewal Scheme, and that these accounts be charged against the pro ct.and shared in the usual way,._the approval of the Partnership for the payment of the said accounts having been acknowledged;- Tri -Town Real F- 6 -19 -15 _ L- 6 -19 -17 L- 6 -19 -18 F- 6 -19 -14 L- 6 -19 -16 .., 10 -12 Nelson Street . ) 13 North Market Wharf) 10 -11 North Market Wharf) lb Nelson Street 15 North Market Wharf Appraisals Ltd. Site "L” Metcalf & Lansdowne Avenue On motion of Councillor Murphy Warehouse & Transport Ltd W. F. Allan W. F. Allan $ 490,00 $ 280.00 $ 350.00 $ 700.00 Seconded by Councillor Green RESOLVED that the letter from the Cities of New Brunswick submitting a request from the Provincial - Municipal Council that the City of Saint.John and others on the said Council submit comments and observations on various subjects, for discussion. at the next meeting to be heldin Saint John on April 27th by the Cities of New Brunswick, be referred to staff for comments and observations to be submitted to the said Cities of New Brunswick. On motion of Councillor :Murphy Seconded by Councillor Green RESOLVED that the letter from the Cities of New Brunswick seeking the comments and observations of the City of Saint John with the City's indication • of its position regarding the question of amending section 12 of the Community Planning Act whereby councils of cities and towns would be authorized to- appoint the Chairman of the Planning Advisory Committee, be referred tothe Planning Advisory Commitee for comments and a recommendation to Common Council. On motion of Councillor Balck Seconded by Councillor Murphy RESOLVED that the letter from the Board of Trustees of School District Numbr 20 rquesting that the Common Council authorize the construction of a sidewalk on the northern side of Loch Lomond Road from Graham's Brook to Lakewood School for the safety of school children who must walk to the said school, be referred to staff for a report. Councillor Murphy asked that the above requested report include an estimate of cost for providing a sidewalk from the Spruce Lake School to Colpitts Avenue, in Saint John West. Councillor Kipping withdrew from the meeting. On motion of Councillor Murphy J Seconded by Councillor Cave RESOLVED that the letter from Mr. E. Lloyd Lake, President of Courtenay District, Boy Scouts of Canada, advising of the proposal by Courtenay District and endorsed by Woolastock, Great North and Kennebecasis Districts that the 1975.International Camporee be held in Saint John on May 2nd, 3rd, and 4th, which proposal is also supported by the Provincial Commissioner, Mr. Herbert Northcott and the District Commissioners, and further advising that this gathering will bring 600 Boy Scouts and leaders to this city and__th -at approval is sought to hold this Camporee on a suitable site in Rockwood Park; and requesting that the Mayor of Saint John attend the opening of the Camporee, and further advising that nay grant of money or consideration MW towards the success of this venture from the Common Council would be appreciated, be received and filed and the request to hold the Camporee at Rockwood Park be referred to the Rockwood Park Advisory Board for consideration and approval and that the City staff be requested to investigate the matter of the requested grant. F_ 0 On motion of Councillor Murphy Seconded by Councilor Green 149YW, 11 2f_ Resolved that the letter from Mrs. M.V.Teed, Co- Convenor for Loyalist Day Cermonies, New Brunswick Branch of the United Empire Loyalist's Association of Canada, advising that plans are being formulated for the usual ceremonies, including the raising of the flag and the youth ✓�S �s:o�° parade, to be held on May 18th, Loyalist Day, and asking for the usual co- operation in this regard from the Mayor and Common Council, be received / and filled and the usual support.be given for these observations. ' On motion of Councillor Murphy Seconded by Councillor Green P RESOLVED that the petition from residents of Francis and Allison Streets, Saint John West, advising of damage to the / a➢ a basements of their homes and contents of the said basements,caused by the backing up of sewers, and that they have learned that the problem is caused Aaaahels v- by sewers pipes that are not large enough to carry away the surface water, %f /�j'�rv/y�'�5� and requesting that immediate action be taken to rectify this condition. On motion L- n U The meeting adjourned Common Clerk `d Cille 6?" e.#7 �f 6/ ester% assessmeav" +�/67C i^ea7 Se'S preml rl- /���/VV/11 /7/S eiep-, i) &4t 4AC711 At a Common Council held at the City Hall, in the City of Saint John, on Monday, the twenty- second day of April, A.D. 1974, at 4.00 O'clock p.m. present Thomas J. Higgins, Esquire, Deputy Mayor, presiding in the absence of Mayor A.R.W.Lockhart Councillors Black, Cave, Davis,Green,Kipping,Murphy, McGowan, Parfitt, A.Vincent and M. Vincent -and- Messrs. N.Barfoot, Acting City Manager, R. Park, Commissioner of Finance, F.A.Rodgers4 City Solicitor, C.J.MacKinnon, Assistant Director of Works - Operations, C. Robichaud, Assistant Director of -rn,:;,:W.orks- Engineering, P. Clark, Fire Chief, H. McKay, Chief of Police, R. Dhar, Supervisor of Technical and Inspection Services, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, R. Thompson, Assistant Redevelopment Officer, C.E.Nicolle,Director of the Recreation and Parks Department, J.Gabriel, Assistant Director of Parks, D.French, Personnel Officer, and F. Grass, Information Officer The meeting opened with silent prayer On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that minutes of the meeting of Common Council, held on April 1st last, be confirmed. Councillor.Green called attention to the fact that the motion that was adopted at the above meeting as a result of the letter submitted by him to Council regarding the recent heavy increase in property assessments in the City of Saint John omitted the words "in this city ", and that in motion should therefore read, ','That the Common Council ask the Premier and the Minister of Municipal Affairs of the Province of New Brunswick to check into the situation of the recent heavy increase in property assessments in this city and in this province with a view to amending same." He asked that the said minutes be so corrected. Questions being taken, the motion was adopted for confirmation of the said minutes, as corrected by Councillor Green's notation. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that the minutes of the meeting of Common Council, held on April 8th last,, be confirmed. On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that the by -law entitled, "A Law 1 0 • • J 1 • I I • J E • f.;Ie meale 5vpw?,?�_ t9kjv 9 % W /qs /(V / .5*Lzkve E/oS/if _170&eP7&y -TV-. to Amend a Law Entitled 'A Law Relating to the Fire Department of the City of Saint John and to Protection Against.Fires and to Provide for the Better Extinguishments of Fires in the City of Saint John"' be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A Law to Amend a Law Entitled 'A Law Relating to the Fire Depatment of the City of Saint John and to Protection Against Fires and to Provide for the Better Extinguishment of Fires in the City of Saint John ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Green Seconded by Councillor Murphy 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 Made Under the Authority of'Section 186A of the Municipalities Act 1966 and Amendments Thereto "with respect to the closing of the entire length and width of Winslow Street between City Line and Lancaster Street, be read a third time, and enacted and the Corporate Common Seal affixed thereto. On motion of Councillor Green -.::.. Seconded by Councillor Murphy 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 made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments= Thereto" with respect to the closing of the entire length and width of Rodney Street between City Line and Lancaster Street, saving and excepting a 20 -foot easement for sewer purposes commencing at its intersection with City Line and extending easterly a distance of 100 feet on the south side of the street be read a third time and enacted and the Corporate Common Seal 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto ", was t - read in its entirety prior to the adoption of the above resolution. A_ Q On the motion of Councillor Cave Seconded by Councillor Murphy prepared to achieve this end - -be received and filed. Mr. Buck assured the.Council that the above named arrangement is satisfactory to Mr. Macaulay's clients. On motion of Councillor Cave Seconded by Councillor Murphy 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of all the former street known as Chesley Street not included in the new Chesley Drive and being on the north side of the said Chesley Drive, saving _,t and excepting that portion required for the extension of,Bentley Street Ch es /ey ay to Chesley Drive, be read a third time and enacted and the Corporate Common Seal affixed therto. 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 7.ohn Made Under The Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto," was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the letter from the Redevelopment Office advising that with regard to the proposed closing of the entire street Oh� known as Long Wharf and the letters of objection to such closing which were J/ /1aek; 7;'zp7s- received by the Common Council at its meeting held on April 8th last from ~ Black's Transfer Limited, Canada Packers limited, Nason & Collier,solicitors �7ar7ada for Harbour City Transport Ltd., and from Canadian Pacific:Railway Company, and which were referred to staff for further study and a report back to Council -- advising as follows: -(1) the major objection appears to be the fear Tr�rs�oor�t�C that trucks no longer will be able to use Long Wharf -, Main Street and the CPR Viaduct to proceed to the central business district - the solution to this objection is that it is expected that the Hilyard Street extension will be 0 • • 0 RESOLVED that the letter from the Redevelopment LA�fja� Officer in response to Council resolution of April 8th,1974 which requested a report from staff prior to third reading of the amendment to the by -law for the closing of a portion of Chesley Street, advising that a meeting was held with Mr. Wallace D. Macaulay, - solicitor for Thorne's Hardware (1970) Limited, prior to requesting the Street closing, and assurance was given ` �IJbT�417eS to Mr. Macaulay that the portion of the original street which forms part �% N�Ld.7N6 of the lands to be exchanged between the-company and the City would be P70 exchanged and that the value of this land would be negotiated as agreed, and further advising that it is the intention of the Urban Redevelopment Office to transfer title as agrred and that the surveys and documentation are being prepared to achieve this end - -be received and filed. Mr. Buck assured the.Council that the above named arrangement is satisfactory to Mr. Macaulay's clients. On motion of Councillor Cave Seconded by Councillor Murphy 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of all the former street known as Chesley Street not included in the new Chesley Drive and being on the north side of the said Chesley Drive, saving _,t and excepting that portion required for the extension of,Bentley Street Ch es /ey ay to Chesley Drive, be read a third time and enacted and the Corporate Common Seal affixed therto. 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 7.ohn Made Under The Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto," was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the letter from the Redevelopment Office advising that with regard to the proposed closing of the entire street Oh� known as Long Wharf and the letters of objection to such closing which were J/ /1aek; 7;'zp7s- received by the Common Council at its meeting held on April 8th last from ~ Black's Transfer Limited, Canada Packers limited, Nason & Collier,solicitors �7ar7ada for Harbour City Transport Ltd., and from Canadian Pacific:Railway Company, and which were referred to staff for further study and a report back to Council -- advising as follows: -(1) the major objection appears to be the fear Tr�rs�oor�t�C that trucks no longer will be able to use Long Wharf -, Main Street and the CPR Viaduct to proceed to the central business district - the solution to this objection is that it is expected that the Hilyard Street extension will be 0 • • 0 I 7i ao SAP' •ac.7�adfa Ak-keo -s s IC. 7"; P, 5Ka+eee C /A�.%/;P7,0 • X&Ay G1/%ZPf n LJ * ®cce? /y.. Ai �`avrt0 �.!pe,00ovj completed in the near future and will provide the same access and egress to the Cold Storage Plant and the Canadian Pacific Railway freight sheds, requiring only that the trucks travel one additional block northward to Portland Street and then onto Main Street- this same route can be used in reverse by trucks travelling to'these destinations fron the central business district; (2) the objection of Canada Packers Limited is that closing this street will deny the company's trucks access to the rear loading door, thereby causing them to utilize the loading ramp at the other side of the building, which the company claims would be extremely difficult- -the company has no access to this loading door from Long Wharf street except by trespassing over lands which are owned by the City - -be received and filed, and the said companies be informed of the contents thereof. On motion of Councillor Murphy Seconded by Councillor Green 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the entire street known as Long Wharf extending from its intersection with Main Street and extending its entire width and length southerly from,the said Main Street, be read a third time '. -:.and enacted and the Corporate Common Seal 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and.Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. The Council members agreed to deal at this time with the agenda item from the Rocca Group Limited, namely, its request for re- zoning of the New Brunswick Protestant Orphanage Commercial - Residential classification, and the request that the Council authorize the necessary advertising at this meeting so that this matter can be finalized in late May. The letter from the company,' states that the company will be appearing at the meeting of the Planning Advisory Committee to be held on April 23rd next to present its development plans to the Committee. Mr.. Pat Rocca, President of the above named company, Taas present and advised that the proposed.development would cost .approximately sixteen million dollars - -ten million of it to be for_hoysing including senior citizen housing, and the remaining six million for a comme.rcia•l development., He advised that a private .meeting was held over the past week -end with citizens of the immediate area that would be affected the most by the proposed project and the project was explained to them.in general terms, and probably another meeting will be held with them. He stated that these residents offered constructive points at that meeting and these points, to some extent„ will be used in the development plans, and the plans will be brought before Council as soon,.as there are exact details ready to be submitted. He asked that the Council give first reading to the amendment to the Zoning By -Law regarding this requested rezoning,'at this meeting of Council. Councillor Black raised the question of the number of shopping areas that now exist in the City of Saint John and that this creates a situation of competition for survival among the various retail outlet--tenants of these shopping areas. He asked if research has been done, or a survey, on the necessity of another retail outlet in the area in question, which is predominantly a.lovely residential area at this time. In reply, Mr. Rocca stated that over at least a two -year period.a national chain has said that they definitely want to be in that market and several other developers have been after that property;in the,ir own way, they have established in their minds that it can be viable. He stated that the Rocca Group Limited has done its own private market study and has engaged a firm that has been, and is, carrying on an independent market study; the company will.have an official market study ready for the Council when it makes its official presentation regarding this proposed development. 7 J 01. 0 /.P age Property �aeea '�uP inq 4k- y 7nepw ve .Y2SA4e* 1U 52wWoe'10.0 `��o. Arie &OM2 mores a '51ey o0 P27V P7f The Deputy Mayor commented that it woudl beimfair to Mr. Rocca and to the Council for the Council to consider a motion for first reading at this time and the motion perhaps be defeated; in addition, there is the fact that the re- ' zoning matter has not yet gome before the Planning Advisory Committee. At this time, Councillor A. Vincent, with the consent of Councillor Cave, withdrew the proposed motion. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that the letter from the Acting City Manager, advising thatithe five -.year contract with Stephen Construction Co.,Ltd. for the supply of asphalt to the City expired on December 31st, 1973 and that the contract made provision for a renewalfor three further two -year periods if notice had not been given by the Company of its intention to terminatle the agreement,y and further advising that the Company has not given such notice, and, therefore, it is in order for the contract to be renewed from January lst,1974 to December 31st, 1975 at prices for asphaltic mixes as calculated according to Paragraph 6(3) of the contract for the said period -this calculation does not reflect the increases that have taken place in the last six months in the price of petroleum products, including liquid asphalt and recommending that the contra with the said company for the supply_of asphaltic mixes be renewed at the following costs per ton, namely, for binder $7.34; for Government mix $7.86; for 3/8 -inch seal $8.46; for sand seal $9.00 - -for 1974- 1975 -- and that the Mayor and Common Clerk be authorized to execute on behalf of the City the renewal of the contract -- be received and filed and the recommendations adopted. Councillor Kipping stated that he has been concerned about the 1 deterioration of the asphalt on city streets, for example on Chesley Drive, and he suggested that perhaps it would be beneficial for the City to have competition in the supplying of its asphalt requirements. Mr. Barfoot explained that Chesley Drive was paved under a contract called and the supplier of that materialwas not the City's asphalt supplier. He pointed out that the paving of Chesley Drive was the result of a tendering procedure. Councillor Kipping • stated that there are various other streets throughout the city where new asphalt has broken down in a very short period of time. Councillor A. Vincent discussed the matter of asphalt prices under the contract escalation clause. Councillor I On motion of Councillor Black • Seconded by Councillor M.Vincent RESOLVED that authority be granted to proceed to (4- advertise the proposed re §zoning for the Rocca Group Limited of the New Brunswick Protestant Orphanage property-at the corner of Manawagonish Road and Manchester Avenue from Institutional to Commercial - Residential classification, and toadvertise the proposed amendment to the'Municipal Development Plan in this regard. Councillor Black advised that he was not in favor 60 giving the first reading at this time. councillor Cave was of the opinion that first reading would serve to expedite the above proposal and at the same time, it would not be binding upon the Council to proceed to give second and third readings. ' Question being taken, the motion was carried with Councillor Cave voting "nay" because he was desirous that first reading be given >at this time. d Councillor A. Vincent proposed a motion, which Councillor Cave x` seconded, that first lading be given to the said proposed re- zoning. During ensuing discussion; the points were raised that first reading is premature at this time and that the Council has no plans with reference to the proposal before it; formal for • that there is no application before Council the proposed re- zoning; that there is ample -time in which to give'three readings to this proposed amendment. When asked for-an opinion on the question of proceeding with a motion for first reading at this time, Mr. Rodgers explained that if the Council so wishes it can give first reading at this time; however, if the motion for the first reading is defeated, a new application would have to be made. The Deputy Mayor commented that it woudl beimfair to Mr. Rocca and to the Council for the Council to consider a motion for first reading at this time and the motion perhaps be defeated; in addition, there is the fact that the re- ' zoning matter has not yet gome before the Planning Advisory Committee. At this time, Councillor A. Vincent, with the consent of Councillor Cave, withdrew the proposed motion. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that the letter from the Acting City Manager, advising thatithe five -.year contract with Stephen Construction Co.,Ltd. for the supply of asphalt to the City expired on December 31st, 1973 and that the contract made provision for a renewalfor three further two -year periods if notice had not been given by the Company of its intention to terminatle the agreement,y and further advising that the Company has not given such notice, and, therefore, it is in order for the contract to be renewed from January lst,1974 to December 31st, 1975 at prices for asphaltic mixes as calculated according to Paragraph 6(3) of the contract for the said period -this calculation does not reflect the increases that have taken place in the last six months in the price of petroleum products, including liquid asphalt and recommending that the contra with the said company for the supply_of asphaltic mixes be renewed at the following costs per ton, namely, for binder $7.34; for Government mix $7.86; for 3/8 -inch seal $8.46; for sand seal $9.00 - -for 1974- 1975 -- and that the Mayor and Common Clerk be authorized to execute on behalf of the City the renewal of the contract -- be received and filed and the recommendations adopted. Councillor Kipping stated that he has been concerned about the 1 deterioration of the asphalt on city streets, for example on Chesley Drive, and he suggested that perhaps it would be beneficial for the City to have competition in the supplying of its asphalt requirements. Mr. Barfoot explained that Chesley Drive was paved under a contract called and the supplier of that materialwas not the City's asphalt supplier. He pointed out that the paving of Chesley Drive was the result of a tendering procedure. Councillor Kipping • stated that there are various other streets throughout the city where new asphalt has broken down in a very short period of time. Councillor A. Vincent discussed the matter of asphalt prices under the contract escalation clause. Councillor I I I I • �QiP/ ,�e7 / 6�D%oJCt Sewer o!5?ep� /d 7- 4�0a aA gibe. J �G1/2p" h00T. etcnf �� °'/ 67A7 A ieeS 1 �ad iiee /4772 .!td, yI yy, Xj dulk L'O/yS�iss.�et I_ M1 MacGowan stated that she has been told that when the asphalt is being delivered to the City jobs, oil is put in the trucks before being loaded with this material, to make it easier to unload this material, and that the oil is affecting the consistency of the asphalt. She asked that this point be checked into. Councillor A.Vincent -felt that investigation'should ' be made to see if this asphalt supplier will share in the cost of testing the asphaltic material on the job. He made the point that the asphalt material should be in first -rate condition when it is dumped at the job site, and of the correct temperature. Mr. Barfoot noted that with regard to the question'of field inspection of asphalt the Council has approved budget provision for an asphalt technician whose duties would be to inspect this material as it is put on the street. He felt that this should help the inspection services but there is no question at the moment of asking the contractor to pay a part of that work. He commented that it 'is the City's responsibility to check the product. Question being taken, the motion was carried with Councillors Kipping and A. Vincent voting "nay ". On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that as recommended by the acting City Manager, the following construction progress certificates be paid on contracts for the projects included in the Capital Budget:- 1. Visart Street , Supply and install 42 -inch Combined Sewer Gerald J. Ryan Company Ltd. Total Value of Contract $157,915.95 Total Work Done, Estimate Number 4 153,231.98 Retention 4,596.96 Payments Previously Approved 130,247.18 Sum recommended for payment,Certificate Number 4, March 31,1974 $ 18,387.84 2. Woodward Avenue Supply and install 42 -inch and 36 -inch Storm Sewer Gerald Ryan Company Ltd. Total Value of Contract $165,165.00 Total Work Done, Estimate Number 4 177,605.44 Retention 26,640.82 Payments Previously Approved 97,840.65 Sum Recommended for Payment, Certificate Number 4 March 31, 1974 $ 53,123.97 On-..motion of Councillor Black Seconded by Councillor Murphy RESOLVED that in accordance with the recommendations of the Acting City Manager, approval be granted for payment of the following construction progress certificates and approved invoices for Engineering Services in connection with projects undertaken under the Department of Regional Economic Expansion programme:- 1. Residential Land Bank - External Services New Brunswick Housing Corporation Construction of Trunk Sewer $118,142.00 Total Amount of Contract Total Value of Work Done,Certificate Number 7 116,636.00 Retention 5% 5,831.80 Amount previously approved 110,099.30 Sum recommended for payment, Estimate Number 7 April 4, 1974 $ 704.90 2. Milford - Randolph - Greendale Collector Sewer Napanee Industries 1972 Ltd. Pre - fabricated sewage ,pumping stations Total Value of Contracts $ 63,438,00 Amount Previously.paid 58,277.39 Retention 1,904.49 Sum Recommended for payment, Estimate Number 2, Invoice Number 1379, March 25, 1974 $ 3,301.12 3. Western Residential Area Collector Sewer Supply and install 36 -inch sanitary sewer Gaspe Construction Ltd. Total Value of Contract $323,580.00 Total Work Done, Estimate Number 5 257,121.38 Retention 38,568.21 Payments previously approved 198,793.50 Sum recommended for payment, Certificate Number 5, April 2, 1974 $ 19,759.67 On motion of Councillor Murphy Seconded by Councillor Green; t - ilel/P19 pre yM�Y»vr�»¢hfs, Haram �ilTr� 1p. �ta. %@hAps a mr pvh�nr NA. Fire 17 ePt COV0104 H T ptv -.� sw -060rlaiPr eot .a.f%�ie /d I -ev. Si9e s 0.07 ti-uok s Se�erS � /ooa%/7� �rbavi ei 5 4S'�; 71 -wAele , �00 elf tr�rih �a?t' %OII� RESOLVED that the letter from the Acting City Manager, with regard to the petition received at the. Common Council meeting of April • 1st last from residents of Bonita Avenue in Silver Falls Park which asks that the City have this sub- division developer comply with his deadline, or improve the condition of this.street, advising that on inspection, .a City engineer found this street to be in an acceptable condition for the time of year and stage of construction of this part of:the development, and further advising that the sub - division agreement sighade on August 25th, 1972 does not contain a. deadline for the completion of the work, although all new agreements contain a deadline','which in most cases is two years, and stating that, in the opinion of the Engineering Division, itwould not have been reasonable to complete Bonitaf,Avenue during the 1973 construction season with ' all the construction and servicing in progress -- therefore, the first opportunity to complete this street would be in the 1974 construction season -and further stating that Mr. Harold.McNamara, the developer was contacted and stated that this street would be paved, curbed,landscaped,et cetera this summer - -and recommending that the Works Department supply the necessary follow -up to have the work completed by this time - -be received and filed and the recommendation adopted. Councillor M. Vincent asked if the above report indicates that on August 31st,1974 the paving work in question will be completed in the.said development. Mr. Barfoot I confirmed that it is anticipated it will be completed by that date. On motion.by.Councillor Black Seconded by Councillor Murphy RESOLVED that in accordance with the recommendation of the Acting City Manager, approval be granted for payment of the invoice from Stephen Construction Co.,Ltd., dated April 16th, 1974, in the amount of $5,746.63, for the supply of asphalt to the Works Department during the period April7.lst to April 15th,1974. On motion of Councillor Green Seconded by Councillor Murphy • RESOLVED that as recommended by the Acting City Manager, tenders for supplying uniform clothing for the Police and Fire Departments be awarded in accordance with the-recommendations contained in the submitted Bid Summary and that the Purchasing Agent be authorized to obtain prices for supplying those items on which no tenders were received. On motion of Councillor Green Seconded by Councillor Murphy RESOLVED that in.accarda`rce with:. he'recot}me`ndation of the Acting City Manager, approval be given for payment of the invoice fem Canron,Ltd. in the amount of $2,397.40 for the purchase of tapping saddles and-valves for Hyprescon . pipe for the Water and Sewerage Department. On motion of Councillor Black Seconded by Councillor Cave RESOLVED that as per the recommendation of the Acting City Manager, authority be granted for payment of the' invoice from D. Hatfield,Ltd. in the amount of $2,901.64 for supplying equipment to the Works Department during the period March 16th to 30th, 1974. Councillor A. Vincent asked if the signs that designate such equipment as being hired by the City are being used on rented'trucks. He added that he has not seen bt of these'sig'ns in use, as yet. Mr. Barfoot confirmed that the signs have been in use and that he has seen them. He stated that, however, we will have to follow this matter up to make sure that all trucks that are hired by the City use the said signs. On motion of Councillor Murphy Seconded by Councillor Black; RESOLVED that the recommendation of the Acting City Manager, with regard to the petition submitted on April 8th last to Council by residents of Francis and Allison Streets,Saint John West, who request that immediate action be taken to rectify the problem of sewers backing up and causing damage in the basements of their homes and who state they have learned that the problem is caused by sewer pipes that are not large enough to carry away the surface water - advising that the City engineer checked the existing combined system and found that the installation of approximately 925 feet of 18 -inch diameter sewer, and 300 feet of .12 -inch diameter sewer at an approximate cost of $55,000.00 would recify the situation, and recommending that back water valves be installed by residents having back -up problems on Allison and Francis Streets and that the necessary new systems be installed under a future Capital Works Programme, as soon as areas with greater problems are rectified and the money is available - -be received and filed and the recommendation adopted. Councillor Murphy felt that the City'should install the required valves in the above matter, at the City's expense. He felt that it is the responsibility of the City to do so because the present sewer pipes are too small. He recalled that in a case of sewer backing up in one home the City installed at its own expense a back water valve and he therefore feels that the-City should pay for the installation of these valves in the case in question. On motion of Councillor Murphy • Seconded by Councillor Green • RESOLVED that as recommened by the Acting City Manager and the Assistant Director of Works - Operations, the following changes be presented to the City Solicitor for his inclusion in the Traffic By -Law and presentation to the Common Council, due to';the forthcoming construction at the New Brunswick Museum which will proceed over the remainder of 1974 and which will eliminate the parking I r on the west side of Douglas Avenue to help the Museum during the said construction • period: -. (1) remove from Schedule B- No Parking: Douglas Avenue -Main Street to Chesley Drive -West Side; (2) add to Schedule B- No Parking: Douglas Avenue -Main Street to Civic ;lumber 215 -West Side; Douglas Avenue -Civic Number'',297 to Chesley Drive -West Side; (3) add to Schedule J- Overnight Parking: Douglas Avenue -Civic Number 215 to Civic Number 297 - West Side., C /1? �'ti� On motion of Councillor Murphy Seconded by Councillor Kipping _ 1.3 D RESOLVED that the letter-from the City Solicitor submitting a proposed amendment tothe= Traffic By -Law as proposed in the above �Ois�l�a7 S mentioned recommendation from the Acting City Manager and the Assistant 009"P. Director of Works - Operation, be received and filed. yZI 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 x Section 97 of the Motor Vehicle Act 1955 and Amendments Thereto" to be read a first time. Read a first time the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffice on Streets in the City of Saint John Made Under the Authority of Section 97 of the Motor Vehicle. Act 1955 and Amendments Thereto." Ayti .0y A7• Wheene _Tax 0, �/Sja�ff/ The following letters were considered at this time:- (1) from the Acting City Manager submitting a series of recommendations from the Assistant Director of Works - Operations as an alternative to the increased policing suggested by Councillor Kipping to ease the traffic congestion problem on Rothesay Avenue, Russell Street and Thorne Avenue (between Haymarket Square, Kane's Corner and the One -Mile House) - the said redommendations include additional lane striping and signing, partial parking restrictions, and a morning rush -hour rotary, and are minimal changes necessary in order.'to handle the increased summertime traffic; (2) from Councillors Kipping and M. Vincent, to whom the Council at its meeting held on April 1st last referred Councillor Kipping's proposal regarding the said traffic problem for discussions by them with the Chief of Police and a representative of the Works Department to determine its feasability. and to- implement it, or, alternatively, to bring the report back to Council- advising ,that discussions were.held on April 17th between the parties concerned and agreement could not be reached on the feasibility of the proposals and the committee, therefore, brings the report back to.Council as directed; (3) from Mr. George Little of 64 Gibbon Road, East Riverside, N.B. submitting his comments on the practice of the Police Department Traffic Branch Officers in the ticketing of motorists for lane violations at the,Kane's Corner end of Thorne Avenue during the evening rotary traffic period, and also submitting his suggestions for action the Council could take in this regard. On motion of Councillor Murphy Seconded by Councillor Gave- RESOLVED that the above named letters be referred to City staff to try to,come to some concensus of opinion in the matter of traffic regulations for the Rothesay.Avenue- Russell Street - Thorne Avenue traffic rotary. On motion of Councillor Cave Seconded by Councillor Black RESOLVED that the matter be tabled until the above named three letters be referred to the City staff for a report, and also be referred to the committee that was set up of individuals from the area of the city, to meet with them and resolve the problem. Question being taken, the motion was carried with Councillors Cave, Black, v -.I Cl'1.x 1.. On motion of Councillor Murphy Seconded by Councillor M. Vincent 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 -DOS� /wr Under the Authority of Section 97 of the Motor'Vehicle Act 1955 and Amendments Thereto" Ave. be read a second time. 1. • "A Read a second time the by -law entitled, By -Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of Section 97 of the Motor Vehicle Act 1955 and Amendments Thereto ". Councillor A. Vincent asked if the parking for the addition to the Museum will be charge parking (by installing parking meters) or free parking there. Councillor Davis.replied that the object is to replace the parking that is being destroyed by the building -by means of the said by -law amendment while the construction is taking place and until the new Museum parking lot is ready. Councillor Vincent Suggested that paid parking be placed on Douglas Avenue during the time of construction, so that the tradesmen who will be working on this construction will have parking space as well as anybody else along this side of Douglas Avenue. Councillor Davis stated that the street parking on Douglas Avenue would be'for citizens and for visitors visiting the Musuem; he believes that arrangements have been made for off - street parking in the vicinity of the Museum for its staff. Councillor A. Vincent Felt that prior to third reading of the by -law amendment the draft amendment should.be changed so that time limits are named,on it- otherwise, it could be that tradesmen would use these street parking spaces from 7.30 a.m. to 4.30 p.m. while engaged in the construction work, and thus defeat the purpose of this by -law amendment. The Deputy Mayor asked that the Acting City Manager take this point under advisement. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that the reports for March of the building and Technical Inspection Services ,(Building and Plumbing), Water and Sewerage Division of the Works Department, and the Police Department, be received and filed. Ayti .0y A7• Wheene _Tax 0, �/Sja�ff/ The following letters were considered at this time:- (1) from the Acting City Manager submitting a series of recommendations from the Assistant Director of Works - Operations as an alternative to the increased policing suggested by Councillor Kipping to ease the traffic congestion problem on Rothesay Avenue, Russell Street and Thorne Avenue (between Haymarket Square, Kane's Corner and the One -Mile House) - the said redommendations include additional lane striping and signing, partial parking restrictions, and a morning rush -hour rotary, and are minimal changes necessary in order.'to handle the increased summertime traffic; (2) from Councillors Kipping and M. Vincent, to whom the Council at its meeting held on April 1st last referred Councillor Kipping's proposal regarding the said traffic problem for discussions by them with the Chief of Police and a representative of the Works Department to determine its feasability. and to- implement it, or, alternatively, to bring the report back to Council- advising ,that discussions were.held on April 17th between the parties concerned and agreement could not be reached on the feasibility of the proposals and the committee, therefore, brings the report back to.Council as directed; (3) from Mr. George Little of 64 Gibbon Road, East Riverside, N.B. submitting his comments on the practice of the Police Department Traffic Branch Officers in the ticketing of motorists for lane violations at the,Kane's Corner end of Thorne Avenue during the evening rotary traffic period, and also submitting his suggestions for action the Council could take in this regard. On motion of Councillor Murphy Seconded by Councillor Gave- RESOLVED that the above named letters be referred to City staff to try to,come to some concensus of opinion in the matter of traffic regulations for the Rothesay.Avenue- Russell Street - Thorne Avenue traffic rotary. On motion of Councillor Cave Seconded by Councillor Black RESOLVED that the matter be tabled until the above named three letters be referred to the City staff for a report, and also be referred to the committee that was set up of individuals from the area of the city, to meet with them and resolve the problem. Question being taken, the motion was carried with Councillors Cave, Black, v -.I Cl'1.x 1.. 4;rdo llo 3Ry ,W dMemwm .,may -,haw dM��jdi�7e )Fe- zon: h y e"Ate? I Zr V&5tMCA76 04�tW A.Vincent, Parfitt, M. Vincent, Gould, and Green voting "yea" and the Deputy Mayor and ,Councillors Davis, MacGowan and. Kipping doting "nay ". On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of the City of Saint John and Amendments Thereto" insofar as it concerns: (a) deleting clause (k) of Section 2; (b) redesigning the clause (1) as clause (k); (c) inserting a:.new clause (1) to read, "(1) 'Committee means the..Planning.Adviso'ry Committee established by the Council. ",; (d) substituting a full stop for the.comma after the word "situated:' in the sixth line of the clause (a) of sub - section (1).of Section 5 and deleting all the words following thereafter; (g) deleting sub - sections (3) and (4) of Section 5; (h) deleting Section 6; (i) inserting the word "land" before t.be wprds "pr new use" on line 4 of Section 7(4) -- be read a first time. (d) substituting the word "Committee ".for the word "Commission" wherever it appears in the by -law; (e) deleting the words "limited dividend provisions of the" in Section 2(ta). • Prior to the moving of the above resolution, the Common CouncilClerk advised ' that the necessary advertising took place regarding the proposed'tamendments to the Zoning By -Law and that no objections were received. It was.noted that no person was present to offer objection or comment in connection with the said amendments. Read a first time the by -law entitled, "A Law to Amend the Zoning By -Law of thr City of Saint John and Amendments Thereto." On motion'of Councdllor'Murphy Seconded-by Councillor Black RESOLVED that the by -law entitled "A Law to • Amend the Zoning By -Law of the City of Saint John and Amendments Thereto" insofar as it concerns-: (a%) deleting clause (k) of Section 2; (b) redesigning clause (1) as clause (k); (c) inserting a new clause (1)i.to read, "(1) 'Committee' means the Planning Advisory-Committee est'ablished'by the Council. "; (d) substituting the word "Committee" for the word "Commission" wherever it appears in the by -law; (e) deleting the words "limited dividend provisions of-the" in'Section 2 (ta); (f)Substituting a full stop for "the comma after the word "situated" in the sixth line of clause (a) of sub - section (1) of Section 5 and deleting all the words following thereafter; (g) deleting the sub - sections (3) and (4) of Section 5; (h) deleting Section 6; (1) inserting the word "land" before the words "or new use" in line 4 of Section 7(4) -- be'read a second time. Read as'econd time the by -law entitled "A Law to Amend the Zoning By -Law of.the City of Saint John and Amendments Thereto." ' The Common Clerk stated that the necessary advertising was completed regarding the proposed re- zoning of land for Kennebecasis Investments Ltd. on the northerly side of Loch Lomond Road, this side of Cruikshank Lake, and that no expressions of objection to this proposed re= zoning had been received. No person was present' 'to comment on or offer objection to this proposed re- zoning. On motion of Councillor. Murphy Seconded by Councillor Kipping RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of the'City of Saint John and Amendments Thereto" insofar as "it c`once'rns re= zoning an area of land on the north side of Loch Lomond Road having a frontage of approximately 700.feet and extending 2,100 feet west of Pauline Street, • from "RS -2" Suburban Residential district to "RM -1" One -and Two Family Residential districts, to'be read a first time. Regarding the type of housing that is planned for the above noted housing development, Councillor MacGowan enquired as to whether it has been approved by the Planning Department:_arnd if it is the same type of housing that is now being constructed on McAllister Drive mere—the. houses ate-8 - -close together. She felt that there should be some control in that regard. She commented that the houses that are being built on McAllister Drive do not appear to be very sub'stantial, and it is her opinion that we are building "Slums ". The Deputy Mayor suggested that only , first and second readings be given at this time and a check be made regarding these questions be Councillor MacGowan.prior to third reading. At this time, Mr. Zides confirmed that the Planning Department has approved of the housing questioned by Councillor MacGowan. Councillor MacGowan stated that she would like to be assured that buildings in future will be buildings that are a credit to the community and an investment, and will nox be deteriorating as fast as they are erected. She expressed the view that some of the buildings that are being constructed are certainly no credit to our community and that it is an insult to ask people to live in them. Councillor M. Vincent asked for an explanation of what Kennebecasis , Investments Ltd. propose as a housing development. Mr. Zides advised that eve n thpugh the land woudl be zoned for two - family housing there will be a mixture of one- and two - family housing; also,�there are several lots on which there will be small apartment houses with 10,12 and upwards apatments in them -that is, thery will be :apStment blocks rather than town houses. Councillor Gould asked if the developers in that area, who -are building houses under the Building Code, are meeting the provisions of that Code. Mr. Zides replied that they are doing so, as far as he knows. He confirmed that the check on such building developments and follow -up on the part of the City is done through the Building Inspect'or's office. Councillor Gould noted that apartment were constructed • in Saint John 'with only one exit to an apartment and he stated that although this may meet the provisions of the "Building Code he does not feel it is good enough for the 1970's. He noted that the Council''is quitecon'cerned about what is happening` and is saying "are our laws adequate to assure us of reasonable satisfactory construction ?" I • Mr. Zides stated that he feels questions like that should be answered by the Building Inspection Department. Councillor Cave asked if the lots for this development are small lots (40 by 80 feet) as in the Red Head sub - division, which he is not in favour of and about which he is concerned. Mr. Zides assured him that the lots in the sub - division under discussion are large lots. ,<-&A ' .�o3,Ivm_7,t4Cdpt� • ovlwokw *0 405?dus�.�ssn to M • r. P#. C.tyeR. n U A M Read a first time the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John and Amendments Thereto". On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land on the north side of Loch Lomond Road having a frontage of approximately 700 feet and extending in a northerly direction a.distance of approximately 2,700 feet, the said area being approximately 2,100 feet west of Pauline Street, from "RS -2" Suburban Residentiial district to "RM -1" Multiple Residential and "R -2" One- and Two - Family Residential districts, be read a second time. Councillor A. Vincent stated that he wants the Council to be supplied with the exact details regarding this development- how many houses and apartments are to be constructed, the building materials to be used in their construction, et cetera, and the type of the buildings on the lots. Councillor Cave stated that before third reading, he wants to see a picture of the plans of this project and how the lots are going to be serviced with seweres, et cetera, and he wants such.information for all the areas, including Red Head, that the Council is considering for re- zoning for development, so that he can be properly informed on these projects at the time of voting on them. The Deputy Mayor noted that this information asked for by Councillor Cave will be provided. Read a second time the by -law entitled, "A Law to Amend the Zoning By -Law of the City of Saint John and Amendments Therto." The Common Clerk stated that with regard to the advertisement which was made for Starlight Construction Ltd. for the re- zoning of approximately 245 acres with a frontage oa approximately 900 feet on the northerly side of Ocean Westway beginning approximately 400 feet west of the Lorneville intersection (so= called) from "RF' Rural to "R -2" One- and Two - Family Residential district with ome small "B -1" Local Business and "RM -1" up to three - storey multiple family residential district on Ocean Westway-- no objections were received to such re- zoning. It was noted that no person was present to object to same, or to comment on same. The Common Clerk reminded the Council that first and second readings for both:the Zoning By -Law and Municipal Plan By -Law amendments in this regard were given on March 18th, 1974 by Council. On motion of Councillor Gould Seconded by Councillor Murphy RESOLVED that the letter from the Planning Advisory Committee dated April 19th, 1974 reporting further to the Committee's letter which was before the March 18th last meeting of Common Council regarding the above noted re- zoning, advising that the Municipal Planning Director learned from Mr. James Maskell of the Lorneville Porject that it has not been possible yet to carry out the actual surbey for the proposed rail line in this. area and Mr.. Maskell thinks it might be approximately six weeks before the location of the line can be determined precisely in relation to the lands of Starlight •-Construction Ltd'., and advising that in view of this the Common Council should feel free, if it so decides, to amend the Municipal Plan but not to give more than two readings to the proposed Zoning By -Law amendment, and further advising that a re- zoning sketch will be prepared by the Planning Office as soon as possible under the circumstances and"submitted to Common Council, be received and filed and the Council be guided by the information contained therein. Councillor .Cave stated. that _b.efore voting on third readlimg of the P11D)o ..e,g iBat-t.eir,aheucd.o,ubd li3kwot- o;os_eeathe!rp.harug rrgandingttlii�s2.0bojiect andV, aIga,iaheedetails as pophow.iLtLwd.ald be provided with sewer services. On motion of Councillor Gould Seconded'by Councillor Murphy-" " RESOLVED that third reading of the Zoning By -Law amendment to re -zone an area of approximately 245 acres with a frontage of ajq approximately 900 feet on the northerly side of Ocean Westway beginning approximately ✓✓ 400 feet west of the Lorneville intersection (so- called) from "RF" Rural to "R -2" One- and Two-.,Family Residential district with one small "B -1" Local business and "RM -1" up to three - storey multiple family residential district on Ocean Westway- be lald'.on the table for two weeks. On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that the By -law entitled "A Law to Amend the Municipal Plan By -Law and Amendments Thereto" insofar as it concerns altering Schedule 2A so that the area of approximately 245 acres lying between the northern side of Ocean Westway '(about 400 feet west of the Lorneville Road intersection) and the Crown reserved road, be removed from the existing classification, and piaced-.in "Low Density Residential" Classification, and amending Schedule 9A by placing the'said lands in a Stage 2 area,,be read ,a: third time and enacted and the Corporate Common Seal affixed thereto. On motion of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that third reading of the above r r, named amendment to the Minicipal Plan By -Law to be laid on the table for two weeks. • When asked what effect these tabling motions would have on the project, , Mr. Zides advised that it would not effect the actual construction, but the developers wanted to have the amendment to the Municipal,Plan By -Law enacted in the interests of finacing of the project. In reply to Councillor A, Vincent's question as to who are the principals in Starlight Construction Ltd., Mr. Zides stated that the only principal the Planning Advisory Committee is aware of is A. J. Callaghan-'& Associates, Consulting Engineers. ' (2) The Association is not staisfied that sufficient assurnace exists that the project once started, will be carried to a resonable conclusion. No performance bond has been posted, and no liablity has been agreed to by the developer. This also appears to be a deviation from normal practice for such developments. '(3) No provision has been made for the schooling of the 200 to 400 children who would•be living in the development. .Existing schools are already overcrowded and will continue to be, even after the opening of the new school in Forest Hills, now scheduled for 1975. • (4) ° At the time of the Association's protest of the re- zoning of the Randall property in the area, the Association requested and was given assurance during-the Council meeting of August 13th 1973, that it would be advised by letter of'any furhter' re- zoning in the area. (5) The public notice of re- zoning states only "Planned Development" which I the Association feels is not a fair description of the changes involved. (6) Question being taken, the motion was carried for tabling, with the recreational areas and entertainment facilities Deputy Mayor and Councillors A. Vincent, Cave; Gould,M.Vincent, Davis, MacGowan, do not exist; and.-are not included. and Parfitt voting "yea" and Councillors Kipping, Murphy, Black and Green Voting are they apparently "nay". in the foreseeable future. Mr. Ralph Thompson presented a brief from the Red Head Property Protective Association and Citizens of Red Head, and a petition signed by approximately (7) Public transportation is 200 persons, with the request that the Council reconsider the "Planned Development" and is not planned for I_ of land lying.notth of Ocean Drive and west of Eden Street in the Woodl �id Park Sub - division, now known as Harbour View Sub - division, as presently proposed by Shelter Resources Limited and,approved by Common Council on November 19th,1973. ?6e/:�41 Oh He advised that the Association members and the petitioners feel that the points • yahposcr Iliek raised by them regarding the proposed planned development should be thoroughly Sub — wike. investigated before the developer is permitted to proceed with the project W.V construction. The following are the points made in the above named brief: - S!!e/r (1) The.proposed development is a departure from standard zoning and 1 sub - division regulations, with lot sizes less than two - thirds of the minimum, houses situated on lot.lines and located less than half the standard distance from streets. This would radically alter the population density in the area,and would be a license for further deviations from zoning laws! (2) The Association is not staisfied that sufficient assurnace exists that the project once started, will be carried to a resonable conclusion. No performance bond has been posted, and no liablity has been agreed to by the developer. This also appears to be a deviation from normal practice for such developments. '(3) No provision has been made for the schooling of the 200 to 400 children who would•be living in the development. .Existing schools are already overcrowded and will continue to be, even after the opening of the new school in Forest Hills, now scheduled for 1975. • (4) ° At the time of the Association's protest of the re- zoning of the Randall property in the area, the Association requested and was given assurance during-the Council meeting of August 13th 1973, that it would be advised by letter of'any furhter' re- zoning in the area. (5) The public notice of re- zoning states only "Planned Development" which I the Association feels is not a fair description of the changes involved. (6) Amenities such as stores, recreational areas and entertainment facilities do not exist; and.-are not included. in the development, nor are they apparently planned in the foreseeable future. , (7) Public transportation is presently non - existent, and is not planned for the area. (8) The fire hazard to homes crowded into the proposed developmentcan only be classed as extreme there being no assured water supply in the area. With the nearest fire station five miles away, and the prevailing high winds along this section of the coast, a fire in one wood -frame home could well result in the • destruction of the entire development within a few hours. (9) There is apparently no plan to enlarge or improve present sewage treatment r LI (9 Cont..) facilities in order to accomodate home owners in the proposed development; neither does there appear to be any plan to deal with ground drainage - in one area recognized as marsh.,. o - (10) With the radical increase in, housing density, policing•of the area ' cannot be maintained. (11) The highly concentrated housing, with "common areas" for which no one home owner w.ould be responsible would result in .deterioration of development maintenance, to the detriment of development home owners, along with present home owners in the area. ' (12) This planned concentration of low-cost housing will tend to attract only one "limited" income section of society, which will result in the creation of a "ghetto" development,. The said resi -dents have. already seen enough of these in other cities, to know that it serves neither the people housed there not society as a whole. (13) The development appears to be of an experimental nature and as such, • should surely be of limited size, and located where services are note readily available- and where there would be less impact on the existing community. ��S p (14) Notification of the public regarding Harbour View Sub - division, though apparently carried out according to statute,- appears.to have sought neither the 07P40 "Qn opinion nor approval of anyone, other than the Planning Department at City S//eml Hall. • Mr. Zides stated that a lot of these points came up at a meeting he had some little while -ago with some of the people from Red Head- .for-example, the size of the lots. He stated-that the land.the individual buys in this development measures 40 by 80 feet but there are between and around the lots fingers of open space so the the square footage of the lots probably would be in the range of close to 5;000 square feet, taking:into consideration the over -all area,-i. He.explained.that developers in-using this.method fo developingla project, with open spaces around the lots and at the;back; it creates shorter.runs for services, and less street space, as.well as lesser runs for water and sewer services, et cetera, this being an attempt to cut down the over -all servicing costs. He added -that this approach.is.used.by developers elsewhere. . i IM . •1 Mr.,Thompaon added that there would be limited policing in the area. ' The brief concludes by see,this presentation stating the as a positive hope that the Council and the developer will effort to put the proposed development into better perspective, in relation to the community, and that some reasonable compromise may be reached, and by..urging.that the,,Council takes the required initiative and assure at least discussion with those concerned, regarding the questions raised. , • Mr. Zides stated that a lot of these points came up at a meeting he had some little while -ago with some of the people from Red Head- .for-example, the size of the lots. He stated-that the land.the individual buys in this development measures 40 by 80 feet but there are between and around the lots fingers of open space so the the square footage of the lots probably would be in the range of close to 5;000 square feet, taking:into consideration the over -all area,-i. He.explained.that developers in-using this.method fo developingla project, with open spaces around the lots and at the;back; it creates shorter.runs for services, and less street space, as.well as lesser runs for water and sewer services, et cetera, this being an attempt to cut down the over -all servicing costs. He added -that this approach.is.used.by developers elsewhere. . i IM M 0 . On the question of posting a performance bond, Mr, Barfoot advised that this sub- division is being carried on under the extension of the present Woodlawn Park sub - division agreement which dates back several years; in that agreement, the developer does certain work and the City does certain work; in this case, the City. apys half the complete storm'sewer cost while the developer does the work to the City's satisfaction and the City would pay the developer , such share of the cost only when the work is carried out to the City's satisfaction. He noted that this has a much more positive effect than requiring a performance bond of the developer, because the City thereby has the means of obtaining performance. division agreement under discussion is the fact that the said agreement, which was between the County and the developers, and which was entered into several years ago, stated that any further development of this land would carry on under the same terms and conditions as the previous agreement; therefore, the City has to honour the terms of the agreement even.though today's standards are much different. Councillor MacGowan expressed concern that the City did not advise the'Association.of any further re- zoning in the area in view of the -fact that the Association states it was given assurance during the August 13th, 1973 Council meeting that it would be so advised, and was not advised. In reply to Councillor MacGowan',s request for information concerning sewerage facilities in the development area, Mr. Barfoot stated that there is a sewage lagoon out , ther which was completed under the first phase of the Woodlawn Park Development, and "some months ago, the Council agreed to receive a sum of money from the previous developer to'-increase the ability of its lagoon to treat sewage sufficient for this present Harbour View Sub - division -so, the City has the necessary contribution to provide adequate sewage treatment facilities for the latter named sub - division. He confirmed that the City will do this in conjunction with the development. ' • With regard to the comment in the brief regarding supply of water for , the fire protection, Mr. Barfoot stated that there are two wells there which .have been passed as being an adequate supply of domestic water but they will not suffice to meet the immediate fore demands of fighting a 500 gallon per minute blaze. He stated that it will be necessary to install some form of storage to supplement the fire fighting requirements in that area. He stated that he is satisfied.that adequate provisions for water for the development can be made, but it is not finalized as yet. • In reply to Councillor Kipping's request for clarification on the matter of liability on the part of the developer and protection to ensure that the services are installed satisfactorily by the developer, Mr. Barfoot stated that the sub - y/ �j division agreement requires the developer to do certain work in return for YAW the City provides certain things in regard to the servicing- the installation of water, sewer and storm sewers; he believes that the street surfacing and �a curbing will be the City's responsibility, according to the previous sub - division agreement; so; the developer's responsibility in servicing in the first instance , will be the installation of.the underground services, which, in order for him to gain the City contribution will have to be done according to the City's standards and requirements. Mr. Zides' pointed out that what is different about the sub- division agreement under discussion is the fact that the said agreement, which was between the County and the developers, and which was entered into several years ago, stated that any further development of this land would carry on under the same terms and conditions as the previous agreement; therefore, the City has to honour the terms of the agreement even.though today's standards are much different. Councillor MacGowan expressed concern that the City did not advise the'Association.of any further re- zoning in the area in view of the -fact that the Association states it was given assurance during the August 13th, 1973 Council meeting that it would be so advised, and was not advised. In reply to Councillor MacGowan',s request for information concerning sewerage facilities in the development area, Mr. Barfoot stated that there is a sewage lagoon out , ther which was completed under the first phase of the Woodlawn Park Development, and "some months ago, the Council agreed to receive a sum of money from the previous developer to'-increase the ability of its lagoon to treat sewage sufficient for this present Harbour View Sub - division -so, the City has the necessary contribution to provide adequate sewage treatment facilities for the latter named sub - division. He confirmed that the City will do this in conjunction with the development. ' • 0 X-exe. ��s.6 -dig 0 • Councillor Cave asked it the previous sub - division has been paved as yet. Mr. Barfoot'stated that Ocean Drive and Lucas Street, of th'e original sub - division, are proposed for this year's capital budget for chil sealing- it is the 'City responsibility in this sub - division agreement to do this paving work. Councillor M. Vincent asked where the Red Head Property Protective Association, in preparing its brief, obtained the information. Mr. Thompson replied that nost of it was obtained from the files at City Hall and the original plan that was filed by Shelter Resources; a lot of that information was obtained from City Hall Staff and it was truly correlated as contained in the submission made by the Association at thiE§­meeting of Council. Councillor M. Vincent asked Mr. Barfoot if he has, as Acting City Manager of this City, reasonable grounds to believe that there is a sufficient guarantee for completion of this project in terms of a performance bond or any other mode, completely. Mr. Barfoot, in making affirmative reply, explained that when a sub - division like this is completed it depends very much on the market; there are a number of other conditions, no doubt; the existing portion of Woodlawn Park is:a good example of this; that agreement has been in existence since before 1968 and the sub - division is not completed now under those conditions; possibly, with the change in the type of sub - division, it will speed up the process and ensure the completion fo the sub - division in a short time if the builder is building for the market. Councillor M. Vincent asked the Chief of Police if the present police force of the City can police that area if this housing increases the population density. Chief McKay replied that it could not, at the present time. Councillor Green expressed concern that this proposed housing be compatible with the.existing housing in the area, and that the proposed housing not be built too closely together and thus detract from the appearance of the homes in the area. He asked if Mr. Barfoot has any concern over the point raised in the brief (point 9) regarding sewage treatment facilities. To accommodate this new housing , the matter of ground drainage; he asked if the City and the residents of that area are being protected on this question. Mr. Barfoot stated that the City departments are conderned about this, but he has faith in the ability of the Engineering Department not to approve anything which is not in--line with the proper standards required; he understands that there will be works carried out on sewage treatment which will satisfy the requirements for sewage treatment in this area. Councillor Black noted that such things as fire protection, lighting and poor drainage, which are common to the Red Head area, should be rectified as quickly as possible. He stated that he sees nothing wrong with the lots measuring 40 by 80 feet for this particular sub - division, and that he believes this developer is endeavouring to provide good homes at a reasonable price. He noted that the people this project would serve are in the income bracket of $8,000.00 to $9,000.00 per annum who cannot afford homes costing $35,000.00 to $40,000.00 and he asked if homes for these people are not place in the Red Head area, where are they to be built. TIM r j; 61)e/gip Resampws A7C el; ls��� In replying to the points raised by the Association and the petitioners, Mr. Teed made the following points:- the innovative housing scheme was decided upon because people cannot afford conventional housing at today's rates and it was obvious that a project of this type was needed to develop:,this vacant land • Councillor Gould asked if the City would insist on a higher standard of services if it,were entering into a new agreement today, rather than what appears ' to be re- activating the previous agreement in question. Mr. Barfoot replied that his answer is "yes" only with respect to the type of paving, but it is "no" in every other respect. Mr. Zides stated that his reply to the question is "yes ". ' Mr. Eric L. Teed, Q.C., was present,to speak on behalf of Mr. Robert McKinstry and Shelter Resources Ltd. Mr. McKinstry was also present. Mr. Teed advised that the concern of his client is the matter of getting housing at the price that the average working man can afford; the cost of these houses would ' be between $21,000.00 and $24,000.00 for a three -or- four - bedroom house depending on the design; in order to provide economic housing it was necessary to do some • innovative planning- as a result they have this project and building permits have been taken out for four buildings to'cost some $80,000.00 and they have placed orders for approximately one million dollar's worth of materials and services, • and have spent over $150,000.00 'already in.cash on the project. In replying to the points raised by the Association and the petitioners, Mr. Teed made the following points:- the innovative housing scheme was decided upon because people cannot afford conventional housing at today's rates and it was obvious that a project of this type was needed to develop:,this vacant land in the Woodlawn Park it having been six years since the decelopment of the Park property was started and these developers felt that something has to be ' done, in a proper manner; this project will not radically alter the population density, taking into consideration the large over -all area for the project and the saving to the house owner and house builder and to the City, and it gives more common area which the developers feel is a desirable effect; with regard to the question of a performance bond- the developers have commitments and monies have been spent- the City has an economic control because if the developers wish to be reimbursed and do not meet the standards that is where the city can be stopped- • the city has the practical control in that the Building Inspection Department has' toy approve what is dome; regarding the matter of schooling- the statement made in the Association's presentation'is not quite correct because land has-been set aside in an adjacent area for school purposes which is owned by the present owner and the School Board officials were contracted and, presumable, they are happy on the present concern; as to the matter of the Association's protest of the ' Randall property re- zoning- the developers have no knowledge of this other than there was public advertising; with regard to the question of amenities such as stores and recreational areas- there is a'great area for recreational sites - The developers asked for permission to have, in effect, a temporary canteen , to accommodate some oT the children there, but it went through the process and was turned down so they could not have a canteen there- the amenities such as stores ;,do not- ;apply::,to this particular housing area- the placing of�'stores in a housing area is a matter of proper planning, and presumably if the developers did propose stores' then there would be objections frQm the owners theresaying they .; • I the City staff, and there is,no fire:sustem in the sense of public hydrants there inithis type of development- the developers are informed there is sufficient supplies of water to meet domestic.requirements.and • I if more is needed, based on the consultant's opinions and City staff, _ that will be arranged;,with regard to the matter of sewage treatment under the agreement, he is instructed that the developer, is required to provide additional sewage treatment as the planning concept requires it, and negotiations have been going on with the developer's designers, engineers, and the City staff and this will be enlarged to meet whatever needs there are; his client does not accept the statement that the area ' is recognized as marsh- it is a matter of opinion, Mr. Teed suggests; it is not correct that the project would create a radical increase in housing density- on the square foot area in the development there is no greater density than if the lots were regular size; obviously, with another 200 houses going in, the Police may have a problem- he can see the Chief of Police quite correctly saying that we cannot police at the same standards because it would take another fifteen or twenty minutes, or whatever the time would be, to drive throught. the project, which means that somebody • did not want stores but that they want housing in that area- the developers did:r: does.not consider�thg question of amenities such as stores, and there are plans, and there are all kinds of considerations there; it is quite true that public transportation ' �250�20'�25 is presently non - existent, but that is not the problem of the developers- it :.is Jb /ivy the problem with the whole area of the residents- the present residents do not have any - public transportation, and there will be more residents, and, possibly there will be enough residents to make public transportation economically feasible, it is hoped, which would solve not only the problems of the Red Head area, but also of other residents of the area, if they have any such p problems; he understands that the mateer of fire hazard has gone through the City staff, and there is,no fire:sustem in the sense of public hydrants there inithis type of development- the developers are informed there is sufficient supplies of water to meet domestic.requirements.and • I if more is needed, based on the consultant's opinions and City staff, _ that will be arranged;,with regard to the matter of sewage treatment under the agreement, he is instructed that the developer, is required to provide additional sewage treatment as the planning concept requires it, and negotiations have been going on with the developer's designers, engineers, and the City staff and this will be enlarged to meet whatever needs there are; his client does not accept the statement that the area ' is recognized as marsh- it is a matter of opinion, Mr. Teed suggests; it is not correct that the project would create a radical increase in housing density- on the square foot area in the development there is no greater density than if the lots were regular size; obviously, with another 200 houses going in, the Police may have a problem- he can see the Chief of Police quite correctly saying that we cannot police at the same standards because it would take another fifteen or twenty minutes, or whatever the cannot be maintained or given, nor does it mean that in this type of development you are going to have a patrol car every few minutes, like you may have in some areas of the city -- again, therefore, it is a matter of opinion with ' regard to maintaining policing of the area; the highly concentrated housing, with "common areas" is a concept which has been accepted in the city- in particular-,- in the Millidgeville area, there are several co- operative, common area concepts—on University Avenue there is.a,very excellent one;.the common area is put into a trusteeship and everybody contributes into it and it is managed, and::eventually it is turned over to the residents to manage their own little;.co- operative area- the developers suggest that this is the best method, whereby the owners of the area operate the common areas when they get sufficient numbers to do it; with regard to the question of concentration of low -cost housing tending to attract only one "limited- income" section of society, if • somebody is trying to suggest that the workers in this city are not entitled to live in an area in proper housing, his client does not accept it- he does not know whether this statement in the brief means something else -it is certainly not low -cost housing because it is economic -rent housing- as to the question IL time would be, to drive throught. the project, which means that somebody • else does not get that service; that does.not mean that proper policing cannot be maintained or given, nor does it mean that in this type of development you are going to have a patrol car every few minutes, like you may have in some areas of the city -- again, therefore, it is a matter of opinion with ' regard to maintaining policing of the area; the highly concentrated housing, with "common areas" is a concept which has been accepted in the city- in particular-,- in the Millidgeville area, there are several co- operative, common area concepts—on University Avenue there is.a,very excellent one;.the common area is put into a trusteeship and everybody contributes into it and it is managed, and::eventually it is turned over to the residents to manage their own little;.co- operative area- the developers suggest that this is the best method, whereby the owners of the area operate the common areas when they get sufficient numbers to do it; with regard to the question of concentration of low -cost housing tending to attract only one "limited- income" section of society, if • somebody is trying to suggest that the workers in this city are not entitled to live in an area in proper housing, his client does not accept it- he does not know whether this statement in the brief means something else -it is certainly not low -cost housing because it is economic -rent housing- as to the question IL I} IArl"rr 4 Sa -di,y ,Fp �' �� W&StheJr/ Ar.6100 /'/ 0 eft 2 / Y1 5-50C. of "one limited- income ", he does not know- he feels that this statement • is a reflection on many of our workers 'and, possibly, this section of the brief is mis- worded, because he is not vlear as to just what is meant, and it certainly would need clarification because.the. developers feel that the working man us entitred to buy a proper, reasonable house at a reaonable price if he , can get it and the developers hope to be able to offer it to him; the advertising of this.housing.concept has received.a great deal of interest, sufficient that the developers are making plans for further developments assuming interest develops as it appears to be doing- the development is of an experimental.nature;and is of limited size and there is a specific ' area zoned for this type of housing if it does not work out, at least it will have been tried; with regard to the question of notification of the public regarding the Harbour View-Sub-division- his clients have had many meetlags with City; Staff and others and have .met with the Planning Advisory Committee and have had many changes in their plans to try to meet the requirements of not • just the Planning Department, but the other civic departments concerned, as well. Mr. Teed stated that his clients are prepared.to,discuss the matter with the residents and they feel sure they can resolve many of their problems and these residents may have some suggestions which certainly will result in changes - the developers are quite prepared to endeavour to meet and accommodate ' anything that is reasonable. He stated that his clients hope that the development will be of benefit to the residents there now and to those who are moving in, and to the City, as a whole. , In reply to Councillor M. Vincent's question as to who owns the land for the development, Mr. Teed advised thattitke land at the present time is owned by Harbour View Estates and Shelter Resources have an agreement to acquire it; he believes that the deed will be coming to Shelter Resources Ltd. shortly. • H On motion of Councillor Murphy Seconded by Councillor Parfitt , RESOLVED that the brief and petition submitted by the.Red Head Property Protective Association be referred to City staff for a report to Council. Councillor Black withdrew ' • r- 61 • from the meeting at this time. At 6.40 p.m., the meeting adjourned to Committee of the Whole in the Board Room on the eighth ®q�p; floor, and at 8.15 p.m. the meeting resumed in Common Council with the Deputy Mayor and Councillors Cave, Davis, Green, Gould, Kipping, Murphy, Mac¢ovan, Parfitt, A. Vincent and M. Vincent present, and also Messrs. 6/W N. Barfoot, Acting City Manager, F. A. Rodgers, City Solicitor, R. Park, Commissioner of Finance, M. zidds, Municipal Planning Director, P. Clark, Fire Chief, U. Robichaud, Assistant Director of WWorks- Engineering, J. C. MacKinnon, Assistant Director of Works- Operat&ons, C. E. Nicolle, Director of the Recreation and Parks Department , and R. Thompson, Assistant Redevelopment Officer. A On motion of Councillor Murphy ■�/"�� Seconded by Councillor Green C,y9& lea RESOLVED that the Common Clerk be asked to request a progress report for Common 1r ,Yjcksfa from the City's consultants, Peat, Marwick and Partners (formerly known as Kates, Peat, Marwick & Co.) on the C�y MY A. appointment of a new City Manager for the City of Saint John. ��/// / ?pe .T5 On motion of Councillor Muprhy Seconded by Councillor Kipping JrC'6i �p0 RESOLVED that that in accordance with the recommendation of the Acting City Manager, approval be granted for payment of the invoice, dated March 28th, 1974, from Scott Bros Ltd. in the �- amount of $17,751.49, being Progress Estimate Number 1 for the supply of water and sewer materhals for Ian Street in Champlain Heights. �'�jc7oo9fJ�9 /Yl Councillor M. Vincent asked if the above matter is a response indirectly to the request 'b made by,him to Council on April 1st last for a report on thh condition of Ian and Sylvia Streets in Champlain Heights, or is this a separate matter altogghter. Mr. Barf6ot replied that this is a separate matter which was pending before the request was made by Councillor M. Vincent, and is a routine matter in pursuance of the sub - division Aa461e) agreement; the water and sewer materials have been installed and have been accepted by thh City and the said •%v!� C¢ company is due this amount; the 'matter raised at the April 1st Council meeting still has not been finalized ,� of because an opinion is required from the City Solicitor before Mr. Barfoot is prepared to come back to Council on that particular matter. Mr. Barfoot advised that the completion of this sub - division is guaranteed by the above amount in the said Progress Estimate Number 1 which is an amount due for services rendered. Councillor Cave advised that he inspected the area in question in company with Mrr.C. R obichaud, Assistant Director of Works - Engineering; Councillor Cave concurs in the recommendation of Mr. Robichaud that the City withhold the payment on this; Scott Bros. Ltd. is a very reputable company; Councillor Cave feels that the four houses in question can be looked after by a suggestion that he does not wish to go into at this time because it would involve a lengthy explanation and take up too much of the Council's time -he is sure that Mr. Robichaud has the solution and that the road can be brought up to grade and those redidents will not suffer because of storm sewers, and then it will be just a matter of putting catch basins in -if Mr. Scott agrees to put in catch basins, it will mean two of them, one on either side of the street, and in future, if Scott Bros. Ltd.' ask for any further building permits there, they be asked to raise the foundations to meet the requirements regarding proper level in conformity with street level. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the above matter be laid on the table until the anticipated legal opinion is obtained from the City Solicitor, if possible, for the next meeting of Council. Question being taken, the motion to table was carried. /� On motion of Councillor Muprhy �iq C, _Yy Seconded by Councillor Cave y; RESOLVED that the letter from the Acting City Manager regarding the letter received by Council on March 18th last from Mr. and Mrs. Lloyd McKay of 33 Forest City Street which requests the City to rectify a water problem which exists on their property, advising that inspections of the property by a 4rK City engineer and staff members from 1969 to 1974 have shown that a water problem did exist and was aggravated when low lying land off Partelow Street was filled in by a developer in order to construct buildings and that the City O(/ engineering advised Mrs. McKay that the only time the City corrects a waternproblem of this nature is when the ^Zft — ®fT- problem is created by run -off off City Streets or City property and that when the problem is created by a neigh - S?4 bour, or adjacent private land owners, which is the case in this instance, her only recourse is to take legal action against the neighbour or private land owner who created the problem -that is, the problem is not related to any ,hndertaking by the City -this problem has been discussed by the Acting City Manager with the City Solicitor - -be received and filed and as recommedded tdtiefei6i the City advise Mr. and Mrs. McKay that it is not City policy to correct problems of this nature. Councillor M. Vincent asked if there is any regulation requiring the developer of a bul ding lot to es- tablish the basemnet level of his bnildfngoodsanytr6a4seputbiflstedstablished in relation to the level of the street and so as dot to affect adjacent properties. Mr. Barfoot noted that the building permit was probably issued but he does not think that the City is able to control what an owner does on his private land after he gets the permit -such as filling in his land to the detriment of the neighbours, he does not think that this comes under the regulations of applying for a building permit. In reply to Councillor M. Vincent's question, Mr. Barfoot stated that as far as the roads are concerned, if Mrs. McKay's problem or any other problem of this nature had been caused by the City ra3sift the road, then thh CCity has in the past taken steps to ensure adequate drainage of the property, but this is not the case in this particular matter; the road was there and we have not changed theaateeet upon which Mrs. McKay lives in any respect -the situation has only been changed because all the drainage J5 p that used to be on other people's land is being concentrated on to her land, which happens when anybody develops 2eWFI r7T on vacant land around an existing property. In reply to the question as to_whht regulations there are with re- gard to a person building a basement level in relation to the street level, Mr. Barfoot stated that the only con- trol he believes the City has -in sub - divisions, for instance, is that we require that the entrance level be two AV/ V/ and one -half feet above the centre line of the street -he would have to check to see if there are any other require - ,/ aC ments or other consideration as to the level at which any private person is able to put in a basement, a house, or anything else. Councillor MacGowan stated that she believes it was the Building Inspector (from what Mrs. McKay has told her) who assured hee that adjacent houses would be built in such a way that there could be no water drain -off from those properties on to her property, and this is why she feels that the City is responsible for this run -off problem affecting her property; Councillor MacGowan understands that it is not the road that is creating this problem, but it is the fact that property adjacent is at a higher level than hers, and she did not have this problem until this building went through. Councillar MacGowan expressed the view that if the Building ByALaw does not now contain $r(Wis1ibiflrre�ltai1ft the level at which houses can be built, to protect property o,.ers of existing properties, it should be so amended for this purpose. 62 0/sue way a /ewI Saa-es ex S$. ��f dCe®77i Question being taken, the motion was carried with Councillors Gould, M. Vincent, MacGowan, A. • and Green voting "nay ". Councillor Gould stated that from recent discussion he has had with Mr. Henkins eegarding.the problem the Council dealt with in July of 1970 regarding water -off problem on to the Millidge Avenue property of Mr. Charles Jenkins, from Sussex Street, this problem still exists, and Councillor Gould expressed the hope that the City staff within the next few years will correct this situation. Noting that apparently the law is silent re- garding the matter of water run -off, Councillor Gould commented that, surely, the City should not permit any developer to create structures that will result in a heavy run -off on to the adjacent properties; if the City authorized a developer to come in adjacent to his own property and create&%tacthres that would cause flooding on yis property, he would be approaching the Council regarding the problem.. Councillor Kipping noted that it wouii6 be establishng alepr6cedent i €ghhei.egtghwepeotaepay OompemsAtioitippit3encihizehav¢h6jewoatd Is under discussion (that is, Mr. and Mrs. McKay's problem); he does not see how the City would control or have any liability regarding the making of this type of problem by a citizen on his private property, other than establishing the levels at which the house could be built. On motion of Councillor Murphy ��ss �� �+ Seconded by Councillor Cave am, ✓/11/t� RESOLVED that the letter from the Acting City Manager advising that at a „% �-/��-/,�7,Z4rY?gt meeting of Common Council held on Bune 11th, 1973 when first reading was given to a proposed closure of ' /�,,C/dOdj Short Street (also known as Third Street or Snow Street) objections were received from Messrs. George Smith, /�� ¢� �� J. Cecil FKtrkpatrick, Hazen Kirkpatrick and R. Eldon Kirkpatrick who stated that the propesdd closure would /[ / deny them access to garages at the rear of their property, and further advising that this matter was discuused with these gentlemen and with officials of the Department of Public Works and that Mr. L. Harriott, Project %O$t ^/p, Manager, has confirmed that the said Department will guarantee access through the Post Office property for these S objectors, and that the Department, in order not to create jurisdictional problems, requests that the entire width of the said street be legally closed - -and recommending that the closure of the said street be proceeded with, and that the objectors be advised of the Department of Public Works guarantee to continue access to the rear of their properties - -be received and filed. On motion of Councillor A. Vincent . 52ft n' e %s/ no T4ii�w dye -moo C� passim dui: AOV4 City .S01i42?i tCor .Seconded by Councillor Cave RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting the pping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 186A of the icipalities Act 1966 and Amendments Thereto" with respect to the closing of Third-Street formerly Snow Street), mencing at its intersection with Hethesiy,,, A* dfludeatdofixthndsngdnetthetlyhthe entire distance of the street, ing and excepting 150 feet of the said street which was previlusl�ystopped up and closed on June 26th, 1972, read a second time. Read a second time the by -law entitled "A By -Law to Amend a By -Law Respecting the Stopping Up and Closing Highways in The :.;City of Saint John Made Under the Authority of Section 186A of the Municipalities Act 1966 Amendments Thereto ". On motion of Councillor A. Vincent ' Seconded by Councillor Murphy RESOLVED that the by -law entitled " A By -Law to Amend a By -Law Respecting Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 186A of the icipalities Act 1966 and Amendments Thereto." with respect to the closing of Third Street (formerly Snow Street) mencing at its intersection with Rothesay Avenue and extending northerly the entire distance of the street, sav- and excepting 150 feet of the said street which was previously stopped.up and closed on June 26th, 1972, be d a third time and enacted and the CorporateV3Common Seal affixed thereto. The by -law entitled "A By -Law to Amend a By -Law Rhspecting the Stopping Up and Closing of Highways in The ty of Saint John Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto ", s read ih its entirety prior to the adoption of the above resolution. On motion of Councillor Cave • Seconded by Councillor Murphy RESOLVED that the letter from the Aeting City Manager, with reference to the plaint of Mrs. Winnifred L. Jennings, 691 Chapel Street, Saint John West, that passing busses shake the ses on this street resulting in detrimental effects, advising that the condition of this street has been eked and the asphalt topping generally would appear to be in fait condition and does not yet require major surfacing, and further advising that, however, maintenance work will be carried out on rough patches in order smooth out the surface and cut down vibrations due to traffic, be received and filed and the said maintenance k be carried out. Councillor MacGowan asked.if, there is any way to check the foundation on which this street is built. e asked if a check has been made of the vibrations felt in these homes, and the damage done in their walls.,_ . Barfoot made negative reply, and added that the City staff will take a further look at the history of is matter. On motion of Councillor Murphy. Seconded by Councillor Cave } RESOLVED that the letter from the CCity Solicitor, further to cortesponden bmitted by him to Common Council at its meeting held on March 18th, 1974 and the Council resolution of that to which referred hhe proposed By -Law Respecting Standards for Maintenance and Occupancy of Buildings and emises to the Minister of Municipal Affairs for his views, advising that the said by -law has now been prepared final draft form as a result of obtaining the said Minister's views and the opinion of the Provincial Department Justice, and that this by -law, by reference, adopts the Provincial Code, and further advising that if first ading of this proposed by -law is given, it is necessarythatthe Council authorize the Common Clerk to publish Notice in the local newspaper of the Council's intention to consider the passing of the by -law and that, as well, copy of the by -law and the Code must be made.available for inspection at the office of the Common Clerk for not as than fifteen days before third reading is given, be received and filed: AND FURTHER that the by -law entitled "A By -Law Respecting Standards for Maintenance and Occupancy • Buildings and Premises" be read a first time. Read a first time the by -law entitled "A By -Law Resspecting Standards for MaintenSmIce and Occupancy Buildings and Premises ". I ' ---> * L- 6 -19 -33 • • �+ / /Ct GOooi ,.AC,_A*4& 4ey '06,6 7; i�I Z_Ad- AIM a6c. * and an area of slightly move than an acre of assembled :land, and the entire sprinkler 63 Councillor Green stated that he intends to bring up at the next meeting of Council a matter he wishes to discuss in this proposed by -law, having to do with protection for both sides. On motion of Councillor Mupphy Seconded by Councillor Cave RESOLVED that ah. requested by the City Solicitor, permission be granted to 4im to attend the American Right of Way Association and the Executive of the Atlantic Club Affiliate meeting to be held in Toronto on April 24th, 1974 to discuss the new Expropriation Act recently passed in New Brunswick, in the light of the Ontario Act: AND MURUMIthat Councillor Green, who is a member of the Land Committee, be authorized to attend the said meeting, as well, if he so desires. Mr. Barfoot advised that he has authorized Mr. A. Hanley of the Red3lEstate Department of the City, who works closely with the Land Committee, and who is an able representative from that particular section of the City organization, to attend the above named meeting. Councillor Murphy's original motion in the above matter was that Mr. Rodgers be authorized to attend the said meeting, and this motion was seconded by Councillor Kipping, who, as seconder, did not consent to adding to the motion the authorization that Councillor Green attend, as he felt that attendance by the City Solicitor and the representative named by the Acting City Manager was sufficient representation from the City. At this point, Councillor Cave became the seconder of the above motion. Question being taken, the motion was carried with Councillor Kipping voting "nay ". On motion of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that as required by the Redevelopment Officer, approval be given for the acquisition of the freehold interest of 23 -35 Dock Street (F- 6 -19 -4) from the A. E. McInerney Estate for a figure of total ccompensation in the amount of $72,000.00 for all right, title and interests in this property free and clear of all encumbrances and including all claims of any nature whatsoever and legal and appraisal fees, the approval of the Partnership of this pl}ichase at the said figure having been acknowledged. On motion of Councillor Murphy Seconded by Councillor Davis RESOLVED that as per the request of the Redevelopment Officer, approval be granted for the acquisition of all the interests involved in 39 Dock Street (F- 6- 14 -5) -of Cash & CArry Cleaners Ltd. , free and clear of all encumbrances, and including any claims of any nature whatsoever, for the total compensation figure of $262,000.00 (Realty $141,900.00, Business Disturbance $115,100.00, Fees - Legal, Appraising and Negotiation $5,000.00 totalling $262,000.00)- the appraisal of the Business Disturbance including all equipment and compensation for the normal costs incurred in closing out a business -the acquisition of this freehold property at the said total compensation figure having been approved by the Partnership. Councillor Murphy felt that the figure for business distunbance appears to be quite high. In explanation Mr. Thompson pointed out that Mr. Buck's letter notes that this will be a "going- out -of- business" settlement and that the appraisal of the realty includes not only the land and the building but also all of the service systems such as heat, steam, air, et cetera. Mr. Thompson added that the owner of this business is at the age now when he feels it will be easier to retire than to start out afresh in business, and therefore, he is selling everything to us; it is our hope, when we acquire this property, to auction off this equipment and realize a substantial am- ount of money -this action has been so recommended by our appraisers. Councillor MacGowan commented that she can - not approve this acquisition at four times its assessed value, even though the Partnership has approved it. Question being taken, the motion was carried with Councillors MacGowan, Parfitt,_M. Vincent, A. Vincent and Gould voting "nay ". On motion of Councillor Murphy Seconded by Councillor Davis RESOLVED that in accordance with thh request of the Redevelopment Officer, approval be granted for the acquisition of all the interest of G. 8. Barbour Co. Ltd. involved in F- 6- 19- 301`L- 6-19-36, 16 North Market Wharf, free and clear of all encumbrances, for the ao% pensat6onofig&teo6ft$658925 @aO® of (Realty $639,015.00, Machinery and Equipment $15,635.00, Fees (Legal, Appraising and Negotiation), totalling $658,950.00) for nine buildings, including a refrigerating building *system, the heating, lighting and plumbing and referigerating systems, the site improvements and the aijoining Yight -of -way -the acquisition of these properties at the said compensation figure having been approved by the Partnership. C, J I` On motion of Councillor MacGowan Seconded by Councillor Kipping RESOLVED that the Council reconsider thh above motion regarding the proposed uisition of the said G. E. Barbour Co. Ltd. properties. Question being taken, the motion was carried with Councillors MacGowan, Davis, Kipping, Murphy and Cave the Deputy Mayor voting "yea" and Councillors Gould, M. Vincent, A. Vincent, Parfitt and Green voting "nay"/ On motion of Councillor A. Vincent Seconded by Councillor green Councillor Murphy asked if the above named firm plans to relocate in Saint John. Mr. Thompson replied that he has tried to ascertain the answer to this question but the company is non- commital. Question being taken, the motion was lost with the Deputy Mayor and Countillors Davis, Kipping, Cave and Murphy voting "yea" and Councillors A. Vincent, Green, Gould, M. Vincent, MacGowan and Parfitt voting "nay ". Councillor A. Vincent proposed a motion, which was not seconded, that the Urban Renewal people, the Acting ti City Manager and staff of the Saint John Port and Industrial Development Commission meet tomorrow morning prior to the Commission meeting, and meet with G. E. Barbour Co. Ltd. tomorrow afternoon and see what the company's in- ' tentions are, and to see if the City can provide them with some of its land or have the company locate in one of our industrial parks. C, J I` On motion of Councillor MacGowan Seconded by Councillor Kipping RESOLVED that the Council reconsider thh above motion regarding the proposed uisition of the said G. E. Barbour Co. Ltd. properties. Question being taken, the motion was carried with Councillors MacGowan, Davis, Kipping, Murphy and Cave the Deputy Mayor voting "yea" and Councillors Gould, M. Vincent, A. Vincent, Parfitt and Green voting "nay"/ On motion of Councillor A. Vincent Seconded by Councillor green 64 5'. @Z Ap- PreCO- ZT ,e. / CdOMq'7 /SS /OB7 tromm/�ee Citcf � "eitor 06*/ q/h/O/7 r+e,l b hzis Otwj!?t T ssoe (Sea9 �� r aR'if, a / 'f y GAO/ 1� SlfS�l3Ps/S rp RESOLVED that the matter of acquisition of the G. E. Barbour Co. Ltd, properties at North • Market Wharf be laid.on the table until after the April 23rd next meeting of the Saint John Port and Industrial Development Commisssion. Councillor M. Vincent asked if the matter of this property acquisition can be further negotiated. Mr. Thompson stated that it would be rather techaffi¢al since the Partnerskip advisors and staff have approved it in the amount recommended, as noted in Mr. Buck's letter. Question being taken, the motion to table was lost with Councillors A. Vincent, Green, MacGowan, M. Vincent and Kipping voting "yea" and the Deputy Mayor and Councillors Gould, Cave, Parfitt, Murphy and Davis voting "nay". Councillor Gould stated that he voted against the motion to pay the total compensation figure of $658,1 950.00 because he cannot agree to pay that amount for a property that is on the assessment records for $345,700.00 - presumably, they are the new assessments. He stated that the equipment in question has been in there for many years and is old, worn out and is useless; he feels that the appraisal staffJfor the Partnership should go back and take another look at the property figures regarding price; he feels that the said price is excessive, of $658, 950.00. On motion of Councillor Kipping I Seconded by Councillor Murphy RESOLVED that in accordance with thh request of the Redevelopment Officer, approval be granted for the acquisition of all of the interest of G. E. Barbour Co. Ltd. involved in F- 6- 19 -30, L- 6-19-33, L- 6- 19 -36 -, 16 North Market Wharf, free and clear of all encumbrances, for the compensation figure of $658,950.00 (RCalty c$ 639,015.00, Machinery and Equipment $15,635.00, Fees (Legal, Appraising and Negotiation,) totalling $658;950.00) for nine buildings, including a referigerating building and an area of slightly more than an acre of assembled land, and the entire sprinkler system, the heating, lighting and plumbing and refgigerating system, the site improvements and the adjoining right -of- way -the acquisition of these properties'at the said compensation figure having been approved by the Partnership: AND FURTHER that the Saint John Port and Industrial Development Commission be notified tomorrow • that the above named authorizat&on has been given. Question being taken, the motion was lost with the Deputy Mayor and Councillors Kipping, Murphy, Davis and Cave voting "yea" and Councillors Gould, A. Vincent, MacGowan, Parfitt, M. Vincent and Green voting "nay ". The Deputy Mayor noted that the City staff would have to bring the above matter back to Council, and he felt that the staff could best.advise the Council of the implications of the non - adoption of the motion to ac- quire the said properties, over the next few days, and that perhaps the said Port and Industrial Development Commission can take the.matter up tomorrow morning. 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 begs leave to report that it sat on AApril 8th, Lockhart, and Councillors Cave, GGould, Green, Murphy, MacGowan, to submit the following report and recommendations, namely:- Mayor 1974, when there were present Deputy Higgins Parfitt and M. Vincent, and your Committee That the letter from the City Solicitor, dated April 8th, 1974, giving a requested legal opinion with t to money disbursed by the Council in the foam of grants to individuals and =� organizations and the ity under which such grants may be made, be received and filed. That based on the legal advice sought by the Common Council from the City Solicitor on the matter f general grants to individuals and associations in the City of Saint Joon and having regard to the criteria • oncerning grants set out by the City Solicitor in his letter dated April 8th, 1974, the request made by the outh End Tenants' Association Inc. for a $5,000.00 grant be refused. 3. That the letter from the ACting.CCity Manager submitting correspondence which advises that the Minister of State for Urban Affairs for Canada has authorized a grant of $35,000.00 to the City of Saint John for an Urban Design Study for the City core, to be completed by July, 1974, for which no City funds are required, and that the study would have an important short term objective to provide a development scheme for the threebblack area, comprising the Market Square Complex, the City Hall "super block" and the Brunswick Square development and that it would also have a longer term objective of providing guidelines for core redevelopment policies and tools; and advising that the City staff recommend the appointment of General Urban Systems Corporation of � Montreal to conduct the study, and that the Acting City Manager requests approval of the study and the appoin ment of the General Urban Systems Corporation to conduct the study - -be received and filed and the recommendation- Saint John, N. B., 22nd April, 1974. Respectfully submitted, (sgd.) Thomas J. Higgins, Chairman. On motion of Councillor Murphy I Seconded by Councillor Cave RESOLVED that section 1 of the above report be adopted. Councillor Gould stated that from the Committee of the Whole discussion held on April 8th, last, section 2 of the above report is not in accordance with the decision reached in Committee of the Whole on this particular matter; the decision was -hhat the South End Tenants' Association Inc. were to be informed that since that body attempted to change the terms under which the Budget Committee has approved of the grant by the City to that Association originally, the Association be advised accordingly and that it should re- submit £or the requested grant; that is, the Association attempted to change the terms for which the grant was approved and to use it for a different purpose than that for which the City had budgeted that amount and the Council • was not in agreement with that. On motion of Councillor Cave Seconded by Councillor Murphy T:fti S;) 1, I 61.�tVd /9sSee.,(fi� • • J IL i V / "- n ;.� - i 65 RESOLVED that section 2 of the above report be amended to read, "That based on the legal advice smught by the Common Council from the City Solicitor on the matter of general grants to individuals and associations in the City of Saint John and having regard to the criteria concerning grants set out by the City Solicitor.in his .letter dated April 8th, 1974, and having regard to the fact that the sum of $5,000.00 approved by the City Budget Committee as a grant to the South End Tenants' Association Inc. was granted for a punpose the terms of which the Association now wishes to change and to which the Council does not give agreement, the request made by the South End Tenants' Association Inc. be refused," and the ameddednsection 2 be adopted. Councillor MacGowan voted "nay" to the above motion. On motion of Councillor Murphy Seconded by Councillor MacGowan RESOLVED that section 3 ofChhe above report be adopted, and that the report be received and filed. Councillor Davis expressed the view that the above mentioned threeeblocks have really the ePdone already regarding a study, and that what is needed is an immediate study of the area starting in the South End and coming up along Water Street, Prince William Street and King Street; that somehow or another we have to get gmmng on our old City Hall buildings on Prince William Street, and to get going on how to get started on the parking facilities on Market Square and how to line up the engineering for Water Street -that has all been done, but we cannot seem to correlate it -we also have the problem concerning a rink in the South End. He stated that, person - ally, he would like to have General Urban Systems Corporation haveaa look at the area'to which he has referred, rather than the three becks up -town because the said consultants could give us a good start in that respect. The Deputy Mayor felt that the Council can certainly ask the said group to consider the point made by Councillor Davis, and our concern for it. He noted that the terms of reference of the study that this gropp is to do have generally been decided upon, but he is of the opinion that the area leads to the other. Councillor Davis stated he feels that the south side of King Street is the side that needs attention. Councillor Murphy proposed a motion, which was not seconded, that the letter from the Saint John Parking ission, advising that at a meeting of the Commission held on March 26th last a motion was adopted, with enting vote by Mrs. Palmer, that members of the said Commission be paid $10.00 per meeting and that the rman receive $15.00 per meeting, and requesting the Council's approval of this motion, be received and filed the requested approval be given. On motion of Councillor Kipping Seconded by Councillor A. Vincent RESOLVED that the letter from the Saint John Parking Commission which ests that the Common Council approve the motion which the Commission adopted at its meeting held on March last that members of the said Commission be paid $10.00 per meeting and that the Chairman receive $15.00 per ing, be laid on the table and, in the interim, the Council be given a report from the Acting City Manager on City commissions that are being paid, and the amount of remuneration that is being paid to them. On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the City Market mittee, authority be granted to renew the lease of Hames B. Howard(known as Howard's Tobacco, 45 Charlotte eet) for premises in the Charlotte Street building of the City Market, at the expiration of the present lease June, 1974, and that the new lease be for a four -year period with an additional three -year option, and that it vide for a ten per cent increase in rental June 1st, 1975 and a review of the rent at the end of 1975. Councillor A. Vincent asked that the committee composed of Councillors Black and Cave, the Chief of Police Mr. J. C. MacKinnon, Assistant Director of Works - Operations, meet on the problem of providing parking spaces the North and South Market Streets area for Market tenants and their customers, and have a report teady in the ter for the next meeting of Council. On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that the letter from the Transportatcon Committee, to whom was eferred for a report the complaint made by Mrs. Winnifred L. Jennings of 691 Chapel Street, Saint John West, hat busses are driven fast during rush hours past her home, and causing vibration, advising that this problem as discussed by the Committee, and that the Committee wishes to advise that as Chapel Street is a short street, t would be impossible for bussess to drive at an excessive rate of speed, and that, however, the management of ity Transit Ltd, has been requested to direct the drivers to exercise due care and caution when proceeding on his thoroughfare, be received and filed and Mrs. Jennings be so advised. On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Bingo Committee, has received applications for six Giant Bingos at the Lord Beaverbrook Rink during the year 1974, whereas it resolution of February 20th, 1967 authorized the holding of three bingos during the year at each of the ster and Simonds Centennial Rinks and the Lord Beaverbrook Rink, and that, however, a total of nine bingos be allowed per year at the said three rinks. On motion of Councillor A. Vincent 11 Seconded by'Councillor Murphy rq RESOLVED that the Common Council accept the sum of $1.00 in lieu of land oo public pnoposes in the sub - division of Mrs. Charles McIlveen which is situated on the easterly side of the sw ed Head Road about one - quarter mile north of Anthony's Cove Road; the recommended sum being waived in this case ,dl ecause the late Charles A. McIlveen at no cost made land available in this area for recreation purposes for many ears and helped to develop it for recreational purposes: AND FURTHER that the letter from the Planning Advisory Committee in the above matter, recommending that the Common Council accept the sum of $240.00 in lieu of the said land for public purposes in this proposed sub - f/_T division, be received and filed. Councillor Davis, and Deputy Mayor Higgins voted "nay" to the above motion. The Deputy Mayor stated that he not believe it is the Council's prerogative to waive acceptance of the said recommended payment in lieu of .sion of land for 'public purposes. 66 1 On motion of Councillor Murphy �df�'9g7- �J� Seconded by Councillor Davis lje iZOq //7 RESOLVED that as recommended by the Planning Advisory Committee, authority be granted to advertise for Sunrise Contractors Ltd. (Mr. Dante Foriere) the proposed re- zoning in Sunrise fi0/'S /.�5� Park Sub - division of an area of about 80 acres lying east of the Graham Brook on the northerly side of the Loch Lomond Road about a mile east of Blindman's Lake from "RS -2" One- and Two - Family Suburban Residential .ZLggz'�? �Q/9 %E°ne district to a variety of areas including "R -113", one - family, "R -2" one- and two - family and "RM -1" up to Sww se three- storey multiple family residential classifications. '6660 —oe/ v- Councillor Cave asked that before third reading, a plan of the proposed project be supplied to the Council, in the above matter. On motion of Councillor Murphy ' Seconded by Councillor Gould AW /a � W RESOLVED that the letter from the Planning Advisory Committee submitting information in reply to the letter received by Common Council from Miss Leola F. Ward of 410 Douglas Avenue Te— x o/7 /nf on the subject of future zoning status of the property now occupied by Eastern Bakeries Ltd. on Douglas Avenue, be received and filed and Miss Ward be furnished with a copy of the said report. /eS zeell On motion of Councillor Murphy ' Seconded by Councillor Cave RESOLVED that as -;recommended by the Planning Advisory Committee, authority f?e- .zol7 %h9 be granted to advertise for Mills Construction Limited the proposed re- zoning of an area of land at the end of Jack Street off the Sandy Point Road from "R -2 ", one- and two- family district to "RM -1" up to three - storey multiple family district. On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law • of The City of Saint,.John and Amendments Thereto" insofar as it concerns re- zoning an area of land at the end of Jack Street off the Sandy Point Road from "R -2" one- and two - family district to "RM -1" up to three- storey multiple family district, be read a first time. 7 Read a first time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto.'. On motion of Councillor Cave On motion of Councillor Murphy Seconded by Councillor Gould / RESOLVED that authority be granted to advertise the following proposed sLGpGZp /�/ /S/ B %7 amendment to the Subdivision By -Law which is recommended by the Planning Advisory Committee, namely, that • m �� the following be substituted in the said by -law for Section 16 (4): "(4) The maximum length of a cul de •i� /sac is 600' in.One and Two Family zones, 400' in any other zone and the terminal or turnabout shall be a circular or rectangular area with a minimum diameter or width of 124 feet. In either case, the turnabout eal 0& 5�?e is symmetrical about the centre line of the street or the exit of the roadway loop is in line with the street. ", and that the Legal Department be asked to prepare the proposed amendment to this by -law. Seconded by *.Councillor Murphy RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John and Amendment s Thereto" insofar as it concerns re- zoning an area of land at the 40 end of Jack Street off the Sandy Point Road from "R -2" one- and two - family district to "RM -l" up to three- storey multiple family district, be read a second time. L� /AM ei�dt , Read a second time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto'. On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that the letter dated April 16th, 1974 from the Planning Advisory Committee to whom the Council referred on April 8th last a proposal to amend the Planning Act so that future C�a/rr»ah. Advisory Committee chairmen would be appointed by the respective Councils and not be elected by their member - in Planning Advisory Committee ship, advising that the view of the the proposal would appear to run counter to the very spirit of the Act, where a real effort has been made to place local planning discussions and recommenda- C04"J"• tions in the hands of a comparatively independent group under as little pressure from extraneous sources as possible and able, therefore, to speak freely and act in the interests of the community as a whole, and that, R/p �C� in the opinion of the said Committee, the present Planning Act admirably achieves that objective as it now • "mo stands, and further advising that the City of Saint John has other agencies for which it does not appoint chairmen such as, for example, the Urban Renewal and Port and Industrial Commissions, and stating that the Committee believes the general public prefers to have it this way - as a mark of citizen input to the political decision making - and that the Committee believes, too, that any group which deals with som many and varied complex matters as it does should be free to decide who will lead it as chairman - and advising that the n Committee therefore recommends that the Common Council go on record as opposing the proposed amendment, be received and filed and the recommendation adopted. On motion of Councillor Murphy Seconded by Councillor A. Vincent , RESOLVED that the letter from the Planning Advisory Committee, further to the proposal to insert a new sub - section (8) to Section 10 of the Zoning By -Law to read, "(8) No application yy 4coppvp9 *—/Vapl for amendment or change in zone shall be considered, where a similar applicationhas been refused by Council, Re,04011L°• Alik% until a period of one year has elapsed from the date of refusal; provided, however, that the Council may waive Ithis requirement if it finds that there is valid new evidence or change of conditions. ", advising that the prNeft Committee reluctantly feels that it has no alternative but to withdraw the originally proposed amendment, and that the Committee would, tiowew'ev, >advocate the Council's consideration of the three following possible alternative approaches: (1) the receipt and hearing of zoning applications at any time.- but with a fixed in terval between a refusal and a reapplication; (2) fixed times for the receipt and hearing of any zoning appli cations several times only a year; or (3) a procedural rule similar to that contained in the.Planning Advisory Committee's Rules of Procedure which are set out in the Committee's letter -- be received and filed and the matter left with staff for further study and a recommendation to Council. On motion of Councillor Murphy Seconded by Councillor Gould / RESOLVED that authority be granted to advertise the following proposed sLGpGZp /�/ /S/ B %7 amendment to the Subdivision By -Law which is recommended by the Planning Advisory Committee, namely, that • m �� the following be substituted in the said by -law for Section 16 (4): "(4) The maximum length of a cul de •i� /sac is 600' in.One and Two Family zones, 400' in any other zone and the terminal or turnabout shall be a circular or rectangular area with a minimum diameter or width of 124 feet. In either case, the turnabout eal 0& 5�?e is symmetrical about the centre line of the street or the exit of the roadway loop is in line with the street. ", and that the Legal Department be asked to prepare the proposed amendment to this by -law. F_ 6:7 � On motion of Councillor Murphy i'Amjv AW9/S • comm. Seconded by Councillor Cave RESOLVED that the letter from the Planning Advisory Committee Chairman, Mr. Leonard D. Andrews, with reference to the re- application for the re- zoning of 400 acres more or less on both sides of the Martinon By -pass at the intersection of the Acamac Backland Road which has been made by Mr. George F. O'Connell, Q. C. on behalf of Mr. Walter Beckett, advising that Mr. O'Connell appeared before the ':Committee to present the new application and that the Committee voted, without dissention, that the previous recommendation .t7 made by the Committee against the re- zoning at this location stand as no valid new evidence or change of condi- tions has been brought out to warrant approval of the proposed re- zoning, and further advising that the re- zoning now proposed places each lot in a single zone and it does not otherwise overcome the Committee's numerous basic 0 i OKOO90111 objections, and further adising that Mr. O'Connell brought out one new aspect in this application which, if ' ,9 60 anything, might weigh further against development at this location: the Province now finds the Acamac Backland Road a public street and under City jurisdiction; the Province could but has not intimated that it would prevent access from it to the By -pass; the Province has intimated that it might be responsible for improvements in the Martinon By -pass right -of -way; a grade separation had earlier been indicated as required if the total development materializes - this-has been estimated as costing $600,000.00 upwards, and it can be speculated which more important city highway project on the Throughway, road to the airport or the northern expressway would be curtailed by the Province if it did have to pay for an expensive intersection at this location -- be received and filed: On motion of Councillor A. Vincent al Seconded by Councillor Gould � �+ RESOLVED that authority be granted to advertise for Mr. Walter A. Beckett • WZr the proposed re- zoning of his property at the Acamac Backland Road and the Martinon By -pass for various uses as —;Z pq% shown on the plan submitted by him. fvo-Aiv Councillor Kipping raised the question as to whether the Council is in a proper position in the above �Os$e matter because it does not have the proposal of Mr. Beckett before it. Question being taken, the motion was lost with Councillors A. Vincent, Gould, Cave, Green and Murphy "yea" and the Deputy Mayor and Councillors Kipping, MacGowan, Parfitt, Davis and M. Vincent voting "nay" Consideration was given to a letter, dated April 16th, 1974, from Councillor Parfitt in which she seeks the Council's support in her efforts to have the City make application to the Department of Public Works in Ottawa for desired land at the Barrack Green and to specify the exact location of the 2.25 acres the City requires on the (• Y site, and in which she reports on her meeting earlier this month with Mr. Sincennes of the said Department in Ottawa in this regard. The Deputy Mayor stated that he appreciates Councillor Parfitt's concern about the matter, ' and, in talking with many Council members and with the Mayor, and with the Recreation and Parks Department, he believes, if Councillor Parfitt wishes, the matter would be turned over to Councillor Kipping and himself, who are the liaison Councillors, to work with all those involved, and the Rink Committee, if Councillor Parfitt so wishes. Councillor Parfitt signified her willingness to do as suggested by the Deputy Mayor. alopifw On motion of Councillor Parfitt Seconded by Councillor Murphy .p -� C RESOLVED that the matter of the City making application to the Department /��p �b ' of National Defence through the Department of Public Works, Ottawa, for land on the Barrack Green or of discussing S/ the availability of land thereon, for recreational purposes be referred to Deputy Mayor Higgins and Councillor A�a7 Kipping, the liaison Councillors, to work with all persons concerned, including the Rinks Committee. i . W J On motion of Councillor A. Vincent �vF�s Seconded by Councillor Green Gong/,»/ RESOLVED that the above matter be laid on the table. Question being taken, the motion to table was lost with Councillors A. Vincent and Green voting "yea" and the Deputy Mayor and Councillors Cave, Davis, Gould, Kipping, MacGowan, Murphy, Parfitt and M. Vincent voting "nay '. On motion of Councillor Murphy Seconded by Councillor MacGowan ' RESOLVED that the City of Saint John make application to the Department of National Defence through the Department of Public Works, Ottawa, for land on the Barrack Green for recreational purposes. oo� 4/1' " /d?dV/ On motion of Councillor Davis Seconded by Councillor Green RESOLVED that the above matter be laid on the table. Question being taken, the motion to table was lost with the Deputy Mayor and Councillors Davis, Green and M. Vincent voting "yea" and Councillors A. Vincent, Parfitt, Cave, MacGowan, Gould, Murphy and.Kipping voting "nay "! On motion of Councillor Murphy Seconded by Councillor Kipping RESOLVED that the Mayor, Councillors Kipping and Higgins, (t4d -jsue Councillors to the Recreation and Parks Department) and the Reereation and Parks Department discuss with the Department of National Defence through the Department of Public Works in Ottawa the availability of land at the Barrack Green for recreational purposess Question being taken, the motion was carried with Councillor Davis voting "nay ". On motion of Councillor Murphy Secdnded by Councillor jjA*vigng AND FURTHER that the letter submitted by Mr. George F. O'Connell, dated April 22nd, 1974 in the above matter, enclosing a copy of a letter received by him from the Deputy Minister of Highways of New Brunswick which states that after the Department of Justice investigation it was found that the Acamac - Backland Road is a public road, and further states that the Department of Highways would be required to provide an access for the proper movement of traffic between that Road and Highway Number 7 with regard to the proposed Beckett project, be re- ceived and filed. On motion of Councillor A. Vincent al Seconded by Councillor Gould � �+ RESOLVED that authority be granted to advertise for Mr. Walter A. Beckett • WZr the proposed re- zoning of his property at the Acamac Backland Road and the Martinon By -pass for various uses as —;Z pq% shown on the plan submitted by him. fvo-Aiv Councillor Kipping raised the question as to whether the Council is in a proper position in the above �Os$e matter because it does not have the proposal of Mr. Beckett before it. Question being taken, the motion was lost with Councillors A. Vincent, Gould, Cave, Green and Murphy "yea" and the Deputy Mayor and Councillors Kipping, MacGowan, Parfitt, Davis and M. Vincent voting "nay" Consideration was given to a letter, dated April 16th, 1974, from Councillor Parfitt in which she seeks the Council's support in her efforts to have the City make application to the Department of Public Works in Ottawa for desired land at the Barrack Green and to specify the exact location of the 2.25 acres the City requires on the (• Y site, and in which she reports on her meeting earlier this month with Mr. Sincennes of the said Department in Ottawa in this regard. The Deputy Mayor stated that he appreciates Councillor Parfitt's concern about the matter, ' and, in talking with many Council members and with the Mayor, and with the Recreation and Parks Department, he believes, if Councillor Parfitt wishes, the matter would be turned over to Councillor Kipping and himself, who are the liaison Councillors, to work with all those involved, and the Rink Committee, if Councillor Parfitt so wishes. Councillor Parfitt signified her willingness to do as suggested by the Deputy Mayor. alopifw On motion of Councillor Parfitt Seconded by Councillor Murphy .p -� C RESOLVED that the matter of the City making application to the Department /��p �b ' of National Defence through the Department of Public Works, Ottawa, for land on the Barrack Green or of discussing S/ the availability of land thereon, for recreational purposes be referred to Deputy Mayor Higgins and Councillor A�a7 Kipping, the liaison Councillors, to work with all persons concerned, including the Rinks Committee. i . W J On motion of Councillor A. Vincent �vF�s Seconded by Councillor Green Gong/,»/ RESOLVED that the above matter be laid on the table. Question being taken, the motion to table was lost with Councillors A. Vincent and Green voting "yea" and the Deputy Mayor and Councillors Cave, Davis, Gould, Kipping, MacGowan, Murphy, Parfitt and M. Vincent voting "nay '. On motion of Councillor Murphy Seconded by Councillor MacGowan ' RESOLVED that the City of Saint John make application to the Department of National Defence through the Department of Public Works, Ottawa, for land on the Barrack Green for recreational purposes. oo� 4/1' " /d?dV/ On motion of Councillor Davis Seconded by Councillor Green RESOLVED that the above matter be laid on the table. Question being taken, the motion to table was lost with the Deputy Mayor and Councillors Davis, Green and M. Vincent voting "yea" and Councillors A. Vincent, Parfitt, Cave, MacGowan, Gould, Murphy and.Kipping voting "nay "! On motion of Councillor Murphy Seconded by Councillor Kipping RESOLVED that the Mayor, Councillors Kipping and Higgins, (t4d -jsue Councillors to the Recreation and Parks Department) and the Reereation and Parks Department discuss with the Department of National Defence through the Department of Public Works in Ottawa the availability of land at the Barrack Green for recreational purposess Question being taken, the motion was carried with Councillor Davis voting "nay ". On motion of Councillor Murphy Secdnded by Councillor jjA*vigng 6 8 * On motion of Councillor Murphy, Seconded by Councillor Gould, RESOLVED that the letter from the Board of School Trustees of School District Number 20 advising that the Saint John City Schools Junior High Band will be taking part in an exchange concert prog amm witChtthe Joseph A. Leonard High School Band in Old Town, Maine, U. S. A. from May 10th -12th next at a cost of close to 1,00.00 for transportation, and soliciting the financial assistance of the City of Saint John toward this cost, be referred to the Budget Committee for consideration. ma P-e J. ✓. RESOLVED that authority be granted to advertise the City's intention to enact a by -law for 5 A /�p_ the adoption of the Saint John East Development Scheme (Phase One -Stage One) proposal which was submitted • ./L,,-eS.°e/!1� to Common Council by the New Brunswick Housing Corporation by letter of March 25th, 1974. Councillor A. Vincent voted "nay" to the above resolution, stating he believes that the City is just wasting its money in the above noted matter. �Fi.LJ, NS.9 4orP On motion of Councillor Murphy It Seconded,:by,,Councillor Green f, RESOLVED that the letter from Central Mortgage and Housing.Corporation advising that Century_21 Housing Project of 462 housing units which have been financed by the Corporation is virtually complete and well on the way to full occupancy and that this project is achttving the objectives of easing the rental,market situation in Saint John and at the same time offering needed accommodation. at reasonable rental rates,, and suggesting that public transportation should now be in operation alonggHickey Road on a reasonable schedule basis,.and requesting, therefore, that the Council examine the matter with a favourable decision to,implement this service in the near future, be referred to the Transportation Committee �Ibft��c for a report, with the request that everything possible be done to provide this requested service. Councillor Cave noted that trial bus runs were held in this area by City Transit Ltd., who at no time C+-DiYy>s7 %Z has refused to make trial runs for the Transportation Committee, but in spite of assurances that persons livin In this particular area, namely Century 21, would make use of the busses, a very small number have, in fact, C1y 7�7s% e done so. He felt that the same situation would be true in future trial runs. 7•! On motion of Councillor A. Vincent Seconded by Councillor Davis RESOLVED that the City Solicitor be asked to look into the matter of the unsigned sub - division agreement regarding the Century 21 housing project, and tosubmit a report to Council in this regard, and that Central Mortgage and Housing Corporation be involved in those negotiations. (sue to of —� * s_L a )- On motion of Councillor Murphy • .5�.Xa4r. F//oo %f Seconded by Councillor Gav61 T/1 %O� �� RESOLVED that the letter from the Board of School Trustees of School District �u �Di.57/ss_ umber 20 with regard to the request from the City of Saint John to construct an arena on the Simonds High 9 liSchool site, Hickey.Road,.advising that information presented totthemmeeting of the Board held on March 27th last by the Board's Properties Committee revealed that the arena would be available for daytime school use, without charge, in return for a lease to the City of Saint John of a portion of the Simonds High School site on which the arena would be constructed, and that it was the concensus of opinion at the meeting that, subject to a suit - *44901 Va. able arrangement for school use, the corstruciton of an arena on this site would be an asset to the school and the '� S% community, and further advising that the Board bf formal motion, resolved to recommend to the Minister of Education �� that the City of Saint John be granted permission to construct an arena on a portion of the said school site to be /11ek v4d. leased to the City of Saint John -such lease agreement to contain prokision for daytime use of the faciltiy on a c//poi7L�S r/ /�� chedule basis by the school, without charge; and further advising that the action of the Board in this matter a � k as been conveyed to the Minister of Education and it is suggested that the City of Saint John prepare a draft ' sc4ovl Lease agreement for submission to the Minister of Education - -be received and filed and the above mentioned d(ews o VWor rrangement be accepted and the matter be referred to the Recreational and Parks Department and to the Receeattmti /�%i n. i0 nd Parks Advisory Board to work out details and to report back to Council.. /1l0Ci°.01 J P. '� On motion of Councillor Davis Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. D. A. Noel, Marketing Manager of astern Bakeries Limited advising of the desire of the New Brunswick Bakers Association.to have the existing read By -Law in the City of Saint John repealed, so that white bread in this city can be standardized to a 29- /L°5 fC� )unce loaf as in all other areas of the Maritimes, and outlining the reasons for making this request, and stating hat if the Council agrees with the information contained in the letter with regard to the Food Prices Review oard report on bread prices and with the bread industry's problem,,principal officials of Eastern Bakeries / imited and General Bakeries Limited of Saint John, Lanes Bakery Limited of Moncton, and Karnes Bakery Limited • f Woodstock, N. B. would like to be present at a Council meeting to make a formal presentation to Council 1P t� �r��itdr hkough a spokesman, be referred to the Legal Department for a report to Council as to what direction theCCouncil [• r•+� hould take in this matter, following a meeting by the City Solicitor with members of the said Bakers Association. Mr. Rodgers took note of the suggestion of Councillor A. Vincent that he ask for input in the above aorajo -/% iatter from the Saint John District Labour Council and from the Saint John Board of Trade. On motion of Councillor Murphy Seconded by Councillor Cave ' RESOLVED that the letter from A. J. Callaghan, P. Eng., on-behalf of Nova �,�// L obile Homes Limited, requesting that an area adjacent to the existing approved Latimer Lake Mobile Home Hark _ 4.6. %if4i�e a designated for a mobile home park, as shown on the submitted plan, involving an area of approximately 55.8 acres �t nd to contain approximately 350 units, located immediately to the east of the said existing mobile home park, be „L r ,fe LL_ eferred to the Planning Advisory Committee for consideration and a recommendation. Nay, �7��htyC�Q �N/�� On moti.dn 68 Councillor Murphy 111% /,/ar»/al ite /�u!►hiI19 as IQe7�6 p /J/i /A7e7 i i7 �SY°tt� I%c7�BLti° S. flak s /fie Seconded•by Cohncillor Cave ' RESOLVED that the letter from Mrs. Harold Bizeau, EEldersgeyy Avenue, g that action be taken to correct the situation in the Eldersley Avenue and Latimer Lake area which has _ caused by dogs running at large, be referred to the Animal Rescue League for attention. On motion of Councillor Murphy Seconded by Councillor M. Vincent RESOLVED t"t the letter from the Saint John West Citizens Association cating the preference of its members for the Lowell Street site or the Beaconsfidid rink site as a site for the arena for Saint John West, rather than having a satellite to the Lancaster Centennial Arena, be received filed and referred to the Arena Sites Committee for its consideration. • I r • Floof �� :I LO e0�4 .Canal Coo 4q1,011 0ye RN, alis7. 0 9 69 On motion of Councillor A. Vincent Seconded by Councillor Murphy RESOLVED that this meeting continue, in legal session. On motion of Councillor A. Vincent Seconded by Councillor Mavehy RESOLVED that the letter from the Royal Trust Company, dated April 11th, 1974, with regard to the property at ChaMplain Drive, Saint John East, which the Common Council agreed to pur- chase from Kenneth Black on recommendation of the Land Committee, advising that at that time, it was agreed that $1,000.00 was to be payable to the Royal Trust for theft service and $9,000100 was to be payable to Mr. Black as owner, and further advising that after many months of procrastination by City departments the property finally transferred' and all the $10,000.00 was paid directly to Mr. Black for the long delays ehcountered, and that Mr. Black now refuses to pay the Royal Trust Company the $1,000.00 commission owing because of real 'estate appreciation and loss of interest on probably.invested money, and requesting that the City of Saint John therefore pay the sAid company commissions due the company in the amount of $1,000.00, be received and filed and Roypl Trust Company be notified.that in the opinion of the City Solicitor the City has no legal obligation to pay this commission. Councillor A. Vincent asked that, tomorrow morning, the Acting City Manager give his attention to the' following problem: about two months ago the flashing blew off the wall of the City -owned building between the old City Hall and the former Palatine building on'Prince William Street and this has allowed bricks to move out of place on the wall. He warned that if this is not corrected the wall will crumble and fall very soon. Councillor Gould asked that the Acting City Manager see that barricades are put up to protect pedestrians D passing by the work that is being done on the face on the Paramount Theatre on King Square north. Councillor Gould stated that the Rocca interests have opened­a new.store on the corner of Millidge Avenue and Spar Cove Road.and they have not cleaned up existing debris. He asked that the Acting City Manager see that these developers edIan up the said debris. Ala? cow S,P�aip �o�c On motion The meeting adjourned. 70 1 At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the sixth day of May, A. D. 1974, at 4.00 o'clock.p.m. • present A.R.W.Lockhart, Esquire, Mayor Councillors Black, Cave, Davis, Green, Higgins, Kipping, Murphy, MacGowan, Parfitt, A. Vincent, and M. Vincent -and- Messrs. N. Barfoot, Acting City Manager, R.Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J.C.MacKinnon, Assistant Director of Works- Operations, M..Zides, Municipal Planning Director, D. Buck, Redevelopment e Officer, D. French, Personnel Officer, P..Clark, Fire Chief, R. H. Stone, Deputy Chief of Police, F. Grass, Information Officer, R. Dhar, Supervisor of Technical and Inspection Services, A. Ellis, Building Inspector, J. Gabriel, Assistant Director of Parks, S. MacDonald, Director of the Promotion Department, A. Hanley of the Real Estate Department, and C.J. Farrell, Advisor to the City ' A prayer, which opened the meeting, was invoked by The Reverend John E. Fraser of the Parish of the Cathedral of the Immaculate Conception. . On motion of councillor Black Seconded by Councillor Murphy 'RESOLVED that minutes of the meeting of Common Council held on April 22nd last, be confirmed. ;Fvepewz jrx Councillor Parfitt noted that at the April 22nd meeting of Council the following .5� resolution was adopted, "That the Mayor, Councillors Kipping and Higgins (liason Councillor* to the Recreation and Parks Department) and the Recreation and Parks Department discuss awly with the Department of National Defence through the Department of Public Works in Ottawa the availability of land at the Barrack Green for recreational purposes ". and that the �.y� wording of this resolution leaves a question as to how the resolution is to relayed to /� /uid�Or the Federal departments concerned. The Mayor replied that he has been in contact with the office of the Honourable J. E. Dube, Minister of Public Works, Ottawa, and that he expects to hear from the Minister shortly regarding a date for a meeting, and whether the meeting will be held in Ottawa or Saint John, at the Minister's convenience. On motion of Councillor Black Seconded by Councillor Murphy JPeiI^ RESOLVED that in accordance with the recommendation , contained in the report from the Acting City Manager, the bid of Sanfa6 Industries Ltd. to supply and install one high pressure cleaning unit for the repair garage at a cost of _ Gfih� $4,000.00 plus 8% Provincial Sales Tax, and the bid of G.•R.Galbraith Supplies Ltd, to furnish one portable electric welder at a.cost of $2,184.00 plus 8% Provincial Sales Tax, Sa/7rew X be accepted, these being. the lowest bids received meeting required specifications. Yhge!lS3 rP e s In reply to Councillor A. Vincent, who asked whether or not the tender call 1_4d pecifications made it clear that the tender price was to include installation of the bone named cleaning unit, Mr. Barfoot assured him that this was stipulated in the said pecifications. On motion of councillor Black Seconded by Councillor Green J RESOLVED that as recommended in the report submitted sepij%c�efe y the Acting City Manager, the tender of Loyhlist City Crane Service Ltd, for supplying owing service to the City for the period ending April 30th, 1975 at the rates listed in he report, be accepted. ctr 71e xepwlce 0 Seconded by Councillor Green (�up7�7�y0J7J RESOLVED that as,reeommended in the report from the • e9Q GeP?<i�dL cting City Manager, the quotation from the Fairville Dept. Snore for supplying 50 eajackets and 530 pairs of shoes for the Police and Fire Departments at a total cost / hy of $11,742.60, at the unit prices listed, be accepted. %hv/ %fie lie On motion of councillor Black Store Seconded by Councillor Cave RESOLVED that the letter from the Acting City Manager advising that one bid was received, in the amount of $11,469.00, from J.E.Wilson Roofing re"Jeer cvertApo. Ltd., in response to a public call for proposals to supply and install lot a minimum exhaust S Ystem in the Rothesay Avenue garage, and that the 1974 budget makes provision for $5,000.00 .�X�1e7K 5� �ei %p` o be spent on this project, and that it is therefore recommemded that be this proposal receive - accepted and that the requirements be modified to come in line with the budget estimate, ,"�C//ooO� a received and filed and the recommendation adopted. ;DD7� a7f (-L7.`d Mr. Barfoot advised that the City staff is investigating the thought that the cost f the minimum exhaust system could be reduced through City personnel doing some of the Labour involved, and fabricating some of the required material for the system. On motion of Councillor Murphy ' Seconded by Councillor Green J RESOLVED that as recommended in the report submitted sepij%c�efe y the Acting City Manager, the tender of Loyhlist City Crane Service Ltd, for supplying owing service to the City for the period ending April 30th, 1975 at the rates listed in he report, be accepted. ctr 71e xepwlce 0 E 7 Mr. Barfoot confirmed that the above tender award is for towing services as required y the City, such as:- abandoned vehicles, vehicles seized in evidence, vehicles involved n accidents, City -owned vehicles with mechanical breakdown,and other instances in which the ity is lawfully authorized to remove any vehicle unlawfully parked or abandoned. Councillor ave expressed concern that the above named company would have sufficient vehicles(three ehicles are listed in its tender as being available) to meet the City's requirements during inter snow clearance operations of the City. It was pointed out to him that, in such case, he compnay, if it were short of towing equipment, would then go to any firm it can in order �( o obtain the towing equipment to meet the City's needs. The Mayor riJsed the question as o who is Loyalist CranecService Ltd. and what are the particulars regarding any previous xperience the City may have in hiring towing equipment from this company and whether this s a new firm. Mr. Barfoot replied that he did not have the name of the principal of this ompany at this time. Councillor A. Vincent asked, from a legal standpoint, if ther is anything in the ender call requiring that these towing people put up a bond and notify the city when they ow cars away. He stated that he wants the cars, when towed away, put into a.proper pound, r / It was the consensus of opinion that the motion stand, and in the interim, the ouncil be advised as to who the principals are of the company in question, later in the 71 eeting. Question being taken, the motion was carried. 7� A.M„L. �®ij�'a•2�� s I*Al/ y� 2�6t� /KEGS ve4pwD° ld/+ my-ovo Goo /#i��, aev 4711, sewep- ,0 ' 0e, .0d,, �sg46e. 44W eall - 1031 a9S,f fe Art; PSEIEOp�✓�PYS�. A OS • On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that as recommended by the Acting City anager, authority be granted for payment of the following construction progress certificates, nd approved invoices for Engineering Services in connection.with , pro.jects that have been ndertaken under the Department of Regional Economic Expansion programme:- C_ourtenay Bay Causeway Approaches. . (a) A.J.Callaghan & Associates Engineering Services, Eastern Approaches Payments previously approved Sum recommended for payment, Progress Certificate Number 24, March 31, 1974 . A. D. I. Limited (b) Engineering Services, Western Approaches Payments-previously approved Sums recommended for payment, Progress Estimate Number 23, February 28, 1974, and Estimate Number 24, March 30, 1974 Lorneville Western Industrial Water Supply Godfrey Associates Ltd. Engineering Services Payments previously approved Sum Recommended for payment, Invoice Number 5139, March 29, 1974 McAllister Industrial Park External 30 -inch Sanitary Sewer Supply and Install 30 -inch Sanitary Sewer Gerald J. Ryan Company Ltd. Total value of contract Total work done, Estimate Number 1 Retention Payments previously.approved, . Sum recommended for payment, Certificate Number 1 April 30, 1974 Milford - Randolph - Greendale Collector Sewer Giffels Associates Ltd. Engineering Services Payments previously approved Sum recommended for payment, Estimate Number 29, Invoice Number 22302, April 11, 1974 Western Residential Area Collector Sewer Q. E. D. - Interprovincial Engineering Engineering Services Payments previously approved Sum recommended for payment, Certificate Number 30, March 31, 1974 Bayside Drive Reconstrction and Extension Phase I, Little River Bridge No.l (Widening) Atlas Construction Maritimes Ltd, Total value of contract Total work done, Estimate Number 2 Retention 15% Sum recommended for payment, Estimate Number 2 far P• March 1974 $ .49,979.00 $ 1,228.00 $ 82,085.00 $ 1,189.69 $108,455.11 870.07 $145,560.00 95,692.60 14,353589 Nil $ 81,338.71 $101,569.91 $ 1,051.15 $ 77,852.66 $ 6,444.86 $238,255.70 108,474,89' 16,271.23 38,453.75 72 Councillor Black asked when the actual work in the eastern approach to the Courtenay Bay causeway is to commence. Mr. Barfoot noted that the work on the western • approach has already commenced, and stated that as the contract for the eastern approach X aMawarded approximately one month after..-that for the western approach. He stated that he will obtain the exact date in this regard. Councillor Cave made the suggestion, which he asked be given consideration by the City staff,that in order to expedite the commencement of the causeway approach work in question, that the work be commenced at the Lee's Corner end and the work proceed toward the City. 6o,ve/A7u.,►�y .Sa /rIC7�ye boa s �;� &e COI►G /?e1DDI°t as-4ec�•iflz /A/rgk /a.�e 14,alwsah O&W f�ark..Sa�tg►, s ?2i�io, Ll/PSt Is7�t°� S Seconded by Councillor Murphy RESOLVED that the letter from the Fire Chief advising hat Mr. George Murray of 194 Carmarthen Street has been accepted as a member of Number 1 ompany of the Salvage Corps and Fire Police and requesting that a warrant be issued to Mr. urray, be received and filed and the request complied with. On motion of Councillor Murphy, ' Seconded by Councillor Higgins RESOLVED that the Financial Statements for the ionths of January, February and March last, be received and filed. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that the report from the Acting City Manager' dvsingr_that the four replies that were received in response to the call for tenders for upplying an ambulance have been reviewed by the Purchasing Agent and Officials of the aint John General Hospital,.and recommending that the bid of Lawson Motors Ltd. in the mount of $8,890.56, be accepted, this being the only bid received to meet specifications, e receivedand filed and the recommendation adopted. On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that the letter from the Acting City Manager ubmitting a report from Mr. J. C. MacKinnon, Assistant Director of Works - Operations, with • eference to differing requirements of the various business establishments on King Street, aint John West, for parking spaces, noting that meters have suggested for the area, also, ut it is doubtful whether the expense of installing and patrolling this one isolated group f meters is warranted for the benefit that may be gained by one or two businesses, and that, n the meantime, more frequent enforcement of parking regulations will be arranged, and On motion of Councillor Murphy Seconded by Councillor Higgins �f (d /Acdo, RESOLVED that City Manager, payment of the following Capital Budget as per the recommendation of the Actin' projects progress certificates on ,V,*4i contracts for Capital Budget construction projects, be authorized: - Community Arenas Warnock Hersey International Limited / Engineering Services, Soil Investigation Inter �/ �f� Payments previously approved $ 1,160.00 6 T Sum recommended for payment, Progress Estimate Number 2 April 4, 1974 $ 2,112.70 ' ,'j /11440006/ I/Ve- Simonds Vocational School Simpson Construction Ltd. Construction of swimming pool Total value of contract $319,250.00 /�� Total work done, Estimate Number 9 315,544.77 Retention 47,331.72 Payments previously approved 263,296.43 Sum recommended for payment, Estimate Number 9, March 30, 1974 4,916.62 • 3. a 48 -inch Storm Sewer, Supply an Supply and install 48cinch storm sewer Chitticks (1962) Ltd. Total value of contract $ 88,102.00 y Total work done, Estimate Number-3 '36,515.50 Retention 5,477.32 payments previously approved 20,027.53 Sum recommended for payment, Certificate Number 3, April 30, 1974 $ 11,010.65 On motion of Councillor Cave Seconded by Councillor Green ' Tnde/'s dam RESOLVED that in accordance with the recommendation f the Acting City Manager, the following low bids received for repairs to Number 1 101C°///•�7f` •ncinerator be accepted, namely, that of Saint John Iron Works Ltd. in the amount of y.e�jps 9,113.26 and M.W.Garnett Associates in the amount of $16,450.00, for steel work and S g. Z�% asonry-work, respectively. On motion of Councillor Murphy Rsso� Seconded by Councillor Green RESOLVED that as per the recommendation of the Acting ity Manager, authority be granted for payment of the invoice from Stephen Construction Co., / td. dated May 1st, 1974,in the amount of $11,905.77 for the supply of asphalt to the Works . SGe�b C'pg epartment during the period April 16th to 30th, 1974. • Cro, -4vw, On motion of Councillor Green 6o,ve/A7u.,►�y .Sa /rIC7�ye boa s �;� &e COI►G /?e1DDI°t as-4ec�•iflz /A/rgk /a.�e 14,alwsah O&W f�ark..Sa�tg►, s ?2i�io, Ll/PSt Is7�t°� S Seconded by Councillor Murphy RESOLVED that the letter from the Fire Chief advising hat Mr. George Murray of 194 Carmarthen Street has been accepted as a member of Number 1 ompany of the Salvage Corps and Fire Police and requesting that a warrant be issued to Mr. urray, be received and filed and the request complied with. On motion of Councillor Murphy, ' Seconded by Councillor Higgins RESOLVED that the Financial Statements for the ionths of January, February and March last, be received and filed. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that the report from the Acting City Manager' dvsingr_that the four replies that were received in response to the call for tenders for upplying an ambulance have been reviewed by the Purchasing Agent and Officials of the aint John General Hospital,.and recommending that the bid of Lawson Motors Ltd. in the mount of $8,890.56, be accepted, this being the only bid received to meet specifications, e receivedand filed and the recommendation adopted. On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that the letter from the Acting City Manager ubmitting a report from Mr. J. C. MacKinnon, Assistant Director of Works - Operations, with • eference to differing requirements of the various business establishments on King Street, aint John West, for parking spaces, noting that meters have suggested for the area, also, ut it is doubtful whether the expense of installing and patrolling this one isolated group f meters is warranted for the benefit that may be gained by one or two businesses, and that, n the meantime, more frequent enforcement of parking regulations will be arranged, and 73 CANADA PROVINCE OF NEW BRUNSWICK THE CITY OF SAINT JOHN imee The Municipal Corporation of the City of Saint John under the authority of Chapter 27 of the Acts of the Legislative Assembly-of New Brunswick for the year A.D.1889, entitled "An Act to Unite the City of Portland with the City of Saint John, in The City and_County -of Saint John, and to Amend the Charter of the City of Saint JOhn and The Law Relating to Civic Government ", as amended, and the Municipal Debentures Act, and amendments thereto, and pursuant to resolutions of the said Corporation passed on the 31st day of January, 1973, on the 8th day of May 1973, and • on the 6th day of May, 1974, promises to pay to the Receiver General of Canada the•sum of NINETEEN THOUSAND, TWO HUNDRED AND SIXTY -THREE DOLLARS AND FORTY -SEVEN CENTS ($19,263.47) in lawful money,of Canada together with interest at the rate of 6.33 per centum per annum in equal annual payments pf $4,614.21 commencing on March 15th, 1975, and ending on March 15th, 1978, and a recommending that no change be made in the present parking restrictions on this street - • be referred to staff for further study and a report. Councillor Murphy noted that Chief. of Police H. McKay has said that the only solution to the above mentioned parking problem on'King Street, Saint John West•, is the installation of parking meters. He felt that, therefore, it would appear that the author of the above report did not properly liases with the Police Department, and if that person Pad, the suggeation would not have been made that this section of the street be better policed, as the solution to the problem. He added that parking meters were installed on Main Street, Saint John West, as a solution to a parking problem there, and he felt that this area of King Street in question should be given the same treatment. ' Question being taken,, the motion was carried with Councillors Higgins, Black and Kipping '!nay". voting On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that the letter from the Acting City Manager, dated May 3rd, 1974 setting forth the objectives and terms of reference that have been set �o p ,J�R2Git�A �i p for the central area urban design study that is to be made under contract by General rban Systems Corporation, and noting that the said objectives and terms of reference for epOP°e his contract were formulated in consultation with the Ministry of State for Urban Affairs, 'i."15 OT he Provincial Department of Municipal Affairs and relevant City Departments, and that for d?-ZP he 'purpose of this urbna design study the core of the City is designated as being bounded y Duke Street on the south side, by Carmarthen Street on the east, by Carleton Street on the O�fa45r!//eS iorth side and on the west by the water front, and advising that guidelines will be included to cover the subjects listed in the letter, and that general administration of the study will e under a tri -level committee with members from relevant departments of the federal, provincial; nd municipal governments and that the consultants will be responsible to a tri -level working roup on a day -to -day basis for the performance of the contract, and further advising that • he City agrees to pay and the consultant agrees to accept for the performance of the terms f reference, the sum of $35,000.00, payable for three months for a total not to exceed the greed upon sum - and outlining the arrangements whereby finicial control will be exercised y the tri -level working committee and whereby the committee has the power to withhold ayment and recommend termination of the contract if, in its view, the consultant fails to follow the terms of reference to the working committee's satisfaction, and advising that he terms of reference may be amended by the mutual consent of both parties during the course f the contract, and that a final report will be presented by the consultants to the three Levels of government -- and recommending that the terms of reference as set forth in this Letter of agreement approved and that the Mayor and Common Clerk be authorized to sign a letter pl�01o? of agreement to this effect, on behalf of the City of Saint John, with General rban Systems Corporation -- be received and filed and the recommendation adopted. Councillor MacGowan felt that the terms of reference in the above matter should ake it clear that the City, in the paying sums of money noted in the above letter, is cting as the intermediary for such payments, with the Federal Government supplying the oney for these payments. , In reply to Councillor A. Vincent, who asked what will happen to the results of the engineering work regarding Water Street on which the City has already spent money, the ayor stated that the information from that study will be a big help because all the A/ available maps, reports, charts and diagrams and, in particular, the Comprehensive �'°1P1F7 ommunity Plan, will be studied by the above noted consultants who-will see how it y&gll ✓J an all be correlated, and the consultants will make their report to the Federal Government. n reply to Councillor Davis' query as to when the completion:date is due regarding this articular study, the Mayor replied that he does not know, and that he has not been apprised f same. Councillor Kipping recalled that in the literature related to this matter it says • omething about the end of July as being the completion time of *the study. On motion of Councillor Cave Seconded by Councillor Murphy RESOLVED that the letter from the Acting City anager and the Commissioner of Finance advising that by resolution dated May 8th, 1973, he Common Council authoxrized the signing of a Promissory Note in favour of the Province f New Brunswick in respect of a $50,000.00 advance to cover the Parkway Mall sewer roject under the Winter Capital Projects Fund of 1972 -1973; that the project was completed t a c©st inclusive of interest on the advance o£'$27,204.32 and that from this is deducted rolG'y6� he forgiveness of $7,939.85; that the net sum of $19,263.47 is repayable over a five -year eriod with interest at the rate of 6.33 cent annum, and that the per per recommending ubmitted debenture which has been prepared to acknowledge this indebtedness and which will e issued in exchange for the Promissory Note that the Province is now holding, be signed n behalf of the City -- be received and filed and the Mayor and Common Clerk be authorized o execute on behalf of the City of Saint John the debenture form as follows:- CANADA PROVINCE OF NEW BRUNSWICK THE CITY OF SAINT JOHN imee The Municipal Corporation of the City of Saint John under the authority of Chapter 27 of the Acts of the Legislative Assembly-of New Brunswick for the year A.D.1889, entitled "An Act to Unite the City of Portland with the City of Saint John, in The City and_County -of Saint John, and to Amend the Charter of the City of Saint JOhn and The Law Relating to Civic Government ", as amended, and the Municipal Debentures Act, and amendments thereto, and pursuant to resolutions of the said Corporation passed on the 31st day of January, 1973, on the 8th day of May 1973, and • on the 6th day of May, 1974, promises to pay to the Receiver General of Canada the•sum of NINETEEN THOUSAND, TWO HUNDRED AND SIXTY -THREE DOLLARS AND FORTY -SEVEN CENTS ($19,263.47) in lawful money,of Canada together with interest at the rate of 6.33 per centum per annum in equal annual payments pf $4,614.21 commencing on March 15th, 1975, and ending on March 15th, 1978, and a 74 1 final payment of $4,614.20 on March 15th, 1979. Dated at The City of Saint John this 6th day of May, A.D.1974. • IN TESTIMONY WHEREOF the said Municipal 'LL Corporation has caused this debenture to (� ®e// ��' be signed by its Mayor and countersigned y the City of Saint John: by its Common Clerk and its Corporate Seal to be hereto affixed on this 6th day of May, ( A.D. 1974 at The City of Saint John, Province of New Brunswick. Seconded by Councillor Green Common Clerk Mayor I RESOLVED .that the letter from the Acting City Manager, , On the question, Councillor Kipping asked if the above named sewer was built )y the City to accomodate Parkway Mall. In making the affirmative reply, Mr. Barfoot toted that this sewer also services the Simonds Centennial Arena, and it has been subsequently axtended to serve Westmorland Place. Councillor Kipping asked if it is usual that a sewer ;ystem_ has to be extended or re -built when a shopping centre is built in an area where there ias not been a large installation' previously. The Mayor replied that the size of a given ;ewer system -is based on the estimated requirements not only for the present project but ' :or future -projects -and 'in this particular. case, while it is a very large sewer system, Lt is known to City Staff that 'there are a'couple of major projects which will tax this ;ystem to the full, that will.be announced within the next few weeks. Councillor Kipping ;ommented that although a statement was made recently that a given project would not :ost the City any money, the way it costs the City money is b'y the provision of additional ;ervices. The Mayor noted that the provision of services is regarded by everybody as in investment and the question, of course, is whether the investment is returned by one )roject, or by many projects; all we need is one good project to get us started but when 7e have others on.the horizon we then get our 'investment back that much faster. Councillor �. Vincent asked if the, other buildings on the other corner from the Parkway Mall, including :he Bank of Nova Scotia and the other development (which will have a nice restaurant and, • ie presumes, a licensed bar) , are going to connect to this existing sewer'T: ;he stated that ieunderstands that they would do so. Mr. Barfoot stated that the particular sewer which is -eferred to in the above proposed resolution of Council, ran from the Golden Grove Road to icAllister Drive and a subsequent extension was approved to the contract last year by the ;ouncil which is not covered in this work, the cost of which the developer of Westmorland 'lace shared in - this extension went from the point where this particular sewer ended, to :he corner of Westmorland Road and Mc allister Drive; it was a normal cost - sharing arrangement, iith regard to theeaaid extension. Question being taken, the motion was carried. Councillor Davis asked that the City staff, prior to the final draft of the proposed ew Traffic By -Law being brought back to Council, check into the question as to whether aradise Row should be listed in the schedule for "Truck Routes" (Schedule N), bearing in , ind the imminent changes that soom will be taking place in connection with Paradise Row nd the Wall Street Bridge. Councillor MacGowan noted that, with regard to Section 3 of the draft of the y -law, titled "Authority of Members of the Saint John Police Force" it seems unfortunate 'SeA,,1% re hat persons who pay the necessary - amount to park at parking meters can be ticketed for hy ver- parking, and yet persons who deliberately park in violation of the parking regulations I.-I ONS an be onlyticketed if a member of the Police Force happens to come along, as the V, ,019 7 1 / O/759- ommissionaires who patrol the vari6us area of parking zones are not authorized to ticket , hese offenders.. She noted that the commissionaires feel frustrated when they see cases ,04ps, f parking violations and are - unable to ticket the cars for imposing fines. She suggested hat perhaps authority be given to a commissionaire to ticket cars that are over - parking n any area. With reference to Schedule B "No Parking ", Councillor MacGowan noted that Church venue from Milford Road to Dever Road is listed. She stated that there is additional space C�JdGO�'�p(Ie, n Church Avenue in front of the store, where cars can park without impeding the flow of //77 raffic. She asked that Mr. MacKinnon investigate this point. T "eh- ,/0�q'ayd�/$1, C�g�a�aas��t. .Councillor MacGowan questioned Section 18 entitled "Truck Routes" and the related • chedule N which lists Kierstead Road - Manawagonish Road to Fairville Boulevard as being esignated as a truck route, and noted that residents on Manawagonish Road have complained hat large gravel trucks proceeding from South Bay are using Manchester Avenue, Manawagonish oad and Catherwood SIreet. She advised that she was told by-Chief of Police McKay that here is an agreement that these trucks may use these streets because KiersteaV s Corner s not safe for them to navigate. Mr. MacKinnon made the reply that he is not aware of such greement, and that he understands that they are using several streets. He explained that On motion of Councillor Murphy 'LL Seconded by Councillor Green ' (� ®e// ��' RESOLVED that the budget for the Saint John Harbour ridge Authority covering the period from April 1st, 19.74 to March 31st, 1975 be approved ✓ yet' y the City of Saint John: AND FURTHER that the comparative statement of the Saint John Harbour Bridge �C uthority's operating budge ly, which was prepared and submitted by the Commissioner of ( inance, through the Acting City manager, be,received and filed. On motion of Councillor Murphy Seconded by Councillor Green I RESOLVED .that the letter from the Acting City Manager, ubmitting a draft copy of the revised Traffic By -Law for the City of Saint John, as ✓✓ T resented by Mr. J.C.MacKinnon, Assistant Director of Works- Operations,:_'and advising that �./i his draft consolidates previous changes in the by -law and also incorporates a new section • if n the designation of truck routes through,.. the City, and proposed restrictions on the use loading zones by commercial vehicles - and recommending that the Council approve in rinciple the said revisions of the Traffic By -Law, including designation of truck routes nd the restriction on the occupancy of loading zones, and that they be referred and filed nd the recommendation adopted. Councillor Davis asked that the City staff, prior to the final draft of the proposed ew Traffic By -Law being brought back to Council, check into the question as to whether aradise Row should be listed in the schedule for "Truck Routes" (Schedule N), bearing in , ind the imminent changes that soom will be taking place in connection with Paradise Row nd the Wall Street Bridge. Councillor MacGowan noted that, with regard to Section 3 of the draft of the y -law, titled "Authority of Members of the Saint John Police Force" it seems unfortunate 'SeA,,1% re hat persons who pay the necessary - amount to park at parking meters can be ticketed for hy ver- parking, and yet persons who deliberately park in violation of the parking regulations I.-I ONS an be onlyticketed if a member of the Police Force happens to come along, as the V, ,019 7 1 / O/759- ommissionaires who patrol the vari6us area of parking zones are not authorized to ticket , hese offenders.. She noted that the commissionaires feel frustrated when they see cases ,04ps, f parking violations and are - unable to ticket the cars for imposing fines. She suggested hat perhaps authority be given to a commissionaire to ticket cars that are over - parking n any area. With reference to Schedule B "No Parking ", Councillor MacGowan noted that Church venue from Milford Road to Dever Road is listed. She stated that there is additional space C�JdGO�'�p(Ie, n Church Avenue in front of the store, where cars can park without impeding the flow of //77 raffic. She asked that Mr. MacKinnon investigate this point. T "eh- ,/0�q'ayd�/$1, C�g�a�aas��t. .Councillor MacGowan questioned Section 18 entitled "Truck Routes" and the related • chedule N which lists Kierstead Road - Manawagonish Road to Fairville Boulevard as being esignated as a truck route, and noted that residents on Manawagonish Road have complained hat large gravel trucks proceeding from South Bay are using Manchester Avenue, Manawagonish oad and Catherwood SIreet. She advised that she was told by-Chief of Police McKay that here is an agreement that these trucks may use these streets because KiersteaV s Corner s not safe for them to navigate. Mr. MacKinnon made the reply that he is not aware of such greement, and that he understands that they are using several streets. He explained that r 75 nder this section of the by -law and Schedule`N trucks with gravel loads going from South • ay to Rodney Terminal would not be permitted on Manawagonish Road. He further explained that the list in this Schedule does not prohibit trucks from travelling on all the city streets at any particular time because, depending on where a construction site is, trucks proceeding to and from the construction site would.still be allowed to travel on streets that are not on the truck routes.list. Councillor MacGowan raised the question as to whether t is possible for trucks with heavy loads to use Kierstead Road, in view of the steepness f Kierstead's Corner hill, and if it is not possible for them to do so, does the City ave to make some changes in this street to make' it possible. The Mayor asked that ouncillor MacGowan discuss the matter with Mt. MacKinnon during business- hours, as she ishes to find a solution to this problem. On motion of Councillor Higgins �� / ®G9 Seconded by Councillor M. Vincent RESOLVED that the recommendation of the Acting �q, fty Manager be adopted, namely, that the quotation of Thorne's Hardware Ltd. in the amount $3,300.05, including tax, for supplying expendable playground equipment (bats, balls, _i volleyballs, tennis racquets, et cetera,), be accepted. The Mayor submitted a report from the Nominating Committee, dealing with appointments al o the Planning Advisory Committee and to the Fort La Tour Development Authority, and he oted that the item on the agenda from Councillor A. Vincent with regard to the Fort La Tour evelopment Authority 'appointments is therefore dealt with, in part, and it will dispose of ther items on the agenda. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation f the Nominating Committee, the following appointments be made, namely:- t�7/off ort La Tour Development Authority - Mr. J. Vincent Saunders Mr. D. Gordon Willet, Q.C. Mr. Seward MacDonald *��iM67f9 The Mayor noted that a further:appointment to the Fort La Tour Development uthority will be made, later,. Councillor A. Vincent stated that lie will submit a name &/j %/�L,5 o the Nominating Committee in this regard. The Mayor stated that he was privileged this epresentative to officially commence "National Forest i� y- 0,000 trees will be planted within the limits of this �i P pecial week. He- stated that he planted one tree this W ouncillor MacGowan and the Kiwanis Club took part in oon today, and several other tree planting ceremonies ther organizations. morning to be the Council's Week ", and he noted that some city in connection with this morning in King Square, and that anther tree planting ceremony at are planned during the week by The Common Clerk advised that advertising took place for the terminating of a 5 foot lane at the rear of lots which front on Rockcliff Street and St. Anne Street, ommencing at its intersection with MacLeod Street and running its entire length pproximately 450 feet in a northerly direction, and that no objections were received in his regard. It was noted that no person was present to offer comment regarding this roposed lane closure. • On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the City of Saint John order the fee imple in the 15 -foot lane at the reat of lots which frost on Rockcliff Street and St. Anne treet, commencing at its intersection with MacLeod Street and running its entire length pproximately 450 feet in a northerly direction, vest in the City of Saint John. The Common Clerk stated that with regard to the proposed re- zoning of 62 -64 Lansdowne Avenue for Woodhouse Limited, advertising took place and no objections were received. Gv00�/dwO�LS t was noted that,mo person was present to make comment on this proposed re- zoning. On motion of Councillor Murphy Planning Advisory Committee - Mr. C.J.Farrell for the unexpired term of Mr. Ross Cowan, Lyo�i�ss� deceased (term to expire December 31st, 1974);, alking with the owners of the Fairview Shopping Plaza regarding the possibility of this - Mr. E. Cohen for the unexpired term of Mr. H.A.McLean, Z'hp as been in the process of re- zoning, for.parking purposes. He asked if the City is therefore --e- zoning this property for parking spaces, such being the case, or what happens to the resigned (term to expire December 31st, 1974). t�7/off ort La Tour Development Authority - Mr. J. Vincent Saunders Mr. D. Gordon Willet, Q.C. Mr. Seward MacDonald *��iM67f9 The Mayor noted that a further:appointment to the Fort La Tour Development uthority will be made, later,. Councillor A. Vincent stated that lie will submit a name &/j %/�L,5 o the Nominating Committee in this regard. The Mayor stated that he was privileged this epresentative to officially commence "National Forest i� y- 0,000 trees will be planted within the limits of this �i P pecial week. He- stated that he planted one tree this W ouncillor MacGowan and the Kiwanis Club took part in oon today, and several other tree planting ceremonies ther organizations. morning to be the Council's Week ", and he noted that some city in connection with this morning in King Square, and that anther tree planting ceremony at are planned during the week by The Common Clerk advised that advertising took place for the terminating of a 5 foot lane at the rear of lots which front on Rockcliff Street and St. Anne Street, ommencing at its intersection with MacLeod Street and running its entire length pproximately 450 feet in a northerly direction, and that no objections were received in his regard. It was noted that no person was present to offer comment regarding this roposed lane closure. • On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the City of Saint John order the fee imple in the 15 -foot lane at the reat of lots which frost on Rockcliff Street and St. Anne treet, commencing at its intersection with MacLeod Street and running its entire length pproximately 450 feet in a northerly direction, vest in the City of Saint John. The Common Clerk stated that with regard to the proposed re- zoning of 62 -64 Lansdowne Avenue for Woodhouse Limited, advertising took place and no objections were received. Gv00�/dwO�LS t was noted that,mo person was present to make comment on this proposed re- zoning. On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John and Amendments Thereto" insofar as it concerns re-zoning an area of land on Lansdowne Avenue known as residence numbers 62 -64 from 'R -4" wo- Family Residential district to "B -2" General Business district for furniture outlet, be read a third time and enacted and the Corporate Common Seal affixed thereto. Councillor A. Vincent stated that he understands that Woodhouse Limited is alking with the owners of the Fairview Shopping Plaza regarding the possibility of this urniture outlet locating on the Plaza property, and using the properties that the City Z'hp as been in the process of re- zoning, for.parking purposes. He asked if the City is therefore --e- zoning this property for parking spaces, such being the case, or what happens to the m r IZ� oning of these particular properties on the eastern side of Landsdowne Avenue. When dvised that the Council has the power to make this particular zoning void in the event he developer does not proceed with his original plans, this zoning havingbeen undertaken I • ursuant to Section 39 of the Community Planning Act, Councillor A. Vincent indicated that this information answered his question. The by -law entitled "A Law to Amend the Zoning By -Law of thr City of Saint John nd Amendments Thereto ", was read in its entirety prior to the adoption of the above esolution. 76 On motion of Councillor Black Seconded by Councillor Murphy • RESOLVED that the letter from the Planning •dvisory C'ommitt'ee recommending that the property known as 62 and 64 Landsdowne Avenue a re -zoned from "R -4" One, Two Three and Four - Family Two- Storey Residential district N/DO�/j Ok5!° ° B -2" General Business (furnitpre outlet) so that it may be added to the previously e -zoned properties at .66, '68,. 70, 74, and 76 Landsdawne*Avenue as the site for the oo'dhouse Limited .fu'rrfiture store,• and _advising that the Committee also recommends that he pro'po'sed re- zoning be pursuant to a resolution of' Council under authority of section CC �/ 9 of the Community Planning Act tying the proposed development to a plan which, (a)meets 06tYt� O O� I he conditions spelled out in the Committee's letter bf March 13th, 1974, (b) shows at least ' artial siting of the prpposed building on the present subject property and (c) is to be f' pproved by the Planning Director and filed with the Common Clerk -- be received and filed nd the recommendations contained thereinadopted. On motion of Councillor Murphy �o�ving .�y -.Cas✓ abeh��e �`,ZOh� 1s9 0 %7.14, / /vdlAr. eOiYj~. lre4neAqr�?s is ZIYOF_- 06"cma s R�� S164!� delll �e -Zo Ali di� Starl•'y�i t �ph,St/- uefiorj Seconded by Councillor Black RESOLVED that the by -law entitled "A By -Law to Amend , By -Law Respecting Traffic on Streets in *the City of Saint John Made Under the Authority Section 97 of the Motor Veh -icle Act 1955 and Amendments Thereto" be read a third time d enacted and the Corp.o'rate Common Seal affixed thereto. The by -law entitled "A By -Law to Amend a By -Law Respecting Traffic on Streets in he City of Saint John Made Under the Authority of Section 97 of the,Motor Vehicle Act 1955 nd AmendmeatsrThereto ", was read in its entirety prior to the adoption of the above esolution. On motion of Councillor Murphy Seconded by Councillor Black • RESOLVED that the by -law entitled "A Law to Amend the oning By -Law of the City of Saint 'John and'Amendments Thereto" insofar as it concerns: a) -deleting clau'se'(k) of Section 2; '(b) redesigning clause (1) as clause (k); (c) inserting new clause (1) to read, "(1) 'Committee' means the Planning Advisory Committee established y the Council. "; (d) subsituting the word "Committee" for the word- , "Cammisslou=''whezever it ppears in the by=law; (e) deleting =thg' words, "limited dividend provisions of the" in ection 2 (ta); (f) substituting a full stop for the comma after the word "situate" in the ixth line of clause (a) of sub - section (1) of Section 5 and deleting all the words following hereafter; (g) deleting the sub - sections (3) and (4) of Section 5; (h) deleting Section6; i) inserting the word "land" before the words "or new use" in line -4 of Section 7(4) -- e read a third time and enacted and 'the Corporate Common Seal affixed thereto. The by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John I d Amendments Thereto' "., was.read in its entirety. prior to the adoption of the above solution. On motion of Councillor Murphy Seconded by Councillor.Black RESOLVED that•the by- law entitled "A Law to Amend he Zoning By -Law of the City of Saint John and Amendments Thereto" insofar as it concerns e- zoning an area of land on the north side of Loch Lomond Road having a fromtage of pproximately 700 feet and faxtending in a northerly direction of a distance of approximately ,700 feet; the said area .being approximately 2,100 feet west of Pauline Street, from RS -2" Suburban Residential district to "RM -1" Multiple Residential and "R -2" One- and wo- Family Residential districts, be read a third time and enacted and the Corporate • Common Seal affixed thereto. The by -law entitled "A Law, to Amend the Zoning By -Law of'the City of Saint An and Amendments Thereto ",,was read'in its entirety prior to the adoption of the above esolution. On'motion of Councillor Murphy ,Seconded by Councillor Higgins RESOLVED that the letter from the Planning ' dvisory Committee submitting a plan of the Bon Accord Sub - division of Kennebecasis nvestments Ltd. for the area of land on the north side of Loch Lomond Road which has a rontage of approzimately 700 feet and extends in a northerly direction a distance of pproximately 2,700 feet, being approximately 2,100'feet west of Pauline Street, and dvising.that few sub - division=plans are prepared in advance of rezoning because they are oo costly and time -con suming whereas re- zoning is not; advising that the submitted plan s a generally approved (not in all technical details) tentative plan on which the final ub- division will be based, and that this proposed sub - division "would provide about 110 ots for one and /or two= family homes'(the lots are generally 70 feet by 100 feet or more n size) and therewould also be five.large multi•- family lots (numbers 18, 28, 38, 48 and 8) on which could be accomodated about 80 families in total; and further advising that ervicing is to be in accordpwith plans and specifications (for water to be supplied rom City lines south'of Loch Lomond Road and sewer systems - not septic tanks) to be pproved,by the Works Department before the sub- division agreement and the sub - division lan can be approved respectively by the Common Council and the Municipal Planning irector -- be received and filed. Mr. Zides was asked to comment on the status of the proposed re- zoning for tarligh't Construction Ltd.regarding an area of approximately 245 acres with a frontage of pproximately 900 feet on the northerly side of Ocean Westway beginning approximately 400 • eet west of the Lorneville intersection (so- called) from "RF" Rural'to "R -2" One- and coo- Family Residential classification with one small "B -1" Local Business and "RM -1" up o three - storey multiple family residential on Ocean Westway. I r 0• • He stated that the amendment to the Municipal Plan By -Law in this matter is straightforward and can be proceeded with, but deferment of the third reading of the Zoning By -Law amendment with regard to this proposed re- zoning is being recommended in view of the fact that the New Brunswick Development Corporation, who have received authority from the Province to proceed with a survey of the precise location of the C.P. Rail- Canadian National Railways spur line from South Bay to Lorneville and who intend to have this work in this particular. area done first , are in the process of having this survey work done and ant more time. Mr. Zides noted that this spur line would go across the Starlight Construction Ltd. property in this area. He stated that it is recommended that the third reading be deferred, and he asked that the Plannipg Department will follow up on the survey ' matter to tru to have the said Development Corporation complete the spur line survey as quickly as possible. In reply to the suggestion of Councillor Green,the Mayor stated that he would be pleased to do,what he can to try to expedite this matter, as well. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that third reading of the Zoning By -Law mendment to re -zone an area of approximately 245 acres with a frontage of approximately Y 00 feet on the northerly side of Ocean Westway beginning approximately 400 feet west of the Lorneville intersection (so- called) from "RF" Rural to "R -2,' One- and Two - Family Pesidential district with one small "B -1" Local Business and "RM -1" up to three - storey ultiple family district on Ocean Westway - be laid on the table for further four weeks. On motion of Councillor Murphy Spy' Seconded by Councillor MacGowan RESOLVED that law,eg- titled -_Aavr t "o-Amend Lh -e Municipal Plan Bye aw,and and insofar as it concerns altering Schedule • A so hhat the area of approximately 245 acres lying between the northern side of Ocean y /� /�17 40 (about 400 feet west of the Lorneville Road intersection) and the Crown reserved oad, be removed from the existing classification and placed in "Low Density Residential" classification, and amending Schedule 9A by placing-the saidlands in a Stage 2 area, be read oy —.,4 third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A Law to Amend the Municipal Plan By -Law and Amendments Thereto ", as reas in its entirely prior to the adoption of the above resolution. On motion of.Councillor Murphy Seconded by Councillor 'Green RESOLVED that the-letter from Mr. D.F.MacGowan, olicitor for Carleton -Kirk United Church advising that with regard to the presentation .� f Bill Number 29 on April 25th last before the Private Session of the Municipalities ommittee of the New Brunswick Legislature, a meeting after the Private Session was held ith Reverend K. Thomson and Mr. R. B. Reynolds and himself, on behalf of the Church, ouncillors Green and Parfitt, on behalf of the City of Saint John, and Messrs. G. S. �� ,! errithew, E.L.Teed and J. Turnbull, on behalf of the Legi'slAtive-.Committee, in /i 1pefr / ttendance, and that at that meeting Mr. Teed informed those present that it had been rought out during the Private Session that it was a government policy not to permit he giving of,lands without receiving equivalent lands in return, and that while the C mmittee had made no definite decision on the Bill, it was made quite clear to the hurch that if it continued to request the release of'the lands forming part of King quare West, it was likely that'the whole Bill would be defeated - in other words, they �$Ls' ere led to believe that if they dealt only with that portion of the burial ground outside f King Square, the Bill would probably pass'through the Committee stage: and advising that l� he Church representatives were disappointed with this turn of events but felt it would e better than nothing and that the project could still be proceeded with in spite of the h maller area of land; and advising that the Committee members asked that approval of the 6:'vao/gd Lhanges be received from the City and from the Church; and further advising that he has therefore been requested, on behalf, of the Church, to ask that the Common Council pass a 0111 lcoj% resolution authorizing the deletion of Schedule "A" from the Bill and replacing it with a /� ^ chedule re- defining the portion of the burial ground above referred to - and submitting 11 proposed resolution in this regard -- be received and filed: AND FURTHER that the following resolution be adopted, namely:- ' "WHEREAS Bill Number 29 being '"An Act Removing Restrictions from and Enabling he City of Saint John to Convey the Carleton -Kirk Burial Ground and a Portion of King quare in Saint John West" was presented for consideration to the Municipalities Committee f the New Brunswick Legislature on April 25th, 1974; • AND WHEREAS it was determined that it was desirable to eliminate certain of the area of land to be affected by the Act, namely, eliminate therefrom any reference to Land forming a part of King Square in Saint John West; AND WHEREAS Carleton -Kirk United Church has agreed to such elimination: NOW THEREFORE BE IT RESOLVED that the Common Council of the City of Saint John iereby authorizes amendments to Bill Number 29 -as follows: (1) The title of the Bill be altered to read 'An Act Removing Restrictions from and ;nabling the City of Saint John to Convey a Portion of the Carleton Burial Ground'. (2) That Schedule 'A' to the Bill be deleted and the following be substituted therefor: 78 04N A�a�l�isa/ �o��PoSZ%G°�E 9�r9s.�c ; eCY�i� Ap/a�isQa /sue Councillor A. Vincent spoke in objection that a decision of Council can be overruled y the New Brunswick Legislature in the above matter, He stated that if some one person as not going to sell the property next door the Bill in the above matter would not be hanged. He suggested that the.C'oancil members check to see who owns the property and who s going to make the sale. He contended that the Church group has to buy the properties ext door, and that there is a dual interest there by persons who do not sit at this ouncil table but who sit in Fredericton. Councillor MacGowan remarked that the Council hould have been told this, before. On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that as requested by the Redevelopment Officer, pproval be granted for payment of the following accounts totalling $2,331.30 for rofessional services rendered in connection with the acquisition of the following roperties for the North End Renewal Scheme, the approv(a') of the Partnership for payment f these accounts*in the said total amount having been acknowledged, and that these accounts e charged against the project and shared in the usual way:- y de Ste 6 -11 -11 6 -11 -16 ites A, B & D Associates''..Ltd praisals Ltd: - Negoti & L -6 -19 -30,33 & 36 - Appraisal Fees 21 Mill Street) 14 Drury Lane ) Chesley Drive North Wharf Wharf On motion of Councillor Black Maurice Fine Estate City of Saint John G.E.Barbour Co. Ltd. • $ 481.20 ' $ 1,332.60 $ 517.50 Seconded by Councillor Murphy RESOLVED that as recommended by the Land Committee, the acant land known as Lot 14, Block 26, Ward 12 located on Main Street and consisting of ,600 square feet, be sold to Mr. Robert Ryan for the appraised value of $1,800.00. Mr. Farrell explained that the building that was on this property was demolished and hat this is a very narrow lot; the City acquired it some months ago through an exchange f lands and has no use for.it; the lot is an asset only because it adjoins a property and hat is the reason it is being sold; because of the fact that this lot is not large enough, t cannot be built on and it is to be used as parking. Councillor MacGowan felt that even • hough this is only half a building lot,$1,800.00 does not seem a very good price onsidering the price of serviced lots. Mr. Farrell was unable to answer Councillor Vincent's question as to the cost of demolition of the building on this lot; he noted hat the demolition was conducted through the Building Inspector's Office. I 'SCHEDULE "A" • All that lot of land designated as "Burying Ground" on a certain plan /atcc re of survey of Saint John West prepared by Robert C. Minnette, C.S. dated the 5th .day of November, 1834 and on file in the Office of the Common (ia7 L rC/ Clerk for the City.of Saint John, Saving and Excepting thereout and therefrom any portion of the said Burying Ground forming a.part of King Square West, the hsr�l./ir/C�S portion of the Burying.Ground herein referred to comprising a portion of the land known as Lots 142, 143, 186 King Street.Exten,sion and Lancaster Street. "' C�pJJ /�t0/7/� Councillor Higgins stated that he is personally somewhat disappointed in the fact that plans had to be changed and negotiations almost with the Provincial ' Government, to change the original plans for the 'senior citizen's housing in that n area. He stated that the area in questions is desolate, rocky, wind -swept and unused a d was used as a fill area for ballast from ships in port and we wanted 100 by 140 feet for building a beautiful senior citizen's home after the fireat Carleton -Kirk United Church in this area; now, we are back - tracking which changed plans, et cetera. He Gtated that he is voting against the motion in principle because he believes the Council T" s�os3ce �- s'tan'za -' and go= ahe:wYts ,w`Kee is;- Y3ght'°He statefti'at h�- woul3� rathes _s.ee a onumenf "to-the living`than all this historical hature of the site of 200 years ago that as not been recognized until about a month ago.' , Councillor Davis stated that he objects to the motion from another point.of view: e believes that he asked (when the proposed project first came up) if the project could ?C ossibly be built without taking that area from King Square and the answer was categori6ally no ", and now, he finds that it can be built without that part of King Square. He stated hat, in the interim, he has never 'seen a plan and has no idea of "what is going on there; e does not like to vote without being informed on the matter and it is his feeling that efore.the.Council approves this again it should see just what is being planned for this rea• and' go from knowledge instead of from sentiment. ,.Councillor Parfitt "advised that the epresentatives of the Church gave a "teach �in" to Council and showed slides and gave . nformation regarding what was going on. Councillor Higgins noted that the said "teach -in" for the original plan. Councillor Davisasked if that original plan cna be built on las n area without King Square. Councillor Parfitt.replied that it is in a state of flux now. ouncil'lor Davis stated he does not feel that the Council should move just any way that the eople want and that the Council should know which way we are going; the Council owes them is allegiance and it also owes allegiance to a lot of other people - therefore, he thinks hat the Council should find out just what is goin g on regarding the project and know what t is voting for. Councillor Murphy commented that it is his feeling that, nevertheless, xouncillor 11 obstacles should be removed and that the Church be permitted to proceed on schedule. MacGowan is it is asked not so that there is some urgency about getting this ill passed before the Legislature because it would delay the whole project. The Mayor onfirmed that it would delay it until the fall Session. Question being taken, the motion was carried with the Mayor and Councillors Black, ave, Green, Kipping, Murphy, MacGowan, Parfitt and M. Vincent voting "yea" and Councillors ' iggins, Davis and A. Vincent voting "nay ". The Mayor noted that the proper documents ill be drawn.up and.brought back to Council for its consideration and approval. 04N A�a�l�isa/ �o��PoSZ%G°�E 9�r9s.�c ; eCY�i� Ap/a�isQa /sue Councillor A. Vincent spoke in objection that a decision of Council can be overruled y the New Brunswick Legislature in the above matter, He stated that if some one person as not going to sell the property next door the Bill in the above matter would not be hanged. He suggested that the.C'oancil members check to see who owns the property and who s going to make the sale. He contended that the Church group has to buy the properties ext door, and that there is a dual interest there by persons who do not sit at this ouncil table but who sit in Fredericton. Councillor MacGowan remarked that the Council hould have been told this, before. On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that as requested by the Redevelopment Officer, pproval be granted for payment of the following accounts totalling $2,331.30 for rofessional services rendered in connection with the acquisition of the following roperties for the North End Renewal Scheme, the approv(a') of the Partnership for payment f these accounts*in the said total amount having been acknowledged, and that these accounts e charged against the project and shared in the usual way:- y de Ste 6 -11 -11 6 -11 -16 ites A, B & D Associates''..Ltd praisals Ltd: - Negoti & L -6 -19 -30,33 & 36 - Appraisal Fees 21 Mill Street) 14 Drury Lane ) Chesley Drive North Wharf Wharf On motion of Councillor Black Maurice Fine Estate City of Saint John G.E.Barbour Co. Ltd. • $ 481.20 ' $ 1,332.60 $ 517.50 Seconded by Councillor Murphy RESOLVED that as recommended by the Land Committee, the acant land known as Lot 14, Block 26, Ward 12 located on Main Street and consisting of ,600 square feet, be sold to Mr. Robert Ryan for the appraised value of $1,800.00. Mr. Farrell explained that the building that was on this property was demolished and hat this is a very narrow lot; the City acquired it some months ago through an exchange f lands and has no use for.it; the lot is an asset only because it adjoins a property and hat is the reason it is being sold; because of the fact that this lot is not large enough, t cannot be built on and it is to be used as parking. Councillor MacGowan felt that even • hough this is only half a building lot,$1,800.00 does not seem a very good price onsidering the price of serviced lots. Mr. Farrell was unable to answer Councillor Vincent's question as to the cost of demolition of the building on this lot; he noted hat the demolition was conducted through the Building Inspector's Office. I r 79 �5 4&,d7dqea0 Question being taken, the.motion was carried with Councillors A. Vincent and MacGowan voting "nay". On motion of Councillor Murphy Seconded by Councillor Green ��pPjq�jpy�q RESOLVED that the letter from the Land Committee advising that the Committee recommends that Common Council resolution of October 9th, 1973 which Abyp";03�j authorized initiation of the necessary procedures to expropriate .59 acres of land, "- distinguished as Lot "Z ", located on the Old Black River Road, from the Arthur McNeil Estate, be rescinded, this piece of land having been sold in the interim by the McNeil �S Estate and a purchase price having been agreed upon between the Land Committee and the AFw1d,T new owners; that the Land Committee now recommends the purchase, for the sum of $3,900.00, gyp."4 of-an area of land consisting of .59 acres. located on the Old Black River Road and av�e h distinguished as Lot "Z" on the submitted plan from Gerald J: Ryan Co. Ltd. and Stephen C'oOlSD'u ez�, Construction Co., Ltd., being joint owners - this area being required for the expansion of the Hazen Creek Sewage Lagoon; that the sum of $250.00 be paid for legal costs incurred by the said Ryan and Stephen companies -- be received and filed and the recommendations adopted. On motion of Councillor M. Vincent Seconded by Councillor Black RESOLVED that the letter from the Land Committee, advising Xx)WWOW pthat, further to Common Council resolution of March 18th, 1974 which adopted the recommendation of the Committee that the City expropriate the Thelma Hamilton property located at 419 Bayside Drive, a settlement has now been reached between Mrs. Hamilton and the Land Committee, be received and filed: p+. AND FURTHER that as recommended by the Land Committee; the City purchase the above named property, as shown on-the submitted plan, from Mrs. Thelma Hamilton for the %sj�/A�0/rf negotiated price of $23,100.00, the acquisition of the property being necessary for the 11-?"711e0M Bayside Drive road widening scheme. In reply to Councillor A. Vincent, who asked what price the City paid for this lot, • M Mr. Farrell confirmed that the City bought the lot. On motion of Councillor A. Vincent Seconded by Councillor Davis �A ®�yj�yj R RESOLVED that the above matter be laid on the table for a report as to the cost of demolition of the building that was on this lot and the cost of advertising, and that this report be accompanied by the appraisal report of this lot. %P�jyc�j,Ss3� C Councillor MacGowan suggested that the above requested report include the feasibility of the lot being retained and used by the City for parking on Main Street for the City's use. In connection with the next item of business, namely, the proposed purchase of approximately 3.8.acrea of vacant land, located on the north side of Grandview Avenue, from Moose Mountain Farms Ltd. for a negotiated price of $62,000.00, Councillor Murphy asked how the assessed value, the appraised value and the purchase price are reconciled. The Mayor noted that the designated use of land permits the Province to set a very low assessed .value on, property when, in fact, the. true market..value for-any other use would be considerably - higher; this is not the fault of the City, but of the Province, and that ' b explains the difference between the assessed and appraised values; the assessed value is what the Province thinks it is worth and the appraised value is what everyone else in Saint John knows it is worth. Councillor Murphy asked if we feel that the - proposed purchase price is worth twice the appraised vlaue, which is eighteen times more than the assessed value. The Mayor replied that, again, we are into the basic assessment question of highest and best use, depending on that a person wants to use it for as opposed to the current appraisal estimate; the said policy is the reason you have the three different prices. Mr. Farrell explained that as fas as the Province is concerned, this particular property was an unserviced piece of land, in an agricultural category; in a properly • p laid -out sub- division which this property could be used for, there would be approximately 50 building lots for multiple two- family dwellings with perhaps 50 to 56 units; this is the way the land was appraised; it is a piece of land that is required in the McAllister Drive estension; it is a negotiated price, and the asking price was considerably higher. The Mayor stated that he believes this land is also vital to the Refinery expansion and is part of-an exchange of lands at the same value with the Irving Refinery. Councillor Davis, as a member of the Land Committee, noted that there is no way we can get the price of this property down any lower from the said owner, and it is a case of either paying this negotiated price or go to expropriation'and expropriation proceedings could delay the McAllister Drive extension as long; as a year. Councillor Murphy suggested that the Council ask the City Staff to look at all the farm lands within the city boundaries and if we think they are assessed at a depressed ' f assessment that we bring it to the attention of the Provincial Government because these low assessments mean that the City loses out in tax dollars. The Mayor explained that low assessments-mean that the owners of existing properties pay more taxes to make up missing monies that are needed to run our city. He added that the property in question is zoned for apartment dwellings and is fully serviced, which means that it is a very valuable piece of land. On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the 7/D7 a7PP�9 L Land Committee, the City purchase from Moose Mountain Farms; Ltd. for a negotiated price of $62,000.00 3.8 acres,; more or less, of vacant land located on the north side of Grandview Avenue, the acquisition of this property being in connection with the extension of McAllister Drive. 4&,d7dqea0 Question being taken, the.motion was carried with Councillors A. Vincent and MacGowan voting "nay". On motion of Councillor Murphy Seconded by Councillor Green ��pPjq�jpy�q RESOLVED that the letter from the Land Committee advising that the Committee recommends that Common Council resolution of October 9th, 1973 which Abyp";03�j authorized initiation of the necessary procedures to expropriate .59 acres of land, "- distinguished as Lot "Z ", located on the Old Black River Road, from the Arthur McNeil Estate, be rescinded, this piece of land having been sold in the interim by the McNeil �S Estate and a purchase price having been agreed upon between the Land Committee and the AFw1d,T new owners; that the Land Committee now recommends the purchase, for the sum of $3,900.00, gyp."4 of-an area of land consisting of .59 acres. located on the Old Black River Road and av�e h distinguished as Lot "Z" on the submitted plan from Gerald J: Ryan Co. Ltd. and Stephen C'oOlSD'u ez�, Construction Co., Ltd., being joint owners - this area being required for the expansion of the Hazen Creek Sewage Lagoon; that the sum of $250.00 be paid for legal costs incurred by the said Ryan and Stephen companies -- be received and filed and the recommendations adopted. On motion of Councillor M. Vincent Seconded by Councillor Black RESOLVED that the letter from the Land Committee, advising Xx)WWOW pthat, further to Common Council resolution of March 18th, 1974 which adopted the recommendation of the Committee that the City expropriate the Thelma Hamilton property located at 419 Bayside Drive, a settlement has now been reached between Mrs. Hamilton and the Land Committee, be received and filed: p+. AND FURTHER that as recommended by the Land Committee; the City purchase the above named property, as shown on-the submitted plan, from Mrs. Thelma Hamilton for the %sj�/A�0/rf negotiated price of $23,100.00, the acquisition of the property being necessary for the 11-?"711e0M Bayside Drive road widening scheme. z� �l 6!tw" e f/eati/e/r -�o IM X �O/LOl B/ tiieVfl�e�g7a+�s OAW"e seCOSj/syt°o+St�oc� �orod�ez`ioas i POSe� C°�7�!/ �aJI L 'Zj /�dCPaes /ss&e 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 begs leave to report that it sat on April 22nd, 1974, when there were present Deputy Mayor Higgins, and Councillors Cave, Davis, Gould, Green, Kipping, Murphy, MasGowan, Parfitt, A. Vincent and M. Vincent, and your Committee begs to submit ' the following report and recommendations, namely: - 1. That the correspondence from the Heather Society and RoyalCanadian Legion Branch No. 14 Junior Pipes and Drums outlining their present status in raising funds -to meet expenses for the trip by the Band to Scotland in August 1974 be received and filed and in response to their request for financial assistance from the City of Saint John in this regard, a grant of $5oo.00 be given by the City. 2. That the letter from the Acting City Manager, dated April 18th, 1974 with regard 'to the request made by the Saint John Arts Council for the Ci -ty's assistance in the , establishment of a community theatre and arts cultural centre in preparation for the eventual construction of the theatre which will form part of.the Market Square Complex, a d fihenreq;ue'stmbAetb thhFi.g group for Council assistance with the Summerstock Youth Project -af-a total cost for-these two ventures of $70,100.00, advising that City staff have studied the brief from the Arts Council and have examined the extent of the support the Common Council presently gives to.the Arts Council, and staff have also discussed the prospects of sharing the cost of cultural activities with (a) Canada Council (b) the Provincial Government Grants Committee and Department of Youth, and (c) the University of New Brunswick in Saint John and an assessment has been made of the type of assistance which the City might.offer to community cultural endeavours - and recommending, as follows:- (1) that the City of Saint John allocate $3,000.00 towards the cost of appointing and maintaining an "Artist -in- residence" and (2) that City. staff continue negotiations with the said University in Saint John and the Canada Council to complete funding necessary °to establish an "Artist -in- residence ", and (3) that the Commissioner of Finance be authorized to advance $500.00 to the Arts Council for their Summerstock productions, such money to be repaid to the City upon completion of the productions -- be received and filed and the said recommendations adopted. Saint John, N.B. May 6th, 1974. On motion of Councillor Murphy . Respectfully submitted, (sgd.)Thomas J. Higgins, Chairman- Seconded by Councillor Higgins RESOLVED that section 1 of the above report be adopted. .. On motion of Councillor Cave Seconded by Councillor Murphy RESOLVED that section 2 of the above report be adopted, and that the report be received and filed. 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 begs leave to report that it sat on April 29th, 1974, when there were present Deputy Mayor Higgins, Councillors Cave, Davis, Kipping, Murphy, MacGowan, A. Vincent, Parfitt and M. Vincent and your Committee begs to submit the following report and recommendation, namely:- 0 1. That the capital budget as submitted by the Acting City Manager for the year 1974 be approved as amended, a copy of which is attached hereto and forms a part of these minutes: AND FURTHER that the proposed capital expenditures for the years 1975 and 1976 be ' referred to.the Budget Committee.for their future guidance. Saint John, N. B. 6th May; 1974 On motion of Councillor Black Respectfully submitted, (sgd.)Thomas J. Higgins, C h a i r m a n Seconded by Councillor Davis RESOLVED that the above report be received and filed and the recommendation contained therein adopted,' -and the City's share of the 1974 expenditure be paid for by means of a bond issue. . Moved in amendment by Councillor Murphy Seconded by Councillor Green RESOLVED that the capital budget as submitted by the Acting City Manager for the year 1974 be approved as amended, and that Greendale Sub - division and Francis Street be included in this capital budget for 1974 and not be set over until 1975. • I r • • q? 136- -e 4JE��ee 49�g��A&L/e sadu -&61 ' Ap -aaPi is ore. /%S 0Ou •A�asI��F� syy/ N1 Councillor Murphy noted that the money was there to do the Greendale work but it was taken out with the understanding that it would be put back again for 1974, it being one of the three -stage projects; stage one is complete, and it is proposed to bring the whole project up in 1975, which may or may not be done at that time. He stated he feels that Francis Street is another area where flooding bccurs�.that should be attended to without delay and that it is the responsibility of the City because the sewer pipes there are not adequate to carry off the water resulting from rain storms, and he also feels there is no reason why the residents there should be called upon to install the back water valves. Mr. Park was asked for his comments on the problem associated with the funding of the Francis Street sewer work and other projects of similar nature. He stated that he gave his comments at fair length when the capital budget was considered in Committee of the Whole. The Mayor pointed out that the Committee of the Whole decision was not made to include these items for 1974; the Committee of the Whole established a priority but these two items were not among the priority items. He added that the problem was discussed in great detail in Committee of the Whole and it was not recommended for the same priority that Councillor Murphy puts on it. CouncillornKcGoiaannoted that the capital budget does not list Manawagonish Road, from Kierstead's Corner down to the shopping centre intersection, and that this street has tourist accommodations along it, and she asked if this section- ..of;,street.is to be covered under the ordinary maintenance budget. Mr. Barfoot replied _that what-has to be done on this street this year will be done under the ordinary maintenance and it will be done in a presentable manner. Councillor MacGowan commented that a great deal has to be done to this street to make it presentable -- not just patching to fill in the holes. Councillor A. Vincent asked if the City Staff has a report ready on the question of whether the City can have a straight purchase of our large City bonds by the Provincial Government, which would thus save the City the fees which relate to debenture issues. The Common Clerk replied that the Common Council, in Committee of the Whole, authorized him to request a meeting from various officials of the Province on this and other matters; to date, he has not received a reply to the telegrams that were sent the day following the Committee of the Whole meetingin question. • 1 In reply to Councillor A. Vincent, Mr. Park confirmed it is true that the City's bank overdraft is in the vicinity of two and one -half million dollars,. at this time. Councillor A. Vincent stated that he "voted against the capital budget because he wanted to have a colourful fountain at the Reversing Falls, and the bank taken off at a cost of $30,000.00; he was promised it last year, and this year, but it is not in the 1974 capital budget. He contended that the item numbered 030 in-the 1974 capital budget, in the amount of.$60,000.00 for the Spruce Lake .Intake is a maintenance cost, and not a capital cost; he also contended that this means that the City is bonding a second time forrthis particular intake and he doesnot agree that htis should be done because the City has already paid for the intake that was first installed and collapsed; this replacement work for the intake totals $120,000.00 in cost, $60,000.00 of which is a contribution to the City from the senior governments, and $60,000.00 of which is a loan to the City from those governments. Councillor Higgins, who was chairman of the capital budget meeting at which this particular item was discussed, stated thatthis item was fully discussed at the said meeting. In reply to Councillor A. Vincent's question as to whether this item can truly be regarded as a capital item when-it replaced something that is only a couple of years old, Mr. Barfoot stated that this work can be construed:-as an improvement to the intake over what was previously installed - that is, a capital improvement. Councillor Cave stated that he could support the amendment to the motion if the $155,000.00 that is involved were to be added to the total cost of the 1974 capital budget, but his concern is that if the two items are included as provided for in the amendment, for the areas noted, what other area is going to suffer thereby. Councillor Murphy was of the opinion that there will be many items listed on the 1974 capital budget that it will not be possible to do and, therefore, the items he proposes to be added could be done this year and the cost absorbed without affecting the budget at all. Councillor Kipping called attention to the letter dated May 3rd, 1974 from the Acting City Manager which explains why priorities had to be put on projects for this capital budget and the reasons this budget had to be cut down so fine: He noted that the final paragraph of the letter says, "The Budgets recommended for adoption in 1974 - 1975 -76 are possibly not adequate in terms of the'perceived needs of the Council, the staff, or the citizens, But the total expenditures in 1974 are very substantial, mainly because of the cost - shared programmes with other governments. The City's inability to finance more than a small proportion of its needs points to the need for taking advantage of cost - shared programmes that are available.',' Question being taken, the amendment to the motion was lost with Councillors Murphy, Green and MacGowan voting "yea" and the 'Mayor and Councillors Black,'Cave, Davis, Higgins, Kipping, Parfitt, A.Vincent and M. Vincent voting "nay ". Question being taken, the motion was'carried with Councillors A. Vincent and M. Vincent voting "nay ". On motion of Councillor Higgins Seconded by Councillor Kipping RESOLVED that the report, dated April 30, 1974, from Deputy Mayor Higgins and the Director of the Recreation and Parks Department regarding meetings that were held between Councillors from Saint John West and the Arenas Committee in considering proposed sites for an area in Saint John West, advising that the sites were narrowed to two, namely, the Lowell Street Playground and the Lancaster Centennial Arena satellite, and summarizing the relative advantages and disadvantages of these two alternatives with the hope that the Common Council will be able to choose the better alternative in order that this project may proceed, be received and filed. On motion of Councillor Murphy Seconded by Councillor Green az A.ftoa S /Zlg7' RESOLVED that the arena for Sa%dt Tobin Saint John West-be located on Lowell- Street Site and that the City give consideration to . /�, acqu -ir-ing the necessary adjoining properties for expanding this site, and that the Land (�ff/e1 st Commi•ttee be asked to give- immediate attention to such property acquisition. [iBO' �SSeS Seconded by Councillor Murphy RESOLVED that the City, staff be requested to formulate , plans that would best resolve the problem of delays in traffic at the level railway TaiFte/e 4&167df crossings at Simms Corner and on Church Avenue in West Saint John, and that would allow p,alV w CM" — the City to take immediate advantage of available funding: /�s AND FURIHER that the letter from Councillor MacGowan in the above matter be received �D ,[ �',�44, and filed. CD�ru�eJ/ '49pe. a6e•o7.7,7eg L3 On motion of Councillor Black - Seconded by - Councillor Green 41 RESOLVED that the 'letter from Councillor MacGowan advising !(iers/�ai+r� that she has received several calls from persons in the Milford area, complaining of the i/ �� a�� condition of the Kierstead Mobile Home Park on Kingsville'Road, and that she understands /7� that the residents of that mobile home park are preparing a petition on the existing condition of the Park, and stating that she strongly urges that the appropriate departments iL, :;estige:te ai:; Lu1,. 711cit I Councillor Murphy noted that there are two old buildings on the said adjoining location that-the-City-should acquire. He also noted that acquisition of these adjoining properties would -avoid interfer - -ing -with the existing Lowell Street playground facility. Councillor MacGowan spoke in support of the Lowell Street site. Councillor Higgins stated that there seems to be an overwhelming feeling by groups on the West Side�.in particular -that Lowell Street is the proper site. He advised that he ' is not against having a rink sited in the West Side area, but for the sake of the record, if the arena is to be on the Lowell Street area, he will not vote against the motion to represent those who still believe in the priority of the Lancaster Centennial Arena satellite. Councillor Ki -pping indicated• that he was voting against the motion for the same reason. Question being-taken, the motion was carried with Councillors - Higgins and Kipping voting "nay ". -On motion of Councillor Murphy ' Seconded by Councillor- M. Vincent -- �( OS RESOLVED that the -- letter -from the Lowell Street Ladies Club submitting Al.-&e% Qkez the signatures of residents of the - Lowell Street area who are in favour of the construction of an arena on the Lowell Street site, be received and filed . On motion•of Councillor Kipping Seconded by Councillor Murphy COM/►7/�`Z`t°L' /°@ RESOLVED that the letter from Councillors MacGowan, • Davis and Kipping, the Council Special Committee on the Promotion Department, advising Xthat �f°Pt the structure of the Promotional division contained in the new organization which was adopted by the Common Counci -1 with the proposal for a new "Department of Economic ,Cco,i,.,! %ezk�� Development" has been noted„ °by" the Committee, and that the Committee had suspended its �76�l��BPt work pending receipt of the - consultant's report- on reorganization, and further advising �L that Mr. Douglas Johnson, Executive Vice- President of the Calgary Tourist and Convention �OYC9S1✓v/J/7 Association, and Vice - President of the Calgary Stampede, will be in Saint John on May 17th $OA7,row7Y_6 60.01% as a side -trip of a.scheduled visit to Halifax, and that this is an opportunity for the RV1WOt 1�*v4P?7 Committee to obtain first -hand information on city promotion - and recommending that the and Common- Council the Tourist and Convention Promotion Committee meet with Mr. Johnson 4!AVft LdKIJG for a sandwich lunch on that day; in order to take advantage of the expertise and ideas 1b T��0�— of Mr. Johnson, who is perhaps the most knowledgeable and successful in his field in Canada today, be received -and filed and ,the recommendation adopted. 07 i�+�/, Oi+i. ' It was noted that as many members of the Common Council as possible will attend the above noted meeting with Mr. Johnson. On motion of Councillor Murphy �ODV9vo9' Seconded by +Councillor Higgins RESOLVED that authority be granted to advertise the y variaus'ppoposed amendments to the Zoning By -Law that are recommended in the letter from the Planning Advisory Committee dated April 30th, 197.4. dib7�oi�gYes On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that the letter from the Planning Advisory Commit recommending that the Common Council consider and enact by -laws to declare that part of McAllister Drive between Loch Lomond Road and the Red Head Road and all of King William Road as controlled access streets, and advising that-, in both cases, access to abutting yy properties would be by means of public streets and common access areas and rights -of -way -Dh as may be approved from time to time by the Planning Advisory Committee, be referred to �►I�OA/oh�� staff for a report and recommendation. Rev ff/e.16e;pd On motion of Councillor MacGowan Seconded by Councillor Murphy ' RESOLVED that the City staff be requested to ascertain what funds are available for relocation of railway tracks and for construction of railway J1 aver- passes and under - passes. j e�OFsal / O 07 i _ On motion of Councillor MacGowan [iBO' �SSeS Seconded by Councillor Murphy RESOLVED that the City, staff be requested to formulate , plans that would best resolve the problem of delays in traffic at the level railway TaiFte/e 4&167df crossings at Simms Corner and on Church Avenue in West Saint John, and that would allow p,alV w CM" — the City to take immediate advantage of available funding: /�s AND FURIHER that the letter from Councillor MacGowan in the above matter be received �D ,[ �',�44, and filed. CD�ru�eJ/ '49pe. a6e•o7.7,7eg L3 On motion of Councillor Black - Seconded by - Councillor Green 41 RESOLVED that the 'letter from Councillor MacGowan advising !(iers/�ai+r� that she has received several calls from persons in the Milford area, complaining of the i/ �� a�� condition of the Kierstead Mobile Home Park on Kingsville'Road, and that she understands /7� that the residents of that mobile home park are preparing a petition on the existing condition of the Park, and stating that she strongly urges that the appropriate departments iL, :;estige:te ai:; Lu1,. 711cit I r \J 6a& A Wheent 7 A.r.►�%i � o�i i --- ,wi,oeeP2 9, 'ON�C+ -/�SS n r • LaaDOy�O�•'L'd� %A�q J�4,��t0oJ - S�GC{'eL�. %Ix� c.�d�OYN% l S ' ODy � /�i7GCtz'ib}, u Ifts of the City investigate and take whatever steps are necessary, be referred to staff for a report. Councillor MacGowan suggested that all members of the Council view this above named site. On motion of Councillor Murphy, Seconded by Councillor Cave RESOLVED that the correspondence from Councillor A. Vincent relating to appointment of the Fort La.Tour Development Authority, be received ,and filed. On motion of Councillor A. Vincent Seconded by Councillor Murphy RESOLVED, that.the.correspondence from Councillor A. Vincent regarding a violation -of a specification of the contract for Bayside Drive reconstruction and widening, Phase II, Bayside.Drive railway overpass (widening),.be taken from the agenda and the Mayor, the Acting City Manager and other members of the City staff be thanked, this matter having been resolved through the good offices of the Mayor, the Acting City Manager and those involved who worked to resolve the problem. The Mayor commented that Councillro A. Vincent is also to be thanked for his efforts in solving the above noted problem. On motion of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that the letter from the Building and Construction Trades Council, A.F.L., C.I.O., stating'that the said Trades Council protests in the strongest possil (9e manner the tactics employed by Callaghan Contracting Ltd. of Moncton with respect to using out -of -town workers on the Bayside Drive project, and requesting the assistance of the Common Council regarding this matter, be received and filed. On motion of councillor Murphy Seconded by Councillor Black RESOLVED that the letter from the Provincial Secretary of New Brunswick, which includes present legislation covering the transportation of dangerous articles on highways and which advises that meetings are presently being held between the ten provinces and the federal government with regard to the transportation of dangerous goods and that it is hoped that something concrete will be-obtained from these meetings in the not - too - distant furture covering the transportation of dangerous goods by all modes of transportation - this letter having been for warded in reply to Common Council resolution of April 8th last.on the proper placarding of trucks which transport hazardous chemicals through cities, and on all vehicles transporting such chemicals by sea, road, rail or air - be received and filed. On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that the letter from Mr. Ernest E. Griffin of 380 Algonquin Place, Saint John West, advising that he is still waiting for action with regard to his request that Algonquin Place be reinstated to a standard similar to what existed in 1969 (paving and curbing) prior to construction of the throughway in this area, and that he would appreciate speedy attention to this matter at the start of this (construction season, be referred to staff for a report. On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that as per the request of Mr. John Green of / John Green Roadway, he be granted permission to give one building lot on the right hand ®d IPside of this road in South Bay to his son, Mr. Lorne Green, and to sell one building lot on the left hand side of the road to Mr. Vincent Laskey, as outlined in his letter of April 29th, 1974 regarding size of these lots. oi 6'v P7 47g9e /1%8/7Y0i`%d7% .%.4o491 SA ,917"4d On motion of Councillor Higgins Seconded by Councillor Murphy RESOLVED that the matter be referred to the City Solicitor for a legal opinion as to the City's legal authority with respect to the request made by Mr. John Green in his letter of April 29th, 1974. The question being taken, the motion to refer was carried. On motion of Councillor Higgins Seconded by Councillor Murphy RESOLVED that the letter from Mr. Ralph C. McKay, Principal of Barnhill Memorial School, advising that the Steel Band of that school has been invited a second time to perform in the Tulip Festival in Ottawa, and that the dates of the trip, including travelling will be May 17th to 22nd next, and soliciting a grant from the City of Saint John to help defray expenses, be referred to Committee of the Whole session of this meeting for discussion by the committee on budget. On motion of Councillor Murphy Seconded by Councillor Higgins RESOLVED that the letter from Miss Dorothy G. Fritz of 526 McKiel Street, Saint John West, requesting that Busby Street bec: extended to connect Connors Street with Morris Street, for the reasons given in her latter, be referred to S'AY SA City staff for a report. It was agreed that the Common Council will meet in regular session on the following KI Ra l'oe.&- $epo, %c 5 ea$3i- 'Y if SS' . a Pf,, ze -eye S Pe 0-VY9 fa/ ppo. m �o6ertAV ��a:`eo9s �xPpoPr %az .1.*)3up'amee a4v/yes X dates: May 21st, May 29th, and'June 12th. On motion of councillor A. Vincent • Seconded by Councillor Murphy RESOLVED that with regard to the request made by the Common Council for a meeting with members of the Provincial Government to discuss: (1) cost sharing of municipal services in developments sponsored by the New Brunswick Housing Corporation or other Provincial agencies; (2) the problem of borrowing money for financing of capital projects - the Provincial Government be advised that the Common Council views with'regret the fact that there has been no'reply as yet from the Provincial Government to the said request. ' LEGAL Consideration was given to the letter from Mr. Robert M. Waters, dated May 1st, 1974, n which he requests that the expropriation matter concerning his farm land be now brought o a conclusion. The Common Clerk read from the minutes'of Council of October, 1973 t which time Councillors M. Vincent, Murphy and Black were asked to view Mr. Water`s roperty and consult with him regarding his claim- for'damages'in this matter. The Council embers concurred in the suggestion made by Councillor A. Vincent that the City Solicitor ' nd the Acting City Manager bring in'a confidential report to Council regarding this atter, for the next Council meeting, before any action is taken by Council, and that the aid °•report contain a recommendation as to what action should be taken to resolve the rob lem'. On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the :ommissioner of Finance and the Acting Cify Manager,'authority be granted to make payment Ln-the sum of $11,048.48 to'the City's insurers regarding 19 claims that were settled • ender the $1,000.00 deductible feature of the City's Comprehensive General Liability insurance coverage, during the first quarter of 1974. On motion The meeting adjourned. Common C rk e • • I r n LJ • Scot�3ios A'¢do &d4�rvL- &p Rle 5 in ;%4 �Of awp /sz�Oe7 pes6 /ie/% At a Common Council, held at the City Hall, in the City of Saint John, on Tuesday, the twenty -first day of May, A.D. 1974, at 4.00 o'clock p.m, present Thomas J. Higgins; Esquire, Deputy Mayor, presiding in the absence of Mayor A. R. W. Lockhart Councillors Black, Cave, Davis, Green, Kipping, Murphy, MacGowan, Parfitt, A. Vincent and M. Vincent -and - Messrs. N. Barfoot, Acting City Manager, R. Park, Commissioner of Finance, J. C. MacKinnon, Assistant Director of Works - Operations, C. Robichaud, Assistant Director of Works - Engineering, C. E. Nicolle, Director of the Recreation and Parks Department, A. Ellis, Building Inspector, R. Jackson, Deputy Chief of Police, P. Clark, Fire Chief,,M. Zides, Municipal Planning Director, D. French, Personnel Officer, F. Grass, Information Officer, J. Gabriel, Assistant Director of Parks, and S. MacDonald, Director of the Promotion Department. The meeting opened with a prayer which was offered by The Reverend A. S. Carpenter, interim pastor of Central Baptist Church. Councillor Murphy proposed a motion, seconded by Councillor Cave, that minutes of the meeting of Common Council, held on May 6th last, be confirmed. Councillor A. Vincent stated that he wished to question these minutes concerning a matter that was not recorded in same, namely, his request for a legal opinion. Noting that the City Solicitor was not present,at the meeting at this time, the Council members agreed to defer consideration of confirmation of the said minutes until the City Solicitor was in attendance. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that in accordance with the .recommendation of the Acting City Manager, approval be given .for payment of the invoice, dated March 28th, 1974, from Scott Bros., Ltd. in the amount of $17,751.49, being Progress Estimate Number 1 for the supply of water and sewer materials for Ian Street in Champlain Heights. On motion of Councillor Murphy Seconded by .Councillor Black. RESOLVED that the report of the Fire Department for Mrach and the report of the activities of the Recreation and Parks Department for January, February and March, be received and filed. . Councillor Murphy stated that he has received complaints from residents of the area of the former City Hall in West Saint John who say that this building is `very dilapidated. He asked that the matter of having this building painted be referred to the Works Department for consideration. Councillor Murphy noted that the Fire Department report advised of plans to hold a week -end Fire Fighters Workshop for the Fire Departments through!;:out the Fundy area He asked for information as to whether this workshop has been held, and,.if not, whether it should be given approval by Council at this meeting. Chief Clark.advised that the said workshop is still in the planning stage; he will be submitting a report to the Acting City Manager with all details concerning this event and he supposes it would be proper then for,it to be submitted for Council approval. On motion o,f Councillor Green Seconded by Councillor Black RESOLVED that the letter from the Acting City Manager. dated May 9th, 1974, further to his letter of April 19th, 1974 concerning Francis and Allison Streets basement floodings and the recommendation contained therein that back water valves be installed by residents having back -up problems on these streets and that the necessary new sewer system be installed under a future Capital Works Programme, as soon as areas with greater problems are recitified and the money is available - which letter was laid on the table by Council on April 22nd last and referred to staff, including the Legal Department, for a report to Council - advising that.at.the Council meeting-of May 6th, 1974 the Council adopted the Capital Budget report which-included among 1975 projects, the storm relief sewer for this area and the 1975 programme was referred to the Budget Committee for their future guidance, and that the City is.therefore taking steps to relieve the flooding situation, and that if further flooding occurs before the work is completed, then the City Solicitor advises that.the matter of liability will have to be determined at that time, be received and filed. Councillor Murphy advised that he feels the above explanation in the matter is not acceptable. He stated he would also like toknow if-they will consider claims for damages that happened on Francis Street, what.about. claims for damages that happened'in the Greendale Sub - division.. He noted that the $100,000.00 is not mentioned for.the said Sub - division. He felt that the.matter should be tabled, to be considered later on in the year when we can see if there is going to be money.left in the budget to do both those jobs. Mr. F. A..Rodgers, City Solicitor, entered the meeting.. WTW Councillor.Cave stated.that,if he is,not assured that,steps will be taken toward relieving this flooding,problem, although he realizes we,do not.have. sufficient capital monies for the entire job, he will move that the report be tabled. Mr. Barfoot stated that the steps that have been taken regarding the problem are the - planning for the storm sewer for this particular area in the 1975 capital budget, which means that the City is steps to install this, but not this year; this is the action that has been taken,, • relief taking Councillor MacGowan stated that she is wondering if the very wording of the letter from the Acting City Manager of May 9th, 1974 in this matter is not leaving the City wide open for liability right now - if we accept the fact that it is necessary and "if further flooding occurs before the work is completed.... the matter of liability will have to be "; ' determined at that time. she is wondering if this letter should even have appeared. When asked for his comments, Mr. Rodgers stated that it is difficult to take care of every situation to the point where nothing is said at all; in-this case, it was a case of the citizen conplaining, the administratilon looking into the situation, having provisions made in the budget to correct the situation in the future; at this time, there is no liability on behalf of the City - what occurs in the future no -one will know until that happens; as he advised the Acting Ci -ty Manager, there could be liability, but we do not know, and the fact that flooding might- possibly occur before the City does work in the area does not. necessarily mean that the -City will be liable. Councillor Green concurred in the suggestion made by Councillor Murphy, stating he ' O�SQi sees nothing wrong in referring tha matter to the Acting City Manager to see if this sewer ` / work can be dome later in the year, i•f thereis money left in the 1974 capital budget for it. ,e7/ 110%1 s�d9/� The Deputy Mayor commented that consideration can be given to this particular case if it is found that various projects that have been capitalized are not finished this year under the various aggr.eements pertaining to them, which would }ree that money for 1974 capital work on this storm relief sewer, rather than in 1975. He added that Mr. Barfoot has concurred in the suggestion in this regard that was made by Councillors Murphy and Green. On motion_of Councillor Murphy • R��.50h CG `tea Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Acting City Mamager, approval be given for payment of the invoice from D. Hatfield, Ltd., in the amount of $2,812.46, for the supply of equipment to the Works Department during he period 'April 1st to 15th, 1974. On motion of Councillor Cave Seconded by Councillor Murphy RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of the invoice from Atmus Equipment Limited, dated March 27th, 19 -74, in the amount of $2,762.98, for the purchase of parts for the Number J / 475 Elgin eductor, this pur -chase having been necessary immediately in order to put this ' machine back in working condition. �Q�LdOi^ Councillor A. Vincent asked -i -f tenders were called for the above repair parts, and fj�c►//yf —j� Mr. Barfoot, in making negative reply, advising that this purchase of parts is the usual procedure for a specialized piece of equipment, and Atmus Equipment Ltd, of Fredericton is the local agent for the machine in question. Councillor A. Vincent, noting that the said company are brokers, asked if a better price for the repair parts could not have been obtained in Halifax; because these repair parts are not stocked in Fredericton, he is of the opinion that tenders should have been called for these repair parts. Mr. MacKinnon advised that.th;is.is considered an emergency piece of equipment, and the Department finds the fastest- accessible place t•o get it, in this case, is Atmus Equipment in Fredericton, and he believes the price is comparible towilhere we may have gottAn it. We did not call tenders for it, and he does not believe it was shopped to the point of getting tenders for this purchase. Councillor A.-Vincent stated he believes that the City should have �j gone to at least three different places for these same parts and purchased from the • Q�C'y /'� lowest bidder; he also feels that the City should supply these parts - that is, publicly - AehwBhs call tenders for these parts -sand have a supply tender, to save the taxpayers many S.,oap/�IiZ�S thousands of dollars in the run of a year. _AOy` 10 -e 0 s Councillor A. Vincent stated it is his understanding that, in other cities, this xv- piece of equipment has a tendency to break down frequently. He asked if this is one piece of equipment the City should stock parts for, in the event of break - downs. Mr. MacKinnon, in reply, stated that our service on this particular piece of equipment has been reasonable good; however, the "cardex." system that has been set up in the City's stores Department and parts for all the equipment that is used frequently will be ordered and stocked- within reason, we try to stock everythong we may need in repair parts for , eventual break -down, although we cannot stock everything for all the break - downs. On motion of councillor Murphy Seconded by Councillor Green �7�i'�/79eI9G -RESOLVED that the letter from the Acting City Manager, advising that Common Council resolution of July 16th, 1973 approved the City's application /Oai! for loan funds under the National Housing Act, in the amount of $469,540.00 for a portion of the Spruce takh Industrial Park External Services - Western Collector Sewer, consisting -inch , +S 1Yt!'C�iCd�B of 10,120 feet of 24 -inch, 30 and 36 -inch diameter sewer, and that Central Mortgage and Housing Corporation has now submitted the complete-Agreement in this regard for ��ahf¢�r execution by the City, and recommending that the Mayor and the Common Clerk be authorized /y�yP to execute this Agreement on.behalf of theCity, be received and filed and the recommendation adopted. //�,�/ y���/+/y►�� Councillor A.• Vincent asked it tenders were called for this job.- Mr. Barfoot J`'GdP/NP' confirmed that they were, and that the job is almost complete, Noting that the City has a bank over - .draft of approximately two and one -half million dollars, Councillor A. Vincent asked if the National Housing and everybody else involved who caused the delay, • are going to pay part of the over -draft and part of this cost, because it is his understanding that the City paid the contractor and carried this cost in its over - draft. He feels that the people who caused the delay should pick up thecost, as good businesd practice. Mr. Barfoot advised that with respect to the above named Agreement with Central Mortgage and Housing Corporation, this matter was partially covered under a Department of F_ • egional Economic Expansion Agreement for which claims have been proceede with, to his nowledge; if the said-Corporation makes advances against loans the city also'�has to pay 'nterest on these; the fact that the Agreement had not been signed did not hold the ity up because the Agreement had been approved in principle by both the City and the orporation - the above resolution is just the formal execution of the Agreement; the ity prodeeded on its own, with the approval of Central Mortgage and Housing Corporation, egarding this job. Councillor A. Vincent commented that, however, the City paid the cost. md On motion of.Councillor Murphy ' Seconded by Councillor Black RESOLVED that the letter from the Acting City Manager, recommending that the 1,owest bid received to meet specifications for supplying and Q� installing one tourist sign at'the Reversing Falls Tourist Bureau, as shown on the submitted sketch, namely, that of Neon & Plastic Signs Ltd., in the amount of $4,104.00 plus taxes, for a total cost of $,964.20, be accepted, and advising that the cost of this sign was originally covered in the pproosed Capital Budget improvements at the Reversing'Falls but that this project as re- scheduled for 1975, and that the existing sign, however, is in a state of disrepair and ill need substanntial expenditures even to keep it in place and a decision was therefore - taken to recommend the purchase of a new sign:.this year, to be covered in the current budget, an to complete the balance of the permanent park improvements as a captial item next year - e received and filed and the recommendation adopted. Councillor Murphy commented that there is considerable talk these days about lasting rock at the Reversing,Falls to relieve flooding in the St. John River. He felt that this is an item that we should move slowly on because there is only one Reversing Falls and it is world- famous. Councillor A. Vincent felt that this proposal is a waste of money, and he noted that d�s a are talking about something we already removed from the 1974 Capital Budget. He asked / bs for an explanation regarding what is planned to be done with the proposed Loyalist Man sign, in view of the fact that no money has been appropriated to erect it. He noted that e was in fovour of having the $30,000.00 spent in this particular area. Mr. MacDonald advised that several proposals were called for on various types of signs to be erected in what as then planned to be a promenade area in front of the existing Reversing Falls Tourist ureau, and after much shopping around, this presentation is now being submitted to Council - ertainly, it is not the ideal thing from the view of the Pro= ion Department, but, inasmuch as the Capital Budget for the City for work designated for that site seemed to be very limited this year, the Department "settled" for a second choice. Councillor A. Vincent felt that the Council should take a second look at the sign proposal because he feels it is waste of money and it is not the proper sign; he cannot see where this sign would be placed, looking at the design that he has. The Deputy Mayor noted what is being done is, they are ' witching the building of the sign to 1974 and moving the permanent park improvements into 1975. Councillor A. Vincent contended that you cannot do one without the other, and that ou have to have the park improvement work first. Mr. Barfoot replied that hehaa discussed his matter over a considerable length of time with Mr. MacDonald and with other members f the Tourist and Convention Promotion Committee, and his letter to Council explains why the proposed action regarding the sign is being recommended: the present sign does not resent good appearance and it will cost money to even keep it there, and it does not eflect crddit on the Dity, this being a major tourist gateway. He stated that he ecommends that the Council make the decision to proceed with a new sign which would be nclosed within a temporary curbing this year ins. movable location until we devise the est traffic control situation for that intersection by a year's practice, and then put in he permanent curbing and landscaping next year, hopefully, under the Capital Budget; this as done in conjunction with some other improvements that he understands the Province of ew Brunswick is prepared to make in that area, and thatmatches up the other effort that 's being made there. Councillor A. Vincent expressed the opinion.that tourism is the • esponsibility of the Provincial Government and that the City should not have anything to o withit, and,stated that he is opposed to the City having to pay for this sign, and he is pposedto this sign. He stated that he feels that-this proposed expenditure is $30,000.00 Less than what we should be spending at this particular tourist bureau area. In expressing his opposition to the proposal, Councillor Davis noted that this Ls a very hazardous spot with a very difficult and dangerous traffic situation, and he felt hat we would be introducing another hazard in erecting the proposed sign; he does not eel that there has been sufficient thought about introducing perhaps a divided roadway in his part of the city; he feels that if the proposal as shown on the sketch were followed ' t wouldmean development of an -.area in which there would be many accidents and that it would e sodifficult to get in and out of the area that it would be useless. He stated that he oes not believe it is right to put up the sign in the first place without studying the whole rea, and he feels that to proceed with the sign without proceeding with the terrace or patio Ls wrong; he does not agree with the proposal to have this terrace because it means that people annot be picked up in cars at the Tourist Bureau door any more but must wolk perhaps 200 feet o the car. He stated he feels that we should not proceed on this hodge - podge basis, but that o do the job right the $30,000.00 job should be done. ' Noting that something has to be done regarding a sign - either repair the existing one, or replace it - Councillor Kipping suggested that perhaps money could be set aside to repair he sign in view of the possibility of public liability relating to it, asideifrom the uestion of its appearance. He suggested that perhaps the only thing the Council can do, because the location of the proposed sign is apparently not agreed to by most of the Council embers present, is to send the matter back to tlje Proimtion Department and ask them to design amother solution to the problem of a sign, In reply, Mr. MacDonald stated he can see o difficulty in doing this, although he recalled that it was the Recreation and Parks epartment, with some assistance from other civic departments, that prepared the original plot Ian. He stated that the existing sigh had several hundred dollars spent on it in repairs ast year, and that temporary minor repairs were made to it at this time in view of the fact • that a civic., department has reported that it is again in bad shape and is in danger of ollapsing on the street; the Department feels that the area in question is a bad traffic azard and believe that a new traffic stream plan should be devised. He stated that, as temporary solution, the Promotion and Parks Departments concur in the recommendation made by the Acting City Manager for the new sign and its location. Councillor MacGowan noted that the present sign, because of its condition, has ss o be either repaired or replaced or removed, and in addition,she understands that the fence here also has to be repaired, all of which involves the liability of the City in case of • ccidents to the public. She felt it was most important that this particular bureau ite be kept in condition and made attractive because ththis particular- ,bureau.receives the ost tourists of any in the.province and it is here that the tourist receives his impression f our city. She.stated that like Councillor A; Vincent, she would like to see this job egarding the proposed sign, et cetera, done properly in order to bring money into our city nd to make the right impression on the tourists,.and she advocated that the $20,000.00 job e proceeded with this year, and that it he done properly -this year in so doing. She noted hat the amount for the project is $20,000.00 and not $30,000.00, as referred to by Councillor Vincent. Councillor.Gould in enquiring whether the traffic people and the Tourist and onvention Promotion Committee have been involved in this proposal, suggested that as little' onye as possible be spent. 'this year to make the sign safe and as presentable in appearance s possible over the next few months, and in the meantime those persons with expertise make ome in -put inot a permanent design for the area. He felt that to spend the above mentioned 30,000.00 for "band -aid" treatment and to keep doing this every so often,.is just ridiculous. e asked.how the proposed plan•.for.this area that.is now before Council reached this present tate. Mr. Barfoot,replied that this.has evolved over a series.of months by consultation with he Parks Department, among others, as,to designing this area; it was the.thought in going ahead ith this stage of it that it would be very difficult at this.time to complete- the work , ecessary for „this park before the start of.the tourist.season - at least, the very urgent art of it would be.done, the balance of it hopefully would be done beforethe next tourist eason - the idea of putting.the tempory curbing was inorder to look at the solutions we ave arrived at for handling traffic in an experimental fashion that we can move the curbing uring the course of the summer in order to devise the best possible method of handling he °'incoming and outgoing traffic at this location. He advised that the Chief of Police has of been involved in the discussions on the traffic design of this proposal. The Mayor entered the meeting and assumed a chair at the Council table. In reply to Councillor Gould's question as to whether the Tourist ap6 Convention romtion Committee has been consulted regarding this proposal, Mr. MacDonald.stated that the* ommittee has been consulted and the Committee seems to be happy with it, although the Committee embers are not experts in the traffic matters; they are not happy with this porposal but- they feel, under the circumstances this year, part of.the project.is better than none - it ives them an opportunity to start.the project which was actually approved in May of 1973 and at that time it got so late in the season that the City did not actually get.at the job, 'tself, so it had to be postponed for this year. Co'dncillor.Cave stated that he is not opposed to 'this in the whole but he is oncernedc, that•if we spent $30,000.00 to create this park and to erect or repair the sign hat we may be tearing it out of there in a couple of years because of the fact that it is aking so much space;.he visualizes that the space in which the tourists would park would be n the wayof this.proposed park area; he feels that the Council should move slowly on this lan because the said $30,000.00 would be wasted . if it did not work,out. The Deputy Mayor ointed out that -the proposed sign.and.park is out front, where there is no'-parking now. r. MacDonald noted.that there are close to 120 parking spaces at the tourist bureau, even w. ith this,proposed plan. I Moved in- amendment by Councillor. Murphy �- Seconded.by Councillor Green RESOLVED that approval be given for purchase and S/ h nstallation of a new tourist sign as set forth in the above motion, subject to concurrence /v7 /L° y the Police Department; otherwise, that a report be brought back to Council in this matter. Signs A.0w. Moved in amendtitht to the amendment -by Councillor A. Vincent Seconded by Councillor Murphy RESOLVED that subject to the above motion and the Fo 11 bove amendment to the motion, that a committee be set up to meet within a.week with The • lonourable Jean Paul LeBlanc, Minister of Tourism for New Brunswick, to explore the / �!! ossibility of cutting off the bank of earth at the Provincial Hospital property by the //�� eversing Falls Tourist Bureau, and of the City obtaining from him some financial assistance LI+OI*A!� Pe qhich he promised sometime ago that he would do.' ,�EiD'ial� /n s� 6e�h L� Councillor A. Vincent stated he felt that we could also discuss any other matter � ith the Minister of Tourism at the same meeting that we wish to bring up. Question being taken, the amendment to the amendment to the motion was carried. ' Question being taken, the amendment to the motion was carried with Councillors . Vincent, Davis and Cave voting "nay ". Councillor A. Vincent voted against the question, ecause he contended that the passage of the amendment to the amendment to the motion recluded any questions being put to either the amendment to the motion or the original otion; he stated that he was not in favour of the amendment to the motion. Question being taken, the motion as amended was carried with Councillors A. Vincent, avis and Cave voting "nay ". , The Mayor assumed the Chair at this time. Q hC /I�j'IT. With reference to confirmation of the minutes of the May 6th last Council meeting, v//7CC/7 e ouncillor A. Vincent stated that at that - meeting his request, which was not recorded in � p, Ste,- hose minutes, was made concerning the matter of towing services,'and he asked the question t that meeting as follows: he knows of a girl whose car the Police Department"ordered be owed away from near the'City Hall building; she reported the car stolen and she collected �s ia&e deaw6hts er insurance money from her insurance company; five months later the car was found in a City To e�6I"ai ound lock -up for cars. He stated that his question was: is there some provision made, in ccepting the tender of Loyalist City Crane Service Ltd. for towing services for the City, �+ CI�Lp hat this kind of incident will not happen again. He noted that in the case he has referred• •/ - �0�G'Yy7jp o, this girl, four months after her car was towed away, received payment for a new car from he insurance company, and seven months later she received a bill from the City wanting some ent for hercar that was towed away (which she thought was stolen). He stated that if the ity is going to contract out the towing service, he wantsr-•provision to be made that the company I r • C P&P,FVi /lop • 7�elnp ,1 7 .r ,6?-?m 7a�e��� E nvolved will be responsible for anybody's car that is towed away - sevea months later. e stated that he thought that the City Solicitor was going to have that point confirmed ith Loyalist City Crane Service Ltd, that it would not happen again. He stated that he i-s repared to give the details as to names-of people, insurance company policy number, name f insurance company, regarding the incident referred to. The Mayor stated that the City olicitor appreciates the clarification and now that he knows exactly what it is about, he ill now prepare the legal opinion that Councillor A. Vincent has requested- it is not ready t this time. Councillor A. Vincent asked that this matter be recorded in these minutes. He tated that he is prepared to accept the minutes of the May 6th meeting with the exception of he part that relates to accepting the tender of Loyalist City Crane Service Ltd. because he is of in favour of contracting out towing people's cars away, people reporting the cars stolen, he Police spending countless hours looking for the car, insurance companies paying for the ar, and then seven months later the City of Saint John charging a rent bill for the car being n the pound. He stated that he cannot accept those May 6th minutes because he had to ask,. he same question against the tendering on towing - he cannot, for one who has had his car owed away more than once. Mr. Rodgers replied that there is no contract signed, as of this r... oment, and before -:it is signed, Councillor A. Vincent will be supplied with his answers. ouncillor A. Vincent stated that he is not at liberty to reveql the name of the lady whose rand -new car was towed away and who collected the money inthe incident he related, but if t is so wished, a check could be made in this matter with Mr. Eugene Zed, the agent for he insurance company who paid the money in this - particular incident, which occurred during he past three years. He commented that this car was towed 'away by one of our City authroities, lthough the car could not be found by the Police Department. The Mayor advised that the equested legal opinion will be obtained, and, as requested by Councillor A. Vincent, he will e shown the said agreement with'the towing company before it is signed. On motion of Councillor Murphy Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common ,ouncil held on May 6th last, be confirmed. On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that the letter from the Acting City Manager >ubmitting an invoice from Tractors & Equipment (1962) Ltd, in the amount of $3,146.34, :overing the purchase of one "A" frame for an Allis Chalmers tractor Number 686, and advising that it was necessary to purchase this part on an emergency basis as the tractor ias required for rock work and without it additional equipment would have been hired, and 'equesting approval of payment of this invoice, be received and filed and the - request ;omplied with. t ., On motion of Councillor Cave Seconded by Councillor Murphy RESOLVED that as recommended by the Acting City �TGB� anager, approval be granted for payment of the invoice from Dexter Construction Co. Ltd., n the amount of $4,589,14 for crushing - gravel for the Works Department during the period C�y� pril 1st to 30th,1974. ��e4r. �� On motion of Councillor Black Seconded by Councillor Cave RESOLVED.that•in: accordance with the recommendation of the cting City Manager, authority be granted to pay the following invoices from D. Hatfield, Ltd., or equipment rented to the Works Department: - 0 144e • April 16 -30, 1974 (dated May 3, 1974) $ 3,027:06 April 16 -30, 1974 (dated May 3, 1974) $ 4,144.27 On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that'as recommended by the Acting City Manager, e following construction progress certificate be paid on a contract for a project included the Capital Budget:- Forest Hills - Standby Power Supply of standby diesel genertor Marine Industrial & Technical Sales Co. Ltd. Total Value of Contract $ 9,535.32 Payments previously approved 7,628.26 Holdback Nil Sum recommended for payment, Invoice Number 285, April ''.8, 1974 $ 1,907.06 On motion of Councillor A. Vincent Seconded by Councillor Murphy RESOLVED that in accordance with the recommendation of e Acting City Manager, the following construction progress certificates and approved voices for Engineering Services regarding projects undertaken under the Department of gional Economic Expansion programme, be paid, namely:- 90 � e�`'eM•+ioh 61hras�e �i� /�SGObszI7[d?: s&A r _ A. Coy�,r�s�iai,�' p'ror. off. X-W /0"ba /i %4wley zj - l�iRy 06 so #C, G(/it• r�es.��� (�i5�►t' LOhS'�� 4111notd -a'v- 1J411 a_ JCi oru..1�1 arl e/s 007ssoa /46401 hazcw «iF sew. Ti�w.a�e 'F 7/1t- 4O' dyl y 05, Bayside Drive Reconstruction and Extension (a) Phase I,.Little River Bridge No. 1 (widening) Atlas Construction Maritimes Ltd. Total Value of Contract Total work done Retention Payments previously approved Sum recommended,for payment, Progress Estimate Number 3 for April 1974 (b) Phase II, Bayside Drive Railway Overpass Callaghan Contracting Ltd. Total value of contract Total work done Retention 15% Payments previously approved Sums recommended for payment, Progess Estimate Number 1, March, 1974 Progress. Estimate Number 2, April, 1974 (c) Province of New Brunswick ' Department of Highways - Engineering Services and Supply.of Materials Payments previously approved Sums recommended for payment, Invoice January Invoice January Invoice March 2 Number 03081, 31, 1974 Number 03082, 31, 1974 Number 03167, 6, 1974 '(d) Murdoch - Lingley Limited Engineering Services (Property Survey) Payments previously,approved Sum recommended for payment, Progress Estimate Number 7 to March 31, 1974 Cotr•tenay Bay Causeway_ A.J.Callaghan & Associates Engineering Services for Eastern Approaches Payments previously approved Sum recommended for payment, Estimate Number 25, April 30, 1974 -WE lgsd�Cff�Asea Collectoi 3ewei ' Supply and Install 36 -inch Sanitary Sewer Gaspe Construction Wr d. Total Value of contract Total work done, Estimate Number 6 Retention Payments previously approved Sum recommended for payment,.Certificate Number 6, May 13, 1974 Milford- Randolph - Greendale Collector Sewer Giffels Associates Ltd. Engineering Services Payments previously approved . Sum recommended for payment, Progress Estimate Number 30, May 8, 1974 Hazen Creek Sewage Treatment Plant Godfrey Associates Ltd. Engineering Services Payments previously approved Sum recommended for payment, Certificate Number 23, March 29, 1974 for. for $ 238,255.70 121,131.48 18,169.72 92,203.66 $ 10,758.10 $ 247,404.00 33,911.40 5,086.71 Nil $ 10,676.00 $ 18,148.69 $ 15,468.22 $ 1,905.97 $ 37.00 $ 18,086.24 $ 10,523.15 $ 357.50 $ 51.207.00 $ 2,277.50 $323,580.00 270,741.38 40,611.20 218,553.17 $ 11,577.01 $102,621.06 $ 1,683.84 $ 13,355.44 $ 142.00 • • u 0 r A0 ele On motion of Councillor Black • Jr' @.'�ytW��p Seconded by Councillor Murphy RESOLVED IHAT fHe recommendation of the Acting City anager be adopted, namely, that the invoice from Stephen Construction Co. Ltd., dated ay 16th, 1974, in the amount of $13,524.21, for the supply of asphalt to the Works epartment during the period May lst to May 15th, 1974, be paid. On motion of Councillor.Murphy 91 Seconded by Councillor Green , RESOLVED that as recommended by the Acting City Manager, ,����� pproval be granted for the Mayor and Common Clerk to execute on behalf of the City of VOe aint John a sub - division agreement with Kennebecasis Investments Limited regarding the A;svlo�dw�leveloping of a section of land_ known as the Bon.Accord Sub - division, off the north side ��___ L f the Loch Lomond Road, approximately 2,600 feet from the Hickey Road intersection, this eveloper's servicing plans having met the approval of the Works Department, and the city �(t o be responsible for the following costs in connection with the said development; - Water materials (watermains, gates, chambers, fire hydrants, etc.) $23,000.00 ' 2. Sanitary sewer materials (pipe, M.H.'s, etc.) I '12,700.00 Storm sewer materials (pipe, M.H,'s, catch basins, etc.) 11,100.00 Approximate total cost 1 $46,800.00 and that the above expenditures totaling approximately $46,800.00 be charged to the 1974 apital Budget. On motion of Councillor Murphy Seconded by Councillor A. Vincent �,�! RESOLVED that the reports for April of the mn dC�� uilding and Technical Inspection Services, including the Plumb ing- 'Divisi'on, -1 and of the •� olice Department and the Water and Sewerage Department, be received and filed. Councillor A. Vincent stated that there is a matter he has been following very closely: e sees a very large building being erected on Main Street, a motel he understands, eight toreys high. He stated that he has not in any of the reports from the Building Inspector hat a building permit was issued regarding this building. He asked,if, at the end of pril, a building permit was issued_, for the Keddy's Motel. .Mr. Ellis replied in the �h egative. Councillor A. Vincent stated thatthe construction people believe in masonry alls and strong walls, and he is very surprised about the walls,,that are going up at S his site. He asked why there was no building permit issued. Mi. Ellis replied that it was slued -,May 8th. Councillor A. Vincnnt asked if that was after he asked for the report on he load- bearing tests on the walls. Mr. Ellis replied that it was not due to the gpypp S 'equest that Councillor A,Vincent made;.it was due to a bond issue that had to be supplied y the company before we could issue the permit. Councillor A. Vincent asked how someone �ddl��✓�,� an start a building that size without a building permit. Mr. Ellis stated that there was uite a controversy over the land acquisition and quite a few more things that were involved nder the Urban Redevelopment; he suggested that the Redevelopmerit_Officer should answer the uestions on that. Councillor A. Vincent stated that he isnot happy with the load- bearing all that is being constructed there, and he is particularly not happy that it is not getting he proper inspection; he does not think that the City should permit this kind of work to go n. He stated that he does th' khat In ftut e f there is aro lem wtt� i Land Committee, r with the Urban Renewal, or w� anybeodou brrtrore telwor is clo�m� ce and t g ermit be y, t�re pro em shou e f dAuea eanr�r �Ky nspection made. Councillor Murphy asked if there is any word regarding the proposed taking over by the Provincial Government of the licensing of plumbers. THE Mayor stated that, on the direction if Council, he was in touch with the Minister and the Department and they say they are quite / leased to have Saint John continue its own inspection; they point out that the Provincial statute, as we know, was the minimal standard and that in, any area where-a municipality has JJ higher standard and has its own staff to carry out the inspectton they ar'e'very pleased to •� �� upport that and encourage all municipalities to do so; however, they point out that many unicipalities in New Brunswick do not have a minimal standard and they do not have the personnel o check and carry out and it is intended to deal with these municipalities where it is x-39 j and not in the major centers where it is not needed and not wanted, Councillor A �""�, urphy co- mented that it is pleasing to hear this, not only because of the revenue that ccumulates to the City, but because of the big factor that, gradually; we are losing our ights and powers and it is therefore gratifying to retain as many of them as we can. he Mayor, in this regard,stated that we are presently negotiating with the Provincial overnment to ger back other areasthat have come by legislative default into the Province',3 urisdiction; again, the Province feels that the City is in the best position be cause it has ' igher standards to enforce its own standards, and the City is looking very closely at some of the moves that have been made in recent years so that we can return these areas to the sties; there will be a more complete report in this regard at a later time for Council. d Councillor A. Vincent asked whether the Redevelopment Officer will be giving the TIP; he requested as to why there was along delay in Keddy's Motor Inns taking out a .•s�TIP; uilding permit. The Mayor asked that the Acting City Manager obtain an explanation in is matter, Councillor A. Vincent asked how could we connect the water and sewerage /,a*. ithout a building permit number. He asked for an answer to this question in written form e Irom the Building Inspection Department. 4"5,24, Councillor A. Vincent referred to the Police Department report for April and asked theyhave a taxi Inspector this month, in 1974. THE Mayor.stated that he is advised that the swer to the question is "no ". He felt that it would be a case of being absent from the Zi, i job and that the duties of Taxi Inspector for April have not been delegated. .�y� � Councillor Green spoke in gratification that the first three months of 1974 have shown /�®//� An increase in the accumulative total of building permit values over the same period for 06¢j3� 1 73 which bodes well for the balance of 1974. J�eZ�• .1a spec%r jwxob ag 1�e�- ,ZVa:hy S'atiefse fad S"46_6 61v. s6fhp%SL° dl®p- 0^1010eOps 4 ,DQ;7?,f-e The Mayor noted that this matter lies wholly within the jurisdiction of the Building nspector; it is not a Council Matter; in simple terms, they should not commence building ntil he gives them a permit. Mr. Ellis added that he cannot give them a permit until 11 is approved. The Deputy Mayor stated that the proper time for discussion of the matter Cs when the requested report comes back to Council because this is a long -range procedure nvolving not only the Building Inspector but the Urban Renewal office, and so on, and he elt sure that there is a.good explanation for it. The Council was advised that the necessary advertising took place regarding the • roposed re= zoning, o.f land.at:the .'end of Jack Street for Mills Construction Ltd. and that no bjections were received in this regard. Mr. Zides referred to the letter from the lanrning Advisory Committee, dated May'3rd, 1974, which recommends that this area of land e re- zoned. from. "R =2% One and Two. Family dwelling district to "RM -'1" up,to three- storey ultilple family district, as shown on the submitted plan.' The letter also notes that in ddition to these two lots that. are . being•re- zoned,for for multiple family use, there is n area proposed for re- zoning for "'P" Park district, which will be vested in the City as an ddition to Rockwood Park, and that notice could be added to an early notice of.another e- zoning proposal elsewhere to re -zone the area proposed for re- zoning for "P" Park district; lternatively, but not preferably, the notice of such'pr'oposed re- zoning could be deferred until he actual sub - division takes place. Mr. Zides'ststed that the Committee-is recommending hat the council proceed with the proposed re- zoning that was requested by Mills Constructio td. and the.question of.the "P" Park zoning will be deferred and the Committee will, if the ouncil wishes, bring it in the next time-the Committee is doing any miscellaneous e- zoning. On motion of Councillor:Murphy r Seconded by Councillor Black RESOLVED that the by -law entitled "A Law to Amend the oning By -Law of the City of Saint John and Amendments Thereto "insofar as it concerns ezoning an area of land at the end of Jack Street off the Sandy'Point Road from "R -2" ne- and two - family district to "RM -1" up to three - storey multiple family district, be ead a third time and enacted and-the Corporate Common Seal affixed thereto. The by -law entitled "A-Law to Amend -the Zoning By -Law of the City of Saint John and uendments Thereto ", was read.in its.entirety prior to the adoption of the above resolution. • The Council,': met4bers noted'that advertising -was made regarding the proposed re- zoning a Sunrise Park Sub- division (for Sunrise Contractors Ltd.- Mr. Dante Foriere) of an area f about 80 acrea lying east of the Graham Brook on the northerly side of the Loch Lomond Dad about a mile east of Blindman's Lake, and that no objections were received to such _- zoning. 1. No person was present to .^offer objection to this proposed re- zoning, or to the Councillor MacGowan expressed concern about what had just been said by Councillor - zoning made by A. Vincent. She asked if it is common procedure, to be able to build without a permit Mills Construction Ltd. at the end of Jack Street. or is it a first such occurrence; she felt that if it is common procedure, it should be the • last .Afto such occurrence. Mr. Ellis, in reply, stated that it is not quite the first,and 3"JJ7Bte_ e hopes that it is ;the,.last. He stated that if the Council wishes to establish a JPr procedure that no more building permits be issued in such instances, he is quite happy to Ale'%� / Gal / carry it out. Councillor MacGowan asked if it is not the law now, and is there not a fine for 'U� eople who start construction without a building permit. Mr. Ellis replied that there is no % O,$ fine unless the matter istaken to the Council and taken through the courts; if somebody uG,���.P started to build without a building permit, he could send that person a stop work order and then the procedure is taken through RESOLVED that the by -law entitled "A Law to Amend the the Legal Department through the courts. Councillor ning By -Law of the.City acGowan asked if permission was given to Keddy's to commence to build without a building Saint John and Amendments Thereto" insofar as it concerns ' permit, or did they just do ot. Mr. Ellis stated that he believes they were tentatively - zoning an area ermitted to do so, in thelong run, provided they were building to the plans, and he is lying east of th'e_Graham Brook on the northerly side uite sure they were doing so. Councillor A. Vincent stated that the walls of this structure the Loch Lomond re not'load - bearing, and they could not pass a test. Councillor MacGowan asked if the walls a mile east of Blindman's Lake from "RS -2 One- and Two - Family re being inspected. Mr.,Ellis stated they have been inspected by himself personally, along burban Residential ith Mr. Heffernan, Plans Reader. Councillor A. Vincent'asked if there are any reinforcing to a variety of area including "R -1B ", one - family, "R -2" one- ods down in the walls and grout poured in them- he added that the ones he saw did nothave d'two- family and his. Mr. Ellis stated that the walls do have reinforcing rods and g'ro'ut poi ed in them. to three - storey multiple family residential districts, be read ouncillor MacGowan felt that, -if this' -instance is not the first time, regardirig the building first time. ermit issuance delay, that it had better be the last, and that if it is not already include�n he by -laws that it. should.be included thatf•_rpeople cannot start building without a permit. J�eZ�• .1a spec%r jwxob ag 1�e�- ,ZVa:hy S'atiefse fad S"46_6 61v. s6fhp%SL° dl®p- 0^1010eOps 4 ,DQ;7?,f-e The Mayor noted that this matter lies wholly within the jurisdiction of the Building nspector; it is not a Council Matter; in simple terms, they should not commence building ntil he gives them a permit. Mr. Ellis added that he cannot give them a permit until 11 is approved. The Deputy Mayor stated that the proper time for discussion of the matter Cs when the requested report comes back to Council because this is a long -range procedure nvolving not only the Building Inspector but the Urban Renewal office, and so on, and he elt sure that there is a.good explanation for it. The Council was advised that the necessary advertising took place regarding the • roposed re= zoning, o.f land.at:the .'end of Jack Street for Mills Construction Ltd. and that no bjections were received in this regard. Mr. Zides referred to the letter from the lanrning Advisory Committee, dated May'3rd, 1974, which recommends that this area of land e re- zoned. from. "R =2% One and Two. Family dwelling district to "RM -'1" up,to three- storey ultilple family district, as shown on the submitted plan.' The letter also notes that in ddition to these two lots that. are . being•re- zoned,for for multiple family use, there is n area proposed for re- zoning for "'P" Park district, which will be vested in the City as an ddition to Rockwood Park, and that notice could be added to an early notice of.another e- zoning proposal elsewhere to re -zone the area proposed for re- zoning for "P" Park district; lternatively, but not preferably, the notice of such'pr'oposed re- zoning could be deferred until he actual sub - division takes place. Mr. Zides'ststed that the Committee-is recommending hat the council proceed with the proposed re- zoning that was requested by Mills Constructio td. and the.question of.the "P" Park zoning will be deferred and the Committee will, if the ouncil wishes, bring it in the next time-the Committee is doing any miscellaneous e- zoning. On motion of Councillor:Murphy r Seconded by Councillor Black RESOLVED that the by -law entitled "A Law to Amend the oning By -Law of the City of Saint John and Amendments Thereto "insofar as it concerns ezoning an area of land at the end of Jack Street off the Sandy'Point Road from "R -2" ne- and two - family district to "RM -1" up to three - storey multiple family district, be ead a third time and enacted and-the Corporate Common Seal affixed thereto. The by -law entitled "A-Law to Amend -the Zoning By -Law of the City of Saint John and uendments Thereto ", was read.in its.entirety prior to the adoption of the above resolution. • The Council,': met4bers noted'that advertising -was made regarding the proposed re- zoning a Sunrise Park Sub- division (for Sunrise Contractors Ltd.- Mr. Dante Foriere) of an area f about 80 acrea lying east of the Graham Brook on the northerly side of the Loch Lomond Dad about a mile east of Blindman's Lake, and that no objections were received to such _- zoning. 1. No person was present to .^offer objection to this proposed re- zoning, or to the - zoning made by Council for Mills Construction Ltd. at the end of Jack Street. On motion of Councillor Murphy , Seconded by Councillor Higgins RESOLVED that the by -law entitled "A Law to Amend the ning By -Law of the.City of Saint John and Amendments Thereto" insofar as it concerns - zoning an area of about 80.acrea lying east of th'e_Graham Brook on the northerly side the Loch Lomond Road about a mile east of Blindman's Lake from "RS -2 One- and Two - Family burban Residential district to a variety of area including "R -1B ", one - family, "R -2" one- d'two- family and "RM -1" up to three - storey multiple family residential districts, be read ' first time. Read.a first, "Amendments time the by -law entitled "A Law to Amend the Zoning By -Law of the City Saint John and Thereto ". On motion of Councillor Murphy Seconded by Councillor.Black RESOLVED that the by -law entitled "A Law to Amend the Zoning -Law of the City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an • ea of about 80 acrea lying east of Graham Brook on the northerly side of the Loch Lomond ad-about a mile east of Blindman's Lake from "RS -2" One- and Two - Family Suburban Residential strict to a variety of areas including "R -1B ", one - family, "R -2" one- and two - family d "RM -1" up to three - storey multiple.family residential districts, be read a second time. Read a second tim ` e the by -law entitled „ A Law to Amend the Zoning By -Law of the City of r n U I I • ho+eea opplep A r /07M Rev_.Z06y/i/cJ°i C& J0,40 70 • 93 aint JOHN and Amendments Thereto ". With regard to the advertising that took place to amend Schedule 2 -A.of the Municipal evelopment Plan by removing the lands known as the New Brunswick Protestant'Orphange roperty at the corner of Manawagonish•Road and Manchester Avenue from major institutional se and placing'various portions of it in low density residential, medium density residential nd commercial areas - and to amend the Zoning By -Law by re- zoning portions of.the said roperty from "R -IA" One- Family to "B -2" General Business and "RM -2" High Rise Multiple amily classifications - the letter dated May 15th, 1974 from the Rocca Group limited was onsidered at this time, in which this firm advises it is withdrawing its application to e -zone the above mentioned property to permit construction of.the proposed $16 million ommercial and residential project for the following reasons:- (1) its staff is presently aking several revisions to the plan - these revisions were suggestions received from citizens t the public meeting held recently at the Hoiiday Inn; (2) some of the residents in the mmediate area of the proposed development have expressed concern about the traffic - to roperly assess this subject the firm has engaged a competent traffic consulting frim who egan work last weell and will complete the report'by the end 6f the .first week in June; 3) the firm is anxious to have some time to review the Brief submitted by the opponents o the project to the Planning Advisory Committee on May 7th; (4) the firm would like to have further meeting, or more if necessary, with the Executive representing the opponents; 5) it wiil be necessary, probably, to have another public meeting with the residents of the mmediate area. The letter further advises that the firm hopes to be in a position by id -June to re -apply to Council -for permission to re- advertise so that a new public hearing ate can be established. Mr. John Rocca, solicitor for the Rocca Group Limited, was present and advised that the asic main reasons for this withdrawal request are because suggeations were made at thesaid ublic meeting and the firm commited itself to the citizens at that meeting that those uggeaiions would be incorporated into the finial plan if the firm's consultant architects elt that could be appropriately made into _the plan without endangering the whole plan; at the ame. time, since that original meeting some concerns have been expressed about traffic and ther. problems that, may be associated with this,complex` and in sh effort to ger some independent dvice especially regarding the traffic problem -which seems to be the concern of many people= hey have,engaged an independent firm to do a'study of the traffic problems that this evelopment may or may not.create; at the same time, the firm has had one meetingwith the xecutive of citizens of the area and is waiting to hear whether any further meetings ill be held.so that the firm would like . to have time to get, the work done regarding the -plan nd.to have the traffic study. so that when it comes back to Council the Council will have 11 the information the firm has and the Council will have the final plan. On motion of Councillor'A, Vincent Seconded by Councillor Murphy RESOLVED roup Limited.be received and filed. that the above named letter from the Rocca Councillor Gould asked if the said firm is withdrawing the application completely, or f it is still interested in creating a shopping center on that site, adding that it is his nderstanding that the citizens of the area are opposing ,a shopping center regardless of what odifications and changes and research Trie.Rocca Group does regarding the planfor the site. e felt that the time appears to have come, before the Rocca Group spends.more money in he research that is going on, for the Council to indicate whether it is in favour of this hopping center or not. He stated it is his feeling that the time has come for a vote fo e takan,.and,that the Council should not procrastinate and delay this decision; he thinks hat the Rocca Group has a right to'know if this proposition stands a chance to be re- zoned. he Mayor pointed out that, on the principle of the matter, the'Council as yet has nothing n writing from this Group and stated bethinks it would be very ill- advised of_the Council o take a stand on any aspect, of it until the Council knows what it is that it is talking bout. He noted that the Councill.'has not received anything, but that it does have in riting a request from the Group.that its application be withdrawn. He stated he does not hink anything is to be served,in arguing the merits of the case when the Council does not now what it is talking about. Councillor Gould reminded the meeting that at a previous eeting of the Council an attempt was made to give two readings to the amendment to the Zoning y -Law concerning this proposed re- zoning. He stated he wants to know why the.sudden change, ant by the failure..fo face up to the reality of the matter... On motion of Councillor .Cave Seconded by Councillor Higgins RESOLVED that the following correspondence regarding the routed re- zoning for the development proposed by the Rocca Group Limited for the New runswick Orphange property at the corner of Manchester Avenue and Manawagonish Road be eceived and filed and retained by Council in the event of a further application, namely: - letter from the Planning Advisory Committee, dated May 16th, 1974; a brief from the anaf;agonish Area Association setting forth the objections as. compiled by the Executive on ehalf of the Association; the objections of the.owners of land.within 300 feet of the property n question; the originals of the opinion survey conducted in the-immediate area affected, igned by residents of the said immediate area; letters expressing objection to the proposed e- zoning and the Rocca GRoup's proposed development of this property, from Mrs. Laura Colpitts, rs. Ethel Miller, Mr. William Connor, Mrs. F.L.Cochrane, Mr. Vernon R..Brien, Mrs. Sylvia ilver, Mr. John C.NOzddin, Dr. D. F. Maynes,Mr. J. Levine, Mr. Joseph W. Kelter. Councillor Gould noted that a delegation was presented from the residents of this area A�pr ho oppose the Rocca Proposal for this property, and he felt that the delegation should be,,, eard at this meeting of Council in the matter. '• Discussion ensued between Councillor MacGowan and the Mayor, and Councillor MacGowan Asked for an opinion from..the City Solicitor as to whether the re- zoning matter is legally, efore.the Council (having regard'to the withdrawal of the application by the Rocca Group s noted in the firm's letter). Mr.. Rodgers advised that this item commenced through an pplication coming before the Council from Mr. Rocca. .:which is now being withdrawn; as a result of that application,;.:the- Council took the necessary steps to have a-public hearing towards proposed amendment to the Zoning By -Law; with the application withdrawn the Council, if it o wishes, may proceed on with the public hearing and i3ote on the re- zoning and enact the �I e 94 law if it so wishes, even with the application withdrawn, or,.defeat it, or the Council can, in the circumstances, now that the application is withdrawn, cancel the public hearings, and if the application comes back before Council, the steps will be proceede throught again authiz authorizing to advertise for a.public hearing, a date set,7.and voting on the by -law at that time; even if a decision is made by Council, now that the application is withdrawn, to cancel the public hearing the Council -if it so wishes c can still let whoever it wishes to apeak at this public hearing, but those-speaking should realize they would be apeaking in .a vacuum'at this time if the Council-decides at this time not to proceed with the re- zoning. He stated that the Council can go in one of two directions: -'it has the public hearing with the intention of putting the by -law amendment - even if it does not have to vote on it the Council can vote on it if it so wishes, and only two readings can be given.on it because the report.from, the Planning Advisory Committee is not in -so, the Council can proceed in ' that direction if it wishes,'as if the application was still before it;or, with the application withdrawn, the Council can also proceed in the direction of making an announcement that the public hearing is cancelled.. Councillor'MacGowan noted that it is not a matter of-voting on.hearing the delegation, but of voting on.cancelling the public hearing. 'Mr. Rodgers stated it was his-feeling that a motion to cancel the public hearing would be proper. The Mayor stated that he would take the motion to recei*e and file the Rocca letter as'having disposed of the application by Mr. Rocca and.that there is now nothing before the- Council. He stated-that with the motion the Council has for the related corres- pondence it is normally, the Council's practice to invite people at any time if they have a written application to add something to it which is not contained in the submission, and he ' thinks that is the direction it -is taking now; he feels, however, that the item is not before the Council officially. On motion of Councillor Gould Seconded by Councillor Murphy (T RESOLED that the delegation'be heard. A Dr. G. E. Lund, President of the Manawagonish Area Association, representing the delegation which was present at the mee_ting,advising that these residents in the areas mentioned in the brief, are very upset over the withdrawal of the Rocca application. He • asked if it was the Council or iir: =Pat Rocca_(who stated'.that he"did not have sufficient p� C} time to finish the.plans for this project) who asked to have this item before this Council.. The.Mayor particular meeting of replied that on the application that appeared before-,Council the only motion that was passed after consideration was that the entire matter e•advertised' and the date chosen for that hearing would be May 21st, so that,'in any event whether Mr. Rocca has plans in or out, May 21st is'the date set,for the public hearing d/176W'&W of Council. Dr';. Lund stated-that at the meetingwith Mr. Rocca on May 13th at the Holiday Inn �P-AaH he believes the residents made it clear to Mr. Rocca and his group that the citizens in 'j7 eni the Manawagonish Area Association were opposed to the re- zoning of that property for commercial development and they made At clear that they were not concerned whether he D puts a certain number of trees or fountains in front of that shopping center they are still opposed to the redevelopmentof that shopping complex; no matter what changes are made within that complex, they are absolutely opposed to it now just as strongly as theywere when it e b�$ ^ ' started - maybe even more so - and they are going to be opposed to it in June of 1974 or A4V`j2f__0/.6a" whenever it comes back with re- application for changes in zoning for'that particular area of land. He-noted that there was'a press release-on May 13th from the Rocca Group Limited ddd concerning the'matter of traffic which states that a traffic survey will be completed by the first week'in June - which is probable'be,tween three and four weeks to complete a traffic survey. He stated that the'only meetings the Association is going-to have now with Mr. Rocca in the future are meetings.concerning alternate proposals to the development of tgatland; they made it quite clear that any future,meetings regarding'ch'angifig the complex would not really_be "af benefit to' ,either Mr. Rocca.or 'the Association; they are quite willing to m y eet with-Mr. Rocca at an time in the future if he is willing to come up with some alternata.te proposal regarding the development of this land'.. He'stated that his purpose in speaking at this time was to re- affirm the position of the Association in the matter. He stated that i:n:his own personal opinion, the Rocca application is withdrawn, temporarily. He stated that the Association is entirely against the re- zoning of that preperty for commercial development, and, at a later date, they will explain their reasons when they • "have an opportunity to do so. 'The Mayor stated that the Council appreciates the position of the Association and that he hoped they appreciate the position in which the Council is placed: it has not been possible for the Council at all to consider the merits pro or con because it has received nothing except that which it has heard through--the press and the media and on occasion of 'a public hearing; the Council has to wait until it has something definite in writing before it can take a stand on it, one way or the other. Dr. Lund stated that they appreciatethe Council's position but they are disturbed by the fact that there is nothing before the Council regarding the Rocca proposal, and he himself was upset that something was not presented to this meeting of'Council by the Rocca Group. ' Councillor Par'fi'tt stated it is her understanding that the Association is only objecting to the commercial development, and not to the housing for the site. She stated that she has heard that the New Brunswick Housing Corporation wa 4t�inkngof- pu °a¢img up : -: -? 'public housing there, and she asked if the Association would object to public housing of over 1,000 units for family housing. Dr,' Lund stated that he does not believe he should answer that question at this 'time, not having given thought to that type of a proposition, and that he believes the Association is not opposed to leaving that'-area zoned as at present, for single- 'family or' for senior' citizens, and: this type of housing. The Mayor assured Dr. Lund that if the application comes back and the Council ha's something in writing, we will all have 'it.• , On motion of Councillor Murphy Seconded by Councillor A. Vincent RESOLVED that Mr. Sohn Rocca be permitted;to speak. Mr. John Rocca, in reply to the statement made by Dr. Lund that the citizens of the /! area are upset because the Rocca Group has not made a presentation, pointed out to Dr. Lund and the citizens of the area that the Rocca Group did not raise the question of the traffic and did not ask for.the.amendments.to the plan; they said to Dr. Lund and the citizens of t • the area that they were prepared to come to this meeting of Council with their proposal and ere prepared.for a.vote of Council; they were not and are still not concerned about traffic - it.is the citizens of the area; he finds it surprising that the Rocca Group can e accused of being unfair and people can be upset because the Rocca Group is trying to give evidence about things about which the people of the area are concerned. A It was noted that MR. Ralph G. Thompson, President of the Red Head Property Protective Association, had-- .submitted a letter, dated May 16th, 1974 advising that epresentatives of the Association met.with Shelter Resources Limited and the City staff embers as suggested by Common Council regarding the "planned Development" of land known as Harbour View Sub - division, and that the answers •thay received were not satisfactory to the Association,._and that depending on the report to be submitted by City staff to ouncil in this matter, an interview is requested with the Council in this matter. fOn motion of Councillor Murphy -JJ" Seconded by Councillor Cave 'Vs 0% RESOLVED that Mr. Ralph G. Thompson be heard. Atefl , e.,Vdr Mr. Thompson stated that the above noted meeting with Shelter Resources was attended sg y a member of the Common Council and that the differences were not resolved and the � b� ssociation would, at this time, like to have the answer to the questions-it put at bb he Council meeting held on April 22nd., When asked by the Mayor if he has received a RSSOC, opy of the May 17th, 1974 report to Council from the Acting City Manager for the City taff in this regard, Mr. Thompson made negative reply. The Mayor asked that Mr. Thompson 5160j* e supplied with a copy of the said report and that he peruse it, and possibly following his ' Rd$ es eview of it the Council would still be happy to meet with him, once he has perused it. r. Thompson stated that would be agreeable - however, he asked that the Council at this ime hear Mr. Lino Celeste of Kent Homes. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that Mr. Lino Celeste be heard at this time. 95 Mr. Celeste stated that he represents Kent Homes which is the arm that has a develop - ent in the area in which Shelter Resources Limited are developing; out there is a develop - ¢114P ent developed by Traders R @aloty under an agreementtwith the City of Saint John signed in • Ir �/ h ay of 1968; Bay Real;'ties (which is the land - holding arm of Kent Homes) purchased 100 lots in this sub - division from Traders'Real,.ty with the understanding that they would be built r4awEl"S on and developed in' accordance with an agreement binding on both Trader hs Reality and the �j�� , ity; over the years, they have had quite a bit of difficulty in that /)deed Head Sub - division as been difficult for them and for the .residents who are in the sub - division now - there ��,were long, outstanding feuds between' the City staff, Kent Homes and Traders Real,.ty that he area was not up' to standards, that the City had not accepted the sub - division; he elieves it can be verified with; -the residents of the sub - division that Kent Homes had to ook up their. own water and sewerage because the City would not issue permits for tapping "nto their own lines - it was the company's responsibility because the sub - division was of up to standards; both Kent Homes and Traders Realty_, tried many times to get this matter resolved with a limited amount of success; /HR'til last fall they had no success at all - then they found, Overnight, that the sub - division had been approved. He stated that he wished to ring to Ike attention the fact that-the City has allowed a 'developer to go in a pick up ' 1968 agreement to develop- - =.a sub - division - in that agreement, there are certain things binding on both parties - we now find that the City has taken those things'that are beneficial to he developer, and left them in effect - those things that we're not beneficial to the developer ave been waived in the agreement to the detriment of the sub - division that is there now; Cent Homes find this most unfair and they also find thereis possibly some loss of advantage to the City in that there is a huge block of land to be deededto the City as a school lot pelled out in the agreement - the land was never conveyed — there is no provision in the agreement for it being conveyed - there is not provision in the agreement that the lot can e sold to the developer fro one dollar after 100 lots have been developed.in the sub - division. e stated that Kent Homes would ask..the Council to consider why the lot was not, first of all, onveyed to the City and that the said school lot is now in the hands of another developer hick makes it impossible to convey it to the original developers after 100 homes have been occupied. • Mr. Celeste.referred to the proposed development as a "planned development" and stated hat Kent Homes cannot speak with any degree on� that as to whether it is good or bad. He uggested that-we-should first of all give consederation to the people who have been residing here and who have invested there.and:who have been trying to do something-to .`that area. He Felt that to now take away in favour of a new development, hinder the people who are there, is njust. The Mayor noted that MR. Celeste was arguing the merits of a case with which the ouncil was not familiar, it having been received only with the correspondence before Council. e suggestoRd that the proper place to go into this detail is in the meeting requested by Mr. hompson,, /which case we would have an opportunity for Mr. Celeste and other interested citizens o review this matter as provided in writing to the City staff, and to present their viewpoint A:greater detail that time does not permit at this time. Mr. Celeste replied that he would ' e glad to do that and stated that the only reason it was brought out at this time was there as some degree of urgency; bearing in mind that the developer is out there working and is ouring concreter and if ther is going to be any change, people should not be'permitted to go head with terribly expensive items, The Mayor stated that he is advised by the staff that here are some legal interpretations and there is a basic difference of opinion on some key oints and he would think that the Acting City Manager can, and will, arrange a meeting as oon as possible in order that we can go into the merits of Mr. Celeste's representation ore fully; at that time, we would welcome the opportunity to have Mr. Celeste come back to ouncil once his case has been fulle explained and the Council'has more information than it has ' at this .time. He stated that additional copies of the said letter from the Acting City Manager an be provided , to -Mr. Celeste-whose 'information , maly be more up to date than the said letter, nd.he felt that an early meeting would help to up -date even this - information for the benefit f Council. (10li�1L'�l /OPT Councillor Cave, who was concerned about several- aspects of the proposed "planned C07ve evelopment by Shelter Resources Limited, stated it. was, his desire�to attend the forementioned meeting that is to be held regarding this development. • Councillor MacGowan asked idr. Rodgers if there is anything the Council can do at this ime to stop the development by Shelter Resources Limited. The Mayor replied that, certainly, i�n view of the fact that Mr. Celeste has opened up new,problems and in view of the fact that meeting is'going to be held all the Councillors will be contacted•to invite them to that riheeting and when we know specif.ically what the objections are, then the City Solicitor will l�e in a better position to give the Council a .legal opinion. In reply to Councillor MacGowan, aM Mr'.' Rodgers stated 'that the only knowledge he has o-f this matter at this time is a recent meeting with Mr.. Celeste and his'soli.citQr. pertaining to ,certain. clauses in the sub- divisior� agreement that goes back to 196.8 - certain clauses dealing With the. rfgh;ts of the developer under that agreement; the con didtions that are taking place. at this time - whether the developer,' Shelter 'Resources Lim'i'ted or anyone. else, for that matter, is in violation of our laws he does not have nay information on that, at this time- . 1' _ In summary, the Mayor noted that the Acting City Manager will be in touch with Mr. Celeste and Mr. Thompson about an early date for a meeting and the Council will be advised. On motion of Councillor Murphy BJjlr(Ill�� Seconded by Councillor Black RESOLVED that in accordance with the recommendation of the, 9 Acting City Manager, approval be granted of Amendment Number 22 to the Agreement between P/'Ox the Province of New Brunswick and the City Of Saint John, dated August.31st, 1971, which facilitates the method of'claiming the indirect cost allowance of ten per cent on the Agreement projects, and that the Mayor and Common Clerk be authorized to execute the said amendment on behalf of the City. On motion of Councillor A. Vincent , Seconded by Councillor Murphy yys /t RESOLVED that as recommended by the Acting City Manager and the Assistant Director of Works - Operations, Warnock Hersey International Ltd. P�7 JOhS — be hired for the 1974 season; to continue their inspection.programme.on the City's asphalt %•� product, and to provide the City with daily information on these inspections, with the 1973 If fee schedule of the said company being maintained. d!/arno�ckr�i/ _ .GOI�i°�oy /O�Ac7 Councillor MacGowan stated that she wished the commentsshe' had made before were included, about the use of'•oil in the trucks in which the asphalt is transported and • which affects the quality of the asphalt when reaching the dumping point - she hopes that the inspection will include checking these trucks to make sure that not too much oil is being.used -_she received a report, but shewould like that included in there, that the inspectors will be checking-on the, amount of oil that is being used in -the truck. The Mayor-re plied that he is advised by Mr. Barfoot that that is _their normal duty from day to day and that he will see that they continue to do so; that is, it is the inspector's duty.to do this. The information was not on hand at this time to answer Councillor Murphy's query.,regarding the cost of hiring this firm. On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that the letter from the Acting City Manager in reply to the request made by Councillor M. Vincent at -the April 1st meeting of Council for a- repor.t concerning flooding on Ian Street due.to the property landscaping being below the level..of the street, and also noting that the Council on April 22nd tabled a recommendation for payment of amottnts due under a sub - division agreement to Scot °t Bros., Ltd, in the J same area, pending a report from the Acting City Manager and the City Solicitor - advising „[aye st that following an investigation by the Works Department, a meeting was arranged by the Jity Solicitor with Scott Bros., Ltd and their solicitor and at that meeting the said company �+COL'� NO.� (the developer) agreed to install the catch basins necessary to correct the drainage problem, as confirmed in the submitted letter from the developer, and that permission has been given ��� ¢ by the Works Department to proceed with the installation of catch basins, and further stating that.the current problem is therefore being resolved, and all parties are now aware of their aiC`i;'w" s respoftsibilitie5 for proper drainage in the sub - division, be. received and filed.;:.-: Councillor M. Vincent noted that in the above correspondence is the information that Scott Bros.,Ltd. has agreed to install two catch basins on Ian Street, and he asked if the City staff can give assurance that these catch.basins are going to resolve the problem there* r. Barfoot replied that there are four houses ther, two on each side of the street; this ill resolve the problem that exists now; the developer is building up -that land at the resent time and he is being made very aware of his responsibility to drain out on to the treet and his - responsibility, by installing these catch basins, of correcting any problems that do occur,in the future; in his won opinion and in the opinion of the City staff,these catch basins are going to resolve the problem. In reply to Councillor MacGowan's question s.to how the developer is becoming responsible for these catch basins, Mr. Barfoot stated that it is part of the.sub- division agreement. 'c��ail/lo�r G'l�fela h Councillor 2.SacGowan.attemped to discuss at this time the flooding situation in the O s�� reendale Sub- division,.and was declared out of order by the Mayor. Councillor MacG, 'A d� tated that she wanted to.ask about catch basins there, The Mayor asked that she bring fThfGP.i76�e+7 this item up in her own good .time. On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that the letter from the Acting City Manager advising hat because of a relatively light winter this year there are sufficient funds available to Se S urchase an additional street sweeper this year, andrecommending that-tenders be called for T_ ne - additional vacuum type street sweeper immediately, be.received and filed and the recomme tion adopted. f9%1.9u6 f4ri z VeoveGf S6dm3pBp' : ;r Councillor A. Vincent asked that the staff study the possibility 6f providing from he 1974 budget two additional - street sweepers of the vacuum type, and submit a recommendation n this:,,regard-to Council. On motion of Councillor Murphy . Seconded by Councillor Green RESOLVED that the letter from the Common clerk, advising • hat when the City of.Saint John took over maintenance of for<'mer Provincial Government oads, there were four,railway crossings (namely:- Gault Road and CPR .mile 4.58 McAdam ub- division; Acamac•Back Land Road and CPR mile 6144 McAdam Sub - division; Ketepec Road nd CPR mile 6.94 McAdam Sub - division; Kennebecass Park Road and CNR mile 81.38 Sussex ub- division) with cost sharing of maintenance of automatic signal protection between the . r P ,6 Seconded by Councillor Green RESOLVED that the letter from the Assistant Redevelopment Provincial Government and the Railways, and that agreement was reached between the Provincial G'G'OS�tYy®� Government and the City for the maintenance of roads which also included one -half the annual • S� maintenance costs of these crossing protection signals and have been paid for the past two years �/s the approximate cost of each crossing being $125.00, and that the Railway Transport Committee is of the said consultants, dated April 17th, 1974, be received and filed.. now requesting that these document's be amended to apportion-the percentage of the cost of Counci110i Gould asked if the above figure was not to be covered by the consultants maintenance to the City of Saint John, be received and filed'and authority granted for the that the City engaged the consultants to carry out these responsibilities, which they did, Mayor and Common Clerk to execute the said documents on behalf of the City of Saint John. at this time that the bill is from the consultants, Peat, Marwick and Partners. Councillor On motion of Councillor Murphy Gould.felt that the City paid the consultants for recuiting a Chief of Police and now we are Seconded by Councillor Green RESOLVED that the letter from the Assistant Redevelopment Seconded by Councillor Higgins �q RESOLVED that authority be granted for payment of the third n'terim invoice from Peat, Marwick and Partners in the amount of $955.00 for professional o fees incurred during the curse of a search engagement on b'ehalf of the City of Saint Johm J /o0B for a Chief of Police in the period March 1st to 31st, 1974: AP/ AND FURTHER that the accompanying letter from Dr, John Renner, Consulting Psychologist e2 of the said consultants, dated April 17th, 1974, be received and filed.. 'O'N 3'0h Dr' Counci110i Gould asked if the above figure was not to be covered by the consultants regarding Dr. Renner's services - in other words, is the City paying for it twice. He noted ' that the City engaged the consultants to carry out these responsibilities, which they did, and now we-are getting a bill direct from Dr. Renner. Councillor Gould was given assurance at this time that the bill is from the consultants, Peat, Marwick and Partners. Councillor Gould.felt that the City paid the consultants for recuiting a Chief of Police and now we are -, paying them again for the work that Dr. Renner did. He felt that, in the selection process, the consultants should have been using Dr. Renner as their guidance. On motion of Councillor Murphy Seconded by Councillor Cave RESOLVED that authority be granted for payment of the • ��� nter.im invoice from Peat, Marwick and Partners in the amount of $1,075.00 for professional ees incurred on behalf of the City of Saint John duffing the search for a City Manager for ��nn skepch 7-oa' the City: AND FURTHER that the covering letter dated April 18th, 1974 from Mr. Peter Cossette, Director of the Executive Search-Division of the above named consul- tants, be received and filed; On the question, Councillor Kipping pointed out that despite a statement made two weeks ago from a Council meeting that we could save the money being paid to the cous7lltar.ts in their search for a City Manager by confirming the Acting City Manager in the position. Now there' is in reality, no way the Council can do so since the money has already been spent, as this invoice proves, and it is only to March 31st; he further pointed out that we are wasting ".* the money if what was said then, and was quoted in the news media, is true- that is, that "we all know that we are going to appoint Nick Barfoot anyway, the same as we knew we were going ' to appoint Eric Ferguson as Police Chief." Councillor Kipping stated'that he wants to be on record as being very much disturbed that such a statement could be made and apparently passively accepted by this Council; he did not have an opportunity, at that moment, to rebut it, but in no way did he know that the Council was going to appoint Eric Freguson as Policr Chief months before it was actually -done - the Council interviewed all the candidates and selected the best candidate - it happened to be Eric Ferguson - and in no way does he know that the Council is going to appoint Nicholas Barfoot as City Manager, and although there have been publiv statements to this effect by several councillors, nevertheless, it simply is not a fact - the Council will interview the candidates and his only fear is that the Council may be putting them through somewhat of a charade in that we bring them down here but sufficient numbers of the Council may be so dedicated to our Acting City Manager ( and he is not casting any aspersions on him at all) ... if we are going to really search for the hest man for the City Manager's position he feels that the Council should be doing it. He stated that for this Council to make that appointment after the statements have been made public• • ly is to deny everything that the Council has tried to do and it simply makes it look as if the whole thing is, indeed, "cut and dried" by this Council and that the Council is going through the charade he mentioned before, He stated he believes that this Council should not make this appointment and that it should be left to the incoming Council if for no other reason that we are so close to having a new Council. Councillor Murphy noted that Councillor Kipping tried in Committee of the Whole to make this point and he was voted down, and this Council said it wanted to proceed with the appointment of the City Manager, He stated that he himself still believes that this Council should proceed regarding this appointment. He noted that if the Council had wanted to save -money, as he believes itwas said originally that the Council ' cott1d have saved money, had the Council made the appointment by name selection it could ahve saved money, but it is too late now; we have gome into the procedure now, and, naturally, the Council members have to; -with an open mind, assess the applicants for the position; nevertheless, he feels the Council could have saved the money has it taken the action before engaging the consultants. On a point of order, Councillor Kipping stated that -the point of order relates'-to the Committee of the Whole report.which is on the agenda of this meeting (from the May 6th, 1974 Committee of the Whole meeting) and has a relationship.to the item now under discussion �}pt /� /�l�'+ because it deals with the matter of the appointment of the City Manager,and he would not feel, in raising, it at this time that, he was. breaking any confidence.. on the Committee of the Whole 'dl✓t'i6�9 meeting since Councillor Murphy has already mentioned that the matter was discussed in Committee Committee of the Whole. He stated that his point.is - why is it not being reported out in the �qpje %��O of the Whole report from the May 6th Committee of the Whole session, -at this time, The Mayor agreed that this is a valid point of order, Councillor Kipping explained that what is not being reported out is the matter of whether this Council should make the appointment or not was voted on and, as Councillor Murphy stated, Councillor Kipping's stand on it was lost by a vote of five to four on May 6th in Committee of the Whole- it is not being reported out in the Committee of the Whole report from that meeting, which is on the agenda of this Council meeting as an item, and he would like to knnw why. The Mayor stated that.Councillor Kipping's, question can and will, and it should be,.answered,_and.he will be given an opportunity. to raise it in association with the Committee of the Whole report item in question, that is on the agenda. On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that the letter from the Assistant Redevelopment 98 7i a(er,icrrpeA �e10�lO� � /.OYI �6S�yt�est_ iS,7�o -Kryy /ao �Tolir/ F1ooes'�. C'va„►ti�i`ee "ale " s ///" 4 Se.4001 Si°iB� �I7� sTC.�ys�! T iiior �a�i� S.T.,CiOh�s C 167d 'Ve4 /C 9L c-?jz�, /vwaim�w, Officer, advising that at a tender opening meeting th.e low bid of ,John Flood & Sons (1961) Ltd. in the amount -of $4,287.00 was accepted for-the demotion of 46 Smythe Street and 15 Drury • Lane, be received and filed and the action confirmed. Read report of the•Committee of the Whole (as follows)- To the COMMON COUNCIL of the City of Saint %4ohn The Committee of the Whole reports `I our_Committee.begs leave to report that it sat on May 6th, 1974, when there were present Mayor Lockhart, Deputy Mayor Higgins, and Councillors Cave, Davis, Green, Kipping, Murphy,.MacGowan, Parfitt,.A. Vincent, and M. Vincent, and your Committee begs to submit th� following report and recommendations, namely: - 1. That the City grant the sum of $200.00,to help defray expenses that will be incurred by the Barnhill'Junior High School Steel Band.in perfording at the Tulip Festival in Ottawa during `the period May 17th to 22nd, next. 2. That the City grant the sum of $200.00 towards expenses that will be incurred by the Saint John City Schools Junior Band from May 10th to 12th next when the Band takes part in an exchange concert programme with the Joseph A. Leonard Junior High School Band in Old Towi, Maine, U.S.A. 3.. ' That in accordance with the recommendation of the Acting City Manager, the offer of the Saint John Lions Club to provide $15,000.00 for the purchase of a second Rescue Vehicle be accepted with thanks and with the understanding that this vehicle will be used as a standby incase of the loss of the existing unit for any reason. 21st May, 1974 Respectfully submitted, Saint John, N.B. (snd.)Thomas J. Higgins, • Chairman On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that Section 1 of the above report be adopted. On motion of Councillor Murphy Seconded by Councillor A. Vincent RESOLVED that section-2 of the above report be adopted. On motion of Councillor Green - .Seconde.d.by Councillor Murphy ' RESOLVED.that section 3 of the above report be adopted: AND - FURTHER that the above•Committee of the' Whole report be received -and filed. Councillor Davis called attention'-to the fact that in connection with the Canadian Dfama Festival recently held in St. John's, New foundland, six bursaries were given and that two of.these' were won by'Saifit John people, namely, Stephen-Morgan and Andrew Garrod. On motion'of Councillor Murphy Seconded by Councillor Green RESOLVED that the matter of- awards by persons from Saint John at the Canadian Drama'Festival, be included as an item on this agenda of Council. On motion of Councillor Murphy • Secon'ded'by Councillor MacGowan-' RESOLVED that the Common �oundril extend congratulations on behalf of the City of Saint John £o Stephen Morgan and Andrew ron having won awards from the recent Canadian Drama-Festival and that congratulations of the City also be extended to all the cast and to all who participated in the Saint JOhn drama entry in the Festival. A motion was proposed by Councillor Kipping that the item from the May•6th Committee of the Whole meeting relating to the appointment by this Council of the City Manager, be repor out at'the next'meeEing of Common Council. Councillor Kipping agreed with the Mayor's suggestion that this matter be considered in Committee'of the Whole session of this meeting to determine whether , this-item is ready to be 'reported out of Committee of -the Whole. On motion'of Councillor Black` " Seconded by Councillor Murphy' RESOLVED that the letter from the Market Committee, advisag 11642,%ke t that approval has been given for the transfer of Stall'.Number 1, Rack 6 and Counter D -1 with total area 6f'682 square feet) at $2.80 per square feet, at a rental of $159.00 per �DO� T�•� month,from "Mr. Roy J. O'Keefe 'to Mr. J. Cal MacKenny, be- received.and filed and the action 0h confirmed. G !1 On motion of Councillor Green G'oa�as . F�e6�vc°aEoq COPy,�y�t6� %i' Seconded by Councillor Murphy RESOLVED that in accordance with the recommendation of the Planning Advisory Committee -, approval be given for the location of a mobile home by Fredericton Housing & Construction Co. Ltd.(who have been awarded the contract for construc n of foundations for the fuel oil pipelines'at C "oleson Cove with the contract to start almost* immediately and to be completed late in July of 1974) on the J. Dunham property at Spruce Lake for a period of six months. A r 2 01, i� Councillor Davis stated that he assumes that this is the pipeline that goes from Irving /1pF le Oil to Coleson Cove, and that he was wondering if that pipeline was going to use the Harbour;; W_ py O/ V Bridge, and if it is, that perhaps the fee for transporting the oil over the harbour bridge would be sufficient to withdraw the tolls from that bridge. He asked if the Council could rO. keep control of this situation. The Mayor pointed'out that this bridge is the property of the Federal Government and stated that he would suggest.that if this was the position that Councillor Davis immediately contact his Federal representative. 6?&Zvei /0ev ./7 -?v4s Mono. Advvi ��%Gp70D9• On motion of Councillor Cave Seconded by Councillor Murphy RESOLVED that the letter from the Planning Advisory Committee submitting a review of those area which :are currently classified as "P" park zones under the Saint John Zoning By -Law, and submitting recommendations in this connection for re- zonings, Municipal Plan amendments, and acquisition of certain lands by the City to enable the Parks and 'Recreation Department to further develop certain park sites, be laid on the table for two weeks to enable the Council members to study this report. On motion of Councillor Murphy ' '09.rslawe 2�0 Seconded by Councillor Black RESOLVED that as recommended in the letter dated May 17th, 1974 from�the Planning Advisory Committee,.the Common Council give its assent to the jV sub- division plan which will be required to be approved and filed for the proposed town - � � housingdevelopment on McLeod Street by Woodside Park Ltd. ( a. subsidiary of Manford M. Thompson Construction Company Ltd.). yty�_�jd On motion of Councillor Murphy Seconded by Councillor Gould 1.0&d �vpj�y RESOLVED that the portion of the letter from the Planning • �¢� Advisory Committee, dated,May 17th, 1974, which refers to the closing out of the portion of cLeod Street east of St. Anne Street and the selling or deeding of same to Woodside Park Ltd. on._the.condition that the company make adequate provision for.access to the properties on e either side of McLeod Street at-its intersection with the easterly side of St. Anne Street, e referred to the Land Committee., On motion,of Councillor Murphy Seconded by.Councillor M. Vincent RESOLVED that the.petition from residents living on Rai -1107 anawagonish Road who are very much concerned over the excessive use of this street by transport JAy pulp trucks, gravel trucks, oili- tankers and the increasing amount of traffic in general, and �''I � who note that the 30 -mile per hour speed limit is hardly:ever maintained by motorists, and W oJf ho advised that on May 14th last 78 trucks travelled on Manawagonish Road in the period from .55 p.m, to 3.25 p..m. which gives an idea of the number of trucks which travel over this 5�64fW37 oad in a 24 -hour period, be referred to staff for a report and recommendation. Councillor A. Vincent pointed out that when we met with the Provincial authorities and so n, we knew that the above situation was going to happen,' but we need Rodney Terminal badly, and that is why these trucks are travelling over these streets. The Mayor noted that we made ✓ commitment and we are keeping our end of the bargain even though it is causing a great deal Tip %per/ f discomfort and inconvenience to the residents;however, it is clear as a result of representations that we have had and checks that we have made that the vehicles are over - loading n , as much as two - hundred per cent and that they are not keeping up with their end of the bargain; he City staff has been most co- operative and that co- operation has not been reciprocated; he thinks that the report that comes in will give this in greater detail. He added that we not omplaining over the fact that we have to do this'job'- there is no question but that some of he trucks are violating all the laws possible: " rpwc- / Councillor Green asked that while the staff is investigating the above matter, they !� lso check on the traffic- especially the heavy traffic, the truck traffic - that is coming Apr{ G' ff the CP Ferry and is proceeding up Dufferin Row, and along Lancaster Avenue and Main Street _:P j;p;fc nd out along Manawagonish Road. He asked if it could be directed to use Harding Street and on dq o Fairville Boulevard and so avoid traffic congestion and heavy traffic on those other streets. m,W,,r,f/, he Mayor noted that the Bolice Department will investigate - this: point. On motion of Councillor Black J Seconded by.Councillor Murphy RESOLVED that the letter from Councillor Cave advising that ye a has been requested by severAl residents of Douglas Avenue to permit parking on this street n summer months, and that he therefore requests the Council to ask staff to submit a report on he feasibility of permitting this practice, be referred to the staff for a report. !• 41 F%p-e ?rte On motion of Councillor Murphy Seconded by Councillor Gould RESOLVED that the letter from the'National Research Council f Canada in reply to Common Council resolution of April 8th, 1974 which brought to that I ouncil's attention the fact that the Common Council strongly endorses the policy of automatic prinkler systems in all high rise buildings and petitions the National Research Council to ncorporate such regulations into the National Building Code, advising that he will bring the aid resoltion to the attention of the Associate Committee on the National Building Code that as appointed by the said Research Council and that he is confident that the Common Council's uggestions will receive thoughtful consideration, be referred to the Fire Chief for his ;,S�nformation and for any futher action. �� Gdiie� On motion of Councillor A. Vincent Seconded by Councillro Gould RESOLVED that the Acting City Manager be asked to confer ith the Fire Chief regarding the suggestion that the services of the Fire Chief be offered to he National Research Council in the capacity of a member of that-Council, and to then forward letter to the National Research Council making such offer. too /AAe/7 RAW 6?OV-17. Fc�� �011* �i ore �e�t S% AMA C'/iese 70154 P34" 'bpi d&A5V0 mat► /g /•w A&W kilts Co. 14d 195'R,f"Vied .aria 0404e C49mr"+ �'is�ier/9 isse /�tVF �0l7 e - y. Avesi iii .wti li� �/iv&"p, S.A. LdM?~J*le/gl/ /Fgai/ MffNe -A-1 ervoss -Avwlk XOOC SZz F" Ave prihee St-. aor, S.//T4&e.-fcil 0-30 ci(lOiy/BJ7 free S 2 CO/1S'tl�see'Z�/ b i7 G��l Oh aMeAe/7- A- z' U� /' d C/7dCh _The Mayor noted,that the Fire Chief has had several meetings regarding the recent fires which have occured.in the Wall- Garden -Hazen Street area, and he asked that the Chief at this time make a brief report regarding-­ what- the City is doing with respect too representations to other levels of government, and what action we are taking. Mr. Clark advised that a meeting was held this morning with the Deputy Fire Marshal'„ and the Acting City Manager in regard to what they consider t.o be a serious situation in that part of the city and from that meeting.he believes that the Acting City Manager contacted the necessary agent of the Provincial Government regarding the provision of faster response for demolition of the vacant properties because of the throughway; also, the Fire Department was authorized .to put on firepatrols which will be starting this evening in this area in an effort to curb the present situation; Mr. Calhoun of the Department of Highways has'been very co- operative and has assured the City that prompt attention is to be given to this demolition question the demolition company commenced today at moon on demolition of the properties that were involved in last night's fire. The Mayor, in summary, stated that we want to let the citizens know that we are proceeding on several levels, that we view the matter with great concern, and have 7given high priority to it.. Councillor A. Vincent spoke in commendation of the Fire Chief .and the Fire Department personnel in-their fire - fighting efforts last night and on saving St. Paul's Church on Wall Street from catching fire from the blazing building in this vicinity. On motion of Councillor Murphy ' Seconded by Councillor Higgins' RESOLVED that the letter from Mr: John P, Barry, Barriste'r,* advising.that his client, Mrs. Henriette•Jacobson of.New York City, U.S.A. is the owner, along with the Pearlglow Products Company Ltd. -which she inherited from her late husband,.Joseph Jacobson, of the freehold land and building situate at 185 Riverview Drive, Saint John West; that this property had been operated foa many years by Mr. Jacobson as a seafood plant but it has not been operated for the past several years and Mrs. Jacobson is seventy -four years old and is unable to maintain the property; that the City Building Inspector and the Office of the Fire Marshal of the New Brunswick Department of Labour have notified Mrs. Jacobson that the buildings are ordered to,be demolished as soon as • possible; that due to the f'aat that the City re- zoned this property as a park has made it-impossible-for his client to convey the proper -ty to any prospective purchaser (McCormack & Zatzman,Ltd. were intere'sted.in purchasing the property for a fish business, and , in addition, another party has now given indications of its interest in the property for the purpose of building small dories and other boats of a light industry nature); that he would like to know whether the City ls�now prepared to purchase this property from Mrs. Jacobson, and if not, whether the City is prepared to consider an application to re -zone it back for the purpose ,for which is was originally intended -'be referred to the Land Committee with - permission to proceed to acquire this property for the City if the Committee deems it advisable and to submit the.sai'd purchase to Council for final approval. Councillor Davis felt that :the'City is reaching a•point where serios consideration should be given to coastal properties because we are running out of industrial coastal properties, and there is actually no place to land salmon -, if they are caught in the futu He noted that the Riverview'Drive area is the last piece of beach or waterfront that we �, i have for private development of the fishery type. He feels that the Council should think of taking this area out of the proposed park zone that.-is listed in the Planning Advisory Committee's review of park zones and give,study to it-to be perhaps developed as a fishing industry. He suggested that the_LandCommittee could consider this point. Councillor Gould, - chairman of the Land Committee,. replied that the- Commi.ttee.would do so. On motion of Councillor Murphy„ , Seconded by Councillor Black RESOLVED that the application from A. C. Fairweather & Sons. Limited f.or the re- zoning of 19.81 acres of land situate on the western side of the Ashburn Road, be referred to the Planning. Advisory Committee for a report and recommendation. On motion of Councillor A. Vincent • Seconded by Councillor Murphy RESOLVED that the letter from the management and employees.of.Commercial Equipment'Ltd, of 180•Crown Street, requesting that consideration be given to the installation of a pedestrian traffic light-on Crown Street between the Commercial Equipment-Ltd. and the Evening Times -Globe buildings, of the type that can be manually operated by those wishing to cross the street, be referred to staff for a report: AND FURTHER that the staff be asked to study and assess the, feasibility of placing a pedestrian cross -walk at the corner of Lancaster Avenue and Prince Street, Saint John West' in view of the presence of the traffic island at this location and the fact that pedestria cross in numbers over Lancaster Avenue to reach the Dominion Stores with some degree of risk. On motion of Councillor Murphy' Seconded by Councillor Gould RESOLVED that the letter fromthe Saint John Council of Women advising that this organization strongly endorsed the recommendations for improved safetjy measures in service stationNoperation.• and construction in -New Brunswick as set forth by SaintvJohn Fire Chief Percy'C1'ark,and urges the 'enactment and enforcement of thes measures(listed in the letter)'at the earliest possible time, be received -and filed and the Saint John council of Women be thanked for their interest. On motion of Councillor Murphy Seconded by'Councillor Green RESOLVED that the letter from Mr, D.F.MacGowan, Barrister on behalf of the congregation of Carleton -Kirk United Church expressing the appreciation the Church to the Common Council for the efforts made by the Council with respect to the Church's multi - purpose complex proposed for Saint JOhn West, and advising that the Church is informed by the Chairman of the Municipalities Committee that the Bill Number 29 has passed the Committee as modified by the Common Council resolution of May 6th and with some further other housekeeping modifications, and further advising that he has been instructed by the Church to request that arrangements be completed so that as soon as the Bill has become law, a deed'for the land would be delivered to the Church, and in this regard, the F_ 110A Councillor M. Vincent withdrew from the meeting. L'�.�il �r wog-✓ gy �Gy j Of motion of Councillor A. Vincent Church asks that the Council arrange to pass the necessary resolution or resolutions at its earliest convenience so that the Mayor and Common Clerk would be in a position to sign the deed to the Church as soon as the Bill has become law, be referred to the City Solicitor. Councilloo Murphy, asked, in',view-of the fact that the-Council took the necessary steps throught the Legislature in regard to the above noted matter, if it is not felt now that regarding any other legal expense involved, that is, with regard to the deed - thattthe Church should prepare the necessary deed and submit it to Council for approval. The Mayor f� f� AP, stated that there are other legal problems, which is why the matter is being referred to the 6i City Solicitor. He noted that the City is awaiting receipt of the legislation to see what �pet,�py exactly gets passed on order that the City can consider tis position. Councillor Davis and the Mayor noted that there should be certain safeguards concerning the proposed transfer of �a`D�aJ r this land. Councillor Black withdrew from the meeting. On motion of Councillor Higgins Seconded by Councillor Green RESOLVED that this meeting continue, in legal session. ' LEGAL The Mayor advised that the Board of Governors of the University of New Brunswick wish to inform the Common Council that the Province of New Brunswick paid $230,000.00 to the University for the land on University Avenue for a hospital site and the stipulation was that the University buy and equivalent amount of land, which it did, and paid $90,000.00 for it. On motion of Councillor Murphy lm y� Jmlow 1" �Ls Seconded by Councillor Gould RESOLVED that the _`Cie :__. y of Saint John respectfully /� �d �i request the Board of Governors of the University of New Brunswick that the sum of $140,000.00 • representing the difference between buying and selling prices of land in relation to the land purchases on University Avenue by the Province of New Brunswick and the acquisition by the University of land equivalent in amount to that sold to the Province, be reserved for capital projects at the University of New Brunswick in Saint John. On motion of Councillor Higgins �yya��yLS Seconded by Councillor Kipping RESOLVED that with regard to the property damage claims �lf..CCJJ that were submitted to the City by Mr. James E. Dow of 481 Summer STreet, Saint John West, and by Mrs Jean D. Matheson of 9 Regent Street, Saint John East, Mr. Dow and Mrs. Matheson be advised that the City Thoroughly investigated the matter once again and finds no legal liability on the part of the City and that it is with regret that the City denies their claims. ' AND FURTHER.that the letter from the City Solicitor, advising that he has discussed the above mentioned complaints with the City's insurance company and with the Works Department and that the findings surrounding these claims indicated that there was no negligence by the City or its employees, be received and filed. Councillor Green recalled that six to eight months ago damage claims that resulted fromflooding in the Millidgeville area where the City recently put in a new storm sewer, were paid, and he asked how payment of those claims could be justified and and yet the above two claims are denied. It was pointed out torhim by Mr. Rodgers that the City is denying that there was negligence regarding these two claims, and that no -one is disputing that there was damage. Councillor Green stated that from personal knowledge of the flooding problem experienced by Mr. James E. Dow, this problem at first was one of seepage, and whatever the City crew did to try to improve the situation, it seems to have made it worse • and after that, the water backed up through the toilet and bathtub and so on, and bubbled over,flooding the bathroom and the house floors to a height of eight inches' when he was there. His question is, does this make the City negligent, or not. He stated that he called the Acting City Manager from this particulat home at the time. He stated that the remedial action the City crew took made the situation worse at this house, causing more flooding damage. Mr. Rodgers stated that he has not heard this information before. /L9ir On motion of Councillor A. Vincent L° Seconded by Councillor Higgins RESOLVED that the matter of replying to the claims of '�A9�S ��� �. Mr. James E. Dow of 481 Summer Street,.Saint John West, and of Mrs. Jean D. Matheson of �s ®� 9 Regent Street, Saint John East, be laid on the table until the next meeting of Council and, �� in the meantime, Councillor Green, the Acting City Manager and the City Solicitor pursue this rJ74t matter further. le- a Mr. Rodgers advised that in August, 1972, a Writ was issued against the City of Saint John on behalf of Albert J. Button by Nason & Collier, commencing an Action in connection with the Marsh Creek sewer project and the contract between the City and Gerald J. Ryan Company Limited; the Ryan firm was offering $700.00 while Mr. Button was asking for a couple ' of thousand dollars; the City entered the proper documents in the Court; apparently due to an oversight the insurance company was not notified by the Legal Department or the insurance company says the Legal Department did not do so; it was set for trial for today, 69-.41, May 21st; when he received the notice of the trial he then got in touch with the insurance company(a couple of weeks ago); because of the lateness innotifying the insurance company they refuse to be responsible under the policy; as the result of a meeting on May 17th �7 with the insurance company and their decision at that time, he engaged Mr. John Barry to .0& &Y6?yy represent the City at the trial; the claim is against the City and Ryan Company; in the /Afe� event the Action is not favourable to the City he assumes he willbe coming back to Council for authority to go against Ryan to recover as there is no liability at all on the part of the . City - it is strictly the contractor's responsibility. He stated that thisis merely an information item for Council. He advised that the City has a hold -back on the Ryan V_ _A07 contract to cover the matter of claims, and this claim is one of them. Councillor M. Vincent withdrew from the meeting. L'�.�il �r wog-✓ gy �Gy j Of motion of Councillor A. Vincent 10121 $,T. 6 /ty .�✓ .9/00 C?yne304ej yes �!`7a�rics�.ad Seconded by Councillor Green RESOLVED that with regard to the latter dated May 7th, • 1974 from Saint John City Hall Employees' Local 486, C.U.P.E. advising that Wayne B. Ough has requested the Uniongev°i�woceed with ar'h;itration duii to his displeasure with the decision of the Job", Evaluation / Soar that was conveyed to him on April 24th; 1974, and to the letter from the said Union, dated May 21st, 1974, advising that Helen Tracey has requested the Union to proceed with arbitration due to her displeasure with the decision of the Job Evaluation Review Board that;was conveyed to her on April 24th, 1974, and further advising that this is in keeping with Article 12 of the Working Agreement and-Memorandum of Agreement Number -.1,- Appendix B, and further advising that the Union's appointee to the arbitration board will be-Mr. Fred Hodges, 88 Duke Street, Saint John West, be received and filed and Mr. Patrick Darrah be the City's appointee to the said arbitration board, as recommended , by the Acting City Manager. The City Solicitor advised that he will study the Working Agreement in regard to the above matter and will consult with the Acting City Manager, and if between now and the Council meeting on May 29th they encounter any diffuculty they can come back to Council then; in this regard. On motion The meeting adjourned. ' • • At a Common Council, held at the City Hall, in the City of Saint John, on Wednesday, the twenty -ninth day of May, A.D. 1974, at 4.00 o'clock p.m. present A.R.W.Lockhart, Esquire, Mayor Councillors Black, Cave, Davis, Green, Higgins, Kipping, Murphy, MacGowan, Parfitt, A. Vincent and M. Vincent -and- ' Messers. N. Barfoot, Acting City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, P. Clark, Fire Chief, R. Stone, Deputy Chief of'Police, J. C. MacKinnon, Assistant Director of Works - Operations, C. Robichaud, Assistant Director of Works - Engineering, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, R. Dhar, Supervisor of Technical and Inspection Services, A. Ellis, Building Inspector, D. Carter, Economic Co- Ordinator, D. French, Personnel Officer, C. Nicolle, Director of the Recreaction and Parks Department, S. MacDonald, Director of the Promotion Department, F. Grass, Information Officer, and C. J. Farrell, advisor to the City. The Reverend Kenneth Legassick, rector of Trinity Church, offered special prayers which opened the meeting. n At this time, the Mayor on behalf'of the Common Council welcomed to the meeting a (,.� cm group of seven university students who are part of the group of ten university students � a0� who were selected from various parts of New Brunswick to be employed by the Canadian Red �' Cross Society, New Brunswick Division, through the Student Community Service Programme of the Federal Government to conduct a twelve -week project involving visiting communities in • �� J��� the province in order to evaluate and promote Red Cross services, and to then convene at �G the Red Cross Centre in Saint John to co- ordinate and evaluate the findings of this study group. In wishing the group success in this undertaking, the Mayor added that the Council �>�L® is looking forward to the group's resultant report, in due course. On motion of Councillor Black Seconded by Councillor Murphy RESOLVED that minutes of the meeting of Common Council held on May 21st last, be confirmed. /r Councillor A. Vincent stated that as the meeting of Common Council of May 21st he L6pu0cmOp asked the question of a building permit regarding the Keddy Motor. Inn that is being /.��� constructed at the corner of Main and Simonds Streets, regarding the loid- bearing tests on N / the walls of this building. He stated that today, accompanied by Mr. R. Dhar, Supervisor f Technical and Inspection Services, Mr. A. Ellis, Building Inspector, Mr. Roberts, structural esigner of the project, and Mr. Donald Keddy of Halifax, he visited the site in question, and s a result of today's on- the -site inspection of the project, generally, and in particular, the &W-so '"' asonry load- bearing walls, he is satisfied with the workmanship. He stated ;that he would dp/a /�,S also like to thank the City staff who, he is satisfied, have carried out the necessary y'nspections as required. TD9�9� On motion of Councillor Murphy Seconded by Councillor M. Vincent amely:- RESOLVED that the following resolution be adopted, "WHEREAS the Greater Saint John area is one of the largest tourist destination areas n the Atlantic Provinces; • AND WHEREAS the Tourist and Convention Promotion Department of the City of Saint JOhn- s actively engaged in the promotion and development of this vital industry; AND WHEREAS the District Tourism Officer of the New Brunswick Department of Tourism 0698 esides in Fredericton, while attempting to supervise the Saint John District: BE IT RESOLVED that the Common Council of the City of Saint John request the Provincial overnment to provide a District Tourism Officer, with secretarial help, who will reside in z41 ve ®p'1 aint John with offices in City Hall: ' 7, P- f AND FURTHER that the Provincial Government be advised of the City's view that as the ity of Saint John has only one respresentative on the Provincial Tourism Advisory Council;, a second person chosen by the Minister from the Tourist and Convention Promotion Committee hould serve on the Tourist Advisory Board." In reply to Councillor MacGowan's question as to whether the appointment of one epresentative representing the City of Saint John on the Tourist Advisory Board was made n response to the request made by Council in April of 1973, the Mayor stated that believes ' hatis so, but he does not know if the City ever received an acknowledgement; he believes here are approximately nineteen persons on that Board and the City was only able to get one n the Board after the Council officially asked the Minister for an appointment;'he would ather not divulge the name of the person representing the City on the Board, who, he believes, Ives in the City of Saint John and is a member of the accomodation branch of the tourist ndustry. He addi,d that we feel that the main thrust of our tourist activities comes through ur Tourist and Convention Prmotion Committee and that the Committee should be asked to send n a nomination for the Minister's consideration. Councillor MacGowan, a member of the Tourist nd Convention Promotion Committee, stated that she had not heard of the said appointment eing made and that she does not think that the Committee is aware of it, either. She stated hat she is in favour of it, but she feels the Council should register some concern and • urprise that the City had not been notified of the appointment and that there had not been ,f, o- ny communication with the City by the Provincial Department in this regard, because the and work devoted by the Tourist and Convention Promotion Committee without knowing what i's City's representative on the Tourist Advisory Board is doing or saying on the City's behalf, is not very effective. The Mayor stated that he feelsthe appointment of another person on the �oard who has liaison with the Committee wiil be a distinct help; also, he believes we can °104 _improve communications considerably with the Department of Tourism if that Department would consider the suggestion contained in the above motion. It was noted that no objections were received to the proposed re- zoning in Sunrise • Park Sub - division ( for Sunrise Contractors Ltd.- Mr. Dante Foriere) of an area of about 80 acres lying east of Graham Brook on the northerly side of the Loch Lomond Road about a mile east of Blindman's Lake, and that no person was present to make objection to the said re- zoning. On motion of Councillor Murphy-. Seconded : -by Councillor Cave l�e -xotiin RESOLVED that the. by -law entitled "A Law to Amend the .S'(tpNlSe�'� Zoning By-Law of the City of Saint;_and Amendments Thereto" insofar as it concerns re- zoning ' 45016 -4div an area of -about 80 acres lying 'east of the Graham,Brook'on the northerly side of the Loch ,jAcpp .*s a 0007- Lomond Road abouta mile east of Blindman's.Lake from "RS, -2" One -. and Two- Family Suburban �e�OB°S 4e6% Residential-district to a variety "of areas including "R -1B ", one- family, "R -2" one- and 096 tow - 'family and "RM -1" up to threes- storey•multiple family residential districts, be read a G� thirds time and- enacted' and the Corporate Common Seal affixed thereto. The by -law entitled "A*Law to Amend the Zoning By -Law of -the City of Saint John and Amendments'Thereto ", was read in its entirety prior'to -the adoption of the above resolution, On motion of Councillor Murphy, Seconded by Councillor Black RESOLVED that authority be granted for payment of the �en fourth invoice from Peat, Marwick and Partners, in,the amount of $630.00, for professional 9� i�a0 tOse/'S fees incurred during the course of a search engagement on behalf of the City of,Saint John for a Chief of Police in the period April 1st to 30th,,1974: SCI Chi �Or AND FURTHER that the covering letter, dated May 16th, 1974, from Dr. John Renner, C */eT v7- AO /five Consulting Psychologist with Peat, Marwick and Partners, be received and filed. • �0'S .%D�jy7 �eoivaei'' - 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 /rj Your Committee begs leave to report that it sat on -May 21st, 1974, when there were vov1,,J,,1L/�. present Mayor Lockhart, Councillors Cave, Davis, Gould,Green, Higgins, Kipping, Murphy, vy/IOIe MacGowan, Parfitt, A. Vincent, and M. Vincent,.and your Committee begs to submit the following report'and recommendation, namely: - Aw"e�e Rpi( ,wovid /mil 6V116ea pa;-k 39P7ce /SS die 6!%l�ole 1. That authority be granted for the dxpenditure of $17,000.00 for the supply and erection ' of, fencing at Rockwood Park in connection with*the trailer park - this expenditure to be paid for by a bond issue. 29th May, 1974 Saint John, N. B. On motion of Councillor Murphy Respectfully submitted, (sgd.) A. R. W. Lockhart, Chairman. Seconded by Councillor Black RESOLVED that the recommendation contained in the above report be adopted, and that the report be received and filed. • Read report of the Committee of the Whole (as follows). To the COMMON COUNCIL of the City of Saint John The Commi.ttee of the Whole reports Your Committee begs leave to report that it sat on May 27th, 1974, when there were ' present Mayor Lochkart,Councillors Black, Cave, Davis, Gould , Green, Higgins, Kipping, Murphy, MacGowan, Parfitt,• A. Vincent, and M.. Vincent, and your Committee begs to submit the following repoty and recommendation, namely.:- 1. That Mr. Nicholas Barfoot be appointed to the position of City Manager of the City of Saint John, witli terms and conditions to be negotiated by the Council with Mr. Barfoot. QT�OyO1'¢ yk 1004"3 ,r 29th May, 1974 Respectfully submitted oti�s�J&r7 dj1 Saint John, N. B. (sgd,) A. R. W. Lockhart , ✓ C H A I R M A N ' ri Councillor Murphy advised that he received a telephone callfrom Councillor Gould, who,' because of absence' from the City, was unable to attend this meeting, and who asked him to state publicly on his behalf that he voted for the appointment of Mr. Barf000t and supports him in the position of City Manager. On motion of Councillor Murphy Seconded by Councillor Cave • RESOLVED that the recommendation contained in the above report be adopted and the report b'e received and filed. Councillor Kipping stated that on the basis of his contention that this Council at this stage-in its existence - in fact, 'its last working meeting - and after -some members of , �PPoiai�- �rJ�o'lZ¢ kvow D-e- CYY 1 A A� • • 0 n u 105 Council having made puublic atatements. detrimental, in his opinion, to the proper conduct of a search for the City Manager, this Council should not now be appointing any person to this position, but should be deferring any decision on the matter to the incoming Council. He stated that.on that basis he.will vote against the above motion - no reflection on Mr. Barfoot. Councillor Green felt that.individual Council members have the prerogative if they wish to expressing'support publicly for a certain person for the position and were satisfied with that person even without going any further. He felt that the onus is on: =this Council, having taken on the job of procuring a City Manager, to make the decision and.not leave the choosing and appointment of the City Manager half done. He stated he believes that Mr. Barfoot is a good man and can well fill theposition, and that he is supporting him in this appointment. Councillor Parfitt stated that she entered the hearing of applications on May 25th last with a very objective mind, and that after hearing the applicants answering questions at that interviewing period She has no hesitation in saying that Mr. Barfoot is by far the best. She stated that to those who say money was wasted in conducting the search for a City Manager, they be reminded that it was Mr. Barfoot's.own wish that he enter into competition with others. Councillor M. Vincent stated that he is pleased to be able to state at this time that after considerable discussion and after good judgment Mr. Barfoot has his full support in the position of City Manager. Councillor Cave stated that he disagrees with the opinion of Councillor Kipping in the matter, He stated that he went into the matter of selection of a City Manager with an open mind and he does not want anyone saying that he chose Mr. Barfoot in advance of the interviews. He stated that he gave very careful consideration to the applicants, and that he fieels =that the Council has engaged an excellent man for the position of City Manager who is very interested in the City of Saint John, which is the way it should be, and he thinks that the Council has done its duty. Councillor Davis advised that he voted against Mr. Barfoot, his reason for d6ing so being predisely the same as those who voted for him: Mr. Barfoot insisted, even though he knew he could have been appointed a long time and that a majority of,the Council members were for him - that he be part of a competition; the competition that he has consisted of four other candidates three fo whom wHxa disqualified themselves because they would not work under our system of government, not would they work within the salary range - this left Mr. Barfoot and one other contender who did not really have the qualifications that Mr. Barfoot ahs; therefore, he feels that the Council not only did not have a competition but that, somehow or other, the Council has'been "taken "'by the consultants; he assumes that having appointed Mr. Barfoot as City Manager the consultants will consider themselves as having completed their job, and we will have no recourse; that.does not necessarily mean that he does not consider Mr. Barfoot an adequate or a capable engineer and City Manager - he really does - but he does not think that the Council has fulfilled Mr. Barfoot's requirements and he is certain that the Council .did not fulfill Councillor Davis' requirements. The Mayor replied that, in actual fact, there were foarty -three candidates and the consultants chose a short list of five; he understands that the Council has expressed some dissatisfaction with the short list - however, for record, in simple terms, Mr. Barfoot was the best of the forty- three. Councillor Davis stated that he disagrees - he has no knowledge of the other thirty -eight cnadidates at all - the other thirty -eight were eliminated by the consultants, and the three he was talking about simply would not work here under our conditions- they did.not insist that we change our conditions - they were approached individually by the consultants - they did not reply to the advertisements - they arrived here and immediately asked if we had any intention to alter our system. He felt that the difference of opinion among the Council members is only insofar as the'results of the competition are concerned. Councillor Black stated that during that past year he has observed Mr. Barfoot operate in the position of Acting City Manager and he believes that Mr. Barfoot has had the entire respect of the staff of City Hall and that under his leadershil there has been more work accomplished,in the year than perhaps in several years previously because of his leadership and because of the respect of the staff. He stated that if a vote had been taken prior to the search by the consultants he probable would have voted for Mr. Barfoot, but-he was certainly in favour of a search by the consultants because Mr. Barfoot himself has stated that he would not accept the position unless it was offered to him in open competition, and because he himself wanted to be as sure as he could be as a Councillor that we were getting the Number One top man; if there was somebody better than Mr. Barfoot then he, as an elected Councillor, would be duty -bound to vote for him; criticism might be levelled at the consultants - that is an individual matter. He felt that the forty- ths•ee candidates interested in this position is a considerable number because, upon his.investigation, he understands.that candidates for A position of this nature are quite few and far between; the consultants chose five which they considered the best - for various reasons they were not considered or hired; with the exception of one candidate which he considered was in close running for the position, he is satisfied that after this search and forty -three others applying for the job that we now have the best man possible for the job, and he is solidly behind Mr. Barfoot and thinks that he does a wonderful job. Councillor A. Vincent stated that he observed Mr. Barfoot after he assumed the position of Acting City Manager last year, and, after.three months, he knew that he etas the man to be City Manager. He stated that he publicly voted against the consultants because he has no faith in them; he thought that the Personnel Department -.and it is still his feeling - could advertise these jobs and open the application envelope and the Council could choose the applicants. He stated that he is completely in favour of Mr. Barfoot,for City Manager. Councillor MacGowan stated, that as a.matter of clarification, she feel that where the public may possibly feel.that.the Council had made up its mindshe.wants to go on record as saying that after eight hours of thoughtful consideration on May 25th, a week -end of thought and consideration , and another session on May 27th, she is happy to accept Mr. Barfoot as our City Manager, and she knows that we' .have a man who can do the job, who is honest, and dependable and who will work'well with the staff. Councillor Murphy, speaking'from his experience as a personnel administrator, stated that Mr. Barfoot was not active in the job of Acting City.Manager very long before he recognized in him those qualities which he felt were what the Council was looking for in a City Manager; Mr. Barfoot is not a forceful man, but he does accomplish the same result.in a very mild way, he observed, and he noticed that after Mr. Barfoot became Acting City Manager the City personnel became more co- operative and the Council was kept better informed, and because he is such 106 d1/laiioAT 3M-p- ./ afteGoowm Fiae 1-hes cC�Os /ri 6eo� ) &/Oedside i ..014a9eke- $6wetc %sift ctev44 . /rle.7aad sts S'th ee C/o Si /rla.�go�d St Rre lave CXa $ %Ifg' 6i&63ww; oS4 nX ee` 6tx ���glbreaTj„�,get�x an honest man'.the Council has complete.confidence in him. He stated that.,..therefore, he was one of'the Councillors who spoke out early and said._.he would -like to see Mr. Barfoot appoin City Manager; he recalled that he spoke out on this even before the Council appointed the consultants to look for a City Manager because her ecognized in Mr. Barfoot the qualities the Council was looking for and he saw no need spending eight to ten thousand dollars in looking for an incumbent when we has such a,good one in the City's staff. He pointed out the value of promoting existing employees, because it creates,,al §o,-promotions for other employees, which',: is good for the morale of everyone.' He expresses his gratification that Mr. Barfoot has the appointment of City Manager, and assured him his continued support, if he is -a member of the next Council. Councillor Kipping explained that his position in this matter is in no way a critisim ' of Mr. Barfoot, but it si a critism of the procedure that the Council is following. Question being taken, the motion was carried with Councillor Kipping voting "nay ", On motion of Councillor A. Vincent i Seconded by Councillor Kipping - RESOLVED that the appointment of Mr. Nicholas Barfoot to the position of City Manager of the City of Saint John be unanimous -among the Common . Council members. On motion of Councillor Murphy Seconded by Councillor Black RESOLVED that in accordance with the recommendations of the' Land Committee, the following.action be taken, namely: -_(1) that two 15 -foot fire lanes (that were closed by Common Council resolution of October 20th,1969) - one being located r1- etween St. Anne Street'and Margaret Street'-! be conveyed to Woodside Park Ltd.;(2) that apportion of Margaret Street and a 40 -foot portion of McLeod Street.(that were closed by Common Council resolution of October 20th, 1969) be conveyed to the said Woodside Park Ltd. - all as shown • coloured in red on the submitted plan; (3) that the aforegoing parcels of land be conveyed to the said,company for the sum.of $1.00 plus legal fees, any surveying that may be required and all advertising cost; (4) that authority be granted to proceed to close out that portion of McLeod Street east of St. Anne "Street as shown in green.on the submitted plan, and to advertise this'proposed street closing;.(5) that'upon closing of the proposed portion of McLeod Street (measuring 175 feet.by 60 feet), it be sold or deeded to Woodside Park Ltd. on the condition that the company make adequate provisionfor street access to the properties on either side of of McLeod Street at its intersection with the easterly side of St. Anne Street: AND FURTHER that the letter from the Land Committee in the above matter, advising that the Committee will review the value of the said 175 by 60 -foot parcel of land on McLeod Street, which would result from the proposed street closing, and will make a further recommendation to Council on its price and the method of disposal., be received and filed. On motion of Councillor Murphy , Seconded by_ Councillor Cave RESOLVED that the letter from the Land Committee, advising that Ralph M. Black et ux, John W. Clarke et ux, Russell H. O'Donnell et ux, Elmer Trott et ux and Margaret Moore, the abutting.property owners, .have.agreed to convey to the City of Saint John their implicated rights to the fire lane which opens off Green Street and which lies between Richard Street and Regent Street, and that;_therefore, the Committee recommends that the Common Clerk be authorized to advertise for five consecutive weeks,once a week, notice of intention that the Council intends to pass a resolution acquiring title to the advertised parcel of land, and that, following advertisement and on passing of the resolution of Common Council, the title will vest in the City, subject to any existing easements and that the.City will in turn give a deed of conveyance to one -half of the land of the portion abutting each property owner at no cost except to reimburse the City for all expenses incur rd related to the advertising and to the associated matters at the time the actual conveyance takes place - be'receiced and filed and the recommendation adopted. On motion of Councillor Cave Seconded by Councillor'Murphy - RESOLVED that the letter from the Land Committee, submitting aa information regarding the cost_of demolition of the former building on Lot 14, Block 26, Main .1/ 0 -A o� Street, which was.requested.at the Common Council meeting of May 6th,,1974, when the proposed �� %p/, sale of this 2,600 square foot lot to Mr. Robert Ryan was laid on the table for this purpos be laid on the table until the next reguila_r session of Common Council for further study. J�o On motion of Councillor Black NOAAa/d.C, rpos "AA6 *.4 S.O/J7I»% ..ems .�rt5u Sevxi %Ei2, . Seconded by Councillor Murphy RESOLVED that as recommended by the Land Committee, the freehold of Lot 20, located at 235•St. George Street in,Brooks Ward, be sold to the present lessee, Mr. Ronald L. Craft, for the.appraised. value of $2•,600.00. On motion'of Councillor Black ' Seconded by Councillor Murphy RESOLVED that the letter from the Transportation Committee in- reference to the request made to Common Council by Central Mortgage and Housing Corporation that bus service be provided to Century 21 Housing'Project along the Hickey Road, advising that inauguration of a special bus service'by City-Transit Ltd. in.this area on three- different occasions during 1973 which service was discontinued by the company when it proSed to be. poorly patronized with resluting loss of revenue to the company, and further advising that in view of the detailed information contained in the letter, the Committee believes that every effort has been made by City Transit Ltd, and the Committee to co -opera t in providing service to this housing proJect, and the Committee also believes that the situation as regards potential bus traffic still remains the same, and that the Committee would suggest that Central Mortgage and Housing Corporation be reminded that the said company is privately owned receiving no subsidy for its financial losses - be received and filed and the Committee be thanked.for this report. I I r 106 On motion of.C'ouncillor Cave � APA ecrP Seconded by Councillor Green RESOLVED that the letter from the Redevelopment Officer, advising that at a tender opening meeting held on May 13th, 1974 the only bid received for �P Ov the demolition of 15 Munroe Alley, which was submitted by John Flood & SOns Limited in the amount of $828.00, was accepted since this bid was comparable to costs of demolition for comparable buildings, be received and filed and the action.confirmed.. SOBS �f� On motion of Councillor Murphy Seconded by Councillor Green RESOLVED that the letter from the Acting City Manager ' LBi pt� submitting the report of the Marsh Creek Flood Control Study by Proctor & Redfern Limited �Va7��g which was commissioned by Council on Jund 11th, 1973, and advising that this is the most A%®a6i complete - ,study ever done on the flooding problems of Marsh Creek and has included hydrologiaal aP001 and hydraulic analyses supplemented by extensive field observations during recent actual floodings in the area, and also advising that the report concludes from this study that � 'Si an effective flood control system for the Marsh Creek basin will involve capital expenditures A � / . exceeding $5,000,000.00 for the construction of reservoirs', improved channels and bridges, and that the report, however, also concludes that the expenditure of approximately $320,000.00 on local storm drainage facilities will significantly reduce the frequency of flooding in the area- and recommending that this report be received and filed and that it - &AZ be referred to staff and the Budget Committee to bring in a programme for °implementation of the recommendations - be recieved and filed and the recommendation of the Acting City 4&,0 yY j/ Manager adopted. The-Council members noted that in the covering letter, dated May 14th,'1974, from Proctor & Redfern Limited which accompanies the above report these consultants state that since completing their flooding analyses, they have had an opportunity to review a brief %fl4®p (dated February 27th, 1974) by Councillor Samuel Davis concerning an effective flood control system for the Marsh Creek'basin and that although a feasibility study of the proposal made in Councillor Davis' brief ( that it might be feasible to enlarge the Marsh Creek channel,; dWvle o'e extend if to Drury Cove, and utilize it as a canal for the generation of tidal power) is N -n—s6, beyond the scope of this report, the consultants have considered the flood controlbenefits 4cp",& it would provide,.,and it is probable that the channel requirements for a feasible power has % % project would exceed the flood flow requirements; the letter states that it should be noted �+�� ®� also that an enlarged channel would decrease the flood storage requirements, and could even C®pa eliminate the need for a storage basin in the flood plain area. On-motion of Councillor Black Seconded by Councillor Murphy RESOLVED that as recommended by the Acting City Manager, ✓phyj� approval be granted for payment of the invoices from S; T. E. Fetterly and Son Limited, dated April 17th, 1974, in the amounts of $4,578.12 and $3,068.28 for the purchase of cast iron Q echanical joint tees, required for stock for the Water Department. On motion of Councillor Murphy Seconded by Councillor Black �+ F RESOLVED that as per the recommendation of the Acting City �f�a 4" anager, authority be granted to pay the invoice from Crane Supply, Moncton;'in the amount 4pp NIL: of $3,037.39,•for the purchase of eight 10 -inch gate valves for the Water and Sewerage of &Lp�� Department. On motion of Councillor Cave O Seconded by Councillor Higgins RESOLVED that the letter from the Acting City Manager advising that in reply to the request made at the May 6th, 1974 Coucnil meeting by Councillor acGowan regarding grade separations at Church Avenue and Simms Corner, Bill C -27 received Royal Assent on May 7th last and it provides for increased funding for railway grade o�Iip9�v9S G �D'� eparations and relocations - in particular, for Simms Corner where the cosr of a grade eparation would cost up to $3,000,000.00, there is a possibility that this project would e approximately $1,500,000.00, the project may qualify for a special grant of $1,150,000.00, and the City will undoubtedly have to bear at least a part of the balance - and further advising isi{ap�p hat with respect to the design for these projects, the Works Department is doing further reliminary work to better define the type of structure and the land requirements, be received and filed. Councillor MacGowan expressed the hope that it will not be long before the proposed esign for the above projects comes before the Council for action. On motion of Councillor Murphy Seconded by Councillor Higgins RESOLVED that the letter from the Acting City Manager, advising that as shown on the two maps submitted land for a reserved or p proposed street VY �6 feet in width, runs off and connects to Old Black River Road, and that the Province of New ���% runswick has requested the City to transfer this land to it in order that it can obtain clear i'tle to a land purchase the Province is making in this area for industrial development urposes, and that the'land will eventually revert to the City or an agency of the City when y�� y he industrial parks are taken over, and that before the City can provide a Quit Claim eed to the Province, it is necessary to close the reserved road,land that it is therefore ecommended that authorization be given to the Common Clerk to advertise the proposed losure of the said reserved street, be received and filed and the recommendation adopted. O_Dele i On motion of Councillor Murphy Seconded by Councillor B1'ack RESOLVED that as recommended by the Acting City Manager,.and the Commissioner of Finance, suthority be granted for payment to New Brunswick Housing orporation of the following invoices for the City of Saint John's share of operating losses ® //9 or 1973 regarding subsidized public housing, namely:- a P H Nos. 1,2,4,5,6 and 7 - 311 units 1Qs $23,905.67; (b) F P Nos. 1,2,3,4 and 5 -582 units $37.,418.69 -- totalling $61,324.36: AND FURTHER that the letter from the Commissioner of Finance explaining that in • the case of (a) above, the City's share is 5% of the operating losses determined after /f�.l, I7 9'C•O charging depreciation and interest, and that for (b) above, the City's share is 12 1/2% ��// of'the'operating losses which do,not include amortization of capital costs, and pointing #0940 out that it was a'recommendation of the Task Force on Municipal Structure and'Financing fsp"s 4(y that '.'Municipalities be relieved of further contributions towards the operating losses V.2yon subsidized: public housing projects" and that the City�has now been informed by the / Director, Housing Administration, that the cost sharing of subsidies for the calendar 6!' 07tt"0. year 1973 will be the last period of municipal financial involvement in public housing, 167 and noting that this relief of responsibility will reflect in,the City's 1974 operating ' budget, be received and filed. On motion of Councillor "Higgins Seconded by Councillor Green 7 RESOLVED that the letter, dated May'27th,1974, from the Acting City'Manager "regarding awarding of the tenders for the installation of a total of 3',390'feet of'sanitary sewer in Lakewood Drive,-Charles-Street, Ann Street and Lens - dale- Crescent in Lakewood "Heights be placed on _the agenda-of this meeting of Council. ' On motion -of Councillor'Cave Seconded by Councillor M.- Vincent RESOLVED that the letter from-the Acting.City Manager, advising that in response to a call for tenders for the installation of a total of 3,390 feet of sanitary sewer in Lakewood Drive, Charles Street, Ann Street and Lensdale Crescent in Lakewood Heights,.,tenders, were received from Earthco Ltd. of Saint John in the amount,of $89,658.00, from Gerald J. Ryan Company Limited of -Saint John in the amount of $96,686.25, from Gaspe.Construction Limited of Nova Scotia in the amount of $110,639.60 and from Ocean Westway- Construction Ltd. of Saint John in the amount of • $117,855.00 „ and that all tenders were not in compliance with the City's tendering procedure, and recommending that the .tender be awarded to the second lowest bidder, Gerald J. Ryan Company Limited„ in the.amount of $96,686.25, for the lowest bidder, Earthco Ltd..did not have a bid bond, nor were the unit prices written out in words -- be•received and filed and the.recommendation adopted: Mr..Barfoot advised that at the.time of. opening the above tenders a telegram was received from Earthco Ltd. saying that the bid .bond was on its way; this, however, is Con- not acceptable in the City or in other governments as being in lieu of a bid bond. Con- sideration discussion ensued on the question of whether or not- the requirement in the tender call specifications that the tender must be accompanied by a bid._ -bond, can be waived if there is a malfunction in the mails and the �b:idder,'s,bid bond is therefore not.received in time for the tender closing time, or if the tenderer did not write out the bid amount in his bid, as called for in the specifications., ' On motion of. Councillor A. Vincent W I Seconded by Councillor Parfitt �Qn RESOLVED that the above recommendation to award the /Zy�O�EJ tender for the installation of a total of 3,390 feet of.- sanitary.s in Lakewood Drive, Ar-Wdevor -ewer Charles .S.treet,.Ann Street and Lensdale Crescent in Lakewood Heights be°ref-erred to the N�s�'erre� City, Solicitor for a .legal opinion .on the question of - whether a tender can be_ awarded to _a b_idde -r whose bid: was. not - accomp,aniedt by a bid bond when tenders were opened and when the specifications call for such bid-bond, and that this matter, be brought back to 4*401,DpigA er r /gam .�� the next meeting of: Common Council. 9hR7 ���• Ques.tion being taken, the motion to refer was carried with Councillor Cave voting 4eprs6fr pp le 61-CS. "nay ". Councillor Cave had stated that he was at the 'tender opening meeting and that, �aSe/��S definitely, the.bid of Earthco Ltd., whose tender was not accompanied by a bid bond, did • not meet.the tender specifications.. (A representative -of the said bidder was present at this.meeting of Council and stated.that he had with him at the meeting the bid bond, and that the company did not receive this- bid,bond so that it could accompany its.bid, because of the mail). On motion of Councillor Murphy- Seconded by Councillor Black /y!� /idnV� RESOLVED that the letter from the,C,ity Solicitor in re q 21st ply to the request made at the Common Council meetin g on May by-Mr. D. F. MJd 7e 4;,4o Y , •1974_ MacGowan, solicitor for Carleton -Kirk United Church, that the Council pass the necessary ' 'J resolutions so that the Mayor and Common Clerk ' w ' ould be.- in a position to sign the Deed to the Church as. soon as Bill 29, which is presetly before the Provincial Legislature, Uh/cCW C.&CM becomes law, 'advising that on July 11th, 1973, the Councileiacted a by -law closing King FACPV,aP Street Extension, Saint John West, as shown outlined in green -on the submitted plan, arlwopo that on October 9th, 1973, the Council enacted a by -law closing Lancaster Street as rpVf4 ,d outlined in blue on the said plan, and that the area,out.lined in red -on the said plan is the Carleton .Bprial.Ground which was recently submitted by the Council to the Legis- s ixai'e� lature .,of New, Brunswick for, .authorization to convey the -, lan;d -to -the-said Church; and , 9 further advising_that,he understands that the .Bill presented. by the City to, the Legis- s°t / lature in Fredericton is on -the O.rder,Paper for consideration by the Committee of the whole House,'.and once.the Bill receives Royal Assent the City will be authorized and empowered to convey the land with or without any terms or conditions, and that he under- stands.that the Church is anxious that the Council authorize the Mayor and Common Clerk to execute a Deed -of convey -ance of..the land as outlined on the said plan; and.further advising that if the Council wishes to authorize the Mayor and Common Clerk to execute the Deed,-of conveyance at this time the resolution ought to be subject to the following terms and conditions: (1) the land is to be used only for a multi - purpose complex, and no -other purpose, comprising erections for :(a) Church and charitable facilities, and (b) senior citizens housing facilities which may comprise facilities for a nursing home • and convalescent care;,(2) construction shall.commence within one year from the date of the Deed., and if construction is not commenced within that time the City•will'have the W I 109 u J i—% Mr. Barfoot explained that the Building Inspector is now in the process of obtaining the title search for this property preparatory to issuing notices under the unsightly premises lj;05 regulations for the demolition of this property. Councillor Green suggested that it may be possible for the City to purchase the above property and make it habitable, in view of the great need for housing in the city and the City Real Estate Department "administer the renting f the building. Councillor M. Vincent stated that in his capacity of Deputy Fire Marshal he had inspected this building and it is in bad condition and must come down, and that he trusts that the City staff will expedite its demolition as quickly as possible. On motion of Councillor Murphy ce&fAvs// ®p Ilea P, AAM/ Xi ���ia�asav� Seconded by Councillor Cave RESOLVED that the letter from Councillor Murphy, stating that he would like to see the Common Council take definite action to grant an exemption from building permit fee for minor repairs to property to the value of $200.00, which is an inducement to property owners to make minor improvement to their homes and thus improve the image of the City, be referred to the Legal Department for a report at the next meeting of Council. The Council members were advised that the necessary the public that the Council intends to consider enacting Standards for Maintenance and Occupancy of Buildings and were received regarding this proposed by -law. No person proposed by -law. On motion of Councillor Black advertising was completed to inform a by -law entitled "A By -Law Respecting Premises, ", and that no objections was present to speak regarding the said Seconded by Councillor Murphy Alipime� RESOLVED that the by -law entitled "A By -Law Respecting e,_4 Standards for Maintenance and Occupancy of Buildings and Premises" be read a second time. Read a second time the by -law entitled "A By -Law Respecting Standards for Maintenance and Occupancy of Buildings and Premises ". Mr. Paul Price, President of Coastal Co- Operative Housing Ltd., was present to submit a brief on behalf of the group, which outlines the unsuccessful efforts of ten famili,:es to build co- operative housing on the Churchland Road proposed site, and which states that the present group is one of seven Co- Operatives which are planning to build homes on the West Land Assembly (the former Provincial Hospital Annex property on Sand Cove Road) as a pilot project for thi's kind of housing in New Brunswick. The brief asks whether the Common Council totally supports this housing project and is willing to 'help the Co- Operative groups in achieving the start of this type of housing for the whole province, and if so, whether the Council is willing to set up a committee to hlep make this project successful, and invites the Council members to the showing of slides and a film on co- operative housing, at a place and on a date that can be arranged. In reply to the question regarding the setting up of a' committee by Council, the Mayor stated that the answer is "yes ". He stated that he can now disclose publicly that one of the items of the agenda'of a meeting between this Council and the Premier of New Brunswick recently, which was also attended by members of the Cabinet of the Province was discussion by the Council with the Premier and these Cabinet Ministers of the possibility of a committee to work with the Province, and they confirmed they would welcome such a committee; he felt that a recommendation could be expected to come forward to Council within the next couple of weeks probably, outlining exactly what this committee will do and under what circumstances. option which it may exercise within sixty (6O).days in order to regain possession of the land -- and submitting a letter from the Church addressed to the Council and dated May 28th, 1974 • whereby the Church has undertaken to erect a suitable monument of such design and wording as may be reasonably approved by the.City and notes that in the design and location of the monu- ment the Church proposes working closely in co- operation with the Saint John Historical Society -- and noting that as well, all costs in connection with needed surveys ought to be C� J_ the responsibility of the Church -- and stating that if the Council wishes to authorize the / Mayor and Common Clerk to execute a Deed of conveyance at this time it is understood that the fy/r-Ir M09A . whole matter is subject to the Bill being given Royal Assent -- be received and filed and the eYA pc.4 Mayor and Common Clerk be authorized to execute the said Deed of conveyance subject to the n����� coridition,s 'as outlined by the City Solicitor: AND FURTHER that the said Deed of conveyance be conveyed to the said.Church upon payment '(,R,ypjaW 0 ~0 e to the City of the sum of one dollar. c6a* J In reply to Councillor Hi gg ins' question as to whether the above motion gives the City Solicitor and the solicitors for Carleton -Kirk United Church an opportunity to start work immediately on the project pending the results of the Legislature, the Mayor, stated that the City Solicitor's reply fs in the affirmative. Councillor Higgins noted that haste is very important at this time in this regard. Councillor M. Vincent, speaking in favour of the motion, asked if the-Church concurs in the conditions (1) and(2) in the above motion. Reverend K. A. ' Thomson, minister of the said Church, was present and stated that the Church does so concur. Councillor Kipping expressed his concern that the legal document of conveyance, in the interests of the Church, must be properly punctuated to preclude the possibility of ambiguity, and to ensure that the meaning be clear. The Mayor replied that the City Solicitor will pre- pare the deed, and that it is up to the Council as to whether or not it authorizes it. He added that when the City Solicitor prepares the deed it will be in consultation with the solicitor for the Church. Councillor Kipping stated that this would allay his fears in the matter if specific attention is to be paid to the punctuation (his original question in this regard had been directed to punctuation in section (1) of the conditions in the City Solicitor's letter, where a comma had not been used between the words "complex" and "and" and between "pur- pose" and "comprising") there so that the meaning is clear. On motion of Councillor Black C6,0 6,111w. Seconded by Councillor A. Vincent RESOLVED that the letter from Councillor Parfitt calling attention once again to the condition of the Parks Estate property at 306 Princess J Street, which she describes as being a definite fire hazard as well as unsightly, and asking ' that action be taken immediately to have this property demolished, be referred to the staff for a report and recommendation. u J i—% Mr. Barfoot explained that the Building Inspector is now in the process of obtaining the title search for this property preparatory to issuing notices under the unsightly premises lj;05 regulations for the demolition of this property. Councillor Green suggested that it may be possible for the City to purchase the above property and make it habitable, in view of the great need for housing in the city and the City Real Estate Department "administer the renting f the building. Councillor M. Vincent stated that in his capacity of Deputy Fire Marshal he had inspected this building and it is in bad condition and must come down, and that he trusts that the City staff will expedite its demolition as quickly as possible. On motion of Councillor Murphy ce&fAvs// ®p Ilea P, AAM/ Xi ���ia�asav� Seconded by Councillor Cave RESOLVED that the letter from Councillor Murphy, stating that he would like to see the Common Council take definite action to grant an exemption from building permit fee for minor repairs to property to the value of $200.00, which is an inducement to property owners to make minor improvement to their homes and thus improve the image of the City, be referred to the Legal Department for a report at the next meeting of Council. The Council members were advised that the necessary the public that the Council intends to consider enacting Standards for Maintenance and Occupancy of Buildings and were received regarding this proposed by -law. No person proposed by -law. On motion of Councillor Black advertising was completed to inform a by -law entitled "A By -Law Respecting Premises, ", and that no objections was present to speak regarding the said Seconded by Councillor Murphy Alipime� RESOLVED that the by -law entitled "A By -Law Respecting e,_4 Standards for Maintenance and Occupancy of Buildings and Premises" be read a second time. Read a second time the by -law entitled "A By -Law Respecting Standards for Maintenance and Occupancy of Buildings and Premises ". Mr. Paul Price, President of Coastal Co- Operative Housing Ltd., was present to submit a brief on behalf of the group, which outlines the unsuccessful efforts of ten famili,:es to build co- operative housing on the Churchland Road proposed site, and which states that the present group is one of seven Co- Operatives which are planning to build homes on the West Land Assembly (the former Provincial Hospital Annex property on Sand Cove Road) as a pilot project for thi's kind of housing in New Brunswick. The brief asks whether the Common Council totally supports this housing project and is willing to 'help the Co- Operative groups in achieving the start of this type of housing for the whole province, and if so, whether the Council is willing to set up a committee to hlep make this project successful, and invites the Council members to the showing of slides and a film on co- operative housing, at a place and on a date that can be arranged. In reply to the question regarding the setting up of a' committee by Council, the Mayor stated that the answer is "yes ". He stated that he can now disclose publicly that one of the items of the agenda'of a meeting between this Council and the Premier of New Brunswick recently, which was also attended by members of the Cabinet of the Province was discussion by the Council with the Premier and these Cabinet Ministers of the possibility of a committee to work with the Province, and they confirmed they would welcome such a committee; he felt that a recommendation could be expected to come forward to Council within the next couple of weeks probably, outlining exactly what this committee will do and under what circumstances. 110 Mr. Price stated that his group would like an-answer, one way or the other, to the proposed site development on the Churchland Road because they have more people in the Co- Operative Housing group and if it were possible to use this land, they might • have to do so. The Mayor'stated that he is advised it is highly doubtful that this land l• could be used because it was at some length by the Planning people and the matter was eo�Ofia;lotl:7 turned down; however, if, there is any new information or any new urgency, then it would be necessary for the group to apply to Planning again to get their approval. He pointed out that it is one of the areas that is within the Planning Advisory Commi'ttee's juris- diction: Mr. Price recalled that the matter was tabled approximately 'a year ago and his Housing group has not had an answer either way since that time. The Mayor stated that he will undertake to get a reply for them and an up -to -date appraisal of the situation, and if the group finds that unsatisfactory, he suggests that they take the matter back to the Planning Advisory Committee. The Mayor felt that once the committee , is established, it will assist the co- ope'rative housing groups a little better on a day -to -day basis through a flow of information to them. He stated that he sees no reason why the said committee and its terms of reference_ could not be ready for the June 12th meeting of Council, as it just requires further consultation with the Province, first. At this, time, at the request . of the Mayor, Mr. Price gave a brief explanation of the co- operative housing plan-as it now exists in legislation, as compared with the previous ' co - operative housing plan. During discussion regarding servicing of the lots, Mr. Price advised that the New Brunswick Housing Corporation anticipate awarding the tender for this work on June 1st, and that the services should be installed by the ' latter part of August, and his group has been assured by the said Corporation that the .me .mb.ers should be able to commence to build their houses by September lst, at the latest. �f !0,0`'O�D•//Ok�/ The Mayor advised Mr. Price that the Council, at a later time in the meeting, will consider action on the request contained in thebrief, and that the Council try to gk �O help the group in any way that it can. siee On motion of Councillor A. Vincent Seconded by Councillor Green • RESOLVED that the letter from New Brunswick Housing Corporation making application for re- zoning of the east end of the former Provincial y �/ �,p_ry OLLS /h9 Hospital Annex property on Sand Cove Road, as shown on the submitted plan, from the CO1'P present "RF" rural classification to "P" public park, "R -1B" one- family, "R -2" one- and two- family,'and "RM -1" multiple residential classifications, be received and filed and authority given to proceed to advertise this requested re- zoning, and that the hearing ij e, gur/iri�P of objections, if any, be.held at.a meeting of Common Council to be held on June 24th nn . �OdLS /�7 O -D� next,. On motion of Councillor Murphy �+ V,?j1oe 4rove Seconded by Green .Councillor RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it con- ' cerns re- zoning an area of land fronting on Sand Cove Road and Bleury Street, being a portion of the former Hospital Annex property on Sand Cove Road, containing an area of �a gop;7 /��� approximately 36 acres, from "RF ",Rural district to "P ",Park, "R -1B" One- Family, "R -2" One- and Two_ Family, and "RM -1" Multiple Residential districts, be read a first time. Read a first time the by-,law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ", Mr. Raymond Martin,. spokesman for New Brunswick Co- Operative Housing Services Ltd._,, at this time submitted.the following questions to the Council in the hope that �Pow the Council can 'assist this group in its endeavours to realize the building of co- 41. operative housing in this city:-'(1) it has been confirmed by the New Brunswick Housing ,l� tfve Corporation that the blue prints of the housing sub - division, the West Land Assembly, //al4/P7Y �f �t� have been returned to Saint John for final revisions, and the group would like to know • Nd�M4(Qe� why the City of Saint John has delayed final approval or has not made any final re- 'visions; (2) it has also come to. the group's attention that the said Corporation has denied the group's request to repair or demolish the Hospital Annex - the group nn /auS�h believes that the City should give it definite information on what will be done with this C O�-OP building; (3) the group would like to submit names of streets 'in the sub - division and nO�e /A �C the name of the sub - division, as it does not agree with the present names; (4) in the h� design of the sub - division at 'present, a main street is'located directly through the .5/de park, which would endanger the children - the group demands a definite change in this �/'7�d/• �OS�- lay-out. Mr. Martin stated that with regard to naming of streets in the sub - division, ' ✓ the group would like to see them named after people in New Brunswick who they feel were / i involved in the labour movement; the park in the sub - division they would like to see �ja7Dr/�S named after some people, like Father 'Cody, for instance; there are other people like .57: ,ss S'Ci� d�/N�%/ -31" Mr. Newell, and Mr. Gregg; there are a few streets to be named. He noted that the main street will go through both parks in the sub- division and, it will carry a volume of traffic; the group want a sub - division where their children can play and also be safe. He stated that there is going to be vacant land left by the New. Brunswick Housing Cor- poration near the highway, and his group would like to see the Corporation landscape this land and plant trees in it, and to see the City service this land. In referring to the East Land Assembly,,Mr..Martin stated that his group asks that the lots there, for co- operative housing, be not 44 -foot frontage lots but 65 -foot lots at a reasonable price so that nice co- operative,housing can be provided there. The Mayor stated that he is advised that'some .of the streets in the West Land Assembly have already been named, and that, however, the naming of streets is the sole jurisdiction of the Planning Advisory Committee and the Committee would be pleased.to receive the group's suggestions. Councillor A. Vincent at this time submitted the names of two bricklayers for consider - ' ation in this street naming, namely, the late Commissioner Sproule who served the City loyally for Prince Ward, and the late Honourable Arthur E. Skaling - both of whom were good Labour people. • On motion of Councillor MacGowan Seconded by Councillor Murphy 10M ff04f4rf . RESOLVED that the brief be referred to the staff Sepy't'>e.e$ 007,w U� %A /"? volam e 0dk.V,0o6AV 0A"6re S$O"09 S/ A lle�ie %s � ,�vz��c6r /• ,ZEN �,e • (. ®m 1� 1- ,for a report back to Council for the June 12th meeting of Council. A presentation was made at this time by Mr. Wayne Ferguson on behalf of Champlain Heights area residents and the Champlain Heights Community Association, whose brief expresses concern about the.steady increase of traffic on Champlain Drive which presents a hazardous threat to the safety of these citizens, and, more particularly, to their children. The brief notes. that with the recent industrial activity in the surrounding area, there.has been a sharp increase in traffic resulting in Champlain Drive becoming a major throughway such as Crown Street or City Road, with bumper to bumper traffic during rush houses (7.30 to 8.30 a.m. and 4.00 to 5.30 p.m.) which makes it very difficult for residents of the�,Heights to enter the flow of traffic, and this is also the time their children are travelling to and from school. The brief states that these residents feel it is imperative that the following steps be im- plemented before a serious accident occurs involving their children:- (1) strict enforcement of speed limit which is now 30 m.p.h, and, if possible, lowering it to.25 m.p.h.; (2) establish- ment of a cross -walk on Champlain Drive between Grandview Avenue and Swanton-Street, and another cross -walk on the Drive at Silver Crescent; (3) erection of a three -way "Stop" sign at intersections of Champlain Drive and Swanton Street and Champlain Drive and Dorothea Drive; (4) immediate enforcement of no through trucks and heavy equipment; (5) continuation of side- walk on western side of Champlain Drive five houses from Grandview Avenue. Mr. Ferguson stres sed that these steps must be taken at once, and stated that the .residents ask that the Council give serious consideration to their request. During ensuing discussion, it was arranged.that the Police Department send traffic specialists from the Department to this area and investigate the situation .referred to in the brief, and then meet with the Association at 8.00 p.m. on May 30th next at the Champlain Heights School. The Mayor added that the report from the City staff in this regard should be submitted in time so that the Council can deal with this matter at its meeting on June 12th. In reply to Councillor M. Vincent's.question as to whether the staff, if it is in concurrence with the items contained in the above brief, and where, basically, there is no expenditure of monies involved, can implement these items without. them being, ratified. by, Council on June 12th, the Mayor stated that the only problem he can see, and it is not within the purview of the staff, is the question of building the requested.sidewalk on Champlain Drive - this entails obtaining an•estimate of cost and the approval of Council. He stated that if the other items (are agreed upon the staff has,the authority to carry them out,withou•t requiring a motion from Council. On motion of Councillor Kipping Seconded by Councillor Cave RESOLVED that the Province of,New Brunswick through the Minister of Public Works be asked -to prescribe a speed limit of.40 miles per.hour on the section of Chesley Drive as. specified by the Director of Engineering of the,Department of Highways, namely, that portionof the divided highway from the railway underpass to the vicinity of Thorne's Hardware. Question being taken, the motion was:carried with Councillor MacGowan voting "nay ". She stated that she.feels problems will be created by having two speed limits on this short section of Chesley Drive; she did not feel that.it is wise to take the action proposed in-the above motion. On motion of Councillor Kipping Seconded by Councillor Cave -RESOLVED that.:aherlez.ter from Councillor Kipping, Chairman of the Committee-on Pits. and Excavations, submitting.a final.draft of the proposed amendment to the Zoning By -Law with reference to excavation of land (a,.previous' draft amendment was advertised -in 1973 and-a proposedramendment to:the Zoning.By-Law.in this regard was given first reading on July 3rd, 1973,.-and certain recommendations and comments made by the Planning Ad- visory Committee in the matter:we•re referred to.the.sai& Pits and_Excavaaions Committee for study on July 30th, 1973) be received and filed and authority be granted to advertise this p,roposed•Zoning By -Law amendment, and that-the hearingl..of objections, if any, be held at the meeting of Common Council to be held on June 24th next. On motion of Councillor Murphy Seconded by Councillor Higgins RESOLVED that the letter from Mr. Patrick A. O'Reilly of 15 Knox Court, Champlain Heights, advising that from May 21st, 1974 and until such time as l7 a satisfactory arrangement is accepted he.wishes to go on record that he is holding responsible the owners and operators of the gravel pit that is being operated at the rear boundary line of '*y�J his property at 15 Knox Court, for any accident or any depre,ciation in value of his said iTQ'c'$&W1Z01-e property, and further. advising that the said gravel pit is extremely dangerous to the children 4aap / in the Champlain Heights area and.that if.something is not done about.•this condition there is ��// going to be another tragedy such- as occurred in this same area within•,the past three years, and /1HOli�a't. requesting that these pits be completely closed and levelled,at• the expense of the present operators, be referred to City staff for a report and recommendation. Mr. Barfoot advised that the requested report will be furnished for Mr. O'Reilly . in a couple of days. Councillor Kipping stated that he was contacted by Mr. O'Reilly in the above matter, and he immediately had the Building Inspector make an inspection of the area. He suggested that the Council refer this matter to theBuilding Inspector and have it in writing. The Mayor,-noted that it-,has now been arranged that Mr,. O'Reilly receive.a written reply to his enquiry through the City staff.. . On motion of Councillor Murphy ,Seconded by Councillos(Green RESOLVED that.the letter,from_Mr. and Mrs. H. Kenneth weeooepm Trecartin of 366 Riverview Drive; Saint John West, advising that the lower or river side of Carleton Place, Saint John West, north of the throughway, has not been restored to the same •condition that the remainder of Carleton Place, south of the throughway, has?%een restored to,,,l �-Y and noting that further work last fall in connection with the throughway caused disruption, and explaining in detail the work they desire be done, be referred to City staff for a report and �`q��� recommendation. 11.2 I 0!'api -0w/ 6cc. Sasv ®ns G�eeo�6fa /e ®S'ss6�di v *VoP x'1a�i//�i• 9�v/ s• ,'er easo/rn" I -TPW/, /;W O%/ oeZ"51i �V OA -e- Co o jv.O.csesir.�, 9G/ove 00 e J" y /016)W fer eepo6e op �C^�is prPr/1si t Councillor Green recalled that this same problem was broached by Mr. and Mrs. Trecartin on a previous occasion and it was taken up with the Provincial Department of Highways by the committee. of which he was a member, and that the said Department made a* compromise arrangement with the residents of that.:area to rectify the situation that was created by construction of the throughway through that area. He felt that the City, in consulting with the Department of Highways in this matter, can impress it upon that Depar,tment-to do this restoration work, and to do it properly, this time. On motion of Councillor Murphy. Seconded.by Councillor Green RESOLVED that the letter from.Mr. Frank G. O'Keefe of 48 Valleyview Crescent, Saint John-West, requesting that the Common- Council reconsider its decision' to place in the 1975 list-of. cap.ital budget projects the extension of the proposed.storm sewer system and the extensionof same to Manchester Avenue, and treat this as-,one of the top priorities for the year 1974 as'-this is a very serious situation due to the damage 'created to personal-property and the necessary project if delayed to 1975 will cost a great deal more due to,the inflationary trend if not completed in 1974, be received and filed and the second phase of the Greendale Sub- division storm sewer project be placed on .the 1974 .list of capital projects to be undertaken and that it be given a high-priority. . Notting that Mr..01-Keefe's letter. states that the above project is a joint develo'pmen•t' of the three levels of government, and estimates. that the City's share would therefore amount to approximately '$30,000.00 of the.cost o.f the project, Mr. Barfoot ex- plained,tha,t this 'is not.a cost - sha.ring project among the three. levels of government; there is another, sanitary sewer job in the' Greendale.Sub - division which is cost - shared by the Federal and Provincial.Governments and which is entirely separate from the storm sewer project; the estimated cos.t.of the work requested b'y Mr. O'!Keefe is $100,000.00, all of which' is,a City responsibility.. In•further discussion, Mr.-Barfoot explained the measures-that are bein'g taken to alleviate the flooding conditions in this Sub - division, and'stated'that he•beTievesi that'when-the storm drainage project is completed in the Oak Terrace area the.re'will be a very.substantial improvement to storm drainage in that area and that "many of the'p:r:oblems which have been.encountered to date will be thereby .ameliorated; he stated that we will, in accordance with the Council's .decision, be designing the extension which will be ready for tender call in next year's capital budget; the total contract is $88,102.00 for Phase I; there -are additional sanitary collector sewers being constructed to a total cost of approximately $1,000,000'.00 in this area. Question being taken, the motion was lost with Councillors Murphy, Green, Cave, A..Vincent and MacGowan voting "yea" and the Mayor, and Councillors Higgins, Kipping, Black', Parfi:tt, Davis, and M. Vincent voting "'nay". On motion of Councillor Higgins -Seconded by Councillor Murphy RESOLVED that the above letter from Mr. Frank G O'Keefe be received and filed. On .motion of Councillor Murphy Seconded by Councillor Higgins RESOLVED -that..the application from Mr. Deno P. Pappas of Clark,',Dr.ummie &'.Company, Barristers, on behalf of Chisholm Adjustment Co. Ltd. who are acquiring property.on Adelaide Street (originally constructed and used as a service station, and more recently as a take -out restaur.ant).which they desire to use as an office building, for their business as insurance adjusters,. requesting that this property be re -zoned to a business designation to permit the.proposed use, be referred to the.'Planning Advisory Committee f:or a recommendation: AND 'FURTHER that author.ity be given to advertise this proposed re- .zoning pursuant to Section 39.of the*Community Planning Act which would limit the use to that proposed on the plan submitted by the applicant to the Planning Advisory Committee subject to satisfactory:arrangements being made with the Works Department with respect to a thirty -foot sewer easement which is located at one end of the property, and that the hearing of objections, if.any, be held'at the meeting of Common Council to be held on June 24th next. On motion of Councillor'A. Vincent • I i • • Seconded -by Councillor Higgins ' RESOLVED that the letter from Irving Oil Limited, making application for a "permit to rebuild the company's service station complex at the intersection of Chesley Drive and Douglas Avenue as shown on the submitted drawings and as outlined in the letter, be referred to the City Solicitor for a legal opinion in writing for "the meeting•of Council of June 12th next: On motion of Councillor Murphy Seconded by Councillor A. Vincent ' RESOLVED that the correspondence submitted by .Coastal:�Co- Operative.Housing Ltd. regarding development of land on the Sand Cove Road for co- operative housing be referred to the committee that will be.set up in this regard. It was agreed at this time that the City Manager be heard, reporting verbally on the delay in the obtaining of a building permit by Keddy Motor Inns for the Main Street. motel-.construction,.between•August of 1973 and May of 1974. Mr. Barfoot advised that Keddy Motor Inns applied:in August of 1973 with the plans and necessary permit fees and these..w.ere checked and processed at that time but the building permit•was not issued for a.number of reasons, one of which was because at that time the company did not own • the •l an d.and-until.October.23rd, 1973'the zoning change allowing for this building was not app roded by'the Council; authority'was received in December of 1973 to transfer the title and in January of 1974 a new Council resolution was obtained to.authorize the title I r 113 change; in April of 1974 the matter came up again and the City advised Keddy that the per - formance bond.required 4r �� in the`agreement had not ye,t, been deposited and until it had been / • t deposited the building permit would•no be issued; this bond was received May'8th, 1974 and �i7 after checking this with the City Solicitor and the Redevelopment Officer, the permit was immediately issued. With regard to why 'the building was not stopped, this was because there was agreement that the building was proceeding according to'approved plans in a proper zoning area and the matter of the non - issuance of the permit was due to the requirements of the ip�i*fryy/ transfer of title which is being worked out in full accordance with everybody's consent and ���,yy knowledge. He stated that he should recommend from that.this there be some provision for ✓�- /�%p�00'Li7 interim permits being granted where the procedute of working to rule may result in intolerable delays in starting approved works. He noted that the Keddy•si•te would still be a vacant site if everyone on the City staff had worked' entirely to rule on this matter. In clarification, Mr. Barfoot advised that it was a certified cheque that was delivered by Keddy's on May 8th, ' 1974. Councillor A. Vincent contended that it should have been a performance bond and not a certified cheque that was deposited with the City;he contended that the certified cheque or performance bond should have been deposited by the City in the bank so that the City could collect the interest from that money; his point was that if there is a performance bond and the developer fails to produce as'required in the performance agreement yo-u can call upon the bonding people; he also contended that this Council did not agree on the-depositing of a certified cheque, but upon the depositing of a performance bond. Mr. Barfoot advised that in respect to the said cheque, it has been checked out as of today; at meetings arranged at the request of Councillor A. Vincent and with the co- operation of all parties this matter is being speedily resolved, as is every other prolilem to do with the construction of Keddy Motor Inn - we trust that with continued.co- operation of all parties the building will be up and everything will be, straightened away. Councillor A. Vincent expressed the view that no City staff has the authority.to say that the $100,000.00 certified cheque is to lay in the vault for six months, because it is good business for the City to deposit that cheque in the bank and draw interest from it, or if it is a bond we would deposit the bond. He asked for an explanation as to why that certified cheque was not deposited for those six months. Mr. Park was asked to comment. He stated that as he understands it, the agreement with the developer is that the certified cheque is the particular form in which he has chosen to lodge his security which was not actually specified as to type, and the understanding on which he has put this certified • cheque forward is that it shall be held as security only to be used in the event of default on his part, which is, aB it were, a different form of performance bond. He added that as far as placing funds in the City's hand in the event of a default in performance it will provide those funds just as a performance bond would have provided them; it would be difficult to say that one form of security is better than another - certainly a certified cheque is the best form it could be in - he would consider it on a par with a performance bond. .Councillor Black withdrew from the meeting. On motion of Councillor M. Vincent Seconded by Councillor Murphy RESOLVED that this meeting continue, in legal session. ' L E G A L The Mayor withdrew from the meeting and the Chair was assumed by Deputy Mayor Higgins. Consideration was given to a letter dated May 27th, 1974 from the City Solicitor which advises that as requested at the May. 21st last Council meeting, he examined the recent C tender call with respect to automobile towing service in the City of Saint John, and that the terms and conditions attached to the public tender call in this regard did not make any pro - 7��eQy vision for the successful bidder being required to provide the City with a bond; without the See requirement for a bond.in. the terms and conditions of the call there is no authority to insist a'L 7049 on a bond at this time having regard to the fact that the rates indicated by the suppliers to i7 the Ci.ty were based.on the terms and conditions as contained in the tender call; while the s�aQ»U /moo successful tenderer agrees to accept all responsibility, liability, and claims arising from towing, the City is only protected while the Company has sufficient assets; the insurance °t' /D,iIS coverage required from the successful bidder to cover public liability and property damage is •only satisfactory to the extent of protecting.public and personal property other than the pne City; without sufficient assets the City is not protected and in this regard the bond would be / the desired security. The letter further stated that the City cannot insist on a bond at this time having regard to the tender price of the successful bidder and the terms and conditions by y� the successful bidder in computing his price; however, the City Solicitor believes that the ai®3r� / �Fe Acting City Manager ought to negotiate withthe successful bidder for the required bond. The 4 /�f CA�,?,WV letter recommends that in future tenders of this kind a bond of indemnity be made part of the terms and conditions of the tender. Councillor A. Vincent felt that the day is approaching when the City should have its own pound for cars that are towed away. He explained that he is not opposed to them being towed away but to the lack of communication between the towing com- pany and the Police Department to inform the Department of the time of towing away, identifi- cation of the car by license number, and the place to which the cars have been taken. The Deputy Mayor.noted that the City Manager will try to co- ordinate as much as possible the towing work that is done for the.City Police and Works Departments and.the Saint John Parking Com- mission, that is, the various segments associated directly and indirectly with the City, as a common courtesy, through one central core so that a citizen can determine the whereabouts of his car that has been towed away. He added that there should be a reminder to the incoming Council that when this tender procedure comes up again that we might very well consider the idea of having an indemnity bond. Councillor A. Vincent stated that it has been brought to his attention that the Alneai/¢ Police Department has been checking trucks' loads of certain contractors regarding weight restrictions, and letting other contractors go. He stated that he can prove without any doubt Al, that Goodyear Paving is hauling over the load restriction, and has been doing so in this com- munity and yet has not been touched; all trucks of Irving, Corbett and Slattery have been 2 weighed; it all started over a misunderstanding between one individual and Slattery. Councillor pe A. Vincent stated that he wants this practice stopped, forthwith.. The Deputy Mayor asked :that /_ / Mr. Barfoot confer in this matter with the Deputy Chief of Police. Councillor A. Vincent felt �Kn that it is shortsighted to stop the Irving trucks from hauling earth on the cross roads behind 0" C0 0 the Irving Oil Refinery (in connection with the refinery expansion) and he noted that this • SZ�h�° S hauling could not hurt those roads. Mr. Barfoot stated that the last. information he had on this revealed that 18 trucks were checked but they were not Goodyear Paving trucks; he believes that only about five different firms of all the trucking firms in Saint John have been stopped WPP%p7iJn5 to be checked for weight.- apparently Goodyear is one of the ones that has so far escaped. He stated that he discussed with the Police Department this matter and learned that the reason r G 114 Ao / /fie atilt 44M4- Oj, u" o� -ermck /oaW 0�7 �/tGf i . City WYA Pmy. 00ve, romw / /op 67. (A" Hsp 0 �a/t ' given for.their enforcement of the weight restriction in the first place was the com- plaint from the residents of the Manawagonish Road about speeding and the overloading of the gravel trucks; the Police Department also checked on some of the other heavily travelled areas of the city which are used extensively by trucks and got a fair scattering of trucks in various areas of the city; this checking was done as a warning device to try to control the.weight of the loads which was a situation that got out of hand; the regulation is in force all the time, but the checks are not made very often - just when there is a complaint. He stated that there is no evidence, in his recol- lection, of discriminatory checks being made. Councillor A. Vincent, contended that the Police Department, in checking on the speeding of these trucks, is charging the trucks with being overloaded, rather than for speeding. The Deputy Mayor asked that Mr. Bar - foot, in his discussions with the Deputy Chief of Police, inform him of the comments made at this meeting and see if there is discriminatory action, or what have you, in this regard. Mr. Barfoot stated that we can look at the by -laws and work.with the Province of New Brunswick in determining what changes if any could be made in the weight restrictions. The Deputy Mayor asked that Mr. Bar .foot try to bring together the of- ficials about these problems - the speeding and overweight trucks in neighbourhoods, the other side of the.story being that these contractors have contracts to meet with dead- lines. On motion The meeting adjourned. u Commo Jerk. • At a Common Council, held at the City Hall, in the City of Saint John, on Wednesday, the twelfth day of June, A. D. 1974, at 4.00 o'clock p.m. present A. R. W. Lockhart, Esquire, Mayor Councillors Black, Cave, Green, Gould, Higgins, Kipping, MacGowan, Parfitt, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park; Commissioner of Finance, F. A. Rodgers, City Solicitor, P.' Clark, Fire Chief, R: Stone, Deputy Chief -of Police,'J. C'. MacKinnon, Assistant'Director of Works - Operations,'" C. Robichaud, Assistant Director of Works - Engineering, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, R. Thompson, Assistant Redevelopment Officer, A. Ellis, Building Inspector, D. Carter, Economic Co- Ordinator, D. French, Personnel Officer, C. Nicolle, Director of the Recreation and Parks Department, S. MacDonald, Director of the Promotion Department, F: Grass, Information Officer; and C. J. Farrell, advisor to the City The meeting opened with'a prayer which was invoked by Reverend S. J. Mason; Assistant Pastor of Calvary'Temple: On motion of Councillor-Black- Seconded by Councillor Cave RESOLVED that minutes of the meeting of Common Council, held on May 29th-last, be confirmed. Councillor A. Vincent requested'that the Common'Clerk be instructed to playback for the Council a portion of the Council'meeting -of May 29th from the tape of the'meeting, when he'alleges certain statements were made by Councillor Kipping in relation to his character and reference made to his'employer. It was noted that this discussion took place regarding"discussion of a building permit for the Keddy Motor Inn and the Council members at this time discussed the matter inconsiderable detail. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the above resolution be tabled pending the playback by the Common Clerk of a` portion of the taped proceedings of the said Council meeting. On motion of Councillor Black Seconded by Councillor A. Vincent RESOLVED that as recommended by the Ciy Manager, approval be granted for payment of the invoice'from Stephen Construction Co., Ltd., dated June 3, 1974, in the amount of $24,426:86, for'supplying asphalt to the Works Department during the period May 11 to 30, 1974• On motion of Councllor MacGowan Seconded by Councillor Black .I RESOLVED that as recommended by the City Manager, approval be (granted for payment of the following invoices for equipment rental, namely:- 0 • • r -0G?4f1;0MR ! . Hatfield Ltd. - Works Department P-eh ew/ • P. / - Works Department /� i - C /�O Earthco - Works Department vJ10�A On motion of Councillor MacGowan May 1 -15, 1974 (dated May 21, 1974) May 1 -15, 1974 (dated May 21, 1974) April 17 -May 12, 1974 (dated May 15, 1974) 115 $ 3,295.36 $ 6,196.70 $ 3,062.07 1. McAllister Industrial Park, External Sanitary Sewer Supply and install 30 -inch sanitary sewer Gerald J. Ryan Company Limited Total value of contract $145,560.00 Total work done, Estimate Number 2 110,360.00 ��• Retention 15% 16,554.00 Payments previously approved 81,338.71 Stun recommended for payment, Certificate Number 2, May 31, 1974 $ 12,467.29 9" 7_1 #R oP' 2. Saint John Major Water Suppl E2 � Consolidated-Bathurst Packaging Ltd. (Expenditures by Consolidated-Bathurst due to pipe line construction) ®�sa� Amount previously approved NIL Sum recommended.for payment, Invoice Number 580493 -01, •vVj'"�� April 23, 1974 $ 1,238.64 3• Courtenay Bay Causeway Appro �S Seconded by Councillor Gould (c) A. D. I"., Limited Approaches //.• �� if RESOLVED that as per the recommendation of the City Manager, payment of the ' Nt following Capital Budget projects progress certificates on authorized: - contracts for Capital Budget construction projects, be A? C�++7` Payments previously approved Construction of eastern approaches �-4� i. Greendale 48 -inch Storm Sewer Sum recommendede for - payment, Supply and install 48 -inch storm sewer $671,856.00 �yyfj�/S Chitticks (1962) Ltd. Total work done, Estimate Number 1 April 30, 1974 71,716.68 Total value of contract $ 88,102.00 Retention Total work done, Estimate Number 4 10,757.50 53,571.50 i3 oOli Retention 15% Payments previously approved 8,035.72 ' Payments previously approved G� ®/ • Sc4t��o^ 31,038.18 Sum recommended for payment, Estimate Number 1, Sum recommended for payment, Certificate Number 4, May 31, 1974 May 31, 1974 $ 14,497.60 60,959.18 (b) A. J. Callaghan & Associates Simonds Vocational School Swimming Pool $170,072.40 +� Simpson Construction Ltd. Engineering services Estimate Number 24, ® ®� f ® Construction of swimming pool Total Payments previously approved value of contract 53,484.50 $319,250.00 �/Zii 'OP9 Total work done, Estimate Number 10 Sum recommended for payment, Estimate Number 26, 330,260.77 Retention 59,539.12 •0®&;e�10 Payments previously approved 4,112.07 268,213.05 Sum recommended for payment, Certificate Number 10, April 30, 1974 $ 2,508.60 On motion of Councillor Cave Seconded by Councillor M. Vincent g� RESOLVED that as recommended by the City Manager,.authority be granted for payment of the following construction progress certificates, and approved invoices for Engineering Services in connection with projects that have been undertaken under the Department of Regional Economic Expansion pro- gramme: — 1. McAllister Industrial Park, External Sanitary Sewer Supply and install 30 -inch sanitary sewer Gerald J. Ryan Company Limited Total value of contract $145,560.00 Total work done, Estimate Number 2 110,360.00 ��• Retention 15% 16,554.00 Payments previously approved 81,338.71 Stun recommended for payment, Certificate Number 2, May 31, 1974 $ 12,467.29 9" 7_1 #R oP' 2. Saint John Major Water Suppl E2 � Consolidated-Bathurst Packaging Ltd. (Expenditures by Consolidated-Bathurst due to pipe line construction) ®�sa� Amount previously approved NIL Sum recommended.for payment, Invoice Number 580493 -01, •vVj'"�� April 23, 1974 $ 1,238.64 3• Courtenay Bay Causeway Appro �S 115. Western Residential Area Collector Sewer / Q. E. D. - Interprovincial Engineering Engineering services W Payments previously approved $ 84,297.52 /®PSDr1•�IY� /�➢� Sum recommended for payment, Certificate. Number 31, April 30, 1974. $ 2,016.59 (c) A. D. I"., Limited Approaches y� Engineering-services (a) Goodyear Paving Limited Payments previously approved Construction of eastern approaches $ 83,274.80 Sum recommendede for - payment, Total value of contract $671,856.00 Total work done, Estimate Number 1 April 30, 1974 71,716.68 760.o0 Retention 10,757.50 i3 oOli Payments previously approved Collector Sewer NIL G� ®/ • Sc4t��o^ . Sum recommended for payment, Estimate Number 1, May 31, 1974 $ 60,959.18 (b) A. J. Callaghan & Associates $170,072.40 -f- ASSOC-- Engineering services Estimate Number 24, Payments previously approved $ 53,484.50 1,965.66 Sum recommended for payment, Estimate Number 26, May 26, 1974 $ 4,112.07 115. Western Residential Area Collector Sewer / Q. E. D. - Interprovincial Engineering Engineering services W Payments previously approved $ 84,297.52 /®PSDr1•�IY� /�➢� Sum recommended for payment, Certificate. Number 31, April 30, 1974. $ 2,016.59 (c) A. D. I"., Limited Engineering-services Payments previously approved $ 83,274.80 Sum recommendede for - payment, Estimate Number 25, April 30, 1974 $ 760.o0 i3 oOli Champlain & Lakewood Heights Collector Sewer G� ®/ • Sc4t��o^ Proctor and Redfern Ltd. Engineering services Payments previously approved $170,072.40 Sum recommended for payment, Estimate Number 24, March 22, 1974 $ 1,965.66 115. Western Residential Area Collector Sewer / Q. E. D. - Interprovincial Engineering Engineering services W Payments previously approved $ 84,297.52 /®PSDr1•�IY� /�➢� Sum recommended for payment, Certificate. Number 31, April 30, 1974. $ 2,016.59 116 On motion of Councillor Black 11 Seconded by Councillor Higgins RESOLVED that the letter from the City Manager with reference to the request from Miss Dorothy G. Fritz for the urgent completion of Busby Street to connect with Morris Street, in order to cut down on heavy traffic, dirty roads, and noises at the corner of McKiel advising that Sea Breeze Construction is building an apartment building on the ex- 7 and Morris Streets, tension of Morris Street, and in so doing, has caused to be hauled in great amounts of fill, in order '4&544Y 45;�L to build up the street and the lots and that one of their conditions of approval for this building is A����� the paving and curbing of Morris Street as far as the end of the building under construction, and the a�q rough grading of Morris Street as far as Busby Street, and that when construction is completed the area will appear far different from its past or present status but there should be no more mud and dust and -Tea �°eX� heavy trucks, and further advising that the development also makes provision for adequate parking for each apartment building and in the meantime, the City will continue its efforts to ensure that the C'ohstraetjon residential streets of the area are not continually coated with mud from trucks, and to have the Q���� developer comply with the applicable conditions and regulations, be received and filed and a copy of he said letter be forwarded to Miss Fritz. In reply to a query from Councillor MacGowan, Mr. Barfoot stated that plans show that Busby Street is a through street, and that rough grading will be done although final details have not yet been Completed. On motion of Councillor Higgins Seconded by Councillor Green RESOLVED that the letter from the City Manager with reference to �'�� the letter from Mr. Patrick A. O'Reilly, 15 Knox Court, concerning the gravel pit in the rear of his property, advising that the Building Inspection Department has made four inspections of this pit recently, ��ell �is and in each case the operation has been in conformity with the by -law and that full co- operation has been extended by the owner with respect to any instructions given, be received and filed and a copy of the I� said letter forwarded to Mr. O'Reilly. ,Oewp /s iYgox In reply to a query from Councillor M. Vincent, Mr. Ellis gave a summary of the condition of the said pit at the time of the said inspections and noted that no danger existed at the time the said inspections were made. Discussion ensued on the report which had been submitted to Council from the Council committee on pits and excavations, and Councillor Kipping, chairman of the said Council committee, .��dy IS noted that proposed amendments to the Zoning By -Law with respect to pits and excavations is scheduled for public hearing on June 24th, which will provide for the operational condition of pits and institute certain safety operations, however, the matter of abandoned pits and quarries is another matter, and will have to be. studied by a continuation of the said committee or by anew Council committee. q[ 4 &.&PA1e, 3 Councillor Kipping noted that the pit in discussion meets the present by -law but it.is his opinion COPh• .W., O-Jee 6:2 that operational pits cannot be considered safe. In reply to a query from Councillor MacGowan, /Vij.5 tt �.r,�6Q Councillor Kipping stated that the suggestion that watchmen be engaged during the evening at such pits, tI0O7S as merit. On motion of Councillor Cave efS' 7O/7 Sw /tech Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the City XN�tOh-sr ihse— Manager, Proctor and Redfern Ltd. be engaged as consultants to design and supervise the construction of ,o�g X / he McAllister Industrial Park External Watermain, and.be paid the current scale of minimum fees for �T�` w consulting engineering services, as outlined by the Association of Professional Engineers of the Pro- vince of New Brunswick. zi,easef, 92PP-4 Discussion ensued on the City's method of hiring consultants and several Councillors expressed he opinion that tenders.should be called in such matters. Mr. Barfoot advised the Council that the design and supervision work recommended would amount to approximately $700,000.00 with the engineering fees being as much as 15 %; that the said consultants have opened an office in Saint John employing local people; and that this is a D.R.E.E. project and that the time limit on these funds is expiring. Mr. Barfoot further stated he has been advised by Mr. Robichaud, Assistant Director of Works - Engineering, that the other local consultants are fully committed at the present time in other work of the City, land would not be available for this project. ry�y 4rotzoelllepp A �p �I09 Q9¢ Cole I/O Q'1 36t mr A6wwq. r�& r . -&hlr �e�lyv7vi -�' 67OV3 a'ro/ /ems Question being taken, the motion was carried with Councillors,Green, Gould and A. Vincent ig "nay". At this time the Common Clerk played -back for the Council members a portion of the May 29th eeting, as directed earlier in this meeting. Following considerable discussion, Councillor A. Vincent tated that, with the permission of the Council, he would like the minutes of the said meeting amended o show that the certified cheque deposited by the City was returned by the Armdale, N. S. branch of he Royal Bank of Canada as outlined in a letter dated May 30th, 1974 to Mr. R. Park, Comptroller, from r. J. J. Walsh, Manager of the said bank, a copy of which letter.is to be filed with the Common Clerk: Councillor Davis entered the meeting. On motion of Councillor Higgins • 0 • Seconded by Councillor Cave RESOLVED that minutes of the meeting of,Common Council, held on y 29th last, as amended at this meeting to include the.clarification by Councillor A. Vincent with , spect to the matter of the certified cheque for the Keddy's Motor Inn project, as well as the contents the letter dated May 30th, 1974 to Mr. R. Park, Comptroller, from Mr. J. J. Walsh, Manager of the mdale, N. S. branch of the Royal Bank of Canada, be taken from the table and confirmed. On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED.that the Financial Statements for the month of April ast, be received and filed. On motion of Councillor Higgins • Seconded by Councillor Davis RESOLVED that the letter from the City Manager with respect to brief presented to Council on May 29th last by the Champlain Heights Community Association, advising at Mr. J. C. MacKinnon, Assistant Director of Works - Operations, and Trffic Inspector Russell Moore, I r L J 117 attended a meeting with the said Association and as a result of this meeting; the following decisions were made with respect to the five requests of the Association:- �SSOC°: 111. 'Strict enforcement of speed limit which is now 30 M.P.H., and if possible lowering it to 25 M.P.H.' The speeds as determined by the Saint John Police Department were not considered to be excessively high and it was felt that to lower the speed from 39 M.P.H. to 25 M.P.H. would be unreasonable, considering that Champlain Drive / d� is a through street from Loch Lomond Road to Grandview Avenue; however, it was agreed that closer attention be FW AA given to the speed limit by the Police in the next few weeks. 2. 'Crosswalk on Champlain Drive between Grandview Avenue and Swanton Street; and again on the Drive at Silver // $s -��% Crescent.' It was agreed that a crosswalk be installed at the intersection of Champlain Drive and Swanton C• Street, and Champlain Drive and Sylvia Crescent. ' �•,® "S/ aj 3' 'Three -way stop sign at intersection of Champlain Drive and Swanton Street and Champlain Drive and Dorothea Drive.' In the discussion staff attempted to explain to the Association that technically a three -way stop sign was not a practical solution. However, the Association felt that something different must be installed in order to slow down the traffic. Following further discussion, it was agreed that a stop sign coming either way on Champlain Drive would be installed at the intersection of Champlain Drive and Swanton Street. This stop sign is installed under the authority of Section 3(1) of the Traffic By -Law and is to remain there for a trial period �f of 30 days. ' /J/'f, 4. 'Immediate enforcement of no through trucks and heavy equipment.' The Traffic By -Law deals specifically with ew ly trucks and not with heavy equipment, and any enforcement would only cover the trucks. However, it was explained VehA%s 't�- to the Association that trucks working in the area, or having destinations originating or stopping in the ���jj���g Champlain Heights area, were permitted to go through the area. It was agreed that closer attention would be Tf�%L' given to this problem, and this has been done. 0� -�� 2ty 6E C S 5. 'Continuation of sidewalk on western side of Champlain Drive five houses from Grandview Avenue.' Cost of 4,300 for 700 lineal feet of sidewalk was computed by the Engineering division. The Association were informed that the spending of this amount of money should be considered as a capital item, and approved by Common Council. However, the Works Department is constructing a sidewalk for approximately 360 feet in front of five houses and this is being charged to maintainence. • /,g�%+�� - and that these measures will alleviate some of the conditions, but an early completion of McAllister Drive arterial between the Loch Lomond Road and Grandview Avenue is the only long -term solution, be received and filed. Councillor Cave asked that Council be supplied with a report by staff following the 30 -day period mentioned in paragraph 3 above. Councillor M. Vincent stated he has been asked by the Association to thank the City staff members for attendance at their meeting. On motion of Councillor MacGowan Seconded by Councillor Black RESOLVED that the letter from the City Manager with respect to a brief presented to Council on May 29th last by Mr. Raymond Martin, on behalf of New Brunswick Co- Operative Housing Services Ltd., submitting the following with respect to questions raised by the said group, namely: - 1. Wth respect to the approval of plans, there have been a number of meetings with respect to engineering and CEO —O,o- planning details and there has been no holdback. All these details should be settled by the time of the public heal/ v7'.. hearing on re- zoning which is schedule for June 24th. ,Wueal & 4%a 2. With respect to the annex building, the Co -op have been dealing directly with the N. B. Housing Corporation �9096syo on this, and its disposition is between these two parties. 3• With respect to the names of streets, this is within the overall jurisdiction of the Planning Advisory Com- mittee, who have to ensure, among other things, that existing streets do not change their names as they enter a new subdivision,-and that as far as possible the street names which have been forwarded by Council for use in the naming of new streets be utilized. For these reasons, Danells Drive is fixed as the prolongation of the existing street, and Allingham Crescent is designated for historical purposes. There are, however, a number of un -named streets in the second section of the subdivision which will need to be named. �" m ""'_- 4. With respect to the proposed main street through the park area, staff is in agreement with the Co -op, and a911 � this h b as een eliminated. An alternative emergency exit is to be provided to Sand Cove Road. be received and filed and the New Brunswick Co- operative Services, Ltd. informed of the said report. r• c�X�I O (�IAD�6�L°c7M i'�aei pig . Lr .Ctd. O AY a :6e_111 %�cys 52 On motion of Councillor Black Seconded by Councillor Cave RESOLVED that as recommended by the City Manager, Goodyear Paving be granted permission for an excavation permit to excavate land located on the south of Mabee Road at Green Lake, on the condition that (a) no fencing be required, and (b) that a bond for rehabilitation in the sum of $2,000.00 be required: AND FURTHER that as recommended by the City Manager, J. D. Irving Limited be granted permission for an excavation permit to excavate rock on the west side of Lee's Cove, on the condition that (a) suitable fencing be erected protecting the area being excavated; (b) a gate be erected at the Milford Road entrance; (c) "Danger" signs be erected; and (d) that a bond for rehabilitation in the sum of $1,500.00 be required. On motion of Councillor Black Seconded by Councillor Cave RESOLVED that the letter from the City Manager with respect to quotations received for supplying liquid asphalt to the City for the year 1974, be received and filed and as recommended by the City Manager, the prices submitted by Flintkote Co. of Canada, Ltd. for the supply of R.S.I. and R.S.L.K. emulsions for the year 1974, be accepted. The Mayor stated that the board of management-of the Trans -Canada Telephone System has announced the appointment of Mr. Eldon D. Thompson, Vice - President (Operations) of N B Tel, as President and he expressed the congratulations of the Council and citizens to Mr. Thompson on this worthy appointment. The Common Clerk stated that with regard to the proposed amendments to the Zoning By -Law respecting changes in the text of the by -law, advertising took place and no objections were received. It was noted that no person was present to make comment on this proposed amendment. its .Zoning �y -/� ea►M1.°g6�i�9Q�7'C: OD+ �DUBr�� am G, ewliOpm w7t- pra hiAel@w 6y r?Ohili� .�f1 r� iD -V.0t o 0f./ : l�as�i tea /; Z iii ai WY-0 Q oi1AWA)�`S r , On motion of Councillor Black V Seconded by Councillor Higgins • RESOLVED that the by -law entitled "A Law to Amend the Zoning By- Law'of The City of Saint John and Amendments Thereto" insofar as it concerns the following amendments, namely: 1. Inserting the following two definitions in the appropriate locations in Section 2: (ia) "cabaret" means a cabaret, club or lounge under the Liquor Control Act, Revised Statutes of New Brunswick, and any regulations pursuant thereto; (bea) "tavern" means a tavern or beverage room under the Liquor Control Act, Revised Statutes of New Brunswick, and any regulations pursuant thereto, 2. Inserting the following as a new subsection (3) in Section 5: (3) The Committee, subject to , such terms and conditions as it considers fit (a) may authorize, for a temporary period not exceeding one year, a development otherwise prohibited by this By -Law; and (b) shall require the termination or re- moval of a development authorized under clause (a) at the end of the authorized period. 3. Amending Section 101 by (1) Deleting subclause (xiv) of clause (a) of subsection (1); (2) Redesignating'subclauses (xv) to (xviii) of clauses (a) of subsection (1) as subclauses (xiv) to 7xvii) inclusive; (3) Deleting subsection (4). (4) Redesignating subsections (5), (6) and (7) as sub- sections (4), (5) and (6); (5) Substituting "subsection (4)" for "subsection (5)" in the subclause (xvii) of clause (a) of subsection (1); (6) Substituting "subsection (5)" for "subsection (6)" in clause (b) of subsection (1); (7) Redesignating clauses (d) and (e) in'subsection (2) as clauses (e) and (f) respectively; -(8) Inserting the following as a new clause'(d) in subsection (2): "(d) an office, business or professional ". 4. Amending subsection (2) of Section 101 by: (1) Redesignating clause (e) as clause (f); (2) Inserting a new clause (e) to read as follows: (e) a taxi stand, or; (3) Deleting the word "or" at the end of clause (d). 5. 1. Insering the word "subject to clause (k) of subsection (2) ", at the beginning of clause (a) of subsection (4) of Section 109. 2. Redesignating clause (k) and (1) of subsection (2) of Section 109 as clauses (1) and (m) respectively, and 3• Inserting the following as clause (k) in subsection (2) of Section-109: "(k) a tavern or cabaret in a building or portion thereof in a shopping centre which has no direct access into or from a mall or retail area hallway, a retail or similar area." 6. Amending subsection (2) of Section 183 by: (1) Redesignting clauses-(e) as clause (g); (2) Inserting two new clauses (e) and (f) to read: (e)"a hospital (f) a university, or; (3) Deleting the word "or" at the end of clause (c). 7. Adding the following as subsection (3) to Section 190: (3) For the purposes of this Section, "floor area" does not include garages, basements, carports, verandas or breezeways. 8. Amending subsection (1) of Section 217 by: (1) Substituting the following for clause (k): (k) for a dwelling; one space for each dwelling unit plus one additional space for everyrfour dwelling units in a multiple dwelling having four or more dwelling units, except for 25 per cent of the units ' in a multiple dwelling in an "RM -3" or "B -3" zone or 50 per cent of the units in a senior citizens housing.Eroject; (2) Substituting the following for clause (ka): (ka) for an efficiency apartment; one space for each four units plus one additional space for each 10 units and one space for each dwelling unit other than efficiency units in the building. - be read a first time. Read a first time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". - On motion of Councillor Cave Seconded by Councillor Black RESOLVED thatthe by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns the following amendments, namely:- • 1. Inserting the following two definitions in the appropriate locations in Section 2: (ia) "cabaret" means a cabaret, club or lounge under the Liquor Control Act, Revised Statutes of New Brunswick, and any regulations pursuant thereto. (bea) "tavern' means a tavern or beverage room under the Liquor Control Act, Revised Statutes of New Brunswick, and any regulations pursuant thereto. '2. Inserting the following as a new subsection (3) in Section 5: (3) The Committee, subject to such terms and conditions as it considers fit (a) may authorize, for a temporary period not exceeding one year, a development otherwise prohibited by this By -law; and (b) shall require the termination or re- moval of a development authorized under clause (a) at the end of the authorized period. ' 3. Amending Section 101 by (1) Deleting subclause (xiv) of clause (a) of subsection (1); (2) Redesignating subclauses (xv) to (xviii) of clauses (a) of subsection (1) as subclauses (xiv) to (xvii) inclusive; (3) Deleting subsection (4). (4) Redesignating subsections (5), (6) and (7) as sub- sections (4), (5) and (6); (5) Substituting "subsection (4)" for "subsection (5)" in the subclause (xvii) of clause Ca) of subsection (1); (6) Substituting "subsection (5)" for "subsection (6)" in clause (b)'of subsection (1)-; (7) Redesignating clauses (d) and (e) in subsection (2) as clauses (e) and (f) respectively; (8) Inserting the following as a new clause (d) in subsection (2): "(d) an office, business or professional ". ' 4. Amending subsection (2) of Section 101 by: (1) Redesignating clause (e) as clause (f); _ (2) Inserting a new clause (e) to read as follows: (e) a taxi stand; or; (3) Deleting the word "or" at the end of clause (d). 5. 1. Inserting the words "subject to clause (k) of subsection (2) ", at the beginning of clause (a) of subsection (4) of Section 109• 2• Redesignating clause (k) and (1) of subsection (2) of Section 109 as clauses (1) and (m) respectively, and 3• Inserting the following as clause (k) in subsection (2) of Section 109: "(k) a tavern or cabaret in a building or portion thereof in a shopping centre which has no direct access into or from a mall or retail area hallway, a retail or similar area ". 6. Amending subsection (2) of Section 183 by: '(1) Redesignating clause (e) as clause (g); is (2) Inserting two new clauses (e) and (f) to read: (e) a hospital (f) a university, or; (3) Deleting the word "or" at the end of clause (c). Adding the following as subsection (3) to Section 190: (3) For the purposes of this Section, r 1.19 On motion of Councillor Cave Seconded by Councillor Black y� RESOLVED that the by -law entitled "Saint John East Development Area, Phase ne, Stage One, Development Scheme By -Law" be read a second time. .F�st Read a second time the by -law entitled "Saint John East Development Area, Phase One, Stage One, Develop- ment Scheme By- Law ". y&se Z On motion of Councillor Black 5�!'P -T Seconded by Councillor Gould A=94674 RESOLVED that the letter from the Planning Advisory Committee with respect to the East Land Assembly, recommending that Council, by by -law, adopt the Saint John East Development Scheme, Phase One, Stage 1, subject to the adjustments as noted in the letter, and urging Council to seek a strengthening Ica W of the local office of Central Mortgage and Housing Corporation, with on -site advisory services, and advance publicity for the.projebt, be received and filed and the recommendations contained therein adopted. 1.0MP". On motion of Councillor A. Vincent nn Seconded by-Councillor Black 9T` ,iK My� RESOLVED that the letter from the City Manager with respect to the P� Oi application of Irving Oil Limited to rebuild a service station complex at the intersection of Chesley Drive and ��7 Douglas Avenue, be laid on the table until the next regular meeting of Council. o1�(W/41Vsj7y On motion of Councillor Black AA'114(1*,W Seconded by Councillor Higgins RESOLVED that the letter from the City Solicitor with respect to the application of Irving Oil Limited to rebuild a service station complex at the intersection of Chesley Drive and •�P� ouglas Avenue, and the letter from Mr. W. G. Totten, 404 Carleton Place, objecting to the rebuilding of the said • �� T� service station complex at this location, be laid on the table until the next regular meeting of Council. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that the letter from the City Solicitor with respect to the "floor area" does not include garages, basements, carports, verandas or breezeways. •zaDyi D'il 8. Amending subsection (1) of Section 217 by: (1) Substituting the following for clause (k): (k) for a ��yp/ dwelling; one space for each dwelling unit plus one additional space for every four dwelling units in a'multiple dwelling having four or more dwelling units, except for 25 per cent of the units in a multiple dwelling in an or "B -3" zone or 50 per cent of the units in a senior citizens housing project; (2) Substituting the following for clause (ka): (ka) for an efficiency apartment; one space for each four units plus one additional •d/ space for each 10 units and one space for each dwelling unit other than efficiency units in the building. - be read a second time. Read a second time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and ' Amendments Thereto ". The Common Clerk advised that advertising was completed for a proposed amendment to the Subdivision By- Law, and that no objections in writing were received. It was noted that no persons were present to make ob- jection to the said proposed by -law amendment. On motion of Councillor Black Seconded by Councillor Higgins RESOLVED that the by -law entitled "A By -Law to Amend a By -Law to Regulate ' the Subdivision of Land Within The City of Saint John" insofar as it concerns substituting the following for Section 16 (4), namely:- "(4) The maximum length of a cul de sac is 600' in One and Two Family zones, 400' in P r any other zone and the terminal or turnabout shall be a circular or rectangular area with a minimum diameter or _ width of 124 feet. In either case, the turnabout is symmetrical about the centre line of the street or the exit f the roadway loop is in line with the street. ", be read a first time. Read a first time the by -law entitled "A By -Law to Amend a By -Law to Regulate the Subdivision of Land Within The City of Saint John." On motion of.Councillor Cave • Seconded by Councillor Green RESOLVED that the by -law entitled "A By -Law to Amend a By -Law to Regulate the Subdivision of Land Within The City of Saint John" insofar as it concerns substituting the following for Section 16 (4), namely:- "(4) The maximum length of a cul de sac is 600' in One and Two Family zones, 400' in any _V p other zone and the terminal or turnabout shall be a circular or rectangular area with a minimum diameter or width of 124 feet. In either case, the turnabout is symmetrical about the centre line of the street or the exit of the �fvQy�aL� j` roadway loop is in line with the street. ", be read a secondtime. Read a secondtime the by -law entitled "A By -Law to Amend a By -Law to Regulate the Subdivision of Land Within The City of Saint John ". The Common Clerk advised that advertising was completed with respect to the enactment of a new by -law to adopt a development scheme to carry out a housing development in the Saint John East Development Area, Phase One, ' Stage One, and that no objections in writing were received. It was noted that no persons were present to make ob- jection to the. said proposed by -law. On motion of Councillor Black Seconded by Councillor Higgins RESOLVED that the by -law entitled • "Saint John East Development Area, Phase One, Stage One, Development Scheme By -Law" be read a first time. Read a first time the by -law entitled "Saint John East Development Area, Phase One, Stage One, Develop- ment Scheme By- Law ". On motion of Councillor Cave Seconded by Councillor Black y� RESOLVED that the by -law entitled "Saint John East Development Area, Phase ne, Stage One, Development Scheme By -Law" be read a second time. .F�st Read a second time the by -law entitled "Saint John East Development Area, Phase One, Stage One, Develop- ment Scheme By- Law ". y&se Z On motion of Councillor Black 5�!'P -T Seconded by Councillor Gould A=94674 RESOLVED that the letter from the Planning Advisory Committee with respect to the East Land Assembly, recommending that Council, by by -law, adopt the Saint John East Development Scheme, Phase One, Stage 1, subject to the adjustments as noted in the letter, and urging Council to seek a strengthening Ica W of the local office of Central Mortgage and Housing Corporation, with on -site advisory services, and advance publicity for the.projebt, be received and filed and the recommendations contained therein adopted. 1.0MP". On motion of Councillor A. Vincent nn Seconded by-Councillor Black 9T` ,iK My� RESOLVED that the letter from the City Manager with respect to the P� Oi application of Irving Oil Limited to rebuild a service station complex at the intersection of Chesley Drive and ��7 Douglas Avenue, be laid on the table until the next regular meeting of Council. o1�(W/41Vsj7y On motion of Councillor Black AA'114(1*,W Seconded by Councillor Higgins RESOLVED that the letter from the City Solicitor with respect to the application of Irving Oil Limited to rebuild a service station complex at the intersection of Chesley Drive and •�P� ouglas Avenue, and the letter from Mr. W. G. Totten, 404 Carleton Place, objecting to the rebuilding of the said • �� T� service station complex at this location, be laid on the table until the next regular meeting of Council. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that the letter from the City Solicitor with respect to the 1�(1 Advil_ �iiq G'Feeh ��S--'mod =d: v ✓p4D! g-eeQ9 &-m-WADWy TnaI�JT �� o•.la� g zakef/ wd s65 request of Mr. John Green that Council grant permission to Mr. Green to give one building lot on the right -hand side of the John Green Road in South Bay to his son, and to sell one building lot on the left -hand side of the road; advising that the issue in this matter has arisen because of the City's Planning Department and Works Department are'insisting on conditions which Mr. Green believes unreason- able in the circumstances; further advising that he has examined the Community Planning Act, the Zoning By -Law and the correspondence from City staff to Mr. Green and that through the Community Planning Act Council has seen fit to enact the Zoning By -Law and the Subdivision By -Law for the purpose of controlling the orderly use of land in the City, and with.the enactment of such legislation by the Province and in turn by the Council, all citizens are caught by the regulations and controls which Council has seen fit in its wisdom to adopt and in view of the foregoing, Mr. Green cannot receive from Council relief of the nature requested while the present laws are,in existence with respect to land use planning, be referred to the Planning Advisory Committee for a report and recommendation. On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that the letter from the City Solicitor with respect to the recommendation of the City Manager to Council at its meeting of May 29th last that the tender of Gerald J. Ryan Company Limited, in the amount of $96,686.25 be accepted for the installation of a sanitary sewer in Lakewood Drive, Charles Street, Ann Street and Lensdale Crescent in Lakewood Heights, as the lowest bidder, Earthco Ltd. did not have a bid bond, nor were the unit prices written out in words, advising that he has. examined the correspondence with respect.to this tender,call and it is his opinion that the Tendering Committee and the City would be incurring an unnecessary risk in awarding the contract to the lowest bidder without the actual bid bond being available for examination, and having regard to the fact that the City is not bound to accept the lowest or any tender, and in the absence of a bid bond as was the case in this instance, it is his opinion that the recommendation of the Tendering Committee and the City Manager are legally proper, be received and filed: AND FURTHER that the recommendation of the City Manager to Council at its meeting of May 29th t, that the tender of Gerald J. Ryan Company Limited, in the amount of $96,686.25, be accepted for installation of a sanitary sewer in Lakewood Drive, Charles Street, Ann Street and Lensdale Crescent Lakewood Heights, as the lowest bidder, Earthco Ltd.did not have a bid bond, nor were the unit prices • tten out in words, be adopted. Question being taken, the motion was carried with Councillors A. Vincent,.Gould, Parfitt and voting "nay ". . Councillor Davis suggested that,the City should re- examine its tendering procedure as it was not the intention of the Council committee which drew up the procedure that such regulations should be so rigid. IIOn motion of Councillor Cave ,,// / Seconded by Councillor Higgins_ t/NlwI7 7/(Q/�N� RESOLVED that as requested by the Redevelopment Officer, I/- �`//ZLOO approval be granted for payment of the award of the Land Compensation Board in the amount of tAg,"d Ai Rd- $10,200.00 plus 5% interest per annum from the date of expropriation,,being June 21st, 1971, to the ,—sX� / date of payment for the properties known as F- 11 -4 -4, 5 (274 and 270 Chesley Street) to the J. D. Hazen Estate, and that further approval be granted for payment of the award of the said Board in the amount of .4fStcT0. h�PZC $3,000.00 plus 5% interest from the date of expropriation, being December 2nd, 1970, to the date of pay- A 7//7 La � 70 ment for property known as F- 6 -10 -8 (Smythe Street) to the J. D. Hazen Estate. C'ge51tr xt On motion of Councillor Green Seconded by Councillor Higgins . �+1 RESOLVED that as requested by the Redevelopment Officer, uthority be granted to advertise the proposed closing of a portion of Hilyard Street as shown on the / 1 attached sketch, as a portion of this area of land will be incorporated into the development of Site �7. "F" of the North End Urban Renewal Scheme, and the remainder will form part of the new Chesley Street. Councillor Kipping voted "nay" to the above motion as he does not feel that enough information has been contained in the said report with regard to the location of Site "F ". 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 begs leave -,to report that it sat on May 6th, 1974, when there were present /l, /1 Mayor Lockhart, Deputy Mayor Higgins, and Councillors Cave, Davis, Green, Kipping, Murphy, MacGowan, �'/l /�,rGT9 arfitt, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recom- %77 hiendation, namely: - S. ✓Fite 1. That approval be granted of the changes in the Working Agreement between the City of Saint Pi John and the Saint John Fire Fighters' Association, Local No. 771 as outlined in the letter from the Acting City Manager dated May 3rd, 1974, and that the Mayor and Common Clerk be authorized to execute on behalf of the City the necessary amendment to the Working Agreement in this regard, which relates to ,provisions to allow for advancements within the Fire Prevention Division of the Fire Department. Respectfully submitted, 2th June, 1974, (sgd.) Thomas J. Higgins, aint John, N. B. C h a i r m a n. On motion of Councillor Black • Seconded by Councillor Higgins RESOLVED that the above report be received and filed and the • ndation contained therein adopted. F_ 1J L "ale Z4 /i s • _/_ ^Pft oevnr; ., o R ^i ;V/0"A. AZ �q C.-Dlwf4p. /V ®JS /X0 Al • /�i�/ grcp Xcali e 0� MAM idle i S4*5 Z. . •ID'°6� %yy�i��Gj 121 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 begs leave to report that it sat on May 29th, 1974, when there were present Mayor Lockhart, and Councillors Cave, Davis, Green, Higgins, Kipping, Murphy, MacGowan, Parfitt, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, namely:- 1. That permission be given to the Loyalist Days Committee to establish kiosks in the band stand area in King Square for a mall during 1974 Loyalist Days on the basis that such permission is being given to the said Committee only and as an experiment for this year and is not to be construed as setting a precedent and that the Committee meet with the Recreation and Parks Department regarding the establishment of the said mall. Respectfully submitted, 12th June, 1974, (sgd.) A. R. W. Lockhart, Saint. John, N. B. C h a i r m a n. On motion of Councillor Black Seconded by Councillor Higgins RESOLVED that the above report be received and filed and the recom- mendation contained therein adopted. Moved in amendment by Councillor MacGowan Seconded by Councillor Davis I. RESOLVED that permission be given to the Loyalist Days Committee to establsh kiosks in the band stand area in King Square for a mall during 1974 Loyalist Days on the basis that such permission is being given to the said Committee only and as an experiment for this year and is not to be construed as setting a precedent and that the Committee meet with the Recreation and Parks Department regarding -the establishment of the said mall, and that immediately following Loyalist Days they be removed and an appraisal be made as to the amount of damage involved, if any, and'a recommendation submitted by staff to Council with ,respect to such use for another year. Question being taken, the amendment to the motion carried. Question being taken, the motion as amended carried. On motion'of Councillor Higgins Seconded by Councillor Gould RESOLVED that as per the recommendation of the Market Committee, as noted in the letter dated May 28th, 1974 from Mr. John G. L. Enright, Deputy Market Clerk, to Councillor Ralph Black, Chairman of the Market Committee, approval be granted to lease Stall Number 15, counter C -12 known as Perry's Market 1973 Ltd., to Mr. LeRoy MacLean, 3 Exmouth Street, for the purpose of operating an antique shop, for the sale of small items only. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Schedule "A" of the Mobile Home Parks By -Law be amended by substituting the submitted print for sheet number 6, the effect of which will be that the area shaded on the print will be designated as the area which may be used for the Latimer Lake Mobile Home Park, subject to: (1) the owner of the park correcting the slope of the existing excavation behind the Bizeau property and /or erect a protective fence there; (2) having regard to the total ,number of spaces (616) and the potential number of persons resident in the park, the owner undertakes the development of the proposed recreation area simultaneously with the development of the extension; and (3) it being understood that no further increase in the size of the mobile home park will be permitted, at least until the Latimer Lake Road can be improved to cope with the probable traffic likely to be generated: AND FURTHER that as recommended by the Planning Advisory Committee subsection (1) of Section 4 of the Mobile Home Parks By -Law be amended by substituting the words "Sheets 1 to 6" for the words "Sheets l to 4" presently appearing therein, to indicate that there have now been six different areas designated for mobile home parks and not the four so designated at the time of the passing of the by-law: i AND FURTHER that the letter from the Planning Advisory Committee advising that the above recommendations 'arise from an application of Nova Mobile Homes Ltd. for an extension (Phase 2) to the existing Latimer Lake Mobile Home Park, be received and filed. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that the letter from the Planning Advisory Committee with respect to the application of A. C. Fairweather & Sons Ltd. for re- zoning of a parcel of land on the northern side of Ashburn Road at its intersection with Drury Cove Roa, containing approximately 19.81 acres, to "I -1" Light Industrial to permit construction of an office and warehouse, recommending that the 200 square foot area shown on the submitted sketch be re -zoned from "RF" Rural to "I -1" Light Industrial, be received and filed and authority be given to advertise this proposed re- zoning, pursuant to Section 39 of the Community Planning Act which would limit the use in accordance with plans to be approved by the Planning Director and•flled with the Common Clerk. On motion of Councillor MacGowan Seconded by Councillor Kipping . r RESOLVED that the letter from the Planning Advisory Committee with respect to the application of Irving Oil Limited for permission to rebuild a service station complex at the intersection of Chesley Drve and Douglas Avenue, be laid on the table until the next regular meeting of Council. 122 A1200. Ad vis_ cram Yl. om 000a /d .fester /rlokle Xoine .Wd�s�i 1j sSehiz Alp fiord eS&4 /02/7d 6,76PAYA71A RC Bishop of S. �esaihded 6, y «/ 86, �6is Boor) C/�aissoh Re minded Q.9o, tact. 02 , i 77,1 (P.237­�4t17 is Book) NAB Lo -OA A 0 Services td 4e -zoo: Hy S-2-07'a /whd asmemM lJ si ee /Y. • A15 .9. Pe ca // �B�OG°L° d�dC ire., first,! 2) A/ ke d ///�lortya e 4 O�Jl.I7 . l l7 o7fJ L° I � On motion of Councillor MacGowan Seconded by Councillor Cave RESOLVED that the letter from the Planning Advisory Committee, ad- vising that on December 17th, 1973, Council gave temporary permission to Mrs. Donald Lester to place a mobile home on her property at 291 -293 Simpson Drive for six months, to be occupied by her mother; that an inspection reveals that Mrs. Lester did not obtain the necessary permit from the Building Inspector, and that her mother is still living in the mobile home and has no intention of removing it at the ex- piration of the period, that is June 17, 1974, and advising that the Planning Advisory Committee would not recommend the continued use of a mobile home at 291 -293 Simpson Drive and that an application for renewal of the said temporary use should be before Common Council in the near future, be received and filed and the recommendation adopted. On motion of Councillor Gould Seconded by Councillor Black RESOLVED that as recommended by the Planning Advisory Committee, the Council assent to the subdivision plan for Bon Accord Subdivision, Phase 1, a copy of which is being filed with the - Common Clerk. Councillor M. Vincent voted "nay" to the above motion. On motion of Councillor Gould Seconded.by Councillor Green RESOLVED that as recommended by the Land Committee, an area of land located to the rear of Saint Rose Church on Milford Road, Saint John West, containing approximately .89 acres, be sold to the Roman Catholic Bishop of Saint.John for the appraised value of $2,200.00. On motion of Councillor Gould E Seconded by Councillor Cave • RESOLVED that as recommended by the Land Committee, an area of City - owned land located on the Sandy Point Road, containing approximately 10,780 square feet, be deeded to Mrs. Beatrice Chaisson, for the sum of $400.00, in return for which Mrs. Chaisson will deed to the City an area of land located on the Sandy Point Road, containing approximately 8,879 square feet. Mr. Raymond Martin, spokesman for New Brunswick Co- Operative Housing Services Ltd., was present at the meeting asking for the City's support in their efforts to have the 4.21 acres in the Saint John West land assembly which is to be used for multiple housing, re -zoned for single unit housing for co- operative housing use; in regard to the lower area, asking for the City's support in approaching the New Brunswick Housing Corporation to start the development of this area immediately to be made available for co- operative housing in March 1975, and asking for the City's support by way of a delegation to Fredericton to supply the needed pressure to speed up this development. Following discussion of the proposed co- operative housingproject and the requests presented by Mr. Martin on behalf of the New Brunswick Co- Operative Housing Services Ltd., the delegation withdrew. The Mayor noted that the Council would take this matter under consideration and render a decision. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the letter from Councillor Kipping, proposing that the following resolution be adopted by Council, namely:- "RESOLVED that the City Solicitor be instructed to examine the past and available legislation and report to Council on what steps are required by Council in order to have a recall provision in existence for the recall from office of anyone elected to munici- pal office in Saint John ", and noting that such a procedure did exist before the 1967 amalgamation, but, due,to legal complications it apparently was nullified and not made valid again in the amalgamated city, be referred to the incoming Council. Question being taken, the motion was carried with Councillors Davis and MacGowan voting "nay" On motion of Councillor Black Seconded by Councillor Higgins RESOLVED that the letter from Mr. D. H. Garey, Secretary, First L.D.H. Ltd., advising that the following resolution was adopted at a meeting of the Board of Directors on June 6th last, namely:- "RESOLVED that a letter be forwarded to the Common Council advising that the Company feels it should give a second mortgage to the City to formalize the indebtedness due to advances by the City to cover deficits to date and loans, so that a permanent record of each year's operation could be maintained. ", be referred to the Commissioner of Finance for a report and recommendation. On motion of Councillor A. Vincent Seconded by Councillor Higgins RESOLVED that the letter from Mr. D. H. Garey, Secretary, First L.D.H. Ltd., advising that the Board of Directors has accepted the recommendation of its consultants & that a proposal submitted by Leonard Roofing & Metal Workers Ltd. for new roofing at the Millidgefield apartment complex at a price of $76,800.00, subject to proper contract documents being prepared, and the project to be based upon adequate and proper inspections during the construction period, and further advising that the cost of repairs to apartments damaged by previous leakage is estimated at $15,000.00 and that the Board is pleased to advise that the anticipated total cost will be within $100,000.00, be received and filed and Council authorize First L.D.H. Ltd. to proceed with the renovation work at the /%'wok,$ Millidgefield apartment buildings with respect to the replacement of nine roofs-on the basis that /�eo/Aei/'. ;Foi/ l $100,000.00 will be guaranteed by the City as a capital loan to the Company for this.work. In reply to a query from Councillor Green, Councillor A. Vincent, a member of the above Board of Directors, stated it is not the intention of the Board to recover the above costs through increased rentals. On motion of Councillor Black Seconded by Councillor Green RESOLVED that as requested by Loyalist Days Inc., a civic luncheon �p its j9W be held by the City during the forthcoming Loyalist Days celebration, on the same terms as in previous years. • 1 • I r S. Xr,-, Aeart% 0 )iCeR �� St I S~e-" g�sr7 %�'IS � Jtih� &O. 123 On motion of Councillor Black Seconded by Councillor MacGowan RESOLVED that the letter from Saint John City Hall Employees' Local #486, C.U.P.E., bringing to the attention of Council the problem of the heating system in the City Hall building with the hope and trust that something may be done to rectify this problem, be referred to the City Manager for a report and recommendation. Councillor A. Vincent stated he would like to know what the new boiler was charged to which was recently installed in this building, as if it was charged to maintenance the City will be charged with a portion of the cost. On motion of Councillor Black Seconded by Councillor M. Vincent RESOLVED that the petition from residents of Bay Street, Saint John West, requesting that consideration be given to the extension of water and sewerage services in their area, be referred to the appropriate civic departments for a report to Council. On motion of Councillor Cave Seconded by Councillor Davis RESOLVED that the letter from Mr. R. D. Kincade, Central. & Nova Scotia Trust Company, advising that he has recently purchased 6 six - family properties on Somerset Street and the new street was recently approved as Magee Place, and requesting that the said street name be changed to Somerset Terrace, be received and filed. Mr. Barfoot stated that Mr. Zides has been in communication with Mr. Kincade and has suggested to Mr. Kincade that he thoroughly check out the proposed street name before the street name is requested to be changed. On motion of Councillor Black Seconded by Councillor Cave RESOLVED that the request of Mr. and Mrs. Hermel Desjardins for permission to locate a mobile home at the intersection of Williams Street and Hawtrey Street, as shown on the submitted sketch, on compassionate grounds for a period of one year, be referred to the Planning Advisory Committee for a report and recommendation at the next regular meeting of Council. ctmm. On motion of Councillor Davis Seconded by Councillor Black RESOLVED that the letter from Mr. D. F. MacGowan, solicitor, advising that MA7 Carleton -Kirk United Church, in respect of its property on Guilford Street, finds that no deed was apparently l4we ever given to it of City Lots 874 and 875, more fully described in the submitted description, and that he has therefore been instructed by the Church to make application to the Council for the delivery of a deed to the '�l•�ugj Trustees of Carleton -Kirk Congregation of the United Church of Canada at Saint John West of these two lots, be 0. referred to the Land Committee and the City Solicitor for a report and recommendation. ep -1096 RV epodwm- Poe �D9Oc�f° �ti �f.Z�o75' .7;4- eoii /e old fload4 pp & leo? JMyopi 42�g oat e"Me `k �,�y /p ®`D9i87. �c�g.G /'ate AWIle 40M • ®�p'sZ/ao'tx I / P-e 4%04 2f- -�e� a' mpy /w On motion of Councillor M. Vincent Seconded by Councillor Kipping RESOLVED that the letter from Mr. P. E. Godsoe, Co- ordinator, Crime Prevention Group, in regard to a resolution of Common Council of February 26th last to have Council meet with the Minister of Justice regarding the petition for the formation of a citizens' committee in accordance with the Juvenile Delinquent Act, advising that it would be appreciated if Common Council would make good their resolution and go through with such a meeting and advise of the outcome, and stating that this past year Common Council has completely evaded the troubled and troublesome youth problem in this community as the result of agency pressures and the fear of the Youth Service Bureau bringing pressure to bear on the educational system for change, be received and filed, and referred to the Mayor's committee on crime prevention. Councillor M. Vincent stated that the two statements of Mr. Godsoe, contained in the above resolution, are erroneous - the Common Council did in fact make good the resolution and did go through with the meeting - there was no request that the Training & Development Institute Limited through Mr. Godsoe be advised of the out- come. He further stated that he hopes the second statement would not be received by the citizens as being fact and that it is completely erroneous. On motion of Councillor Cave Seconded by Councillor Green RESOLVED that the request from the Church of Jesus Christ of Latter -Day Saints for erection of a display in King Square during the summer months, be referred to the City Solicitor for a report and recommendation. 3 On motion of Councillor Black Seconded by Councillor Gould RESOLVED that the request of Mr. and Mrs. Charles H. Moyer for permission to locate a mobile home on City Line, West, on a temporary basis, be referred to the Planning Advisory Committee for a report and recommendation at the next regular meeting of Council. Councillor Green stated that in speaking with Mrs. Moyer she stated that because she did not purchase her mobile home from a certain firm they could not locate in a certain mobile home park in the City. He stated he finds this very disturbing and feels there should not be any restriction of this kind for the location of mobile homes in mobile home parks in the City. He suggested that the City Manager submit a report to Council on this matter. The Mayor stated that he would recommend to the City Manager that dn'ongoing information programme on mobile home parks be forthcoming and that some kind of a pamphlet be prepared that would be available to the public. On motion of Councillor Black Seconded by Councillor Gould RESOLVED that the request of representatives of the Fire Relief Fund, which was set up by a community- minded group of citizens as an emergency fund to aid those affected in a recent rash of J 124 fires in the Valley area of the City, for financial assistance from the City, be referred to the budget committee. "A • At this time the by -law entitled By -Law Respecting Standards for Maintenance and Occupancy of Buildings and Premises" was read in its entirety. On motion of Councillor Davis �y} Seconded by Councillor Black 0e4VP �S RESOLVED that the by -law entitled "A By -Law Respecting Standards for Maintenance .5?147h and Occupancy of Buildings and Premises" be read a third time and enacted and the Corporate 8����%1/ Common Seal affixed thereto. rlwaf ON In reply to a query questioning if the said by -law followed the recommendations submitted by the committee of which Dr. Leonard Higgins was chairman, Mr. Rodgers stated that the by -law adopts the Provincial Code by reference'as well as certain administrative matters which the Committee felt were necessary but does not adopt other matters which the Committee felt were necessary as the Council has not been given the legislative authority by the Province to adopt such matters. He stated that once third reading is given to this by -law, it will be necessary to obtain the approval of the Lieutenant - Governor-in- Council. In reply to a query from Councillor Kipping, the City Manager stated that the reason for the staff's desire to have this by -law implemented as quickly as possible was that the allocation of N.I.P. funds was in part dependant on the municipality adopting a minimum standards by -law. ' On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the above motion be laid on the table until the next regular meeting of Council. Question being taken, the motion was carried with Councillors Green, M. Vincent, Higgins, A. Vincent, Cave, Black and Parfitt voting "yea" and the Mayor and Councillors Gould, Davis, MacGowan and Kipping voting "nay ". • On motion of Councillor A. Vincent zL�%�ahJ�1/G Seconded by Councillor Green �Bq�M3 RESOLVED that the interim invoice from Peat, Marwick & Partners to April 30th, 1974, in the amount of $2,000.00, with respect to the recent search for a City Manager, be laid on the table pending a meeting with officials of the said firm. Councillor Kipping voted "nay" to the above motion. On motion The meeting adjourned. ommon k. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty - fourth day of June, A. D.'1974, at 3.30 o'clock p.m. present • A. R. W. Lockhart, Esquire, Mayor Councillors Cave, Davis, Green, Higgins, Kipping, MacGowan, A. Vincent and M. Vincent The Mayor called the meeting to order. The Mayor stated that former Mayor, Joseph A. MacDougall, set up the Mayor's Fund to Aid Children in Africa and that the particular purpose of that fund was satisfied years ago but the proceeds J. � _5' rK " of the fund remained; this Council changed it and made it the Mayor's Fund and over the past three years a number of organizations made donations to the Fund which is to provide charitable funds outside the / realm of public funds; the Fund had built up to some $13,000.00, and he divided this sum equally among the following recipients:- Dr. William F. Roberts Hospital School - for recreational purposes; New Brunswick Protectant Orphans' Home; Saint John Boys' and Girls' Club - for their camp programme; Police Athletic League - for youth activities; Young Adults' Group of the Multiple Sclerosis Society; United Commercial Travellers Chapel Grove Incorporated; YMCA Sunday Programme; Shriners' Crippled Childrens Hospital; Lancaster Lions Club - for Little League activities; Club Richelieu - for their provision of shoes for children; YWCA - for their campers' activities; Diabetic Association of Saint John - for their camp fund; Canadian Association for the Mentally Retarded - for their Saint John Branch; Salvation Army -'for family activities; New Brunswick Summer Music Camp; Kennebecasis Lions ' Club; Centre Valley Association - for the relocation and assistance of families; Crescent Valley Day Care Centre; Champlain Heights Community Association - for the development of the recreational sites in that particular area; the Columbian Squires of the Knights of Columbus - for youth activity. He stated that, in addition, through the assistance of Councillor A. Vincent and the International Brick- layers, an additional sum has been donated to the Fund which will go to the following senior citizens groups in our community:- Glen Falls Gems; Martinon Golden Age Group; Carleton Golden Age Group; Executive Committee for Assistance and Organization; Golden Harps; Old Black River Road Golden View Serniors. He noted that this disposes officially of the said Fund, and.stated he is sure that the incoming Mayor would want to make use of the Mayor's Fund, himself. • At this time, Deputy Mayor Higgins made a presentation of a gift to Mayor Lockhart, end expressed the honour he has felt to serve with Mayor Lockhart on Council and to serve as Deputy Mayor r 125 Mayor Flewwelling called the meeting to order. ' A special invocation was offered by His Excellency, Bishop Arthur J. Gilbert, Bishop of the Diocese of Saint John. Mayor Flewwelling then gave the following address: "Members of the Council, Your Excellency, Mr. Lockhart, and former members of Council, guests and citizens of Saint John. First on behalf of all citizens of Saint John I would like to thank Mr. Lockhart, Mr. Murphy, Mr. Gould and Mr. Black for the years of service given to this city and for contributing in no small measure to many im- provements in our amalgamated city. It is my sincere hope they will continue to manifest an interest in our ..city. • My person thanks to His Excellency, Bishop Gilbert for not only honouring our first meeting, but more particularly, requesting Almighty God to guide us in our deliberations through the term of office. Well begun is half done. to him, and on behalf of all the Council members, he wished Mayor Lockhart all success as he returns to another • field in which he has attained great success - namely, the news media field. He expressed the hope that the new Council and the new Mayor can bring to fruition many of the things that Mayor Lockhart has started with his initiative and hard work and the co- operation of the outgoing Council. He thanked Mayor Lockhart for the comradeship that the Mayor and the Council members had shared during their term of office together. Mayor Lockhart accepted the gift with suitable words of appreciation. The Council members at this time indicated their gratification at having worked and served•withi Mayor Lockhart and the outgoing members of the present Council over the past years of office. Mayor Lockhart felt that the strides in the City that have been made by this Council speak for them- selves, and that a good deal of the work that has been done was in laying the stage - in terms of reorganization, in staff changes and appointments - and in laying the framework for a better city organization, and stated he Cost believes that the benefits will accrue long after this particular Council has passed away. He stated that he osc.°/ believes the single, most on =going challenge that the City faces would be to continue to develop the friendships that exist between Saint John and other cities in the Maritimes, and he believes that the close association now (O existing between our city and the towns od Digby, Middleton, Weymouth and Yarmouth in Nova Scotia, with a new era dawning in the Bay of Fundy region, can and will be developed. He felt that the new Council will implement, also, what he believes to be a very forward step, in the organization of a regional planning commission which will tie together Sussex, Saint John, St. Stephen and those areas; he believes that this outward vision held by Saint John will permit us to grow and develop in harmony and in co- operation with the other areas around us. He stated that everything he has done while serving on the Common Council in the past five years has been to develop and support the growth of our beloved City of Saint John and our Province of New Brunswick, and that while his job may change, certainly nothing in those objectives - in those aims - will be changing. Mayor Lockhart stated that with the civic election now behind us, all of us are putting our support fully behind the new Mayor and the incoming Council with the hope that some of the problems that the present Council faced will not be theirs, some of visions that this Council had will be realized, and that some of the dreams will come to fruition. He extended his thanks to the staff of the City for the service they have rendered, and are continuing to render to the City in dedicated and high -level manner. To his fellow Councillors, he expressed his thanks for three exciting and rewarding years of service together and assured the incoming Council • of his support as a private citizen, and stated he feels that the Ciy is heading into the three most exciting years that this City or the Atlantic Provinces have ever seen. . On motion The meeting adjourned. ' ommon C 1 k. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty - fourth day of June, A. D. 1974, at 4.00 o'clock p.m., being the day fixed for swearing in the new members of the Common Council Mr. F. S. :,Haycox, Sergeant -at -Mace, entered the meeting bearing the City Mace, and he was followed in procession by Mr. H. M. McKay, Marshal, Mr. D. H. Garey, Common Clerk, Councillors -elect M. A. Vincent, Albert A. // Vincent, Frederick D. Hodges, Kenneth R. Gould, Thomas J. Higgins, Samuel Davis, Edna M. MacGowan, Eric J. Kipping, Leo P. Pye, Hartley G. Green and Fred Cave and Mayor -elect Edis A. Flewwelling. • ����/�/ / Edis A. Flewwelling, Mayor - elect, took the Oath of Mayor before the Common Clerk of the City of Saint �1 oJ6P//�1Fa /� John. He then assumed the Chair in Common Council. /l M. A. Vincent, Albert A. Vincent, Frederick D. Hodges, Kenneth R. Gould, Thomas J. Higgins, Samuel Davis, Edna M. MacGowan, Eric J. Kipping, Leo P. Pye, Hartley G. Green and Fred Cave did individually take the Oath of Office, and took their seats the Council Board. Councillor Joan D. Parfiit, who was absent from the city at this time, took the Oath of Office before the Common Clerk on June 12th last. Also present were Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Assistant Director of Works - Operations, C. Robichaud, Assistant Director of ' Works - Engineering, P. Clark, Fire Chief, R. H. Stone, Deputy Chief of Police, C. E. Nicolle, Director of the Recreation and Parks Department, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, A. Ellis, Building Inspector, D. Carter, Economic Co- Ordinator, and F. Grass, Information Officer, and a large assembly composed of relatives of Council members, and other interested citizens. Mayor Flewwelling called the meeting to order. ' A special invocation was offered by His Excellency, Bishop Arthur J. Gilbert, Bishop of the Diocese of Saint John. Mayor Flewwelling then gave the following address: "Members of the Council, Your Excellency, Mr. Lockhart, and former members of Council, guests and citizens of Saint John. First on behalf of all citizens of Saint John I would like to thank Mr. Lockhart, Mr. Murphy, Mr. Gould and Mr. Black for the years of service given to this city and for contributing in no small measure to many im- provements in our amalgamated city. It is my sincere hope they will continue to manifest an interest in our ..city. • My person thanks to His Excellency, Bishop Gilbert for not only honouring our first meeting, but more particularly, requesting Almighty God to guide us in our deliberations through the term of office. Well begun is half done. 126 I� I feel it is significant that we have taken office on this historic date, June 24, St. John the Baptist day, from whence the River received its name, and subsequently our city received its name. • I am placing before you, the Council, the following matters and proposals for your consider- ation, evaluation and such action as you deem appropriate. 1. The provision of adequate housing is a pressing need for our city. I propose early consider- ation and evaluation of this matter be given. The Saint John Housing Commission is a legal body having certain authority in relation to housing and to some civic housing units. I have found that the member- ship of this Commission has been allowed to decrease and there has been no chairman since 1971• I propose that at the next meeting of Council a new chairman be appointed and the vacancies filled and the Commission requested to give immediate consideration and report to us on what phases of the Housing Task Force Report ' made in 1972 are still of value and how to implement them. 2. There is a growing problem respecting traffic and safety. I believe that there are many citizens willing to serve their community who could contribute their knowledge and talent in respect to analyzing and presenting for our consideratian from time to time changes to improve both traffic and safety in respect to traffic. I propose that a new traffic and safety committee be created composed of suitable citizens, a representative from Council and such staff as is deemed appropriate. 3• There is provision for the appointment of liaison Councillors to each civic department. I ' propose as an interim measure, and as a means of having Councillors become acquainted with various de- partments that the Council appoint a liaison Councillor to each department, such appointments to be changed or rotated each six months. 4. The City of Saint John is a major transportation centre; not only for shipping, but trans- portation in other forms, including airways, and forthcoming pipe lines. It appears that there may be some benefit to the City in a readjustment of 'the function of the present Port and Industrial Commission, and I propose that consideration be given to the creation of a shipping and transportation commission to serve the City in these fields. 5• It also seems apparent that there needs to be some central clearing bureau or centre, and office • to assist not only industrial but also commercial expansion and development. I propose that consider- ation be given to the establishment or creation of a civic department or a commission to co- ordinate and assist those interested in our commercial and industrial development. 6. It appears that a re- appraisal of the methods of Council operations could be beneficial. I Propose that consideration be given to a new organization of committee of Council to expedite the civic business and accommodate the citizens, and yet save the time of the Councillors in the routine matters which come before the Council. 7. The-increasing importance of establishing working relations with Provincial and Federal governments is obvious. I propose that greater effort be made to involve the seven Members of the Legis- lature who represent portions of our city in our relations with the Province. Similarly, I propose that greater efforts be made to involve our three Members of Parliament I represent portions of our city in our relations with the Federal government. The development of the city is governed to a large degree by our capital spending. I propose hat long range capital budget programmes be instituted and made public, with tighter control over apital expenditure to ensure the orderly development of services to our unserviced areas and to assist evelopers in projecting their requirements. 10. The method of conducting Council meetings in line with procedures followed by the Legislature and some municipalities appears to have merit. I will propose for your consideration some changes in procedures of meeting to facilitate our work. 11. A field which is of growing importance to the City is the tourist and convention business. Saint John has not attained the position in this field which is warranted. I will propose for your consideration some reform and re- organization of our tourist and convention programmes to ensure the City receives the greatest benefits from this fast expanding field. • 12. To expedite the continued development of our city clearer directions respecting our urban re- development programme appears to be in order. The work of the Urban Renewal Commission has become in effective, due to the non appointment of its members since 1972. I will propose the Commission be re- instated and certain administrative changes be made in relation to our urban development concept. 13• With the changing structure of our society, recreation is becoming a fundamental part of our pattern of life. I will propose for your consideration certain concepts in improving recreational facilities for all our citizens. ' 14. I believe the use of those of our citizens who, while unable to serve as elected representatives, are willing to give of their time and talents in various capacities is desirable. In particular, we should use the talents of our young men and women. I propose that continued and expanded use of our citizens be undertaken so a broad spectrum of talents may be utilized for the benefit of the city as a whole. There are some boards, commissions and committees which have not had appointments to fill vacancies to enable them to operate effectively. I propose that we take early action to complete the appointments necessary to enable these to function effectively. In order that we can get Council committees active as quickly as possible, I am recommending , for your approval the following for a Nominating Committee - Councillors MacGowan, Davis, Hodges, Pye, and myself as chairman. Members of Council, we have a hard task ahead of us. Each of you will be called upon to sent your ideas and views from time to time in relation to civic matters, and I look forward to eiving such ideas. The matters I have just outlined are not the only items of concern which we will be expected consider. I have presented these to you as the basis for a programme of positive action which I st will see all of us united in our efforts to govern this city in an effective and beneficial • ner. In conclusion, on behalf of all Councillors, I wish to express our thanks to the public for confidence placed in us, and to publicly state that we expect to conduct City business to the best our collective ability, and to behave at all times in a manner that our citizens may be proud of us." Alayo y s ay O069 6&0.47v/ll p° 127 On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the above address given by Mayor Flewwelling be received and filed. The original motion proposed regarding the above address was for tabling same and to have it recorded, 'land Councillor A. Vincent raised the question that if it were tabled, we have no Nominating Committee. Councillor Higgins indicated that in receiving and filing the address, his motion has the effect of appointing the Nomin- ating Committee, as recommended. On motion of Councillor Cave Seconded by Councillor A. Vincent RESOLVED that Thomas J. Higgins be elected Deputy Mayor of the City Saint John. Question being taken, the motion was carried by the unanimous vote of all Council members present. The Mayor declared Councillor Higgins elected as Deputy Mayor of the City of Saint John. The Common Clerk advised that the necessary advertising was completed regarding the proposed amendment o the text of the Zoning By -Law (Excavation of Land) by substituting a new Section 9 and a new Section 196, and hat no written objections were received. It was noted that no person was present at this time to offer objection o the said prposed amendment, or to make comments. On motion of Councillor Kipping Seconded by Councillor Higgins RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of ROpj/ Iy The City of Saint John and Amendments Thereto ", insofar as it concerns the following amendments, namely:- • AV 1. Substituting a new Section 9 as follows: "9. No person may commence or continue any excavation of land unless the owner of the land has applied for and there has been issued to him an excavation permit pursuant to Section 196 of this by- law." 2. Substituting a new Section 196 Excavation of Land as follows: /17a,ed 11196. (1) Excavation of land mentioned in Section 9 (a) does not apply to (i) the construction, repair or alteration of streets in connection with an approved subdivision plan or under a contract awarded by the municipality, (ii) work performed by a public utility, (iii) an excavation for a basement or cellar, footing of a building or structure, swimming pool or other installation authorized by a building permit under the Saint John Building By -Law; (iv) commercial limestone quarrying, mentioned in Section 195, or (v) tthe grading or other excavation of land which does not result in a cut or fill exceeding five feet; and • (b) is prohibited (i) when the development does not conform to the provisions of Section 81 (1) (a) of the Community Planning Act of New Brunswick (1972) and amendments thereto; (ii) in any zoning district other than an I -1, I -2 or RE district unless excepted under Section (1)(a). ' (2) A person seeking to obtain an excavation permit shall be the owner of the land proposed to be excavated and shall make application in writing to the Building Inspector in a form prescribed by the Building Inspector, and such application signed by the applicant shall (a) record the name and address of the applicant and the location of the proposed excavation; (b) contain a statement indicating the purpose of the work to ' be carried on and the portion of land where excavation will commence or is in progress, and the order of sequence for ex- cavating the balance of the land; (c) contain a statement of the estimated volume of material in cubic yards proposed to be excavated during the term of the excavation permit; (d) state the estimated dates of commencement of the excavation; (e) indicate the probable maximum depths and maximum slopes of the proposed excavation at the end of the term of the permit for • which the application is made; (f) set out the controls and methods to be employed in preventing the emission of smoke, dust, odors, toxic materials, vibrations and noise; 12S s'[ Oi"j / "jF oCxemi maz�iO" Ole Arol (g) include one or more plans drawn to a scale of not less than 1" to 100' indicating (i) the boundaries of the property with respect to excavations in which the application is made, and its relation to existing streets and other properties, (ii) existing topography at no more than five foot con- tour intervals, or spot elevations or cross sections with a horizontal scale of 1" to 100' and a vertical scale of 1" to 101, or a combination of these, where five foot contour intervals are not available, (iii) location of existing natural watercourses and drainage, (iv) location of existing power transmission line towers and other structures, (v) an outline of the area to be excavated, (vi) the location of proposed natural water courses and drainage, including lakes, ponds and retention areas, (vii) the proposed location of any buildings, scale house, equipment, equipment storage areas and equipment repair sheds or areas, (viii) the location of protective fencing, (ix) the location of entrances and exits to the site of the proposed excavation and gates (if any), (x) the location of traffic routes to and from the area to be excavated, and (xi) the location and size of signs erected or proposed to be erected within the site of the proposed excavation and gates (if any), (h) be accompanied by the plans required by subsection (3)• (3) An application for an excavation permit shall be accompanied by one or more plans, other than those mentioned in clause (g) of subsection (2), drawn to a scale mentioned in that clause, indicating the proposed method of rehabilitation of the site according to the provisions of this by -law, and setting out (a) the proposed grading at not more than five foot contour intervals or by cross- sections with a horizontal scale of 1" to 100', and a vertical scale of 1" to 10' or any combinationg of these, including the slopes for the end of the term for which the permit is being sought; (b) the location, quantity and type of trees, planting or other ground cover materials to be used as deemed necessary by the:!Planning Advisory Committee; (c) details of all items and features pertaining to improvement and preservation of the land, including any retaining walls as deemed necessary by the Planning Advisory Committee; (d) the estimated dates of commencement and completion of such re- habilitation, the portion of land on which it will commence, and the order and the time schedule for rehabilitation of the balance of the site. (4) Subject to subsection (7), where (a) an application under subsection (2) has been received; (b) the applicant has deposited with the Council a sum of money or a surety bond under the provisions of subsection (8$ satisfactory to the Council; (c) the proposed excavation and rehabilitation of the site has been approved by the Commission as conforming with all requirements of ..this by -law; and (d) the fee set out in subsection (5) has been paid; the Building Inspector shall issue the excavation permit requested. (5) An excavation permit is valid until the 31st day of December in the year in which it is issued, and the fee of such permit is $50.00. (6) An excavation permit shall (a) be in a form prescribed by the Building Inspector; (ti) be signed by the Building Inspector; (c) indicate the purpose of the work to be carried on; (d) set out the controls and methods which in the opinion of the Building Inspector must be employed in preventing the emission of smoke, dust, odors, toxic materials, vibration and noise; • • CJ • I F_ 1J xeava �O i9 / O9l�9 .�,� —.Gam✓ 'C?,aq (F07,0e— �7 a9Yl� • • C 129 (e) specify the manner and time limits for rehabilitation of the land of the site in respect to which the permit is issued; and (f) include any other detail or prohibition, not inconsistent with with this by -law, deemed advisable by the Commission. (7) No permit may be issued under subsection (4) if, in the opinion of the Council, (a) the proposed work would (i) create a hazard to human life, (ii) endanger adjoining property, or (iii) adversely affect a public sewer, water main, water course or street; or (b) the land of the site is subject to geological instability or flood hazards to the extent that no reasonable amount of corrective work could eliminate or sufficiently reduce the instability or hazard. (8) No excavation permit may be issued under subsection (4) until the applicant has deposited a sum of money, or a surety bond in lieu thereof, issued by an insurance company licensed to carry on business in New Brunswick, in an amount determined by the Commissioner of Works to be adequate to cover the estimated cost of rehabilition of the land of the site in accordance with the terms and time limits specified in the permit and approved by Common Council. (9) A permit under subsection (4) us subject to the following terms and conditions: (a) that the slope of the excavation is not steeper than One and One -Half Feet (1 1/21) horizontal to One Foot (1') vertical for the full depth of the excavation. (b) that adequate measures are taken to prevent surface water from damaging the face of the excavation or fill by the provision of berms, swales or other satisfactory methods; (c) that the top or toe of the slope of the excavation whichever is nearer, or any building, structure or storage and repair area in connection there- with, is not within One Hundred (100') of (i) a zoning district, other than an I -1, I -2 or RF district, (ii) an abutting property line, or (iii) a public street; (d) notwithstanding clause (c), that no excavation take place within twenty - five (25) feet at the ground line of the legs of a power transmission line tower, with a slope of not less than One and One -Half Feet (1 112') horizontal to One Foot (1') vertical away therefrom; (e) that access -ways and roads are maintained in a reasonably dust -free condition by paving, oiling or use of calcium chloride except as may otherwise be allowed by the Building Inspector; (f) that where in the opinion of the Building Inspector a fence is required at the site of the excavation; (g) excavation of land shall only be carried on between the hours of 7:00 o'clock in the forenoon and 8:00 in the afternoon of each day except holidays as defined in the Provincial Interpretation Act when no excavation of land is permitted except as may otherwise be allowed by the Council; (h) that all operations are in the judgement of the Building Inspector conducted in a safe manner so as not to cause injury to persons or damage to property; (i) that no excavation of land is performed in such a manner as to lower the water table on neighbouring properties; (j) that the site be rehabilitated in accordance with Section 10. (10) The land of the site with respect to which a permit has been issued under Subsection (4) shall be rehabilitated in a manner that: (a) the slope of the excavation is not steeper than Three Feet (3') horizontal to One Foot (1') vertical for the first Twenty (20') feet of its depth followed by One and One Half Feet (1 1/2') horizontal to One Foot (1') vertical for the second Twenty (20') feet of its depth, at which depth there shall be a generally horizontal terrace not less than Twenty (20') Feet in width, and this requirement shall continue for the remainder of its depth, the slope shall not be steeper than One and One -Half Feet (1 1/2') horizontal to One Foot (1') vertical for each Twenty (20') Feet of its depth with provision for a Twenty (201) Foot terrace.at each Twenty (201) Foot interval; (b) all plants, equipment, buildings and structures other than fences re- quired under clause (f) of subsection (9), placed or erected on the site for the purposes of the excavation shall be removed, and all stock piles, earth, sand, gravel, stone, rock, clay or similar material shall be re- moved or back - filled into the excavation; and 130 (c) the site shall be cleared of debris and covered with a layer of soil capable in the opinion of the Advisory Committee of supporting vegetation, except for areas under water or on rock faces, and seeded with grass or other ground cover to prevent erosion unless, in the opinion of the Advisory Committee, such covering and seeding is not necessary. (d) that adequate measures are taken to prevent surface water from damaging the face of the excavation or fill by the pro- vision of berms, swales or other satisfactory methods; (e) that the top or toe of the slope of the excavation or any building, structure or storage and repair area in connection therewith is not within 100' of (i) a zoning district, other than an I -1, I -2 or RF district,. (ii) an abutting property line, or (iii) a public street. (11) Notwithstanding anything herein, the Planning Advisory Committee may, after consultation with, or written consent from, the affected adjoining property owners, waive or alter the requirements set out in subsection (1)(b)(ii), subsection (9)(a), (b) and (e) and subsection (10), where, in its opinion, the excavation of land is for: (i) the levelling or recontouring of a site for an approved development or subdivision; or (ii) the levelling or contouring of land to bring it into conformity with the elevations, contours or slopes of adjoining lands. (12) All matters pertaining to the use of explosives in the excavation or rehabilitation of land under this section, including handling, storing, drilling, placing, blasting cover, warning and signals, shall be arranged and conducted strictly in accordance with appropriate governmental regulations. (13) where the owner of land under permit violates or permits a violation of (a) any term or condition mentioned in subsection (9) or (b) any provision of this by -law; (c) any provision or condition of the permit; the Building Inspector may suspend or revoke the excavation permit, in writing, to be delivered by hand or by registered mail to the owner, and may, if the conditions leading to the suspension are subsequently corrected, reinstate the suspended permit. (14) Where a holder of an excavation permit fails to rehabilitate the site in the manner and within the time limits specified in the permit, the Council may cause the required work to be.done and to be paid for from the deposit mentioned in subsection (8). (15) In cases where all the material specified has not been excavated by the expiry date of such permit, the permit holder or his successor in interest in the property to be excavated shall apply for a permit to continue to excavate such materials on the said site during the next ensuing calendar year and such permit shall be granted provided: (a) the applicant has made written application therefor; (b) the applicant has not violated, or knowingly permitted the violation o£, the provisions of this by -law respecting the carrying on of excavation operations; (c) the applicant shall have deposited with the City of Saint John a sum of money sufficient to bring the total deposited for all excavation permits to the equivalent of a sum of money as per Section 196 subsection (8) for each acre excavated or proposed to be excavated under all such permits, or shall have deposited with the said City a surety bond of the type specified in subsection (8) hereto, in an amount which will make the total of such bonds." be read a first time. alh�rn� Read a first time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". Councillor Kipping noted that in a letter from the Planning Advisory Committee, dated June 17th, 1974, the Committee recommends certain changes in the above quoted proposed amendment to the Zoning By -Law, and that these changes are considerable. He further noted that the Pits and Excavations Committee's efforts have been exhaustive in trying to consider all sides of the matter of excavations and that the Committee met with owners and operators of gravel pits and with the Saint John Construction Association concerning the proposals contained in the Zoning By -Law amendment which were submitted to Council by the Committee. He stated it is his feeling that there should be a meeting of the Pits and Excavations Committee with representatives of the said Association before the Council gives final readings to this by -law amendment, or gives final decision on the new recommendations from the Planning Advisory Committee. i] On motion of Councillor A. Vincent Seconded by Councillor Green .7 C //�� RESOLVED that the whole Council meet with the Saint John Con - �/ 0h 44S -T&C. struction Association executive board or members concerned to discuss the ramifications of the changes • • u • r • 131, proposed by the Planning Advisory Committee letter of June 17th, 1974 to the proposed amendment to the Zoning By- Law for new Sections 9 and 196 concerning Excavation of Land. On motion of Councillor Davis Seconded by Councillor M. Vincent 4w�pyg /�� e— RESOLVED that the letter from the Planning Advisory Committee, dated �• iolsPV- June 17th, 1974 proposing certain changes to the proposed amendment to the Zoning By -Law for new Sections 9 and qq/ . ppdv 196 concerning Excavation of Land be received and filed and dealt with at the time of second reading of the said Pte- OV proposed Zoning By -Law amendment, and that the said letter be considered, also, when the whole Council discusses the matter with the Saint John Construction Association. �iis6o /ice 146 The Common Clerk advised that with regard to the proposed amendment to the Zoning By -Law to re -zone for Chisholm Adjustment Co. Ltd. property fronting on Adelaide Street and Old Adelaide Road to "B -2" General Business classification, the necessary advertising took place and no written objections were received. It was noted that no person was present at this time to make objection to this amendment, or to offer comment on same. On motion of Councillor Cave Seconded by Councillor Davis RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning a parcel of land having a frontage of approximately 130 feet on Adelaide Street and a frontage of approximately 131 feet on Old Adelaide Road, being the site of the former Gulf Oil service station, from "RM -1" Multiple Residential district to "B -2" General Business district, be read a first time. Read a first time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor A. Vincent Seconded by Councillor Higgins RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning a parcel of land having a frontage of approximately 130 feet on Adelaide Street and a frontage of approximately 131 feet on Old Adelaide 'Road, being the site of the former Gulf Oil service station, from "RM -1" Multiple Residential district to "B -2" General Business district, be read a second time. Read a second time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and is Thereto ". On motion of Councillor Davis Seconded by Councillor Cave RESOLVED that the letter from the Planning Advisory Committee, dated June 18th, 1974, in regard to the proposed re- zoning of the former Gulf Oil Co. Ltd. property on Adelaide Street and Old Adelaide Road for Chisholm Adjustment Co. Ltd., recommending that Schedule 2 -A of the Municipal Development Plan be amended as shown on the submitted plan as commercial sub - centre, and that Schedule A. of the Zoning By- Law be amended by removing the property shown on the submitted re- zoning print from "RM -1" Multiple Residential to "B -2" General Business classification under Section 39 of the Community Planning Act limiting the use to that �d proposed (an office building with drive -in claims service) based on the plan of the development which is being filed with the Common Clerk, and subject to an agreement being signed between the City and the applicant with respect to the 30 -foot easement for the sewer conduit on the property before a building permit is issued for the proposed office extension -- be laid on the table for study. Question being taken, the motion was carried by a majority of affirmative votes. The Common Clerk advised that the necessary advertising took place regarding the proposed re- zoning for the New Brunswick Housing Corporation of approximately 36 acres of former Hospital Annex property, Sand Cove Road, A/��� for a housing project, from "RF" Rural to "P" Park, "R -1B" One Family, "R -2" One and Two Family, and "RM -1" • l ' s ll5y� Multiple Residential classifications. He stated that several written objections have been received, as follows:- (,0POP. from New Brunswick Co- Operative Housing Services Ltd.; Dale R. Fox; Marilyn Giggey; L. F. Boyles, John M. Wood, �� �� President, Port City Housing Co- Operative Limited; Mr. and Mrs. Edward A. Elder; K. Perry, President, Seashore �J Housing Co- Operative Ltd.; Mrs. Elise Aas; Mr. and Mrs. Robert Doyle; Raymond G. Fenton; Mr. and Mrs. Charles u- %a09oi Dobson; Mrs. Bennett Armstrong; George and Marjorie Feffard. assed"A& 5� The Mayor stated that no readings will be given at this meeting of the proposed amendment to the Zoning By -Law regarding the above noted re= zoning, and that the Council will give close review of these expressions of objection. Mr. Alexander P. Gregory of 919 Bleury Street, Saint John West, was present and advised that the sidents of Bleury Street and Sand Cove Road object to the said proposed amendment for re- zoning and that they 11 submit that objection prior to the next meeting of Council. ,rW*w �rs_9 There being no further indication of persons present who wished to speak in objection, the Mayor then ev asked if any person was present who desired to speak in favour of the proposed re- zoning. Miss Anne Chisholm of 397 Sandy Point Road spoke in support of the re- zoning, for the reason that there is need of housing in this city. i ��qq -d On motion of Councillor MacGowan %KeA 0� �CX Seconded by Councillor M. Vincent RESOLVED that the matter of the proposed amendment to the Zoning By -Law to re -zone for New Brunswick Housing Corporation approximately 36 acres of former Hospital Annex property, Sand Cove Road, for housing purposes, be referred to the meeting of Common Council to be held on July 2nd next. AS.�G3o�D On motion ��vsz`amov� Dye 9F The meeting adjourned. • saO+�G Common Clerk. Asp/��►ft Co. AV.. At a Common Council, held at the City Hall, in the City of Saint John, on Wednesday, the twenty -sixth day of June, A. D. 1974, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Kipping, MacGowan, Pye, A. Vincent and M. Vincent and Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Assistant Director of Works - Operations, C. Robichaud, Assistant Director of Works - Engineering, R. H. Stone, Deputy Chief of Police, P.-Clark, Fire Chief, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, F. Grass, Information Officer, R. Dhar, Supervisor of Inspection and Technical Services, and A. Ellis, Building Inspector The meeting opened with a prayer which was invoked by The Reverend Kenneth Legassick, rector of Trinity Church. On motion of Councillor Green Seconded by Councillor Higgins RESOLVED that minutes of the meeting of Common Council held on June 12th last, be confirmed. On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the City Manager, authority be granted for payment of the invoice from Stephen Costruction Company Limited, dated June 17th, 1974, in the amount of $19,846.26, for supplying asphalt to the Works Department during the period June lst to 15th, 1974. On motion of Councillor MacGowan Sawwy� /�i(re . ^ AW eve i �r7o95� 0yi qL iEl(�E'Oa. Aafva` eovw.,w. W er ie ✓ 4AoedaW4�_ �, AY. Log On motion of ,Councillor Higgins Seconded by Councillor Cave RESOLVED that as recommended by the City Manager, authority be ven for payment of the invoice from Snowflake Lime Ltd., dated May 22nd, 1974, in the amount of ,478.60, for the supply of dynamite for the Works Department. On motion of Councillor Cave Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the City Manager, the following construction progress certificates and approved invoices for Engineering Services in connection with projects that have been undertaken under the Department of Regional Economic Expansion programme, be approved for payment: 1. Bayside Drive Reconstruction and Extension (a)Phase I, Little River Bridge No. 1 (Widening) Contractor: Atlas Construction Maritimes Ltd. Total Value of Contract $ 238,255.70 Total Work Done 197,733.29 Retention 15% 29,659.99 Payments previously approved 102,961.76 Sum recommended for payment, Estimate Number 4, for May 1974 $ 65,111.54 (b) Phase II, Bayside Drive,Railway Overpass Contractor: Callaghan Contracting Lt -d. Total Value of Cnn+rar +• $ 247,404.00 Total Work Done 52,667.40 Retention, 15% 7,900.11 Payments previously approved 28,824.69 Sum recommended for payment, Estimate Number 3, for May 1974 $ 15,942.6o (c) Power Commission of the City of Saint John Relocating P.C.S.J. Facilities Payments previously approved $ 7,819.60 Sum recommended for payment, Estimate Number 2, dated May 27, 1974 $ 10,138.72 2. Residential Land Bank - External Services_ (a) New Brunswick Housing Corporation Constructim of external services Total Value of Contract $ 118,142.00 Total Work Done, Estimate Number 8 117,536.00 Retention, 5% 5,876.80 Payments previously approved 110,804.20 Sum recommended for payment, Estimate Number 8, June 11, 1974 $ 855.00 • • 1 • Seconded by Councillor Green 4WI'10�we" RESOLVED that as recommended by the City Manager, approval be /WIl2f.=7/ given for payment of the following invoices for equipment rental, namely: - rn J D. Hatfield Ltd. - to the Works Department May 16 -31, 1974 $ 10,894.43 .!/ n - to the Works Department May 16 -31, 1974 $ 4,093.78 Sawwy� /�i(re . ^ AW eve i �r7o95� 0yi qL iEl(�E'Oa. Aafva` eovw.,w. W er ie ✓ 4AoedaW4�_ �, AY. Log On motion of ,Councillor Higgins Seconded by Councillor Cave RESOLVED that as recommended by the City Manager, authority be ven for payment of the invoice from Snowflake Lime Ltd., dated May 22nd, 1974, in the amount of ,478.60, for the supply of dynamite for the Works Department. On motion of Councillor Cave Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the City Manager, the following construction progress certificates and approved invoices for Engineering Services in connection with projects that have been undertaken under the Department of Regional Economic Expansion programme, be approved for payment: 1. Bayside Drive Reconstruction and Extension (a)Phase I, Little River Bridge No. 1 (Widening) Contractor: Atlas Construction Maritimes Ltd. Total Value of Contract $ 238,255.70 Total Work Done 197,733.29 Retention 15% 29,659.99 Payments previously approved 102,961.76 Sum recommended for payment, Estimate Number 4, for May 1974 $ 65,111.54 (b) Phase II, Bayside Drive,Railway Overpass Contractor: Callaghan Contracting Lt -d. Total Value of Cnn+rar +• $ 247,404.00 Total Work Done 52,667.40 Retention, 15% 7,900.11 Payments previously approved 28,824.69 Sum recommended for payment, Estimate Number 3, for May 1974 $ 15,942.6o (c) Power Commission of the City of Saint John Relocating P.C.S.J. Facilities Payments previously approved $ 7,819.60 Sum recommended for payment, Estimate Number 2, dated May 27, 1974 $ 10,138.72 2. Residential Land Bank - External Services_ (a) New Brunswick Housing Corporation Constructim of external services Total Value of Contract $ 118,142.00 Total Work Done, Estimate Number 8 117,536.00 Retention, 5% 5,876.80 Payments previously approved 110,804.20 Sum recommended for payment, Estimate Number 8, June 11, 1974 $ 855.00 • • 1 • 133 047400 �h (b) Proctor & Redfern Ltd. _4q?agyieeS Engineering Services • �Ol�° °" Payments previously approved $ 14,229.84 Sum recommended for payment, Invoice Number 0996, Rel6d Qv? June 5, 1974 $ '!'873Y00 On motion of Councillor Green Seconded by Councillor Higgins ���ryryry RESOLVED that the letter from the City Manager, advising that the P* New Brunswick Housing Corporation is in the process of developing.approximately 25 acres of land in the first phase of development, as indicated on the submitted key plan, located in a section of land off the north side of Sand Cove Road at the rear of properties along Molson Avenue, and that according to the City's sub - division policy the City will be responsible for the following costs regarding servicing of the said first phase of the SVP7d e LF development:- (1) water materials (pipe, gates, chamber, fire hydrants, et cetera) $37,900.00, (2) sanitary sewer P, �0_ v materials (pipe, manholes, et cetera) $13,600.00, (3) storm sewer materials (pipe, manholes, catch basins, et cetera) $16,800.00 -- at an approximate total cost of $68,300.00 -- and that he recommends that the said ex- penditures be approved for water and sewerage materials to be charged to the 1974 capital budget, and that the Mayor and Common Clerk be authorized to execute the sub - division agreement on behalf of the City in due course -- J -d /r/- The received and filed and the recommendation adopted. 1 do�v+£�h'y�l7G During ensuing discussion, it was determined that the above named expenditure is with reference to the development of this section of land for single - family, one- and two - family and multiple- family housing, as is proposed by the New Brunswick Housing Corporation in the present re- zoning proposal, and that if there is a change in the design of this sub - division requiring more in servicing, the cost figure could also change, accordingly. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the report of the Fire Department for May, the report of the Works Department for February, March and April, the report of the Water and Sewerage Division of the Works 0 Department for May, and the report of the Police Department for May, be received and filed. Noting that the Fire Department telephone number was changed in recent months and that it will be August before the new telephone book will be issued, Councillor MacGowan expressed the hope that, in the interim, every effort will be made to bring this new telephone number to the attention of the citizens, in view of the summer season and the increased possibility of accidents and emergency situations when they would desire to communicate with the Fire Department. Councillor MacGowan expressed the hope that the new Chief of Police will keep a close watch on the present problem of motorists driving at excessive speed in various city areas, particularly in the early morning hours, accompanied by squealing of tires, and will enforce the regulations in this regard. Councillor A. Vincent noted from the Police Department report that the fingerprinting of persons is still being practiced, and he asked for a report for the next meeting of Council giving a breakdown of how many of those fingerprinted were fingerprinted under the proper procedure laid down for fingerprinting - that is, a break- AY P ?-f down of how many of those should have been done. Odra Ae Councillor A. Vincent stated that under the Taxi By -Law, he has received a complaint from the taxi drivers that their cars have been ordered to be washed and that the Police Department car involved was dirtier ---��� than their taxi. He commented that the Police cars are a disgrace - some of them are being operated with no hub caps on them - and that he thinks that for this summer at least our Police cars should be washed every day. The Ma;yor observed that this point is well taken. Councillor A. Vincent stated that he would like to have a report from the Police Department for next week giving a breakdown of people charged with purchasing stolen goods because he noticed that an insurance com- pany paid a large amount of money last month regarding a theft of a large amount of jewelry and to date no charges have been made for buying stolen goods. He added that the theft of which he speaks was a break -in on fi. U•4tts�ht Union Street. Councillors'THiggins and MacGowan placed on record at this time their objection to further remarks • e��s made by Councillor A. Vincent in this matter, namely:- he hopes that our Police Department is not co- operating - people that steal goods and then sell them back through the insurance companies. In registering his objection, 9e0 e" Councillor Higgins felt that the request could be made, if Councillor A. Vincent so wishes, but any innuendoes or � 2e remarks to any type of coercion should be removed from the record, and he asked the Councillor to withdraw that remark. In reply, Councillor A. Vincent stated he is not prepared to withdraw it - the newspaper printed it publicly and to date no charges have been laid by the Police Department. Councillor Higgins felt sure there is a reason for that, and that he would like to hear that reason, but he does not want any type of remark made that is suspicious. Councillor A. Vincent stated that when the reason is given he is prepared to withdraw the remark, but until then, he is not so prepared. On motion of Councillor Cave Seconded by Councillor Green p- RESOLVED that the annual report of the Fire Department for the year 1973 be received and filed. Councillor M. Vincent discussed with Fire Chief Clark the question of communication equipment for use between vehicles of the department, and the Chief explained that because of the problem in this regard that is being experienced daily in transmission from apparatus to apparatus, it appears the Department must adopt a repeater system, the same as that in use by the Police Department and by taxi companies, to solve the problem. ✓e'l9SE%ePap /P'i He added that the necessary steps are already being taken towards this goal. h Councillor A. Vincent expressed %thiew9he departmental annual reports should be compiled into a civic �/ L year book, and issued to citizens on request at a nominal cost. He asked for a report, sometime, on the matter of Agr ApK necessary action to revive the custom of preparing a civic year book. On motion of Councillor Cave Seconded by Councillor Green RESOLVED that tenders be awarded as recommended in the report from the • �NR��� City Manager, as follows:- ,_J2 only wing ploughs be purchased from Bourque's Welding Co. Ltd. at a price of $7,880.00 0' p lus 8% Provincial Sales Tax of $630.40, making a total net cost of $8,510.40; e only bid received to meet all specifications, namely, that of Saunders Equipment Ltd. in the amount of 0,473.00, be accepted, to supply 1 only street sweeper. 134 On motion of Councillor Kipping Seconded by Councillor Gould • RESOLVED that the report on tenders received for demolition of the building located at 491 and 493 Bayside Drive, be added to the agenda of this meeting. On motion of Councillor MacGowan On motion of Councillor Cave Seconded by Councillor Davis • .70-AP7 RESOLVED that the by -law entitled "Saint John East Development GN1dIl� Area, Phase One, Stage One, Development Scheme By -Law" be read a third time and enacted and the Cor- _ , porate Common Seal affixed thereto. Councillor Hodges entered the meeting. Seconded by Councillor Green Teo Wopr d RESOLVED that the tender of Industrial and Residential Movers �OZL S/ ZeS Limited to purchase the building located at 491 and 493 Bayside Drive for the sum of $200.00 and to remove same from the site, be accepted on condition that the foundation be demolished and levelled and 1WAf6O+GYma7� filled with gravel to the satisfaction of the Building Inspection Department. �1 O e lke Councillor MacGowan noted that the following paragraph is contained in the letter of May 13th, , " �`3 On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the by -law entitled "A By -Law to Amend a By -Law to M®pBPS Regulate the Subdivision of Land within The City of Saint John" insofar as it concerns substituting "(4) the following for Section 16 (4), namely:- The maximum length of a cul de sac is 600' in One and Two Family zones, 400' in any other zone and the terminal or turnabout shall be a circular or rectangular area with a minimum diameter or width of 124 feet. In either case, the turnabout is symmetrical about the centre line of the street or the exit of the roadway loop is in line with the ' 5&4�jff g/S% OIi street. ", be read a third.time and enacted and the Corporate Common Seal affixed thereto. 4 -4�0W The by -law entitled "A By -Law to Amend a By -Law to Regulate the Subdivision of Land Within the C.o City of Saint John ", was read in its entirety prior to the adoption of the above resolution. C'a/ dp sac that situation); if this proposal is not accepted by prospective home owners consideration will be given It was noted that no objections had been received to the proposed by -law entitled "Saint John East Development Area, Phase One, Stage One, Development Scheme By- Law ". • On motion of Councillor Cave Seconded by Councillor Davis • .70-AP7 RESOLVED that the by -law entitled "Saint John East Development GN1dIl� Area, Phase One, Stage One, Development Scheme By -Law" be read a third time and enacted and the Cor- _ , porate Common Seal affixed thereto. Councillor Hodges entered the meeting. Councillor Kipping asked Mr. Zides if Council has to take any action in accordance with the gestions contained in the Committee's letter, namely, that the Council use its good office to ain them. Mr. Zides expressed the personal view that it would not hurt to have the Council approach tral Mortgage and Housing Corporation, as the Federal housing corporation, to strengthen its offices Saint John. • Councillor M. Vincent recalled that he voted against this by -law at its first and second dings, primarily on the points mentioned by Councillor MacGowan. He stated he feels that innovative A Councillor Green expressed the hope that in their efforts to encourage the building of housing, the Planning Advisory Committee and the Municipal Planning Director will bear in mind the size of building �OZL S/ ZeS lots so that when reducing the size of some of these lots it will not result in housing that will de- tract from the area and from the other housing that is there, so that it will not create any kind of a slum condition. Councillor MacGowan noted that the following paragraph is contained in the letter of May 13th, ' 1974 from the Planning Advisory Committee to Council, "Council was recently given a background report for the reasons of the Scheme. It also has a copy of the Scheme itself. In addition, several--. Councillors attended a joint meeting with the Planning Advisory Committee to review the proposals. As a result of that meeting, the Advisory Committee is discussing with the Partnership (N.B. Housing and C.M.H.C.) the previously outlined adjustments in the Scheme relating to controls and the possibility of the 15 zero - lot -line 25 foot one - family lots being used for more conventional development if they are unpalatable to prospective home builders. ", and asked if the final notation could be changed to read "if they are unpalatable to members of Council. ". In reply, Mr. Zides stated it could be changed ��qy 4r -2. if the Council wanted it that way, but the New Brunswick Housing Corporation is suggesting that the J following go into the report itself, "the scheme includes a proposal for fifteen 25 -foot wide lots for C.o zero- lot -line single family dwellings (splitting up with town houses and staggering the units to create that situation); if this proposal is not accepted by prospective home owners consideration will be given to re- subdividing these parcels or combining them for either one- or two - family houses." Councillor MacGowan stated that she is in favour of the plan with the exception of that area; if she cannot have • the wording changed so that the Council goes on record as being very much alarmed at such a situation, then she will have to vote against it because in no way can.she go for that size of a lot. She stated that she does not see how anyone could have pride in their home and property with that size of a lot. She stated that if the necessity arose she would rather see these lots subsidized at the City's expense - if it is only a matter of $1,000.00 - so that these people could build homes that they could take pride in. In explanation of the thinking of the proponents, Mr. Zides stated that they felt that if you could build town house units but instead of having attached walls they would detach them, stagger the buildings in a domino -type of pattern on the lots and see how that goes - all they are doing in this proposal of several hundred homes is lay out provision for up to fifteen of these and if people are not interested, they will close out the idea and go to regular sized lots. ' Councillor Kipping asked if the City staff has taken any action on implementing some of the suggestions made in the said letter of May 13th, 1974 from the Planning Advisory Committee. He noted that this letter makes several suggestions to the Council: for example, that Central Mortgage and Housing Corporation should enlarge the staff of its local office and have an on -site office serving the public at specific times - and things like that, and there is some very good housing philosophy discussed in that same letter. He also asked if it is the intention of the City staff to implement these sug- gestions. Mr. Zides, in reply, stated that the New Brunswick Housing Corporation is to set up an office in this city, particularly to manage this and other projects that they have in mind; that they intend to have an on -site office and to give this considerable publicity; that the said Corporation is quite , amenable to amending the report in the several details that are spelled out on the first two pages of the ' said letter to Council from the Planning Advisory Committee; that copies of that material can be sent . to the Council members for an appendix to the report if it is adopted, or if "any Councillor wishes, it can be bound in to the report at City Hall. Councillor Kipping asked Mr. Zides if Council has to take any action in accordance with the gestions contained in the Committee's letter, namely, that the Council use its good office to ain them. Mr. Zides expressed the personal view that it would not hurt to have the Council approach tral Mortgage and Housing Corporation, as the Federal housing corporation, to strengthen its offices Saint John. • Councillor M. Vincent recalled that he voted against this by -law at its first and second dings, primarily on the points mentioned by Councillor MacGowan. He stated he feels that innovative A •s�oa¢ 135 housing is probably an exciting and enthusiastic concept for people in Saint John to look at but he cannot con- vince himself that putting housing on lots of 25 -foot frontage is a step in the right direction; his view is that with all the space we have in this city we do not have to try to build innovative housing on the small -sized lots. He stated that he cannot support the motion because of that one factor. Mr. Zides explained that what the two senior government agencies are doing is something different than using a normal 25 -foot lot where a builder con- structs a house almost abutting other homes and being a few feet away; what they are doing is locating these proposed buildings precisely so that, in essence, it is almost like a series of mews with land clear of the building at either side, at the back of the mew - this is by covenant, and it is the same with the projecting pieces of the mew where there is land on either side, which means there would be some 50 to 60 feet between houses and there are covenants allowing people cross - movement, maintenance and so on; therefore, the proposal is not quite as bad as it sounds on the surface. Question being taken, the motion was carried with Councillors M. Vincent, MacGowan and A. Vincent voting "nay ". The by -law entitled "Saint John East Development Area, Phase One, Stage One, Development Scheme By- Law", was read in its:entirety prior to the adoption of the above resolution. On motion of Councillor Kipping Seconded by Councillor Cave ' RESOLVED that a letter go forward to Central Mortgage and Housing Corporation from the Mayor on behalf of the Common Council in support of the findings of the Planning Advisory Committee that a local Central Mortgage and Housing Corporation enlarging of office staff and an on -site office serving the public at specific times, is necessary in the present circumstances. On motion of Councillor Higgins On motion of Councillor Higgins U' Wr Seconded by Councillor Green RESOLVED that the letter from the Redevelopment Officer in explanation of FTC the availability of grants and loans to the City of Saint John for neighbourhood improvement programmes under the •,YD9� National Housing Act, be received and filed. Y��37-4�� On motion of Councillor Kipping /LS!Rft ymewe Seconded by Councillor Cave nbm� RESOLVED that the letter from the Minister of Municipal Affairs of New Seconded by Councillor Green RESOLVED that the by -law entitled "A By -Law Respecting Standards for Maintenance and Occupancy of Buildings and Premises" be read a third time and enacted and the Corporate Common Seal affixed thereto. • �� It was noted that in a letter dated June 25th, 1974 from the City Solicitor to Council the Council is advised that at the request of the City Manager (since the Council gave second reading to this proposed by -law on May 29th last) Section 5(b) of this by -law has been changed so that the Standards Officer is not charged with the responsibility of designating Inspectors; further, minor corrections have been made in the final draft of the by -law which is submitted with his letter. Councillor Kipping, on that same point, stated he does not personally feel that the change made in Section 5(b) is any great improvement in that sub - section because it leaves wide open the question of who will make the appointments as Inspectors. He noted that in the previous draft of this by -law the Standards Officers, who were to have been appointed by Council, would make the appointments or designations - now, it is left so that it does not state who will make them. He stated he does not believe it is a good thing to not make firm who shall make the appointments. He stated he wonders why this proposed by -law is not to be administered by an existing body that we have in our organization such as the Inspection and Technical Services Department with ' enforcement by the Building Inspector's group, and that it appears now (and is not all that clear) as if some other group ( from making enquiries he finds it will probably be Urban RenewaLO who will dol.it. He stated he cannot understand why the Urban Renewal group would get in on the minimum standards matter, because it seems to him it is a matter for the Inspection and Technical Services Department with enforcement by the Building In- spector's office. In reply, Mr. Barfoot stated that following the June 12th Council meeting a meeting was held with the Building Inspector, the Redevelopment Officer, the City Solicitor and himself and the Municipal Planning Director to try and resolve some of the differences of opinion that existed between City staff on the matter of this by -law, and the change in the said sub - section referred to in the City Solicitor's letter is a variation that makes it very clear that the direction of the Inspectors is that of the designation of the City administr- ation, not specifically of the Standards Officer who is within a different department from the Inspection Officer; the Department of Technical and Inspection Services is the city department set up to carry out building inspection services for all city departments; the reason that the inspection services are done by the Building Inspection and the Standards Officer is designated as a member of the Redevelopment Department is the fact that this by -law is in a sense a housing and urban renewal by -law - it has to do with renewal of housing • stock within the City of Saint John and that is why the Standards Officer is there in order that the housing stock may be renewed, and in order that such renewal may be accomplished there are dealings with other levels of government with respect to financing and dealings with a lot of people with respect to the renewal of the housing stock; definitely, as the name suggests, this is a function of the Urban Renewal Department; the main emphasis of this whole by -law is upon the renewal of housing stock. Councillor Kipping noted thati.in this by -law we are actually talking about minimum standards of existing housing and it is the Building Inspector who normally - -- carries out this kind of inspection and would normally be in the homes that are inspected and perhaps upgraded and who already by statute has the authority to enter upon properties and make inspections; in this proposed by -law it would seem to him that we are setting up a little bit of a new bureaucracy or allowing the bureaucracy to grow in a way which is not quite necessary when we have an existing organizational structure. ' Councillor Davis stated that he agrees basically with the points that have been raised regarding this Section 5 sub - section which have to do with the appointments of Standards Officers and Inspectors because he does not think that it has been improved. He noted that Section 5(a) says that the Council from time to time may appoint Standards Officers which means that the Council is now involved in appointing people below the stature of City Manager and Director; he further noted that we can appoint the Building Inspector as the Standards Officer if we so desire or we can appoint a Standards Officer to be the Building Inspector. His point was that the Council makes the appointment and nowhere does it say that the City Manager will appoint Inspectors; therefore, it is the Council's prerogative to appoint the.Building Inspector and give him another title. It was his feeling that the by -law should be enacted so it will not delay the Neighbourhood Improvement Programme. The by -law entitled "A By -Law Respecting Standards for Maintenance and Occupancy of Buildings and Premises ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Higgins U' Wr Seconded by Councillor Green RESOLVED that the letter from the Redevelopment Officer in explanation of FTC the availability of grants and loans to the City of Saint John for neighbourhood improvement programmes under the •,YD9� National Housing Act, be received and filed. Y��37-4�� On motion of Councillor Kipping /LS!Rft ymewe Seconded by Councillor Cave nbm� RESOLVED that the letter from the Minister of Municipal Affairs of New ..136 1 , Councillor Kipping advised that he had not had time to study the above noted lease agreement • which is a long and detailed document, and that he therefore did not feel he was prepared to take part in the vote on the above motion. He thereupon withdrew from the meeting. Question being taken, the motion was carried. Councillor Kipping re- entered the meeting at this time. On motion_of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that the matter of the application from Irving Oil Limited to rebuild the company's service station complex at the intersection of Chesley Drive and Douglas Avenue, and correspondence related thereto, be set over to Committee of the Whole at the meeting to be held on July 8th next and the parties concerned be asked to meet as early as possible in Committee of the Whole to discuss the whole ramifications of this application. Question being taken, the motion was lost, a tie vote having been created with the Mayor and 1/#yJ1 /7/s�%"i Brunswick advising of the designation of the City of Saint John as one of the municipalities in New Higgins, Kipping, MacGowan and Pye voting "nay". / 4W -7AC( / Brunswick to be allocated funds for participation in the federal Neighbourhood Improvement Programme, ry a /p�$ and that Saint John has been allocated $666,667.00 in grants and $333,333.00 in loans, and that these • 9!7'-( 7,& is funds must be committed'in the calendar year 1974 but the expenditure need not take place in that year, 5+�! C / S and further advising that the Province of New Brunswick will also make grants available to municipalities /� &Q n who carry out these programmes, and stating that the Minister believes this programme will be of great ?>oug�as Rde. Avef9?"OXO"Aw benefit to the older residential areas of municipalities not only because of the financial assistance Councillor A. Vincent pointed out that he believes that in having established a service station rLoMeofe to the municipality but also because,)of the rehabilitation loans and grants available in the neighbour- ✓�O 1/ O i L *6V hood to landlords and homeowners - be received and filed. it presently employs over 2,000 union tradesmen on who are working on the company's expansion pro- • gramme. He felt that the City has no legal right to stop this permit as long as.thewcompany complies with (o�e�paas�es all the regulations at the time the application for the permit is made. Also speaking in support of the application, Councillor Green stated that from information given to him he understands that this proposed On motion of Councillor MacGowan service station will be entirely different from the one that was there before and that it will be- located Seconded by Councillor Cave company wishes to make sure that the regrettable and unforeseen tragedy that occurred at the former site RESOLVED that the letter from the City Solicitor, submitting a draft , of a lease between the City of Saint John and The Rocca Group Limited regarding Site "K" on Main Street, / east of Acadia Street which site in the North End Urban Renewal Scheme is to be developed by the said was more than compatible to the area and to enhance the area in which it is located. He noted that the Rocca Group Limited, and reminding the Council that.on February 4th, 1974 the Council adopted the recom- Councillor Kipping noted that the previous Council is on record in legal session on the matter mendation from the Redevelopment Officer that this leasing arrangement be subject to the following: - o the rebuilding of the service station at the site in question. ��� om se,P (a) acceptance of details, plans and specifications by the Partnership; (b) agreement on details of the lease which will be subject to Council for approval; (c) that the project be commenced as soon as the lease is executed -- and advising that the lease has been prepared based on this recommendation of �/t , Z/�a7" 1TQ%Gfe67 February 4th, 1974 which the.Council adopted and on correspondence sent to him from the Redevelopment Officer further that the Partnership have that the date ' -- and advising agreed effective commencement of ••i/ �) the lease will be from June lst, 1974 and that the first rent payment will be on June 1st, 1975 to re- m, flect the fact that the Partnership have agreed that no rent will be charged for the first year, which is the year of construction - and further advising that the Redevelopment Officer has advised him that the plans and specifications have been approved by the Partnership and that construction will be com- menced as soon as the lease is executed -- be received and filed and in accordance with the recommendation of the City Solicitor, the Mayor and Common Clerk be authorized to execute the said lease on behalf of the City. Councillor Kipping advised that he had not had time to study the above noted lease agreement • which is a long and detailed document, and that he therefore did not feel he was prepared to take part in the vote on the above motion. He thereupon withdrew from the meeting. Question being taken, the motion was carried. Councillor Kipping re- entered the meeting at this time. On motion_of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that the matter of the application from Irving Oil Limited to rebuild the company's service station complex at the intersection of Chesley Drive and Douglas Avenue, and correspondence related thereto, be set over to Committee of the Whole at the meeting to be held on July 8th next and the parties concerned be asked to meet as early as possible in Committee of the Whole to discuss the whole ramifications of this application. Councillor Davis felt that the particular problem regarding a service station at this location is one of traffic. He noted that the problem is getting serious because service stations are being allowed to be built with no curbing which permits cars to enter and leave service stations in this city at any angle which is violating a regulation. It was his opinion that the Council's only argument ' for prohbiting a service station opening at this point is from the traffic standpoint. He noted that the correspondence from the City Manager and from the entire Planning Advisory Committee recommends against the permit being allowed and stated that he is guided very strongly by the recommendation that is made as a result of the studies. He added that with regard to the remarks made by Councillor A. Vincent that this company is locally based, he feels that the Council must regard the matter in the light that the citizens are also local. He felt that if the Council concentrates on the traffic aspect it should not have any trouble in resolving the matter. Councillor Pye noted that the safety factors regarding the service station were considered quite existent and quite competent prior to the explosion which occurred, and yet the explosion happened. He discussed the possibility of damage to either or both of the two bridges that span the • St. John River and harbour from any future explosion, and resulting disruption of communication between the east and west sides of the harbour, and that such possible serious impairment to the bridge or bridges would be just to satisfy the whims of one individual. He expressed the view that we have more service stations than the motor vehicle traffic will support.today and he noted that from time to time you see Question being taken, the motion was lost, a tie vote having been created with the Mayor and ' Councillors A. Vincent, Cave, M. Vincent, Hodges and Green voting "yea" and Councillors Davis, Gould, Higgins, Kipping, MacGowan and Pye voting "nay". On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that with regard to the application from Irving Oil / Limited dated May 24th, 1974 made on May 29th, 1974 to Common Council for a permit to rebuild the com- 5+�! C pany's service station complex at the "intersection of Chesley Drive and Douglas Avenue, the permit be C� C$ _Dr/ issued and all necessary regulations and conditions be complied with. ?>oug�as Rde. Councillor A. Vincent pointed out that he believes that in having established a service station at the above named site the site was improved by this company, and that this is the only Canadian oil ✓�O 1/ O i L company in Canada and is the only oil company with its head office in New Brunswick, in Saint John, and ) /0S 4 l it presently employs over 2,000 union tradesmen on who are working on the company's expansion pro- • gramme. He felt that the City has no legal right to stop this permit as long as.thewcompany complies with all the regulations at the time the application for the permit is made. Also speaking in support of the application, Councillor Green stated that from information given to him he understands that this proposed service station will be entirely different from the one that was there before and that it will be- located down a bit from where it was formerly located, and there will be no tanks under the building, and the company wishes to make sure that the regrettable and unforeseen tragedy that occurred at the former site in January last will never happen again, and he feels that by those changes there is no reason why a service station that is being built there could not be constructed in accordance with all safety factors - in addition, he knows that this company has always taken the precaution to build a service station that was more than compatible to the area and to enhance the area in which it is located. He noted that the ' location of the former station at this site was of great convenience to tourists and to local customers. Councillor Kipping noted that the previous Council is on record in legal session on the matter o the rebuilding of the service station at the site in question. Councillor Davis felt that the particular problem regarding a service station at this location is one of traffic. He noted that the problem is getting serious because service stations are being allowed to be built with no curbing which permits cars to enter and leave service stations in this city at any angle which is violating a regulation. It was his opinion that the Council's only argument ' for prohbiting a service station opening at this point is from the traffic standpoint. He noted that the correspondence from the City Manager and from the entire Planning Advisory Committee recommends against the permit being allowed and stated that he is guided very strongly by the recommendation that is made as a result of the studies. He added that with regard to the remarks made by Councillor A. Vincent that this company is locally based, he feels that the Council must regard the matter in the light that the citizens are also local. He felt that if the Council concentrates on the traffic aspect it should not have any trouble in resolving the matter. Councillor Pye noted that the safety factors regarding the service station were considered quite existent and quite competent prior to the explosion which occurred, and yet the explosion happened. He discussed the possibility of damage to either or both of the two bridges that span the • St. John River and harbour from any future explosion, and resulting disruption of communication between the east and west sides of the harbour, and that such possible serious impairment to the bridge or bridges would be just to satisfy the whims of one individual. He expressed the view that we have more service stations than the motor vehicle traffic will support.today and he noted that from time to time you see F_ 136 them going out of business throughout the city. It was his opinion in view of the danger existing with a service station so near a bridge that a motion should be made to the effect that no service station should be permitted • to establish within a quarter of a mile of any bridge or any railway overpass and should be frowned upon when it has asked to be erected near any busy traffic artery. He noted that a service station near a busy traffic artery tends to congest traffic. 1��iay /� J 0, � /C r w. S��i oai S2' ati®P7 26a mss ,,9,ve • WTOA, .�. • In reply to Councillor MacGowan's question as to which takes precedence - the 1929 by -law regarding the locating of service stations, or the City's Zoning By -Law - Mr. Rodgers and Mr. Zides confirmed that the said 1929 by -law takes precedence. Councillor MacGowan noted that apparently at the time the application was made to establish a service station at the intersection of Chesley Street and Douglas Avenue the Planning Advisory Com- mission of the day opposed a service station at this location as did the Police Department and the City's Traffic Committee; the present Planning Advisory Committee is unanimous in its strong opposition to the present ap- plication. She felt that today, there is a lot more traffic than there was when the service station was first built, there, and if there was need to oppose such establishment then she would think there is much more need to oppose it today; she also felt that although it is convenient to have a service station there, it is in the best interest of the citizens and the traffic at that corner to have this service station in another area. The City Manager pointed out that the previous objection from the traffic people (when the service station was established in the site in question a number of years ago) about the traffic controls, still is there; the Assistant Director of Works - Operations has commented that the entrances which come off the intersection at Douglas Avenue should not be put in that way - an entrance should not be allowed which would allow traffic to move into an already congested intersection with Douglas Avenue where traffic is already waiting there to make left turns; to have further conflict with turning traffic at a service station entrance is not good; a further problem has to do with the adequate safety measures which may be established by the applicant if a service station is built there - or, in fact, at any location in the city. He added that the Fire Chief is concerned also with the safety measures which may be adopted in any service station construction within the station itself and the pumps. He noted that these are the two main staff concerns - about the location of this service station and about any other service station in the city. Councillor Kipping felt it is very significant that the Common Council is on record in legal session on the subject; he suggested that perhaps the Council should retire into legal session briefly and be briefed on the stand the Council took at that time and make some kind of•a decision as to whether the Council will continue this stand, or where it stands legally, because the Council made a legal decision at that time. The Mayor noted that Irving Oil Limited was represented at the meeting by Mr. John E. Irving and Mr. D. Gillis, Barrister. The Council members agreed to hear a representative of the said company at this time. Mr. Irving advised that in the interests of doing all possible to prevent a recurrence of the explosion which oc- curred in January at the service station site at the intersection of Chesley Drive and Douglas Avenue, the new proposed service station has been designed to the best of the ability of the engineers and architects to eliminate this problem; the plans.have been studied by the Fire Chief and some good recommendations were forth- coming as a result which are appreciated by the company and which will be adopted; the plans also went to the Provincial Fire Marshal for their recommendations with regard to service stations which will follow, and this particular service station will be built according to the Canadian standards; they are eliminating the basement underneath the building completely, filling in the site and placing the building on top of the ground; the reasons the company is interested in this particular location are many: they have a refinery under construction in Saint John which is to be the largest in Canada and they need a market for its products - this site is an excellent location; at the moment, the company employs a good many tradesmen, engineers and professional people in constructing the refinery and they want to keep the company progressing and going ahead; the company has its head office-;.in Saint John and it makes an extra effort to try to establish good service station locations; this particular location is at to centre of the tourist industry in Saint John; there is a nice civic park overlooking the islands in the Reversing Falls and there is a tourist bureau at the other end of the Reversing Falls bridge - the tourists who visit these points besides looking for restaurant facilities and a vantage point to view the Falls would be,provided by the proposed service station with a service of washroom facilities and servicing of their automobiles; incorporated in the service station design is a waiting room overlooking the Reversing Falls. He pointed out that the company is faced with a problem of redevelopment of the city which involves elimination of a :Lot of its service station locations (on Erin Street, at the Viaduct on Paradise Row, at the corner of Prince and Ludlow Streets in West Saint John - the latter has been demolished to make way for the harbour bridge - and the present station on Wall Street is going to be demolished in connection with the throughway, and the Dock Street station is slated to be removed by urban renewal, and the same applies to the station on Smythe Street). He made the point that the company is not asking for a permit to build a new service station, but for permission to rebuild an existing service station that has been in business for a good many years; they are setting it farther back from the property line in accordance with the regulations of the new by -law. He stated that as Douglas Avenue, which is a residential street, is no longer a main artery and is now a "stop" street, the traffic problem which existed there a few years ago no longer exists, and Chesley Drive is now a main artery; the other point is we have a harbour bridge which provides a second means of crossing the River, and possibly there will be a third bridge farther up the River. He stated that the company would appreciate reconsideration by all concerned of the com- pany's application in question. He added that the company, in the matter of curb cuts for exits and entrances from and to Chesley Drive, proposes to establish these in accordance with the City's by -laws; the company plans to landscape the site along the top of the fill at the bank to enhance the appearance of the property. In asking for the Council's opinion as to whether the subject of this service station that was a matter ' of record in legal session of Council should be brought out publicly at this time, Councillor Kipping expressed the view that it.-should be done because it is so relevant to the topic under discussion that it be brought out at this time - he added that it is, in fact, a Council decision of record. Mr. Rodgers advised that he has examined the said resolution that was adopted by Council in January, 1974, and that if the Council wishes that motion made public there is no legal liability involved in the motion, so therefore it is a Council decision whether or not to make it public. A poll was taken of the Council members at this time, and the majority indicated that they desire that the record in question remain in legal session. Councillor A. Vincent asked the Fire Chief if he is satisfied that the application in question has met ' all the regulations and that the service station will be safe. In reply, Chief Clark stated that he made his submission to the City Manager, he discussed it with the representatives from Irving Oil Limited by telephone who indicated to him that the company is prepared to meet all the recommendations contained in his report of May 24th, 1974 - this has not been confirmed to him in writing as yet by the company; the recommendations went beyond the regulations because we had two problems - we were looking at the;- explosion situation of January 4th, 1974 - one was the basement which, according to the plan submitted to his office, had been rectified because it is eing filled in, and the other was the knocking over of the gasoline dispenser by the transport truck - in his opinion, all petroleum companies provide very little protection for their dispensers and his recommendation (which is above and beyond the regulations) was that they increase the height of the island from six to eight inches and provide a protection at the end of the islands where the dispensers are located to approximately twelve inches. In rebuttal, Councillor Kipping stated that he has a report from the Fire Chief dated January • 14th, 1974 (which directly sets forth the Chief's points of concern regarding the possibility of not allowing the reconstruction of this service station at the former location). Councillor Kipping - oontended that if the vote is taken now on the motion, it is on the basis of incomplete information. He stated that the Council intended that the station not be rebuilt, on the basis of the information he has, and that the Irving interests be notified in January - this was not done; he also has the letter from the Fire Chief to the Acting City Manager recommending j hat the rebuilding of this service station not be permitted. 138 �NV/ >s� 67/ �� Question being taken, the motion was lost with the Mayor and Councillors A. Vincent, Green, 1 Cave and Hodges voting "yea" and Councillors Kipping, Davis, Pye, MacGowan, Higgins, M. Vincent and •rd Gould voting "nay ". C',/ &s /p On motion of Councillor Davis buy /as Ave. Seconded by Councillor Higgins RESOLVED that the by -law entitled "A Law to Amend a Law Entitled 'A Law to Regulate the Building of Gasoline Service Stations and Public Garages and the Licensing Thereof and of Gasoline Pumps Within The City of Saint John"' is hereby amended so that the use or Sepyiee occupation for the purposes of a gasoline service station of any building or parcel of land not hitherto —_a/ / Uh used as or for a gasoline service station within the area known as the City of Saint John is prohibited: �p_ /a AND FURTHER that the above named amendment entitled "A Law to Amend a Law Entitled 'A Law to ' ! Regulate the Building of Gasoline Service Stations and Public Garages and the Licensing Thereof and of -?& eP)d#W ^ Gasoline Pumps Within The City of Saint John "' be read a first time. Question being taken, the motion was carried with Councillors A. Vincent, Cave and Green voting "nay ". Councillor Higgins, who had withdrawn from the meeting, was not present when the vote was taken. Read a first time the by -law entitled "A Law to Amend a Law Entitled 'A Law to Regulate the ' Building of Gasoline Service Stations and Public Garages and the Licensing Thereof and of Gasoline Pumps Within The City of Saint John' ". On motion of Councillor Green II I Seconded by Councillor Hodges UpAp /g/7 RESOLVED that the letter from the Redevelopment Officer, advising 6,07 'J y that Mr. Donald Keddy made a request to the Co- ordinating Committee for the Partnership that he be permitted to add a steak and lobster roof top restaurant to the Keddy Motor Inn presently under con- �y struction on Main Street, that the Partnership feels that the restaurant proposed (as shown on the sub- mitted plans) will be a definite asset and will provide a much needed service in this city, and that in recommending the approval of this change, the said Committee and the Urban Redevelopment Office submits • the plans illustrating the proposed restaurant, be received and filed and the recommended approval be granted. Councillor A. Vincent raised the question of how much the above restaurant addition will in- crease the building permit for this construction project. Mr. Buck advised that the plans that were in the hands of the Common Clerk will be presented to the Building Inspector for purposes of a building permit provided the Council gives approval to the addition of this proposed restaurant. Councillor A. Vincent expressed objection to the Council being asked to give a carte blanche approval before the Building Inspector sees the plan and without knowing about details such as fire escapes, et cetera in Perm / relation to this proposed restaurant. Mr. Barfoot advised that the proposal has been examined by the City staff and the Urban Redevelopment office with a view to examining its desirability, and will be thoroughly studied by the Building Inspector and any others concerned. Councillor A: Vincent commented ✓dy. 1pspe4CZJp that he is being asked to vote on something about which no -one has given him any satisfactory infor- mation. Councillor Higgins re- entered the meeting. Councillor A. Vincent asked if the City Architect has seen the plans in question. Mr. Barfoot noted that all the Council is being asked for is to approve the idea of the change to permit the addition of this roof top restaurant. Councillor A. Vincent asked for a report at the next meeting CO� from the Legal Department regarding what effect this restaurant addition will have on the land which Q/1 C /!' •J ZO was sold to this developer at a certain price for a specific purpose. He felt that if this developer is adding to that original proposal we should get a little more money for the land because, in his // fie7h� VAIse� opinion, it makes the land that much' more valuable. Mr. D. Carter, Economic Co- Ordinator, entered the meeting. Councillor MacGowan expressed concern as to any effect on the view from Fort Howe that this additional storey on Keddy Motor Inn would have, and she asked where on this structure the restaurant • �O� fi�oive will be added. In reply, Mr. Barfoot gave assurance that the question of the view from Fort Howe has (View been considered and that this extra storey on the building makes no difference because it is a con- siderable distance from Fort Howe and it cuts off a very small angle of viewing, if any; he advised that the restaurant will be on top of the main building - there is already a projection and the restaurant is an additional part on top. On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that in accordance with the recommendation contained in ' OAIm the letter from the Planning Advisory Committee dated June 18th, 1974, the Council resolution of /�� COLGAC October 23rd, 1972 which adopted the report entitled "North End Renewal Scheme Area, Physical Design /� 4W Concepts" and the subsequent resolution of November 19th, 1973 be varied by allowing a steak house to tY dH Ye7ri Cad be erected on the roof of the Keddy Motor Inn that is presently being constructed on Site "J" in the orth End Urban Renewal Scheme on Main Street. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that as recommended by the Planning Advisory Committee, /TLS Al the City accept payment of the following sums of money in lieu of the setting aside of land for public purposes as the areas involved in the following named sub - divisions are too small for use a public O yp[ 106',ROAP urpose land, namely:- (a) from Umberto and Battisto Rocca, the amount of $360.00 based on the Real /�os<a� Estate Department's appraisal (regarding the sub - division of lot 33 on the west side of Seacliff Lane 04* ;into lot 74 -1 and 74 -2; (b) from Fred Howland, the amount of $200.00 based on the Real Estate Department's ppraisal (regarding the division of property on the westerly side of the highway at South Bay into qA� lyod la lot A -1 which contains the Howland dwelling, and into lot A -2 which is'for sale). r/l"d awk;7d On motion of Councillor Higgins • Seconded by Councillor Green RESOLVED that the letter from the Planning Advisory Committee ad- II I r %h ". Ado. b"m - /. g/Dd 'Y emu ®a' n-,4/ O B9 ✓2.A11dF-eI ez�- ? / Sam -�i P1. PA? dti -0®1r `Jf�e� oid�d 0sZXK� 4°p°pS �jtamiOP/ a Ad. 1#45eel- iIGR2py 5 Q i \J tr - L E G A L 7_ A- P731 14 66 . 139 vising that with regard to the construction of three buildings in the area of Somerset Park bounded by the ex- tension of Sussex Drive (Derby Street), Lime Kiln Road and Somerset Street by Mr. J. B. Elliot et al the Recreation and Parks Department would be satisfied to have a proposed block "N ", shown on the submitted plan, and containing 4.19 acres, for recreation purposes, and that this would be acceptable only on the following conditions:(1) future developers will provide on -site tot.facilitiate within future building areas; (2) future =..., developers will assume full responsibility and costs for constructing the streets abutting block "N" as these 'streets become required for future developments; (3).the present developer will bear survey and legal fees in the creation of block "N" and its vesting in the City as land for public purposes -- and further advising that the Committee agrees with staff and recommends that the Council concur and now assent-to the sub - division plan which will be necessary to implement this recommendation, and also recommends that the City Solicitor be asked to prepare such agreement as may be necessary to guarantee the conditions for the acceptance of proposed block "N" for recreation purposes -- be received and filed and the recommendations adopted. Councillor MacGowan, referring to the above named matter, expressed the hope that the Building In- spector will make sure that this meets our standards. On motion of Councillor Kipping Seconded by Councillor MacGowan RESOLVED that the City Solicitor be instructed to examine the past and available legislation and report to Council on what steps are required by Council in order to have a recall provision in existence for the recall from office of anyone elected to municipal office in Saint John. Councillor A. Vincent felt that the above action is out of order because this is a Provincial matter and is something that the Provincial Government would introduce into the legislation concerning the Election Act, and not the City. He noted that if the Provincial Government wanted the recall procedure provided for in the Act, it would do so. Question being taken, the motion was carried with Councillors A. Vincent and Green voting "nay ". Councillor Green also felt that any change in the said Act would have to be initiated by the Provincial, and not the City, government. On motion of Councillor Higgins Seconded by Councillor Kipping RESOLVED that the letter from the Master Plumbers Examining Board advising that Mr. Francis Hickman of 49 Kennedy Street, Saint John, has successfully passed his Master Plumber examin- ation and recommending that his application be approved and that a 1974 master plumbers license be issued to him, be received and filed and the recommendation adopted. Councillor A. Vincent asked that the Mayor obtain official word from the Province on the retention of the Plumbing Inspector in the City of Saint John. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from Shamrock Realty Ltd. requesting a variation to the existing zoning for the second part of Phase 1 of the Highmeadow Park development, which would permit a reduction in the number of units by two from 26 to 24 with the types and sizes of units being also changed to suit the existing site conditions, the proposal now being to have four smaller groups of units to replace the previous three larger groups, be referred to the Planning Advisory Committee for a report. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that the letter from Bay Realties Ltd. requesting that the City have the present construction of buildings on the 9 -acre public lot at Woodlawn Park Subdivision at Red Head stopped, and that the City transfer the said public lot to Bay Realties Ltd. be referred to the Legal De- partment for legal advice. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that an item concerning the traffic rotary at Russell Street, Avenue and Rothesay Avenue be added to the agenda for this meeting. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that a 24 -hour rotary traffic pattern be instituted on Rothesay Russell Street and Thorne Avenue for the period July 2nd to August 31st, 1974. On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that the matter be laid on the table until the next regular ting of Council. Question being taken, the tabling motion was carried with the Mayor and Councillors Cave, MacGowan, pping, A. Vincent, Green and Pye voting "yea" and Councillors Hodges, Davis, M. Vincent, Gould and Higgins ting "nay ". On motion of Councillor Davis Seconded by Councillor MacGowan RESOLVED that the meeting continue, in legal session. Councillor A. Vincent withdrew from the meeting. With regard to the application made by Irving Oil Limited to rebuild a service station at the Chesley ive and Douglas Avenue intersection site and in view of the action taken by Council at this meeting in this tter, Mr. Rodgers advised that the applicant may possibly take steps to obtain an Order from the court ordering at the City issue the license because as of the time the application is made to court the by -law does not 140 Common 'lerk. At a Common Council, held at the City Hall, in the City of Saint John, on Tuesday, the second • day of July, A. D. 1974, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Higgins, Hodges, MacGowan, Pye, A. Vincent and M. Vincent ' - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, J. C. MacKinnon, Assistant Director of Works - Operations, C. Robichaud, Assistant Director of Works - Engineering, M. Zides,'Municipal Planning. Director, R. H. Stone, Deputy Chief of Police, R. Thompson, Assistant Redevelopment Officer, F. Grass, Information Officer, D. French, Director of Personnel, and M. McCavour, Assistant Secretary of Saint ' John Industrial Parks Ltd. The meeting opened with a prayer which was invoked by The Reverend David Crabtree, pastor of J Calvary Temple. Deputy.Mayor Higgins made note that Mr. Crabtree and family will be leaving Saint John shortly C� for Desmoines, Iowa, United States of America, where he has accepted a pastorate, and that during his pastorate over the last twenty years he has made a great contribution to the quality of life in the City of Saint John. On behalf of the Common Council, Deputy Mayor Higgins expressed to Mr. Crabtree the thanks and appreciation of Council in this regard. On motion of Councillor Cave • Seconded by Councillor Higgins RESOLVED that minutes of the two meetings of Common Council held on June 24th last, be confirmed. ®/ prohibit the service station in question. He stated that if these steps are taken by the applicant Trw/hf 00�&de. the only thing the Legal Department can do at this time is argue that the Council has deliberated on it and has taken steps to prohibit this and that the Order should not be issued; what action the court • would take is anybody's guess. Mr. Rodgers advised that with reference to the grievance from the Saint John Policemen's Protective Association, Local Union No. 61, C.U.P.E. concerning statutory holidays which was denied by Council in Committee of the Whole on April 22nd last, the matter has gone to arbitration and the arbitration hearing is set for next week. Mr. Barfoot at this time read a letter, dated June 14th, C0�69f/e� 1974, from the said Association in reply to,the said decision made by Council in Committee of the Whole on April 22nd which advises that this reply is not satisfactory to the membership and that under the terms of Article 12 of the present collective.agreemenb between the union and the City the union wishes to place this grievance before an arbitration board, and that the union's appointee to ' the board is Mr. George Vair of 1815 Manawagonish Road, Saint John West. He added that the letter requests that the City appoint a member to the said board and that a chairman be selected so that this dispute can be resolved at the earliest possible time.. He stated that when the City staff had received this letter and in the interim period prior to the Council meeting we approached Mr. Patrick Darrah to serve on the City's behalf on this arbitration board and he has accepted. On motion of Councillor M. Vincent Seconded by Councillor MacGowan , �/y g�n RESOLVED that with regard to the matter of the grievance J." ®llee� submitted by the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. which claims �is0 a violation by City management of Article 16 (1) of the present collective agreement regarding the /� number of statutory holidays received by members of the Association, and the desire of the Association •V&Cf0/+� �D1' to place this matter before an arbitration board, Mr. Patrick Darrah be appointed as the appointee of �S to City to the said arbitration board. ����// ``// +'(1044 // a Councillor Kipping noted that in the letter copy which was provided for the information of �g� Council, of the June 12th, 1974 letter directed to J. D. Irving Limited Equipment Division by Mr. C. A. Robichaud, Assistant Director of Works- Engineering, in which the company is informed that the City will allow the transportation of heavy loads from the Saint John Dry Dock to the Irving Refinery • PT/9�tia�r6 / ®�J on City streets up to a maximum of 130 tons net weight, and that this approval is subject to the company accepting x.11 liability with respect to the repair of City streets and services damaged by transporting these loads, and that on June 12th, 1974, letters were received from Commercial Union Assurance Group confirming that the said company has insurance which would guarantee repairing any damages to the said Y streets and City services during the transportation of the said heavy loads, up to a limit of BBL $100,000.00. He commented that, in his view, this is not a sufficient amount of insurance coverage. C/ ,sus S Mr. Barfoot, in reply, stated that the subject was discussed a number of times between the City5staff %� / and company representatives and this amount was considered a reasonable coverage for the amount of _rp� risk that was.being incurred. S T� �% %��`•, On motion The meeting adjourned. ,�(/aayj IISS 63 �2 ' Common 'lerk. At a Common Council, held at the City Hall, in the City of Saint John, on Tuesday, the second • day of July, A. D. 1974, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Higgins, Hodges, MacGowan, Pye, A. Vincent and M. Vincent ' - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, J. C. MacKinnon, Assistant Director of Works - Operations, C. Robichaud, Assistant Director of Works - Engineering, M. Zides,'Municipal Planning. Director, R. H. Stone, Deputy Chief of Police, R. Thompson, Assistant Redevelopment Officer, F. Grass, Information Officer, D. French, Director of Personnel, and M. McCavour, Assistant Secretary of Saint ' John Industrial Parks Ltd. The meeting opened with a prayer which was invoked by The Reverend David Crabtree, pastor of J Calvary Temple. Deputy.Mayor Higgins made note that Mr. Crabtree and family will be leaving Saint John shortly C� for Desmoines, Iowa, United States of America, where he has accepted a pastorate, and that during his pastorate over the last twenty years he has made a great contribution to the quality of life in the City of Saint John. On behalf of the Common Council, Deputy Mayor Higgins expressed to Mr. Crabtree the thanks and appreciation of Council in this regard. On motion of Councillor Cave • Seconded by Councillor Higgins RESOLVED that minutes of the two meetings of Common Council held on June 24th last, be confirmed. r 14 1 On motion of Councillor A. Vincent •�`��� Seconded by Councillor M. Vincent C7�eoj RESOLVED that in regard to the death on July lst last of Mrs. Blanche ��g�� % /�� L. Green, mother of Councillor Green, a tribute of flowers be sent from the Common Council and a letter of G +.Me77 sympathy go forward to the bereaved family. �s On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that the letter from the City Manager advising that it has been Se,W.Vqe established that the combined sewage facility to be used by the municipality and Irving Pulp and Paper Limited ' f7,57%f�% yjy is not going to be constructed, and that it is now necessary to proceed with the construction of a secondary Sitq`e. o zo pumping station to pump the low lying sewers from the ".Spruce Lake Industrial Park, South Bay, Milford-Randolph- PV/ � Greendale and the Fairville Boulevard valley up into the treatment plant, and further advising that the type of pumping station proposed (which will employ screw pumps to lift sewage from a low lying sewer to a treatment plant) 4 ease a would cost approximately $80,000.00 - and recommending that W. H. Crandall and Associates be engaged as consult- ants to design and inspect the construction of a pumping station at the Lancaster;;Sewage Treatment Plant site Sddi��7`` �l�/ and be paid the current scale of minimum fees for consulting engineering services, as outlined by the Association /j%!/�vYlss of Professional Engineers of the Province of New Brunswick -- be received and filed and the recommendation be /�07 �y+6r.* adopted. Sets/ On motion of Councillor A. Vincent Seconded by Councillor Davis RESOLVED that the matter be laid on the table for a week so that the Council can be apprised of the status of the project. Question being taken, the motion to table was carried with Councillor Cave voting "nay ". On motion of Councillor Higgins • ®�� Seconded by Councillor M. Vincent 6"` � RESOLVED that the report for May -of the Building and-Technical In- 6"` Services, including the Plumbing Division, be received and filed. ��� In reply to a query made by Councillor A. Vincent, as to when the permit for excavation work at the site for development of Brunswick Square will be obtained by Trizec Corporation, Mr. Barfoot stated that he will endeavour to obtain that information for the Council. rm aee Cpf+ Councillor A. Vincent commented that the City staff should bring in a report very soon on the matter of m issuing progress building permits. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the annual report for the year 1973 of the Recreation and ¢ Parks Department be received and filed. Councillor MacGowan called attention to the fact that the above report, in the section devoted to "Turf Maintenance ", states concern that budget and manpower restrictions are preventing the proper topdressing and fertilizing programmes necessary to maintain quality turf throughout the park systems, and expressed the hope that the Council will give careful consideration to this situation when considering the next capital budget. Councillor A. Vincent stated that he would like a report for the next meeting of Council as to why this qpw_ year St. Mary's Band has not been included in the schedule of band concerts. He stated further that he would like to know what happened at the time of the recently scheduled concert to be given by the band of the Royal Marines from the Royal Navy carrier H.M.S. "Hermes ", when no chairs were provided at the bandstand for these band members. *A J He asked for clarification of this incident. • 1 1 *7w -w , On motion of Councillor MacGowan �� �� 149— Seconded by Councillor Cave ,'/ RESOLVED that the annual report of the Police Department for the year 1973 Ali ,__ -, _ be received and filed. ± oiice�d�G'VS+ Councillor M. Vincent suggested that the Council should study the matter of salaries for probationary constables for the Police Department, as it is his understanding that one of the problems in attracting the desired type of police officers for our Police Force is the amount of salary for this category. He felt that the 5!F/evQ'v% dm,T vacancies in the Police Department should be filled as soon as possible in view of the points made in the above noted report on the seriousness of the crimes that are being committed and the fact that all available resources �Oal of the Department are being utilized to the fullest extent in dealing with the situation. Councillor Pye, in referring to the section of the said report dealing with taxi by -law enforcement and the comparative statistics for 1972 and 1973 regarding checks and orders for cars to be washed, noted that there was a sharp decline in numbers during 1973 and stated he feels the job is not being done, according to such figures. Noting that in the past there was a Taxi Inspector to perform these duties, but that now these duties 7� have been added to those of the Traffic Inspector, he stated he feels the Traffic Inspector's duties are suf- ficient in that capacity and that Taxi Inspector is a full -time job. He stated that his point is that the taxi 5i -16XI inspector's job, under the present set -up, is not being done with the result that the taxi cars are in a deplorable condition and the taxi operators are not receiving the attention they should when making application for licenses. He stressed that we must have a full -time inspector. The Mayor and Councillor Pye concurred in the suggestion / advanced by Councillor Higgins that when the Council holds discussions with the new Chief of Police on personnel matters this particular subject would properly belong with items to be considered at that time. Councillor Davis made note that it was not the object in appointing the Traffic Inspector as the taxi inspector to have him per- sonally check the taxi cars, but he could have personnel under him (even as high as ten men) to carry out these GT duties; he does not believe this has been done by the Police Department, to date. Councillor A. Vincent stated that he is not happy about the amount of stolen goods and with the rumour 1 about insurance companies buying back stolen goods. He indicated that it was his desire that the Council immed- S'4 v g" iately request a meeting with the Attorney General of New Brunswick to see what can be done about this matter. As this was not an item for the agenda before the meeting, he agreed to introduce the subject for the next meeting of �D� ��✓✓,t Council. 142 salt - /eo7se► 06PP `X & O Fq�wPweat xah:� .N On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the City Manager, approval be given to amend the sub -lease with C. P. Rail for premises occupied in the City Hall building, this company having moved, at the-request of the City, from its 792 square feet of office space on the northeast corner of the ninth floor which it was renting at an annual rental rate of $5.80 per square foot for a period of three years with two 1 -year options to renew, into the area formerly occupied by the City Solicitor on the eighth floor - this new office space which is occupied by C. P. Rail having been agreed to as 440 square feet -- and that sub -lease and the rental be adjusted accordingly, as from June 10th, 1974. Councillor MacGowan noted that as a result of the civic departments being moved around in the City Hall building some crowding has occurred. She felt that the Council should give thorough study to the whole situation before permitting any further re- allocation of space in the City premises in the building or allowing any further expenditures in this regard, it being her view that the City- occupied premises is not being put to the most advantageous use. On motion of Councillor MacGowan 0 Seconded by Councillor Cave , RESOLVED that in accordance with the recommendation of the City Manager, approval be given for .payment of the invoice from Earthco, dated June 11th, 1974, in the amount of $2,890.80, for the supply of equipment to the Works Department during the period May 15th to 30th, 1974• It was noted that no objections had been received to the proposed amendments to the text of the Zoning By -Law which were given first and second readings at the Council meeting held on June 12th last. On motion of Councillor Cave Seconded by Councillor Higgins RESOLVED that of The City of Saint John and Amendments Thereto ", ly:- the by -law entitled "A Law to Amend the Zoning By- insofar as it concerns the following amendments, 1. Inserting the following two definitions in the appropriate locations in Section 2: (ia) "cabaret" means a cabaret, club or lounge under the Liquor Control Act, Revised Statutes of New Brunswick, and any T v��� regulations pursuant thereto; (bea) "tavern" means a tavern or beverage room under the Liquor Control Act, Revised Statutes of New Brunswick, and any regulations pursuant thereto. 3. Amending Section 101 by (1) Deleting subelause (xiv) of clause (a) of subsection (1); (2) Re- designating subclauses (xv) to (xviii) of clauses (a) of subsection (1) as subclauses (xiv) to (xvii) inclusive; (3) Deleting subsection (4). (4) Redesignating subsections (5), (6) and (7) as subsections (4), (5) and (6); (5) Substituting "subsection (4)" for "subsection (5)" in the subclause (xvii) of clause (a) of subsection (1); (6) Substituting "subsection (5)" for "subsection (6)" in clause (b) of subsection (1); (7) Redesignating clauses (d) and (e):in subsection (2) as clauses (e) and (f) respectively; (8) Inserting the following as a new clause (d) in subsection (2): "(d) an office, business or professional ". Taa'i stand 4. Amending subsection (2) of Section 101 by: (1) Redesignating clause (e) as clause (f); (2) Inserting a new clause (e) to read as follows: "(e) a taxi stand; or "; (3) Deleting the word "or" at the end of clause (d). • tAa 5• 1. Inserting the words "subject to clause (k) of subsection (2) ", at the beginning of clause (a) of subsection (4) of Section 109. 2. Redesignating clauses (k) and (1) of subsection (2) of Section • TalWrh 109 as clauses (1) and (m) respectively, and 3. Inserting the following as clause (k) in subsection 109: C� O G /a14.1 (k) a tavern or cabaret in a building or portion thereof in a shopping centre which has no direct access into or from a mall or retail area hallway, a retail or similar area". //,40'a jf°7/ reps/Vy F /ova ansa 6. Amending subsection (2) of Section 183 by: (1) Redesignating clause (e) as clause (g); (2) Inserting two new clauses (e) and (f) to read: "(e) a hospital (f) a university, or "; (3) Deleting the word "or" at the end of clause (c). 7. Adding the following as subsection (3) to Section 190: (3) For the purposes of this Section, "floor area" does not include garages, basements, carports, verandas or breezeways. 8. Amending subsection (1) of Section 217 by:(1) Substituting the following for clause (k): "(k) for a dwelling; one space for each dwelling unit plus one additional space for every four dwelling units in a multiple dwelling having four or more dwelling units, except for 25 per cent of the units in a multiple dwelling in an "RM -3" or "B -3" zone or 50 per cent of the units in a senior citizens housing $s project "; (2) Substituting the following for clause (ka): "(ka) for an efficiency apartment: one space for each four units plus one additional space for each 10 units and one space for each dwelling unit other than efficiency units in the building ". - be.read a third time and enacted and the Corporate Common Seal affixed thereto. Councillor MacGowan registered her dissent to permitting a tavern or cabaret in a building or portion .thereof in a shopping centre which has no direct access into or from a mall or retail area hallway, a retail or similar area - noting that the reason given for this change in the Zoning By -Law is that it would permit a tavern, beverage room, cabaret, lounge or club where it will be away from the pedestrian or family shopping areas in shopping centres. She recalled that the Common Council up until now had a policy or refusing such things in shopping areas and has not approved them, and she stated that in her opinion this amendment to the by -law leaves it wide open for them, other than that they would not be accessible from the same entrance, but they will be in the area. She stated that she can- not accept this and therefore she has to vote against the motion, and the reason she did not vote against the first two readings in this particular matter was because she thought the Council was dealing with one section at a time of these amendments. She stated she feels it is a big mistake to amend the Zoning By -Law in this particular matter. • S I 2• Inserting the following as a new subsection (3) in Section 5: (3) The Committee, subject to such terms one year, removal of and conditions as it considers fit (a) may a development otherwise prohibited by this a development authorized under clause (a) authorize, for a By -law; and (b) shall at the end of the temporary period not require the termination authorized period. exceeding or 3. Amending Section 101 by (1) Deleting subelause (xiv) of clause (a) of subsection (1); (2) Re- designating subclauses (xv) to (xviii) of clauses (a) of subsection (1) as subclauses (xiv) to (xvii) inclusive; (3) Deleting subsection (4). (4) Redesignating subsections (5), (6) and (7) as subsections (4), (5) and (6); (5) Substituting "subsection (4)" for "subsection (5)" in the subclause (xvii) of clause (a) of subsection (1); (6) Substituting "subsection (5)" for "subsection (6)" in clause (b) of subsection (1); (7) Redesignating clauses (d) and (e):in subsection (2) as clauses (e) and (f) respectively; (8) Inserting the following as a new clause (d) in subsection (2): "(d) an office, business or professional ". Taa'i stand 4. Amending subsection (2) of Section 101 by: (1) Redesignating clause (e) as clause (f); (2) Inserting a new clause (e) to read as follows: "(e) a taxi stand; or "; (3) Deleting the word "or" at the end of clause (d). • tAa 5• 1. Inserting the words "subject to clause (k) of subsection (2) ", at the beginning of clause (a) of subsection (4) of Section 109. 2. Redesignating clauses (k) and (1) of subsection (2) of Section • TalWrh 109 as clauses (1) and (m) respectively, and 3. Inserting the following as clause (k) in subsection 109: C� O G /a14.1 (k) a tavern or cabaret in a building or portion thereof in a shopping centre which has no direct access into or from a mall or retail area hallway, a retail or similar area". //,40'a jf°7/ reps/Vy F /ova ansa 6. Amending subsection (2) of Section 183 by: (1) Redesignating clause (e) as clause (g); (2) Inserting two new clauses (e) and (f) to read: "(e) a hospital (f) a university, or "; (3) Deleting the word "or" at the end of clause (c). 7. Adding the following as subsection (3) to Section 190: (3) For the purposes of this Section, "floor area" does not include garages, basements, carports, verandas or breezeways. 8. Amending subsection (1) of Section 217 by:(1) Substituting the following for clause (k): "(k) for a dwelling; one space for each dwelling unit plus one additional space for every four dwelling units in a multiple dwelling having four or more dwelling units, except for 25 per cent of the units in a multiple dwelling in an "RM -3" or "B -3" zone or 50 per cent of the units in a senior citizens housing $s project "; (2) Substituting the following for clause (ka): "(ka) for an efficiency apartment: one space for each four units plus one additional space for each 10 units and one space for each dwelling unit other than efficiency units in the building ". - be.read a third time and enacted and the Corporate Common Seal affixed thereto. Councillor MacGowan registered her dissent to permitting a tavern or cabaret in a building or portion .thereof in a shopping centre which has no direct access into or from a mall or retail area hallway, a retail or similar area - noting that the reason given for this change in the Zoning By -Law is that it would permit a tavern, beverage room, cabaret, lounge or club where it will be away from the pedestrian or family shopping areas in shopping centres. She recalled that the Common Council up until now had a policy or refusing such things in shopping areas and has not approved them, and she stated that in her opinion this amendment to the by -law leaves it wide open for them, other than that they would not be accessible from the same entrance, but they will be in the area. She stated that she can- not accept this and therefore she has to vote against the motion, and the reason she did not vote against the first two readings in this particular matter was because she thought the Council was dealing with one section at a time of these amendments. She stated she feels it is a big mistake to amend the Zoning By -Law in this particular matter. • S I r • .jusif - .j/9iS c.. o. lvev- "w'0cam/ 14c/ppe -76A Aft , i //tea/ �%or /b7�O7ZL 1423 Question being taken, the motion was carried with Councillor MacGowan voting "nay" The by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ", read in its entirety prior to the adoption of the above resolution. It was noted that no objections were received regarding the proposed amendment to the Zoning By -Law to re -zone for Chisholm Adjustment Co. Ltd. a parcel of land having a frontage of approximately 130 feet on Adelaide Street and a frontage of approximately 131 feet on Old Adelaide Road to "B -2" General Business classification. On motion of Councillor Cave Seconded by Councillor Higgins RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning a parcel of land having a frontage of approximately 130 feet on Adelaide Street and a frontage of approximately 131 feet on Old Adelaide Road, being the site of the former Gulf Oil service station, from "RM -1" Multiple Residential district to "B -2" General Business district, be read a third time and enacted and the Corporate Common Seal affixed thereto. Referring to the letter dated June 18th, 1974 from the Planning Advisory Committee to Council in the bove matter, which advises that the Committee discussed the status of this property under the Municipal Develop - .ent Plan and that the Plan designates this area as low density residential and the present zoining is "RM -1" [ultiple Residential, and that it was thought that it was being unreasonable to expect the re -use of this property or multiple residential purposes and that re- zoning and Plan amendment would be in order for General Business use. ouncillor MacGowan felt that this would be an ideal spot for re -use of this land for multiple dwellings in view f the need for housing. In explanation of the statement in the Committee's letter about the use of this property or residential purposes being unreasonable, Mr. Zides stated that there have been people who have looked into sing this abandoned service station site for apartments and they have found it uneconomic for apartments. He dded that the developer of this property would be building a small office addition to the existing building and he present building with a small extension would serve as a kind of drive -in appraisal service when accidents ccur to cars, in connection with the business of these insurance adjusters. Councillor Higgins pointed out that 30 -foot easement is involved in this particular property and that it would not be in the best interests to place n apartment building over this sewer conduit; there would not be room for it. Councillor A. Vincent stated that e would like the Fire Department to look into the matter of having the old gasoline tanks at this abandoned ervice station site removed, as it is a safety hazard. The by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" read in its entirety prior to the adoption of the above resolution. On motion of Councillor Davis Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee with regard to the development by Chisholm Adjustment Co. Ltd. of the former service station property which has a 130 -foot frontage on Adelaide Street, a 131 - foot frontage on Old Adelaide Road and a depth ranging from 120 to 150 feet, advertising be instituted to amend Schedule 2 -A of the Municipal Development Plan by showing the property on the submitted plan as commercial sub - centre, and authority be granted to amend Schedule A of the Zoning By -Law by removing the above named property from "EM-l" Multiple Residential to "B -2" General Business classification under Section 39 of the Community Planning Act limiting the use to that proposed (an office building with drive -in claims service) based on the plan of the development which is filed with the Common Clerk, and subject to an agreement being signed between the City and Chisholm Adjustment Co. Ltd. with respect to the 30 -foot easement for the sewer conduit on the property before a building permit is issued for the proposed office On motion of Councillor MacGowan Seconded by Councillor Davis RESOLVED that the by -law entitled "A Law to Amend a Law Entitled 'A Law to Regulate the Building of Gasoline Service Stations and Public Garages and the Licensing Thereof and of Gasoline Pumps Within The City of Saint John"' be read a second time. • Councillor MacGowan questioned whether the new proposed Section 1 for the above by -law, namely, "1. The use or occupation for the purpose of a gasoline service station of any building or parcel of land not hitherto used as or for a gasoline service station is hereby prohibited in an area known as the City of Saint John." will serve the purpose desired by the Common Council. • On motion of Councillor A. Vincent Seconded by Councillor Higgins RESOLVED that the matter be laid on the table and the Common Council be ded with another legal opinion. Question being taken, the motion to table was carried with Councillors MacGowan and Davis voting "nay" On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that as recommended by the Land Committee, Lot 14, Block 26, Lorne (Ward 12) located on Main Street be sold to Mr. Robert Ryan for the sum of $1,800.00. Councillor A. Vincent felt that the above sale price does not give the City a very large profit over and ove the cost to the City of $1,593.34 for demolition of the building which stood on this lot. Councillor Mac - wan felt_that although this is a small lot, it could be used by the City as a tot -lot for the children of the ea, rather than sell it. Councillors Davis and Higgins explained that this property was given to the City by e previous owner at the time the Council gave hearing resulting from an appearance notice that the building s dilapidated and dangerous, and the onus was on the City to demolish the building; that the Recreation and Parks partment does not want this lot for its purposes and the Land Committee, rather than see the lot remain vacant, d favoured the sale to Mr. Ryan who owns the adjoining property and have him improve this property and make it credit to the street. Question being taken, the motion was carried with Councillors A. Vincent and MacGloanvoting "nay" On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the letter from the Land Committee, to whom had been referred 144 SBh �a /y /Bav �a the enquizy from Mr. John P. Barry, solicitor for Mrs. Henriette Jacobson, as to whether or not the City is interested in purchasing his client's property at 185 Riverview Drive which is held in the name of Pearlglow Products Company Ltd., recommending that the City purchase this property which consists of three structures and 6,774 square feet of land from the said company for the appraised value of $5,500.00, and advising that the acquisition of this property is made upon a recommendation of the Planning Advisory Committee, be received and filed and the recommendation adopted. On motion of Councillor MacGowan Seconded by Councillor Cave i �n �7� RESOLVED that as requested by the Redevelopment Officer, approval �c/ be granted to settle total compensation with the Roy J. O'Keefe Estate for the freehold interest in �G 538 Main Street (F- 11 -26 -8) for a figure of $33,840.00, free and clear of all encumbrances and to include �i � any and all claims of any nature whatsoever, 'for the acquisition of this property for the North End Urban y p�f �s Renewal Scheme which property was expropriated on February 6th, 1969, the approval of the Partnership to S7p AJ &A? ". settle total compensation for this property at the said figure having been acknowledged, and that the said settlement be subject to the normal adjustments for outstanding taxes, water rates, et cetera as well as a deduction of $17,250.00 which was advanced to the former owner in May 1969. oil Councillor A. Vincent asked that the Council be provided with a complete list of all outstanding properties in the Urban Renewal schemes in the East and North Ends that have been expropriated and how `ir many of these are not settled; in addition, that this report also include a complete list of the easements L LL on the rights -of -way for the Musquash water system and for the Marsh Creek Sewerage Scheme for which the land owners have not been paid. The Mayor commented that the City Manager has taken a note of this re- P/ eoyg" quest. Councillor A. Vincent added that he would like the list within the next thirty days, if possible, gS� and that this report state the Urban Renewal properties that have been expropriated and are outstanding, and that have not been paid for and the offers made, et cetera. 0IFs`t. the �PP�� /5�,71IS �G boy deS -dr- /9ssod T% %w... ;%Rhf yy On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that as requested by.the Redevelopment Officer, approval be granted for the acquisition for the North End Urban Renewal Scheme of the freehold interests of the Estate of Maurice Fine in 21 Mill Street (F- 6- 11 -11) and 15 Drury Lane (F- 6- 11 -15) for a figure of $33,392.00 free and clear of all encumbrances and to include any and all claims of any nature whatso- ever - the settlement to be subject to the normal adjustments for outstanding taxes, water rates, et cetera - the approval of the Partnership for the acquisition of these properties in the said amount of $33,392.00 having been acknowledged. On motion of Councillor MacGowan Seconded by Councillor Pye RESOLVED that in accordance with the request of the Redevelopment Officer, approval be given for payment of the following accounts which were incurred for appraising the following named properties in connection with the North End Urban Renewal Scheme:- Appraisals Ltd. F- 6 -18 -4 Smythe Street Canadian Pacific Railway $ 315.00 F- 6 -19 =23 75 Dock Street J. D. Irving Ltd. %4.0o F- 6 -11 -5 48 -52 Smythe Street L. R. Mawhinney Ltd. 533.00 F- 6 -18 -1 Smythe Street National Harbours Board 210.00 F- 6 -11 -13 29 Mill Street Atlantic Surgical Ltd. 725.50 F- 6 -19 -5 37 -39 Dock Street Cash & Carry Cleaners Ltd. 2,176.00 $4,463.50 *This account includes an amount of $1,478.00 for consulting engineer's report (A. J. Callaghan & Associates) in evaluating equipment and equipment services. L- 6 -19 -19 9 North Market Wharf F- 6 -11 -5 48 -52 Smythe Street F- 6 -11 -12 23 -27 Mill Street F- 6 -11 -13 29 Mill Street F- 6 -11 -16 Smythe Street F- 10 -11 -2 19 Moore Street Tri -Town Realty L- 6 -19 -19 9 North Market Wharf J. D. Irving Ltd. $ 256.80 L. R. Mawhinney Ltd. 375.60 F. Green 319.80 Atlantic Surgical Ltd. 478.20 New Brunswick Electric Power Commission 164.00 Standard Realty Ltd. 332.50 $1,926.90 J. D. Irving Ltd. $ 49o.00 - the approval of the Partnership for payment of the above named accounts in the total amount of $6,880.40 having been acknowledged. Councillor A. Vincent, in commenting on the difference in appraisal fee from one appraisal company to another in appraising the same property, suggested that the City engage a good appraiser as a civic employee and also have a second appraiser on these jobs, in the interests of achieving more uniform appraisal costs on such properties. In reply, Mr. Barfoot pointed out that the properties acquired for the North End Urban Renewal Scheme have to go through an appraisal method approved by the Partnership, and that the City has on staff its own appraisers who are fully occupied in other work for the City. He stated that for the City to become involved in Urban Renewal matters it would mean more-staff, and some- times the independence of judgement of City employees is questioned when appearing on a matter such as this; it is better, in his opinion, for the City to have independent appraisers do the work. Question being taken, the motion was carried with Councillor A. Vincent voting "nay" Mr. R. Thompson advised that in regard to Councillor A. Vincent's question on the City employing another appraiser for such appraisal work, the.Federal and Provincial governments laid down the authority whereby the appraisalmust be done by independent, outside appraisers and not be appraisers engaged by the City because there is a tendency for prejudice. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that as per the request of the Redevelopment Officer, • • • �J • I r • /f/14 Ahz)os '7ef- ,vis. caow"- �i2- .//ZOP! /B�1 l4aagle1f � a�srs Ll 49 TiwAle, P61240�� 674ie7e oyC Arcvy i• p ® ®Gt S �oc� isa� / S • 145 approval be granted for the acquisition of the freehold interest from Standard Realty Ltd. in the-property at 19 Moore Street (F- 10 -11 -2) for a figure of $22,000.00 free and clear of all encumbrances and to include any and all claims of any nature whatsoever - with settlement to be subject to the normal adjustments for real estate taxes and water rates, et cetera - the approval of the Partnership for the acquisition of this property for the North End Urban Renewal Scheme for the said figure of $22,000.00 having been acknowledged. Councillor M. Vincent asked for an explanation of the variation between the assessed value of $12,900.00 and appraised value of $22,000.00 regarding the above named property. Mr. Thompson replied that it is used as an investment property and it brings in a ratio of approximately $6,000.00 per year as investment as opposed to the assessed value which is just placed for assessment purposes. Councillor A. Vincent made the point that in view of this figure of $22,000.00 which is the appraised value as well as the negotiated settlement, and of the said assessed value, and the fact that there have also been costs incurred for appraising this property, it would have been better to have settled four years ago for the figure of $22,000.00 and thus have saved the appraisal costs. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the recommendations contained in the letter from the Planning Advisory Committee dated May 13th, 1974 which accompanied a review of those areas of the City of Saint John which are currently classified as "P" park zones under the Saint John Zoning By -Law, be adopted, namely: - (1) that advertising be instituted to re -zone the areas shown on the submitted fifteen re- zoning sketches; (2) that advertising be instituted to amend the Municipal Plan as shown on the submitted two area sketches; (3) that the City of Saint John proceed to acquire the seven areas of land listed in the said letter, to enable the Recreation and Parks Department to further develop certain park sites. Noting that one of the areas referred to in the above noted letter for re- zoning to "P" park zone con - tains the property that the Council just approved for purchase from Pearlglow Products Company Ltd., Councillor Davis stated that he feels this particular site should be for industrial purposes (to permit the operation of a business related to the fishing industry). Councillor MacGowan pointed out that in the above named letter from the Planning Advisory Committee, in the section which discusses a future report dealing with ancillary issues directly related to Park zoning, there is the notation that members of the Advisory Committee and staff feel that their examination of these ancillary issues should form the basis of a future report dealing with Park zones, and listing, among other issues, the re- zoning to Park zone all City -owned land suitable for park and /or open space use. She stated that she is concerned about this matter, and feels that the Council could re -zone such lands now and do the work when the money permits; her point being that we should make sure we are going to have those green areas in our city, it being most important to have them not only for the purpose of enhancing the beauty of the landscape but for improving the air environment. She stated she feels it most important for the City to get involved in a big programme of open spaces and green areas, and that she hopes the Planning Department would take note of -her remark and make every effort to get these City properties zoned for park land. Councillor Gould noted that a property on Woodville Road is listed among those proposed for re- zoning from Park to "R -2" One and Two Family Residential classification, and stated that he is quite sure that the Recreation and Parks Department would be interested in obtaining that area for a parking area for the new Lowell Street arena. Mr. Zides explained that the decision to establish an arena at Lowell Street was made by Council subsequent to the submission of this report and that the question raised by Councillor Gould regarding the Wood- ville Road site would have to be checked to make sure there is no conflict now. Councillor Gould also raised the question as to whether the proposal to re -zone an area called "Lancaster Avenue, Bay of Fundy" from Park to "R -lB" One Family Residential classification means that possibly the property referred to is the ball field behind the Havelock School. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that the matter be laid on the table and a report be brought back to Council when the present report has been brought up to date, in a period of time not to exceed one month. Question being taken, the motion to table was carried. On motion of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that the proposal that a 24 -hour traffic rotary be instituted on Rothesay Avenue, Russell Street and Thorne Avenue for the period July 2nd to August 31st, 1974 be laid on the table and the matter of the said proposed rotary be referred to the Chief of Police for a thorough review of the problem and for a report toCCouncil. The Mayor noted that the Traffic Committee to which he referred in his statement read at the June 24th meeting of Common Council could very quickly be appointed by Council on recommendation from the Nominating Com mittee, to work closely on the matter of the said traffic rotary. Question being taken, the motion to table was carried with Councillors Higgins, Hodges, MacGowan and Gould voting "nay ". On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from Miss Nan M. Porteous of 156 King Street East, protesting the erection of booths in King Square during Loyalist Days and expressing the fear -that this would result in crowds of people trampling the flowers and leaving the Square with a devestated look for the rest of the summer, and stating that she looks to the Common Council as a whole to rectify this proposal and to make some other arrangements for the booths, be received and filed and a copy be sent to Loyalist Days Inc. Councillor Higgins felt that the Council is committed to the proposal for this year, on an experimental basis only, and noted that the Loyalist Days Inc. plans for using this site are advanced. Councillor A. Vincent suggested that consideration be given to relocating the site for these booths to King Street East, in front of the former Registry Office and County Gaol and the Court House buildings, and thus save the necessity of having to re -seed King Square in this area. He added that he is convinced that the City does not own King Square but that it is vested in Trinity Church. Councillor MacGowan advised that she has received many complaints about the effect these booths will have on the condition of King Square and she suggested that in sending a copy of Miss Porteous' letter to Loyalist Days Inc. the Council indicate there is a strong feeling against having the booths there. Question being taken, the motion was carried with Councillor A. Vincent voting "nay" 146 Flrs��.a On motion of Councillor A. Vincent Seconded by Councillor Higgins /1Je%lt RESOLVED that the letter from First L.D.H. Ltd. submitting the annual financial statement for 1973 which has not as yet been audited by City staff, and advising that the Np((/ rOOT S operating deficit is $19,000.00 of a cost equivalent to a yearly subsidy of $190.00 per tenant and that the municipal taxes received by the City from this project in 1973 were $8,825.22, and that it is ex- ��n�� pectedthat the new roofs on the buildings will reduce maintenance costs substantially and it is hoped Joe�e� /e�4 there will be no deficit in 1974, be received and filed. �! ds• On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that the letter from the Trustee Board of the Wesleyan �j� / _6 urial Ground which is located on Thorne Avenue, requesting a grant of $5,000.00 from the City of Saint i �!J John to aid in the 1974 restoration work on this cemetery, be referred to the Legal Department for a r-Aamew 7A" legal opinion as to whether the Council can legally accede to this request, and that the letter also .LAZOO' be referred to the City staff concerned, including the Economic Co- Ordinator. �Tr�o71f On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the letter from T. W. Graham Ltd. requesting that the IS development plan under which this company's business premises at 236 -240 Millidge Avenue was re -zoned be �S amended to enable the company to contract a second storey link between the new arehouse and old ware- house as shown on the submitted architect's plan, be referred to the Planning Advisory Committee for its comments. I'Q ®� %h99 On motion of Councillor Higgins d�Bd/��O�/176d1� Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Deno P. Pappas, Barrister, of Messrs. Clark, Drummie & Company, making application on behalf of Mr. Gilbert P. Boyce, the owner of property at 293 Lancaster Avenue, to have this property re -zoned to permit the addition of a florist shop to enable smae to be used in conjunction with the Castle Funeral Home which borders on the eastern boundary of this property, be referred to the Planning Advisory Committee for its comments, and that authority be granted to proceed with the necessary advertising regarding the proposed re- zoning. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from Saint John Industrial Parks Ltd. advising that on August 1st, 1974 the company's debenture issue in the amount of $850,000.00 will .7.T.G /7Q�6LS- mature and that these debentures are guaranteed both as to principal and interest by the Province of New Brunswick and in the event of default will be paid in full by the Province as set out in the agree- ment, dated December 15th, 1966, Section 6, Subsection (e) The City of Saint John will indemnify the �p7d� / SS6C� Province for one -half of any sum paid by the Province in respect of its bank loan of debenture guarantee; that the company's treasurer has contacted the Bank of Montreal, Union Street Branch in Saint John, and has requested bridge financing in the amount of $500,000.00 for a period of nine months, subject to guarantee by the Province of New Brunswick as well as guarantee by The City of Saint John to indemnify the Province for one -half of any sums paid by the Province in respect of debenture guarantee; tha + at maturity, August lst, 1974, the company will be redeeming debentures in the amount of $350,000.00 leaving a balance of $500,000.00 and the Province of New Brunswick has already been asked to guarantee both principal and interest on a bank loan of $500,000.00 for a period of nine months to cover bridge financing; that future plans for repayment will involve either a new bond issue or the assets of the company might be sold to the City of Saint John, which is presently reorganizing the Saint John Port and Industrial Development Commission and from which will evolve a new department to be known as the Saint John Regional Industrial Development Commission; that land at Grandview Industrial Park is at present either entirely-sold or under option; that the company would request the necessary guarantee from The' City of Saint John along the same lines as that contained in the agreement dated December 15th, 1966 between the Province, the Saint John Port and Industrial Development Commission, Saint John Industrial Parks Ltd. and The City of Saint John -- be received and filed and The City of Saint John guarantee the said $500,000.00 loan for a period of twelve months. S.J ifa. h/?4otup A %iW3 JW /s a�emaopme L E G A L .Z6,ov es o/ai �Co� C'a2%I7 �i��i Cpor �O ✓�Y j i'I� c7� rss�oya�.s Councillor M. Vincent drew attention to the information provided to Council by the Saint John Harbour Bridge Authority which reveals that there has been an increase in traffic using the bridge with resultant increase in revenues from tolls, and which shows that this bridge has been used more in the last year than in the preceding period, and that this has been a nine per cent increase. On motion of Councillor M. Vincent Seconded by Councillor Davis RESOLVED that this meeting continue, in legal session. Councillor Cave withdrew from the meeting. On motion of Councillor Higgins • 1 E • • y Seconded by Councillor M. Vincent RESOLVED that the letter from the Log Cabin Fishing Club Ltd. ' advising of damage done to the Club's boathouse at Loch Lomond by the flooding of its land in 1973 and 1974 and stating that the Club is informed that the City of Saint John is liable, and that the Club would like the City to make what repairs are necessary, be referred to the Legal Department for a report. Councillor A. Vincent stated that a report has yet to come to Council from the City Solicitor, which was asked for sometime ago, on the desire of Council that the Minister of Municipal Affairs be asked to present an amendment to legislation to provide that when contractors come in to Saint John and are awarded a tender contract that they be required to join the Saint John Construction Association and pick up the local collective agreement. Councillor A. Vincent commented that the present hold -up in construction of a school in Saint John East would not be taking place at all if this point had been taken up with the Minister and the necessary legislation obtained, as noted by him. He stated that he would • like to see the Legal Department bring in the necessary legal document to make this proposed tendering procedure requirement work. Mr. Barfoot recalled that the way it was left when the Council discussed the patter the last time was that the City staff was to get in touch with the Minister and see if he would make the:mecessary changes in legislation to make the requirement in question mandatory; there was some question in Mr. Barfoot's own mind as to whether the City should be forcing its contractors into col- r /P lective agreements. He noted that this is probably the way the construction industry is going and the City is therefore just following along with the tendency of the construction industry in order to do this. He agreed that • with collective agreements there is less labour trouble. Councillor A. Vincent made note that this discussion pertains to the building trade only. On motion of Councillor Higgins Seconded by Councillor A. Vincent RESOLVED that the City Manager and the City Solicitor be asked to con- fer in the matter of the necessary legal documentation to require contractors in the building trade who are awarded tender contracts by the City of Saint John to become members of the Saint John Construction Association and to pick up the local collective agreement, and that they submit a report in this regard to Common Council. At 5.45 p.m. the meeting adjourned to Committee of the Whole and reconvened at 7.00 p.m. Mr. Merle Nason, representing Co- Operative Housing Services Limited, at this time gave an explanation of the position of this group with regard to their building project on the Sand Cove Road site of the former Provincial Hospital Annex. He noted that the project, which is a pilot project in New Brunswick, was to include 100 homes in the fall of 1974 according to the original plan, but the number of single family homes have now been �� /� reduced to 53 and 5 duplex lots have been included. He stated that the tentative original plan in February, 1974 V called for four 2- storey homes, ten duplexes, 90 bungalows, four walk -up apartment complexes, a senuor citizens ISObi complex, a church site and condominium units, and the whole housing and building project was to be developed at OR. A one time; the Co- Operative Housing Services Limited gave and have no opposition to that original plan except for O_ 2� ,,LvS the 4.2, more or less, acre site shown on the proposed re- zoning plan as being situated in the middle of the �� single family homes. He stated that this group even now has no opposition to apartment buildings and they are not asking for apartments to be deleted from the over -all plan, but only to be relocated from this particular location 6w and included in the second stage of the development. He stated that this has been asked of the New Brunswick d ��� Housing Corporation by his group because the apartments were not to be built in 1974 and neither is the second GL phase of the Annex land to be built in 1974, according to the said Corporation, who have given a negative reply to the group's request. He noted that the Corporation cites engineering difficulties to do this. Mr. Nason made the point that if they had been able to build their homes in 1973 it would have cost them $8,000.00 less to build than • in 1974, and interest rates for mortgages have risen, which means an excess of $20,000.00 over the mortgage period. He stated that his group will do nothing to hold up the project past September lst, 1974 or to play with the success of the final outcome. He stated that they are asking that the Common Council help, but not to delay the group's September 1st, 1974 start on constructing their houses. He reiterated his point that when his group asked the Provincial Government to locate the proposed apartment buildings on another part of the project and build them in the second stage, they received a refusal to do so' from the Provincial Government. Mr. Raymond Martin also spoke on behalf of Co- Operative Housing Services Limited, in support of their plbr4 above noted requests. i H A petition was received from residents of Sand Cove Road, Bleury Street and other streets in the area, expressing strong objection to the proposed introduction of multi walk -up apartments in the proposed co- operative housing complex on the Sand Cove Road site under discussion. The petition states that in view of the already high traffic volume on Sand Cove Road and Bleury Street, the petitioners recommend only single dwellings be per- mitted access from these streets. Mr. A. P. Gregory of 919 Bleury Street', was spokesman for the petitioners and noted that they support the co- operative housing concept of single family dwellings and welcome their addition to the said area. During the course of preceding discussion at this time, the thought had been advanced that even if the Council were to complete the re- zoning as had been advertised (which would re -zone the said 4.2 acre site for multiple dwellings) it does not mean that this particular site would be built on for multiple dwellings, and that upon completing the re- zoning the Council meet with representatives of the Provincial Government to try to persuade them not to use that particular site for that housing use. Mr. Gregory felt that it appears quite certain that the Province intends to proceed with construction of multiple walk -up apartments on the lot right across from Bleury Street, according to a conversation he and other residents on Bleury Street had with the surveyors who told them they intend to locate the apartments as close to the street line as possible (using the existing residences of Mr. Gregory, Mr. Gaunce and Mr. Dixon as guidelines) because for every foot they do' down the hill the price goes up. He made the point that for the height of the apartment building proposed, it will be anywhere from 55 to 60 feet high at the end of that approximately 100 foot long building down the slope which means that at the lower end of that building - on Bleury Street - its height will be 65 feet and this will mean it.will block the view of existing residents. He stated that in the opinion of these residents the top of the hill at the Sand Cove Road and Bleury Street area in this proposed complex is the prime land in real estate because it gives a beautiful view down the valley of the throughway and of Fairville Boulevard. He stated they have heard that the lots are approximately $6,000.00 each, and he asked why a lot on the corner of Sand Cove Road and Bleury Street be sold for this price when a lot across the street on the same corner is assessed by the Provincial Government at $12,000.00. He noted that the Province says it has to put the multiple dwellings in there in order to keep the costs of the servicing down for the co- operative housing. He estimated that five units would be built on the 4.2 acre site referred to by Mr. Nason. He felt that, in order to keep the cost of servicing down for the co- operative housing, if the 15 to 20 lots of prime land in the Annex property on Sand Cove Road at Bleury Street were sold at today's prices (he felt that they could possibly demand as high as $12,000.00 each) this would provide funds to help defray part of the expenses for going in. He noted that a change in the plan for the project means delay and the petitioners are sorry about this, but they are very much opposed to the multiple dwellings. He explained that 61 of the 68 petitioners are owners of property which lies within 300 feet of the area proposed to be re -zoned (as the by -law requires in the case of objection) - the other 7 signees are within 600 feet and they asked to sign the petition because they are very much disturbed about the proposed multiple dwellings; in addition, residents in the Rocky Terrace area, who are also very disturbed about the proposal, want to sign the petition and were told that the legal limit is 300 feet for registering objection; the people in the Molson Avenue and Sherbrook Street area are also very concerned; they all moved into the area because it was a single dwelling area and they feel it should be retained as such, and they are very much opposed to the multiple walk -up units proposed for Blocks A, B and C shown on the re- zoning plan. No other person was present to speak to the proposed re- zoning. On motion of Councillor Higgins Seconded by Councillor A. Vincent RESOLVED that as many members of the Common Council as possible con - ne to meet with the Minister of Municipal Affairs as soon as possible in the matter of the plan for the co- erative housing complex on the Sand Cove Road site of the former Provincial Hospital Annex, and the proposed - zoning for same. a 148 Co- o� go�siry elamml](-Ar litho% oeav 6?AZeR Aug, s, i97� On motion of Councillor Davis Seconded by Councillor Higgins • RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land fronting on Sand Cove Road and Bleury Street, being a portion of the former Hospital Annex property on Sand Cove Road, containing an area of approximately 36 acres, from "RF" Rural district to "P" Park, "R -1B" One - Family, "R -2" One- and Two - Family and "RM -1" Multiple Residential districts, be read a second time. Councillor MacGowan proposed a motion, which was not seconded, that the above motion be tabled until after the forthcoming meeting with the Minister of Municipal Affairs. Question being taken, the motion was lost with the Mayor and Councillors Davis and Higgins voting "yea" and Councillors MacGowan, A. Vincent, M. Vincent, Pye, Hodges and Gould voting "nay ". On motion of Councillor Higgins Seconded by Councillor Davis RESOLVED that the Common Council reconsider the motion for second reading of the above named proposed re- zoning. ' Question being taken, the motion was carried with Councillor A. Vincent voting "nay ". On motion of Councillor Higgins Seconded by Councillor Davis RESOLVED that the by -law entitled "A Law to Amend the Zoning By- Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land fronting on Sand Cove Road and Bleury Street, being a portion of the former Hospital Annex property on Sand Cove Road, containing an area of approximately 36 acres, from "RF" Rural district to "P" Park, "R -1B" One - Family, "R -2" One- and Two - Family and "RM -1" Multiple Residential districts, be read a second time. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the above motion be laid on the table until after anticipated meeting in the matter with the Minister of Municipal Affairs. Question being taken, the motion to table was carried with Councillors A. Vincent and Davis voting "nay ". On motion of Councillor A. Vincent Seconded by Councillor Gould I RESOLVED that an item be added to the agenda of this meeting per- taining to presentation of a Freedom of the City. On motion of Councillor A. Vincent Seconded by Councillor Pye RESOLVED that the following resolution be adopted, namely:- "WHEREAS the Common Council of the City of Saint John since its inception in 1785, has always upheld and publicly commended singular acts and exemplary lives of dedication and devotion; AND WHEREAS Sister Marguerite Murphy, more familiarly known as Sister Veronica of the Sisters of Charity of the Immaculate Conception, has for seventy -seven years as a religious, epitomized the finest values of her vocation; John; AND WHEREAS she had during her tenure as administrator of St. Joseph's Hospital shown a genuine regard for her fellow citizens coupled with a genius for administration and planning that won her tangible recognition from her Pontiff, her Queen and peer group: THEREFORE BE IT RESOLVED that the Common Council of The City of Saint john, New Brunswick in session, the second day of July in the year 197+ by the rights and powers in it vested do create, con- stitute and make Sister Marguerite Murphy a Freeman of The City of Saint John, giving and hereby granting unto her all and singular the rights, privileges, franchised, pre- eminences, immunities, profits, emoluments and advantages which to a Freeman of the said City may or of right out to belong or appertain." The Committee of the Whole having just been in session, reported verbally, as follows:- That The Rocca Group be recommended as developers of Market Square to complete the next stage of development to be completed within a four month period - this Stage to include: - i (a) the developer would name his design team who would work closely with the Co- Ordinating Com- mittee in their preliminary design of Market Square; (b) the developer would cost the components of the project identified in the study; (c) the developer would discuss the input of the Federal office space into the general Market Square area with the Federal departments concerned; (d) the developer would indicate how a residential content can be introduced into the project area, and discuss its feasibility with the Federal agency concerned; • (e) the developer would open negotiations with prospective tenants of the major commercial content and present a firm proposal for occupancy; AND WHEREAS Sister Veronica has by her dedication been instrumental in providing the finest of solacing and healing countless numbers of sick and distressed citizens of the City of Saint John; AND WHEREAS she had during her tenure as administrator of St. Joseph's Hospital shown a genuine regard for her fellow citizens coupled with a genius for administration and planning that won her tangible recognition from her Pontiff, her Queen and peer group: THEREFORE BE IT RESOLVED that the Common Council of The City of Saint john, New Brunswick in session, the second day of July in the year 197+ by the rights and powers in it vested do create, con- stitute and make Sister Marguerite Murphy a Freeman of The City of Saint John, giving and hereby granting unto her all and singular the rights, privileges, franchised, pre- eminences, immunities, profits, emoluments and advantages which to a Freeman of the said City may or of right out to belong or appertain." The Committee of the Whole having just been in session, reported verbally, as follows:- That The Rocca Group be recommended as developers of Market Square to complete the next stage of development to be completed within a four month period - this Stage to include: - i (a) the developer would name his design team who would work closely with the Co- Ordinating Com- mittee in their preliminary design of Market Square; (b) the developer would cost the components of the project identified in the study; (c) the developer would discuss the input of the Federal office space into the general Market Square area with the Federal departments concerned; (d) the developer would indicate how a residential content can be introduced into the project area, and discuss its feasibility with the Federal agency concerned; • (e) the developer would open negotiations with prospective tenants of the major commercial content and present a firm proposal for occupancy; r 149 (f) the developer will present a definite proposal for the leasing of the land; • (g) the developer will during the period work closely with the Co- Ordinating Committee for the Urban Renewal Partnership and the Federal and Provincial funding agencies to prepare a phased plan of development for the entire project; (h) the developer will also negotiate an agreement with the Partnership for the following stage of the development. EBSSa��X On motion of Councillor A. Vincent On motion of Councillor Higgins Seconded by Councillor Parfitt RESOLVED that notice having been given to Mrs. Harold Miller, Mr. Leo �p+ Parks, Mr. Carl Parks, Mr. Ronald Parks, Mrs. Thomas Doyle, Mrs. John Bull, Mrs. Robert Parks and Mrs. Gordon Fleming, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 306 Princess Street, in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be Aare- a% Irremoved or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector lowns. of Buildings, and no -one having appeared on behalf of the said Mrs. Harold Miller, Mr. Leo Parks, Mr. Carl A?pS- Parks, Mr. Ronald Parks, Mrs. Thomas Doyle, Mrs. John Bull, Mrs. Robert Parks and Mrs. Gordon Fleming; the Common 6pVp_d®Qp Council hereby deems and declares the said building located at civic number 306 Princess Street, in the said city, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Mrs. Harold Miller, Mr. Leo Parks, Mr. Carl Parks, Mr. Ronald Parks, Mrs. Thomas Doyle, Mrs. John Bull, Mrs. Robert Parks and Mrs. Gordon Fleming are hereby required to remove or destroy the said building situate at civic number 306 Princess Street, in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: AND BE IT FURTHER RESOLVED that upon failure of thecsaid Mrs. Harold Miller, Mr. Leo Parks, Mr. Carl Parks, Mr. Ronald Parks, Mrs. Thomas Doyle, Mrs. John Bull, Mrs. Robert Parks and Mrs. Gordon Fleming to remove or destroy the said building situate at civic number 306 Princess Street, in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof • recovered from the said Mrs. Harold Miller, Mr. Leo Parks, Mr. Carl Parks, Mr. Ronald Parks, Mrs. Thomas Doyle, Mrs. John Bull, Mrs. Robert Parks and Mrs. Gordon Fleming. Notice had been given to Jseoph G. Terris and the Estate of J. Douglas Hazen to appear at this meeting to show cause if any, why the building situate at 51 -53 City Road should not be removed or destroyed as a danger- T__A!�_ �C�F°O6f Seconded by Councillor M. Vincent ' RESOLVED that the above report of the Committee of the Whole be adopted. On motion The meeting adjourned. Common Clerk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the eighth day of July, A. D. 1974, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Davis, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye and M. Vincent - and- Messrs. N. Barfoot, City Manager, R. Park,�Commissioner of Finance, and A. Ellis, Building Inspector The meeting opened with silent prayer. Notice had been given to Mrs. Harold Miller, Mr. Leo Parks, Mr. Carl Parks, Mr. Ronald Parks, Mrs. Thomas Doyle, Mrs. John Bull, Mrs. Robert Parks and Mrs. Gordon Fleming, to appear at this meeting to show cause, if any, why the building located at 306 Princess Street should not be removed or destroyed as a dangerous or dilapidated building. It was noted that a telegram had been received this date by the Building Inspector from the above named Mrs. Robert Parks and Mrs. Gordon Fleming, two of the heirs of the Estate of Charles E. Parks, who asks. that this item be deferred from the present meeting until they can obtain legal counsel, and who state they were unaware of ownership to the said property, and who request that further information be sent to their lawyer, Mr. W. D. • Turville at 145 Main Street, Newmarket, Ontario. Referring to his written report on the condition of 306 Princess Street, Mr. Ellis stated that he declares this building dilapidated and dangerous and unsightly and he therefore recommends that it be demolished. He noted that the proper notifications in this regard have been issued to all respective owners or heirs, as the case may be. On motion of Councillor Higgins Seconded by Councillor Parfitt RESOLVED that notice having been given to Mrs. Harold Miller, Mr. Leo �p+ Parks, Mr. Carl Parks, Mr. Ronald Parks, Mrs. Thomas Doyle, Mrs. John Bull, Mrs. Robert Parks and Mrs. Gordon Fleming, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 306 Princess Street, in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be Aare- a% Irremoved or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector lowns. of Buildings, and no -one having appeared on behalf of the said Mrs. Harold Miller, Mr. Leo Parks, Mr. Carl A?pS- Parks, Mr. Ronald Parks, Mrs. Thomas Doyle, Mrs. John Bull, Mrs. Robert Parks and Mrs. Gordon Fleming; the Common 6pVp_d®Qp Council hereby deems and declares the said building located at civic number 306 Princess Street, in the said city, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Mrs. Harold Miller, Mr. Leo Parks, Mr. Carl Parks, Mr. Ronald Parks, Mrs. Thomas Doyle, Mrs. John Bull, Mrs. Robert Parks and Mrs. Gordon Fleming are hereby required to remove or destroy the said building situate at civic number 306 Princess Street, in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: AND BE IT FURTHER RESOLVED that upon failure of thecsaid Mrs. Harold Miller, Mr. Leo Parks, Mr. Carl Parks, Mr. Ronald Parks, Mrs. Thomas Doyle, Mrs. John Bull, Mrs. Robert Parks and Mrs. Gordon Fleming to remove or destroy the said building situate at civic number 306 Princess Street, in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof • recovered from the said Mrs. Harold Miller, Mr. Leo Parks, Mr. Carl Parks, Mr. Ronald Parks, Mrs. Thomas Doyle, Mrs. John Bull, Mrs. Robert Parks and Mrs. Gordon Fleming. Notice had been given to Jseoph G. Terris and the Estate of J. Douglas Hazen to appear at this meeting to show cause if any, why the building situate at 51 -53 City Road should not be removed or destroyed as a danger- 150 ous or dilapidated building. The Building Inspector at this time provided copies of a letter from himself to Common Council, advising that with regard to the said building (which was destroyed by fire on July 4th last) Mr. Terris engaged Mr. Gerald Ryan, contractor, to demolish these structures on July • 5th at 10.00 a.m. and that the Building Inspector met with a representative of the said company at 1.30 p.m. that day and requested immediate action to have the remaining buildings demolished; that this con- tractor, on advice from the Building Inspector, at 3.30 p.m. that day applied for a permit and made a deposit of $200.00 to ensure clean-up of the site; that this contractor on July 6th started to flatten the structure and this work has been completed. The Building Inspector's letter requested that, there- fore, the -item be removed from the agenda of this meeting. On motion of Councillor M. Vincent Seconded by Councillor Higgins ' RESOLVED that in accordance with the request contained in the letter from the Building Inspector, dated July 8th, 1974, no hearing is now necessary with regard to the �I O/9 building of Joseph G. Terris situate at 51 -53 City Road, which was burned in a fire which occurred on gyp/ /-3 /�� July 4th, 1974, this structure having been demolished on volition of Mr. Terris on July 6th last. j*/Oordl, 6? Notice had been given to Claude P. Loughery and the Estate of Francis Simond Scovil to Terris appear at this meeting to show cause, if any, why the building situate at 18 Brinley Street should not be removed or destroyed as a dangerous or dilapidated building. ' Mr. Ellis exhibited pictures of the above named property to the Council members and stated that in its present condition, he has to declare this building dilapidated, deteriorated and unfit for habitation. Mr. Loughery advised that in his estimation this house is pretty plumb; the lot it stands on a frontage of 32 feet on the street and a depth of approximately 80 feet. On motion of Councillor Higgins Seconded by Councillor Parfitt �'����� d RESOLVED that notice having been given to Claude P. Loughery and L 6e the Estate of Francis Simond Scovil, being the owners, as appears by the records of the Registrar of 6Ll /�� /i7 Deeds for the County of Saint John, of the building located at civic number 18 Brinley Street, in the Clw&uee City of Saint John, requesting that the said owners appear before this meeting of the Common Council to zoa 6ilq" show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector of Buildings; the Cmmmon Council hereby deems and declares the said building located at civic number 18 Brinley Street, in the said city, to aIMDA _5el v t1 /� be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Claude P. Loughery and the Estate of Francis Simond Scovil are hereby required to remove or destroy the said building situate at civic number 18 Brinley Street, in the City of Saint John, within ten days after receiving notice to do so by the Inspector of AND BE IT FURTHER RESOLVED that upon failure of the said Claude P. Loughery and the Estate of .ncis Simond Scovil to remove or destroy the said building situate at civic number 18 Brinley Street, the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings .se such work to be done and the cost thereof recovered from the said Claude P. Loughery and the Estate Francis Simonds Scovil. Mr. Ellis was asked if he thinks that the above named property warrants the expenditure that uld be involved,'and he replied that it has potential if these gentlemen were willing to put the money to it; he would be satisfied with a suggested thirty -day extension-but if anything were to happen in e meantime it has to be the responsibility of the owner; he would be pleased to look the building over th Mr. Loughery and tell him exactly what is required to bring the property up to standards - it would the decision of the owner whether the expense would be warranted and the time involved, and the .estion of recovering the investment from the property. • E Noting that there is a need for housing accommodation, Councillor Green expressed his support • r permitting the fixing up of this house to be proceeded with; he also made note of the fact that if e building were demolished there is no way a new home could be built on this narrow lot under the esent planning regulations. He felt that Mr. Loughery should be given an opportunity to see if he can habilitate the property. Mr. Talmadge Loughery was present, advising that he was representing his brother, Claude P. Loughery, who was unable to be present as he was in Nova Scotia on business. Mr. Talmadge Loughery ad- vised that he is employed with the Fire Department of the City of Saint John and that he and another �O!l9 member of the Fire Department are prospective buyers of this property and that they want to rehabilitate it to the required standards and rent it as an investment property, with three flats, and he therefore asked that there be a delay in the order for demolition of this property until they can go over the building with the Building Inspector and obtain a plumbing contractor and an electrical contractor and ascertain what would have to be done regarding all work such as plumbing, electrical work, at cetera, and the estimated cost of same. He stated that if they feel they can meet the necessary cost they would like to proceed to buy the property, but if the cost is going to be exorbitant they would not proceed and the demolition order would have to be followed through. He stated that he and the other prospective purchaser felt that they themselves could do some of the work on the building such as repairing windows, roof, walls, ceilings and painting, plus possibly work on the floors might have to be done by them; they would not be interfering with the plumbing and electrical inspectors. He stated that they plan on fixing up the flat on the bottom floor first, where there was fire damage, and they then would fix up the other two storeys in turn; they would do all this work in as short a time as possible, and would like to determine with the Building Inspector how long a time they would be permitted in which to do the work; he felt that it would take them two to three months in which to borrow the money to finance the work and to fix up the bottom flat to make it habitable, and for the roof repairs. When asked by Councillor Parfitt if it is his intention to have a watch placed on this building to make sure that vagrants do not enter by tearing off the boarding that is now there and start a fire in the building, Mr. Loughery replied that he does not intend to hire anybody to watch this building. He advised that the assessed value-,of this house and land is $9,200.00 and the 1974 taxes have been paid. He added that this is a freehold property. He stated that because this property is located in such a central spot in the city he and his partner feel there would be no difficulty in attracting tenants; in order to derive revenue of $3,000.00 per annum from this investment building they would be willing to spend from $20,000.00 to $22,000.00 to rehabilitate it; he first stated that he and his partner were hoping that by doing some of the work themselves, in- cluding carpentry work, $10.000.00 at the extreme would be the cost to them for bringing the building up to standard, but this figure would not include the cost of installing a hot water baseboard heating furnace system which type of heating they feel would attract better prospective tenants. Mr. Loughery advised that in his estimation this house is pretty plumb; the lot it stands on a frontage of 32 feet on the street and a depth of approximately 80 feet. On motion of Councillor Higgins Seconded by Councillor Parfitt �'����� d RESOLVED that notice having been given to Claude P. Loughery and L 6e the Estate of Francis Simond Scovil, being the owners, as appears by the records of the Registrar of 6Ll /�� /i7 Deeds for the County of Saint John, of the building located at civic number 18 Brinley Street, in the Clw&uee City of Saint John, requesting that the said owners appear before this meeting of the Common Council to zoa 6ilq" show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector of Buildings; the Cmmmon Council hereby deems and declares the said building located at civic number 18 Brinley Street, in the said city, to aIMDA _5el v t1 /� be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Claude P. Loughery and the Estate of Francis Simond Scovil are hereby required to remove or destroy the said building situate at civic number 18 Brinley Street, in the City of Saint John, within ten days after receiving notice to do so by the Inspector of AND BE IT FURTHER RESOLVED that upon failure of the said Claude P. Loughery and the Estate of .ncis Simond Scovil to remove or destroy the said building situate at civic number 18 Brinley Street, the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings .se such work to be done and the cost thereof recovered from the said Claude P. Loughery and the Estate Francis Simonds Scovil. Mr. Ellis was asked if he thinks that the above named property warrants the expenditure that uld be involved,'and he replied that it has potential if these gentlemen were willing to put the money to it; he would be satisfied with a suggested thirty -day extension-but if anything were to happen in e meantime it has to be the responsibility of the owner; he would be pleased to look the building over th Mr. Loughery and tell him exactly what is required to bring the property up to standards - it would the decision of the owner whether the expense would be warranted and the time involved, and the .estion of recovering the investment from the property. • E Noting that there is a need for housing accommodation, Councillor Green expressed his support • r permitting the fixing up of this house to be proceeded with; he also made note of the fact that if e building were demolished there is no way a new home could be built on this narrow lot under the esent planning regulations. He felt that Mr. Loughery should be given an opportunity to see if he can habilitate the property. I • /,/W/; 'Relld 9/�� -0yei - • L r • �° ®Dl�iOc9G�S 151 When asked if any member of the Loughery family lives near this property, Mr. Loughery made negative reply, adding that his partner lives on Princess Street. In reply to Councillor Kipping, who asked if he feels that $15,000.00 is sufficient to do justice to bringing this property up to an acceptable standard, Mr. Ellis stated he does not believe this figure would be sufficient; he felt that by using his own labour, Mr. Loughery's cost could be estimated to be closer to $20,000.00. Councillor M. Vincent expressed concern that this building in its present condition should not be allowed to remain standing for any lengthy period of time, but felt that Mr. Loughery could be given a period of two weeks in which to ascertain What he wants to learn about trying to repair the property. Councillor Davis noted that the Building Inspector's report describes this building as in poor condition in all ways, and he felt, therefore, that the building could not be rehabilitated, which means that what the Council would be doing if an extension were given would be to postpone demolition to see if it is economically possible for a buyer; he felt that it is a very questionable investment and he does not think that the Council should be put in the position to take such action. He felt that there has been ample time for the owner and Mr. Talmadge Loughery to go into the matter and work it out. He stated he does not believe the building can be rehabilitated for $20,000.00 and that he thinks the time has come when the building has to be demolished. Question being taken, the motion was carried with Councillors Green and Pye voting "nay" Councillor M. Vincent felt that matters concerning determining whether or not a building should be ,demolished are administrative only as between the City Manager and the Building Inspector, and are not policy decisions and therefore the Common Council should not be involved. He felt that this question should receive policy clarification. On motion The meeting adjourned. ommon lerk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fifteenth day of July, A. D. 1974, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent 0001TO� Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Assistant Director of Works - Operations, C. Robichaud, Assistant Director of Works - Engineering, M. Zides, Munici- pal Planning Director, D. Buck, Redevelopment Officer, R. Dhar, Supervisor of Inspection and Technical Services, A. Ellis, Building Inspector, D. French, Director of Per- sonnel, P. Clark, Fire Chief, E. Ferguson, Chief of Police, D. Carter, Economic Co- Ordinator, and J. Gabriel, Assistant Director of Parks The meeting opened with silent prayer. On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council held on June 26th last, be confirmed. Councillor MacGowan, recalling that the matter of an emergency telephone number for the Fire Department was discussed at the meeting of June 26th, stated that it has been brought to her attention that in 1974 we were supposed to have the three -digit emergency number. She asked that the Council be supplied with information on the status of this intended improvement. The Mayor noted that such information will be provided. Councillor A. Vincent noted that the Council on June 26th approved payment of a progress certificate to the New Brunswick Housing Corporation regarding the external services for the Residential Land Bank and that the hold -back was only 5 %, whereas hold -backs in other contract payments are 15 %• In explaining the hold -back procedure, Mr. Barfoot advised that 15% is the normal hold -back during construction up until the end of the lien period; there is an additional 5% which runs beyond that - in some cases for a year after it - to guarantee performance of equipment; he believes that this is such a case; he would have to check the matter; the contract has been finished but the 5% hold -back is an amount kept for maintenance purposes for up to a period of a year. Councillor A. Vincent stated that to the best of his information the work is not completed, and therefore the hold -back should be 15% until it is completed, for 60 days, and then it should be reduced to 5 %. Mr. Barfoot stated he believes that this is the procedure that has been followed in this case, but he will check on it further, as requested by Councillor A. Vincent. V .15 1 � /1/3 /Z C7o� Salie� ode �Cd. 00.1-fd_ ,§Wla he v4ebi 16�w/ 0- /1u RXe*—*1-LW1de A 7e_ v/&ps6v -e) ae�p�e� �fi4i7e�$ Jr �E A7eAR1.:51[ % ng9e "eve% "Jr ��cil/ii7yS� i9o4ftas .40*V1 /a. s/i dyf� Seafl7 ,E��t sl -*9 t,.0/WiissJ�f� COMP e d h5y t'oua66� 44 o7 G. 6 oaf P� .Sow Xv" Op7M Od'O. On motion of Councillor Higgins Seconded by Councillor Gould • RESOLVED that minutes of the meeting of Common Council held on July 2nd last, be confirmed. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that minutes of the meeting of Common Council held on July 8th last, be confirmed. The Mayor advised that the New Brunswick Housing Corporation is conducting on Tuesday, July 16th next at 7.30 o'clock p.m. a sod - turning ceremony at the site for housing on the Sand Cove Road former Provincial Hospital Annex land, and that the Common Council members and the press are invited to attend. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the City Manager, approval be given for payment of the invoice from Stephen Construction Company Limited, ' dated July 3rd, 1974, in the amount of $19,481.81, for the supply of asphalt to the Works Department during the period June 16th to 30th; 1974. On motion of Councillor Cave Seconded by Councillor Higgins RESOLVED that as per the recommendation of the City Manager, approval be granted for payment of the following invoices for equipment rental: - D. Hatfield Ltd. - to the Works Dept. June 1 -15, 1974 • (dated June 18, 1974) $ 13,631.99 - to the Works Dept. June 1 -15, 1974 (dated June 18, 1974) $ 4,473.45 - to the Works Dept. Jan. 16 -31, 1974 (dated Feb. 4, 1974) $ 2,321.80 On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager, advising that A.D.I. Limited, the City's consultants for the community arenas project, invited pre- tenders for two, three or four arenas, for the supply and installation of a refrigeration plant and pre- engineered structural ' steel and metal siding, and that pre- tenders closed on June 19th last at 3.00 p.m. and were opened publicly shortly afterwards at City Hall, and recommending that on the basis of three arena sites being approved, the following low pre- tenders be approved and awarded: (1) for refrigeration system - AMFRO Refrigeration Systems, London, Ontario, for the sum of $195,060.00; (2) for structural steel, metal siding and roofing - Building Space Investments Limited, Saint John, for the sum of $350,562.00 -- be received and filed and the recommendation adopted. Councillor Cave recalled that at the meeting when the above tenders were opened he asked for a breakdown on the difference in price between the local contracts and the low acceptance tender. Councillor Higgins, Chairman of the Arenas Committee, advised that the only local tender was that of John A. Kennedy & Co. Ltd. whose quotations are 28% higher than the lowest bidder for the 60 -ton refrigeration plant and 26% higher than the lowest bidder for the 91 -ton plant. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that Arenas Report Number 3 submitted by the Arenas Committee, advising that the Committee recommends (1) that the arena siting at the Lowell Street site be approved as indicated on the attached print, that a programme of property acquisition or long -term leasing be immediately initiated respecting the properties as indicated on the print, and that the right -of -way as shown on the submitted sketch be closed following acquisition or leasing of the said properties; (2) ?that the site known as Block 10 in the South End (Alternative (A) in the report of the study group) be designated for use as the site of the South End arena, that the construction of the arena be timed to fit the priorities for housing in the South End (that is, the arena should not be built in 1974 -75), and that the City provide all possible assistance to the South End Development Corporation in its search for suitable sites for housing, by making available (for lease or sale) sites and buildings already in the !City's possession, or by obtaining sites on behalf of South End Development Corporation; (3) that authority be granted for the awarding of contracts for structural steel, metal siding and roofing, and 91 T refrig- eration systems for three arenas, to the low bidders as recommended in the report submitted by the City Manager -- be received and filed and the recommendations contained therein adopted. Councillor Higgins noted that a recent meeting, attended by the Mayor and some members of the Arenas Committee, was held with the South End Development Corporation, and we are working very closely with the Corporation on the planning of a community centre in conjunction with housing through Federal grants funding (Neighbourhood Improvement Programme, et cetera) and this is the way the Corporation wishes to proceed, and this is the basis of the report from the Arenas Committee. Question being taken, the motion was carried with Councillor A. Vincent voting "nay ". He stated it was his understanding that the four arenas locations were to be approved together and built together. He made the point that the general areas where the three new arenas are to be located already have rinks, while the general area of the East and South Ends, which will have to wait for a new arena, as in the Arena Committee's recommendation, is presently without this type of facility. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the City L J E r 153 Manager, the lowest bids received for supplying water and sewerage materials for 1974, as indicated in the Esubmitted summary, be accepted. 6e/a $ On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, whose letter of July 8th, 1974 advises that due to projected shortage and probable further increases in the price of anti- freeze quotations were requested from potential suppliers for the City's 1974 winter requirement, the bid of $8.50 per gallon as submitted by Quigg Motors Ltd. be accepted and that 540 gallons be ordered immediately at a total cost of $4,590.00, plus 8 per cent Provincial Sales Tax. Ze_: On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that the letter from the City Manager advising that the Fire /r,06&50'5 160 Chief strongly recommends the replacement of the 1942 Bickle Seagrave 85 -foot aerial ladder truck by a 75 -foot 9?1?// telescopic aerialscope, and noting that the clearance required by this proposed unit is one of the pressing %ham, reasons why Number 1 Fire Station on King Street East needs replacement as approved by the Common Council in %��Sep the capital budget and that this type of apparatus has a two -year delivery date which should coincide with the construction programme -- be received and filed and the recommendation contained therein adopted, namely, that tenders be called for the said 75 -foot telescopic aerialscope for the Fire Department. Mr. Barfoot advised that he believes that the price of the above named equipment is in the vicinity of $120,000.00, or over. tea/ Councillor A. Vincent asked for a report within one month on when the Council is going to call tenders for a new fire station to replace Number 1 Fire Station on King Street East. On motion of Councillor MacGowan • *7-- _ e_.0 II On motion of Councillor Green Seconded by Councillor Gould RESOLVED that as per the recommendation of the City Manager, the lowest bid, namely, that of Ray's Mobile Homes, Lepreau, N. B., for supplying a mobile home measuring 68 by 14 feet, at a cost of $13,158.00, be accepted, this mobile home to be used by the caretaker at Mispec Park. On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the City Manager, the lowest bid received, namely, that of Eastern Fence Ltd., in the amount of $7,778.80, plus Provincial Sales d�Q Tax„ be accepted for supplying and installating 1,050 feet of chain link fencing at the trailer park in Rockwood e Park; fun_, ds having been provided for this purpose in the capital budget. ' 6:aS®l "9? !if �apl rrx Oil Rewae e _ On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the City Manager, approval be given for installation of gasoline tanks at the following locations, the applications having been received by the Building Inspection Department and approved by the Planning Department and the Fire Department: - (1) installation by Fina Service Station of one 5,000 gallon gasoline tank at the corner of Haymarket Square and Gilbert Street; (2) installation by Texaco Canada Ltd. of two 20,000 gallon tanks on Bayside Drive, of one 5,000 gallon tank at each of the following locations: 344 Rothesay Avenue, 572 Rothesay Avenue, 182 Lancaster Avenue, Wellesley Avenue and 1559 Manawagonish Road. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that the letter from the City Manager submitting a copy of a letter received by him, dated May 17th, 1974, from the Lions Club of Saint John Ltd. which advises that the Club has decided to abide by the original proposal contained in the Club's letter of March 12th, 1974 concerning the offer of a rescue vehicle to the City of Saint John and that this proposal is contingent to the approval of Seconded by Councillor Green • , _:d, / RESOLVED that as recommended by the City Manager, authority be granted /^��/ for uayment of the following construction progress certificates on contracts for projects that are included in ✓Gy the capital budget: prmJe�s 1. Greendale, 48 -inch Storm Sewer Supply and install 48 -inch storm sewer Chitticks (1962) Ltd. Total value of contract $ 88,102.00 Total work done, Estimate Number 5 71,493.20 Retention 10,723.98 Payments previouslypapprovedr 45,535.78 Sum recommended for payment, Certificate Number 5, June 28, 1974 $ 15,233.44 2. Forest Hills Standby Installation (a) E. S. Stephenson & Co. Ltd. Total value of contract (Proposal Number 20, Novenber 1, 1973) 7,632.00 O�QQ l6Pc7 %jA Payments previously approved 5 , 724.00 Retention 763.20 Sum recommended for payment, Invoice Number 1836, eB® June 27, 1974 $ 1,144.80 (b) E. S. Stephenson & Co. Ltd. Total value of contract (Proposal Number 29, February 6,1974) 3,215.50 Payments previously approved Nil Retention 1,125.43 Sum recommended for payment, Invoice Number 2962, June 27, 1974 $ 2,090.07 • *7-- _ e_.0 II On motion of Councillor Green Seconded by Councillor Gould RESOLVED that as per the recommendation of the City Manager, the lowest bid, namely, that of Ray's Mobile Homes, Lepreau, N. B., for supplying a mobile home measuring 68 by 14 feet, at a cost of $13,158.00, be accepted, this mobile home to be used by the caretaker at Mispec Park. On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the City Manager, the lowest bid received, namely, that of Eastern Fence Ltd., in the amount of $7,778.80, plus Provincial Sales d�Q Tax„ be accepted for supplying and installating 1,050 feet of chain link fencing at the trailer park in Rockwood e Park; fun_, ds having been provided for this purpose in the capital budget. ' 6:aS®l "9? !if �apl rrx Oil Rewae e _ On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the City Manager, approval be given for installation of gasoline tanks at the following locations, the applications having been received by the Building Inspection Department and approved by the Planning Department and the Fire Department: - (1) installation by Fina Service Station of one 5,000 gallon gasoline tank at the corner of Haymarket Square and Gilbert Street; (2) installation by Texaco Canada Ltd. of two 20,000 gallon tanks on Bayside Drive, of one 5,000 gallon tank at each of the following locations: 344 Rothesay Avenue, 572 Rothesay Avenue, 182 Lancaster Avenue, Wellesley Avenue and 1559 Manawagonish Road. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that the letter from the City Manager submitting a copy of a letter received by him, dated May 17th, 1974, from the Lions Club of Saint John Ltd. which advises that the Club has decided to abide by the original proposal contained in the Club's letter of March 12th, 1974 concerning the offer of a rescue vehicle to the City of Saint John and that this proposal is contingent to the approval of 15.4 X/-Or,5 0/w6 >•1e5cffa %: w cajfd r66;;V /c NOR 4'f Aar/*ifaJer 1-24ov ('off A fo -,?Wi ? -R/ Veep, j?294s Do* I,fAl s�cin�ii�p joy - gy�,7frss�ye yrPeAwAld 0�2�LL fOf7 — G+'aiwe "h�is�s` /P/�ASS es (TO��CGilCa'°BG�i $q^af�r • fib! ai,4 Two el Council to provide funds to staff, equip and maintain such a unit - -and recalling that on May 21st the Common Council adopted a resolution, as follows, "That in accordance with the recommendation of the Acting City Manager, the offer of the Saint John Lions Club to provide $15,000.00 for the purchase of a second Rescue Squad be accepted with thanks, and with the understanding that this vehicle will be used as a standby in the case of the loss of the existing unit for any reason" -- and noting that the Council's resolution does not therefore meet all the terms of the offer and that, however, until the Council considers the total City budget for 1975 it would be premature to commit the necessary programme regarding this Rescue Squad unit and the matter is therefore brought to the attention of Council for its information and consideration at budget time -- be referred to the committee on budget for consideration at budget time: AND FURTHER that a letter be written to the said Lions Club explaining the reasons for the resolution that was adopted in the above matter by Council on May 21st last. On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager, in regard to the request made by Mr. Ernest Griffin of 380 Algonquin Place, Saint John West, that this street be reinstated to a standard similar to what existed in 1969 (paving and curbing) prior to construction of the throughway in this area, advising that following a number of meetings in an attempt to resolve the matter to the satisfaction of all parties, the Province of New Brunswick excavated and paved a portion of this street to restore the entrance which Mr. Griffin had previously enjoyed and when the City Manager referred this matter to the Province again recently, he was advised that the work done by the Province was supposed to be the last and final as far as the Province was concerned, and advising that in order to restore the curb and sidewalk and to complete the paving of the street in front of Mr. Griffin's property, an expenditure of $1,300.00 would be necessary and that this would restore the street to a condition similar to that existing prior to 1969 -- be received and filed and authority granted to proceed with the said curbing and sidewalk work and completion of paving of the street. Councillor Davis questioned the wisdom of doing the above named work for this one house on the street, it being costly to do so, and he suggested that perhaps the solution would be to give Mr. Griffin a right -of -way and sell to him the rest of the street. Speaking in favour of the motion, Councillor Green noted that although the throughway is of general public benefit it has disrupted the living style of the property owners in the area under discussion. Councillor Cave recalled that we had been assured that the Provincial Government would restore the property concerned to the same, or better, condition as it had been in previous to the construction of the throughway. He felt that the City should do the above - mentioned work and then seek compensation for the cost from the Provincial Government. Councillor MacGowan noted that the estimated cost of $1,300.00 does not indicate a breakdown for the work on curb and sidewalk and paving of the street in front of Mr. Griffin's property. Mr. Robichaud estimated that approximately $1,200.00 of this cost would be for sidewalk and curb, and he confirmed that this would be a public side- walk, as it always has been on this street. On motion of Councillor MacGowan 0 Pi Seconded by Councillor Davis ' RESOLVED that the matter be laid on the table until the Council embers have an opportunity to view the area in question and to determine whether the proposed expenditure f $1,300.00 is warranted for this particular location. Question being taken, the motion to table was carried with Councillors Green and A. Vincent "nay ". On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the brochure of the Recreation and Parks Department's summer programme, be received and filed. Councillor Cave asked for a report regarding the Department's plans for increasing the lawn facilities at Seaside Park in Saint John West. He stated that he has received many calls to the • that the existing lawn bowling green there is not being looked after properly. Councillor Parfitt discussed the matter of cost of operating the tenting and trailer park facili- ies at Rockwood Park, noting that this is subsidized by the taxpayers, and she raised the question of hether more benefit is gained by this facility through local or tourist use. Mr. Barfoot, in reply, tated that the Park is administered by the Saint John Horticultural Association who are responsible for onies received from its operation and for expenditures made in the Park. He stated that he can ascertain he number of local people who use it for camping purposes. Noting that the budget of the Recreation epartment is very high and that there are ambitious programmes listed on the brochure for this summer, ouncillor Parfitt asked if there could be an assessment made at the end of the year to see what the demand , as been and if the demand has not been that great maybe the funds allocated could be channelled into the inter programme. Councillor Higgins noted that such an assessment is made every year as a matter of course to determine hat programmes should be continued or dropped and a full report is made to Council. Councillor A. Vincent expressed gratification that the above named brochure lists one summer band ncert to be given by St. Mary's Band, and that it is to be given in King Square. In reply to his question out the reason for not using the bandstand in the Square, Mr. Gabriel advised that the concerts are held the paved area adjacent to the band stand and that the bands prefer to be at the ground level because e sound carries better from that level. He added that a report is being prepared, as requested by Council- * A. Vincent, on the matter of band concerts, including the explanation regarding the lack of seating rangements for the band concert to be given by the Royal Marine Band from the H.M.S. "Hermes" during her cent visit to this port; the report will be submitted to Council. Councillor A. Vincent asked for a report and list on the number of passes that are being given to persons to play golf free of charge at the City- operated golf course in the Rockwood Park area, np� the last twelve month. On motion of Councillor Cave Seconded by Councillor Green • RESOLVED that the Financial Statements for May be received and filed. In reply to Councillor Davis' suggestion that a meeting with the Minister of Finance be arranged r :1:55 ism to discuss the matter of debentures (he had called attention to the fact that the City's overdraft at the end of May was $3,219,433.00), Mr. Park advised that approximately one and one -half months ago the City officials held •����+���• a meeting with that Minister and the Minister of Municipal Affairs and some information was given about the Provincial Government's future plans concerning a possible way of financing for municipalities but there has been no word since then. Councillor Davis felt that the City should pursue this matter again. �dl�alci oil. On motion of Councillor M. Vincent pa Wdw Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the City Manager, authority be granted for payment of the following construction progress certificates and approved invoices for ' Z ngineering Services in connection with projects that have been undertaken under the Department of Regional S�O�j Economic Expansion programme: Courtenay Bay Causeway Approaches (a) A. J. Callaghan & Associates Engineering services for eastern approaches Payments previously approved $ 57,596.57 Sum recommended for payment, Estimate Number 27, June 30, 1974 $ 7,093.87 (b) A. D. I. Limited A -// .L•��� Engineering services for western approaches Payments previously approved $ 84,034.'80 Sum recommended for payment, Estimate Number 26, May 31, 1974 $ 6,614.76 2. Milford - Randolph - Greendale Collector Sewer Giffels Associates Limited Engineering services Qsy7p��S�%SS Payments previously approved $ 104,304.90 • ,��� Sum recommended for payment, Estimate Number 31, June 21, 1974 $ 2,258.07 loom 3• Marsh Creek Sewerage Scheme Ste/ (a) Murdoch- Lingley Limited _ Legal surveys in connection with land acquisition Amount previously paid $ 11,225.15 Sum recommended for payment, Estimate dated June 11,1974 $ 20.00 (b) Construction of sewerage treatment plant and pump station Degremont Canada Ltee (as per attached letter of authorization), Total value of contract $ 675,928.92 Total work done, Estimate 14 675,928.92 �® Retention 0.00 Nil ' 2 l Payments previously approved 670,505.16 (sue aTi Stun recommended for payment, Estimate Number 14, Final Release $ 5,423.76 4. Lorneville Western Industrial Water Supply (a) Construction of 24 -inch water supply line, Contract Number 2 La Societe Lavoie Inc. Total value of contract $ 659,033.25 Total work done 647,929.05 Retention 23,007.04 Payments previously approved 587,929.05 Sum recommended for payment, Certificate Number 7, June 20, 1974 $ 36,992.96 p� (b) Godfrey Associates Ltd. Y Engineering services .455d8. Payments previously approved $ 109,325.18 Sum recommended for payment, Invoice Number 5214, May 31, 1974 $ 256.00 A� /.J 5• Western Residential Area Collector Sewer kv ��� %� Q. E. D. - Interprovincial Engineering Engineering services 4•.D _ Payments previously approved r! Sum recommended for payment, Certificate Number 32, May 31, 1974 •r i �a Came -Iht Bayside Drive Reconstruction and Extension s Murdoch - Lingley Limited Engineering services (property survey) Payments previously approved Sum recommended for payment, Certificate Number 8, to May 31, 1974 On motion of Councillor M. Vincent $ 86,314.11 $ 507.38 $ 10,880.65 $ 1,675.75 Seconded by Councillor Green RESOLVED that the letter from the City Manager advising that the New nswick Development Corporation has found that a portion of Highway 810 (Burchill Road) is an encumbrance to promotional efforts in the Lorneville area because this road cuts across the sub - divisions of land in that a and the Corporation has asked the City of Saint John to close the road when an alternative route has been .strutted across the peninsula and to indicate this intention by taking the first steps in the process of sing of highways, and further advising that the City staff concurs with this suggestion, providing that the ,al closure of the Burchill Road takes place only when an alternative route to, and rail access to Coleson e is available (rail access to Coleson Cove will ensure that the New Brunswick Electric Power Commission will able to move in the heaviest loads required for their projects), and recommending that authorization be given the Common Clerk to advertise the proposed closure of the said portion of street -- be received and filed and recommendation adopted. 156 ?e- 2o/&i0/,/i Sam core; S'W/i die% Re- zo ni„ C'o —op. 777-59. � fln�nt%Q b C,CO. Oct 28, � 97"�f p %i,f Hdc 4,yy.54,11i .Bay �'�• 4(100W1e7Wh IV / C74 Civ9 fYlyao. TiirdJes - /ard On motion of Councillor Davis • Seconded by Councillor Higgins RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land fronting on Sand Cove Road and Bleury Street, being a portion of the former Hospital Annex property on Sand Cove Road, containing an area of approximately 36 acres, from "EF" Rural district to "P " Park, "R1B " One - Family, "R -2 " One- and Two- Family, and "RM -1 " Multiple Residential districts, be read a second time, and that this re- zoning be pursuant to Section 39 of the Community Planning Act. Read a second time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint ' John and Amendments Thereto ". On motion of Councillor Higgins Seconded by Councillor. Gould RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land fronting on Sand Cove Road and Bleury Street, being a portion of the former Hospital Annex property on Sand Cove Road, containing an area of approximately 36 acres, from "RE" Rural district to "P " Park, "R -1B" OneFamily, "E-2 " One- and Two - Family, and "RM -1 " Multiple Residential districts, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. Councillor M. Vincent voted "nay" to the above resolution. On motion of Councillor Higgins Seconded by Councillor Kipping • RESOLVED that the re- zoning applied for by the New Brunswick Housing Corporation, being a portion of the former Hospital Annex property on Sand Cove Road fronting on Sand Cove Road and Bleury Street, containing an area of approximately 36 acres, as shown on a re- zoning sketch prepared by the Planning Department, be proceeded with and pursuant to Section 39 of the Community Planning Act be subject to the following terms and conditions: (1) the 2.39 acre, more or less, parcel at the corner of Bleury Street and Sand Cove Road is to be used for not more than 30 senior citizens' housing units with the front elevations towards Bleury Street not more than one storey in height; *t2) subject to condition number (3) herein, the central 4.21 acre, more or less, parcel in the block bounded by Danell Drive and Allingham Crescent is to be used for not more than 40 town housing units with street fronting elevations not more than two storeys in height; (3) neither the foregoing parcel nor the 2.43 acre, more or less, parcel fronting Dn Sand Cove Road is to be developed before consultation with the Common Council: AND FURTHER that assent be given to the sub - division plan of the above named Sand Cove Road ing project showing the land to be set aside for public purposes and streets to be vested in the City: ' AND FURTHER that the letters from the Planning Advisory Committee in the above regard, dated June and July llth, 1974, be received and filed. Councillors M. Vincent and A. Vincent voted "nay" to the above resolution. Councillor A. ncent questioned the matter of bus service for the above noted housing project area. In reply, the Mayor ated he has been informed there is a bus service in the area. On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that the letter from the City Solicitor with regard to he letter received by Common Council at its meeting of June 26th last from Bay Realties Ltd. which requests that the City have the present construction of buildings on the 9 -acre public lot at Woodlawn Park Sub - • ivision at Red Head stopped, and that the City transfer the said public lot to Bay Realties Ltd., advising hat he has been informed by the City Manager that the matter of the said land will be taken to the Land ommittee shortly for the purpose of recommending to Council the transfer of a portion of the former school of to the developer in return for a new school lot which has been agreed to - it is understood from the ity Manager that he is aware that construction is taking place on land presently vested in the City which as set aside as a school lot and that steps are being taken to transfer title as noted - and further dvising that the purchase of lots by Bay Realties Limited in the Woodlawn Park Subdivision from Timberland oldings Ltd., which had purchased them from Traders Realty Limited over a period of two years, extending rom April, 1970, was simply a land transfer and had nothing to do with the 1968 Subdivision Agreement etween the City and Traders Realty Limited and the services under that agreement or any assignment of the ' greement and that Bay Realties Limited are in the same position as any other individual purchaser of land nd is in effect a stranger to the Subdivision Agreement -- and suggesting that matters involving the City nd the developer, the two parties to the Subdivision Agreement or their successors are of no concern or nterest to Bay Realties Limited, other than the desire of Bay Realties Limited to inform Council of what as taken place -- be received and filed and Bay Realties Limited be so advised and that any correspondence ubmitted to the City by Bay Realties Limited in this matter be returned to that company. In explanation of the present status of the school lot, Mr. Barfoot advised that the replacement ' d, by virtue of the filing of the sub - division plan, has been vested in the City; the land which was merly the school lot is now shown as partly lots and partly as land for public purposes; it will be ommended that the land shown as lots which is a portion of the former school lot, be deeded back to the eloper because the developer has already vested in the City the land for which it is being exchanged. ncillor A. Vincent stated that his information is that houses were built on City land in connection with s matter, and he therefore suggested that the matter should be discussed in legal session because the eloper has already vested in the City the land for which it is being exchanged. Councillor A. Vincent ted that his information is that houses were built on City land in connection with this matter, and he refore suggested that the matter should be discussed in legal session because he understands there are a of houses out there that the City should own as they are on City property. Councillor A. Vincent asked how the developer who built the houses on the City -owned former is chool lot in this sub - division was able to do so without owning the land, from the viewpoint of obtaining building permit. Mr Barfoot pointed out that the land the City has at the moment as a school lot or for I 157 public purposes is understood to be merely a holding piece of land and is of greater value than the former school lot and is being held pending the approval of a further portion of the sub - division which would give • a school site in a more central location. f On motion of Councillor Cave me!®a Seconded by Councillor Higgins �4+240 /a7/ RESOLVED that the reports from the Assistant Redevelopment Officer and I/ODy PPM.Pe from the Acting Director of the Real Estate Department, submitting requested information relating to properties that have been expropriated or are under negotiation for acquisition by the City, for Urban Renewal projects, and for the Spruce Lake water line, listing those expropriated and not settled and which are before the Land Compensatic ee Board, be received and filed. Councillor A. Vincent stated that these reports do not supply all the information he requested: he asked that the lists show the last offer made and the rights -of -way for the Musquash water system and for the Marsh Creek Sewerage Scheme for which the land owners have not been paid. He asked that this information be supplied to the Council. The Mayor replied that the requested information will be obtained. 6tv�F.� P3d�,�e The Mayor advised that with regard to the item on the agenda of this meeting from the Land Committee for proposed purchase of a two - family dwelling at 491 -493 Bayside Drive from the New Brunswick Electric Power ��sC/•°7� Commission, he viewed this property because he was concerned about this matter and he calledthe Power Commission ' and asked why such a high price was being asked, noting that it is of no use to the City and will have to be torn down or moved from the site. He stated that the Commission intends to make reply in this matter on July 16th - with some other arrangement, or it may have to adhere to the arrangement described in the Land Committee's letter;' for that reason, the Mayor would like the Council to defer the item. On motion of Councillor Higgins Leg�is� Seconded by Councillor Hodges IYAR^^!! / / I RESOLVED that the letter from the Land Committee with regard to the pro - lifi, posed purchase from the New Brunswick Electric Power Commission of a two- family dwelling located at 491 -493 Bayside Drive for the appraised value of $28,500.00, the acquisition of this property being necessary to facili- tate the widening of Bayside Drive, be laid on the table. On motion of Councillor Higgins Seconded by Councillor M. Vincent ���� RESOLVED that the recommendation of the Land Committee be adopted, /�14 �4 namely, that the City purchase from Murray and Evelyn Armstrong for the sum of $23,000.00 a one and one -half XVj"VAY &d single- family dwelling and land (consisting of 20,238 square feet, more or less) located at 1416 Loch Lomond ,0&,& z%. oad,, this property being required for water mains and for the future use of a road which will connect Heatherway , X', Z. f and the Loch Lomond Road. On motion of Councillor Green Seconded by Councillor Mac Gowan RESOLVED that as recommended by the Land Committee, the City purchase from the Diocesan Synod of Fredericton for the sum of $1,200.00 land known as Lot 1 situate at the southeast corner of Sydney and Britain Streets, the acquisition of this property being made in accordance with land assembly in the south end area. Zlpees-o a, Rescinded �y eel ...Pea.2, $o�% thisBoo,�) - 9w"Vid aye On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the Land Com- ,pp .dr ittee, the City purchase from Mrs. Margaret Whalen for the appraised value of $24,000.00 property located on Loch Lomond Road, shown on the submitted plan, consisting of a dwelling and an area of land containing 2.04 Aj� Gres, more or less, this property acquisition being in compliance with the acquisition of watershed properties /Cilioe,4 a at a fair and reasonable price. TV. Mr. Farrell advised that the two lots of land which comprise the above mentioned land purchase, are ocated approximately 150 feet across the road from Lake Robertson and thus are very closely connected with the atershed, and it is a restricted area, according to the Community Planning Act; the drainage from sewerage ystems on these two lots goes into the Lake, but when the City sells the dwellings now located on these two lots hey will have to be moved out of the watershed area. On motion of Councillor M. Vincent Seconded by Councillor Higgins dyl-aw RESOLVED that in accordance with the recommendation of the Land Committee, me., T he City purchase 3,180 square feet of land located on Grandview Avenue near its intersection with Old Black �Op� ✓• River Road, from Mr. Leonard J. Kaplansky for the sum of $1,113.00, the acquisition of this property being req- /S(����ais� aired for the widening of Grandview Avenue as outlined in the submitted letter from the Works Department: AND FURTHER that as recommended by the Land Committee, a payment of $250.00 be made to Mr. Kaplansky �✓l��d9 %�!� or legal expenses incurred by himself in the above matter. On motion of Councillor Green 66 / Seconded by Councillor Higgins R/ RESOLVED that as per the recommendation of the Land Committee, the sum of 8,700.00 be paid to Gulf Oil Canada Limited for relocation costs which will be incurred by the company during the COS idening of Bayside Drive by the City of Saint John - the said $8,700.00 being the contractor's price to relocate ,ffe ump island, island slabs, pumps, canopy, underground storage tanks, vents, piping, signs and floodlights, and ` this payment having been approved by the Works Department. On motion of Councillor Cave Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Land Committee, • and consisting of 3 acres, more or less, located on both sides of Meadowbank Avenue in the vicinity of Bullock Street, be sold to Jack Nugent for the appraised value of $5,100.00, and that a covenant be contained in the deed to Mr. Nugent stating that construction must commence within one year or the land shall revert to the City of aint John for the sale price, and that all legal and surveying costs be paid by Mr. Nugent in connection with he transfer to him of the said land. 15S In reply to questioning as to why the above area of land is being sold at this price when it is understood that the going rate for a lot in this general area is $7,000.00, Mr. Farrell stated that the land being sold to Mr. Nugent is very rocky and it would cost the City between $111,000.00 and $120,000.00 • if it were to develop it itself and install services, and the Land Committee therefore ruled it to be too expensive to develop it. He added that the City will provide the meterial for the water and sewer services but anything beyond that will have to be supplied by the developer. On motion of Councillor M. Vincent , %W � Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the Land Committee, the City convey to the Province of New Brunswick that portion of a firelane, as shown on the submitted plan, which borders on Harding Street, Saint John West (the other portion of the firelane was i / previously expropriated by the Province for throughway purposes): ' L ji? J AND FURTHER that the letter from the Land Committee explaining that Dobbin Surveyors would prefer to include this portion of the firelane in the description and register one plan containing Parcels D-1, D -2, D -3 and the said portion of the firelane rather than having a separate plan for the firelane and that when the plan is registered the entire parcel of land will be transferred to the City of Saint John, be received and filed. On motion of Councillor Higgins eo %' ��� ' "'� 1r Seconded by Councillor Cave x(,' zo& CPAY1,W RESOLVED that the letter from the Civic Improvement and Beautification Committee requesting that the Council take appropriate action to ensure that the required repairs are A undertaken at the earliest possible time to the deteriorated bandstand in King Square, which bandstand is L �G I8w5 L dl of historical significance having been given as a gift to the City by the City Cornet Band in November 1909, as a memorial to King Edward VII, and is of a unique design, be referred to staff for a report. Councillor MacGowan, Chairman of the above named Committee, asked that the report be made to Council by staff fairly soon. • On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that the letter from the Civic Improvement and Beautification Committee submitting a letter from Saint John Heritage Trust for the consideration of Common Council in which that organization makes suggestions for improvements to King Square, Saint John West, noting that in TI'6C3 G 1973 the Historic Sites Committee brought to the attention of Council that the Municipal Development Plan accepted by the City recommends an open -air Municipal Museum development for a portion of this area, and /rIhl� e79•� stating that the Committee understands that funds for improvements planned by the Recreation and Parks Department for this Square were not approved in the 1974 capital budget and that the Committee urges the Council's early consideration of this matter - be referred to staff for a report. On motion of Councillor MacGowan Seconded by Councillor Davis RESOLVED that the letter from the Planning Advisory Committee, to whom had been referred the request made by Mr. John Green for permission to give one building lot on the right -hand side of the John Green Roadway in South Bay to his son and to sell one building lot on the left -hand side of the road, advising that when Mr. John Green sought permission in December, 1973 to extend the John Green Roadway, a private road, by 200 feet and to create three more lots fronting on this Q � extension the Planning Advisory Committee was then not prepared to approve the sub - division plan until Mr. ;P1dV&Az0J r/ Green agreed to improve or had improved the full length of the roadway to the standards required by the City under its Subdivision By -Law; that with regard to Mr. Green's present request the Committee finds 1- OMIT /� that the situation has not changed except that, instead of three lots, he is now asking for the approval of two lots and the conditions of approval of the request will still be the same because it involves the extension of a substandard private roadway, and the Committee therefore can find no justification to vary its previous resolution respecting this proposed sub - division -L be received and filed. During ensuing discussion of the above named matter,the suggestion was advanced by Councillor Green.that the City could accept a piece of Mr. Green's land in lieu of an expenditure of money by Mr. Green on the John Green Roadway to bring it to the required standards. Councillor Kipping pointed out that this road is used by other residents who have not helped to bear the costs to Mr. Green in building up this road. On motion of Councillor Green Seconded by Councillor Cave uQ� d� ✓ RESOLVED that the matter be laid on the table and referred to the L /� City Manager with the request that he endeavour to arrange a satisfactory solution with Mr. John Green in ' 1 0rh, Crpw" connection with bringing the John Green Roadway to required standards for sub - division purposes and with RQawdlo�:!Y Mr. Green's desire to convey two building lots as outlined in his letter to Common Council dated April 29th, 1974, and that he report back to Council. Question being taken, the motion to table was carried. On motion of Councillor MacGowan Seconded by Councillor Hodges ' /1%6% /e XOhle RESOLVED that in accordance with the recommendation of the Planning Advisory Committee, permission be granted to Mr. and Mrs. Hermel Desjardins of 356 Greenhead Road to place lnwirl -veS — �TG a mobile home on the lot at the corner of Hawtrey and Williams Streets for a period of one year on con - J.9 Pd% os dition that a start is made, within that time, towards the erection of a house on the said lot. On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that the letter from the Planning Advisory Committee with reference to the application from Mr. and Mrs. Charles H. Moyer for permission to locate at 12 by 60 -foot • L mobile home for a period of twelve months at the rear of 483 City Line, advising that the property in question lies south of the railway tracks and west of City Line and is next to the McNulty borrow pits and is owned by Mr. and Mrs. George Ellsworth, and that the Committee finds that the area is not zoned to L �Ol%' eL ax permit a mobile home and the Committee is concerned that the introduction of mobile homes into either F_ • 0 ^4 159 areas where mobile homes are not thus permitted, or into the more central conventionally built -up areas of the city, will open the way for additional similar requests, and that the Committee therefore recommends that the application be refused, be received and filed and the recommendation adopted. On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the Planning Advisory Committee, the Council vary Common Council resolution of June 25th, 1973 which relates to re- zoning for Shamrock Realty Ltd. of the area at the northeast corner of Loch Lomond Road and McAllister Drive and extending in part to Silverstone Street, in the Highmeadow Park development, by attaching to the layout plan of the development, the presently proposed alternate layout (namely, to reduce the number of proposed units in Part 2 of Phase 1 of the development from 26 to 24, with the types and sizes of units being also changed to suit the existing site conditions - this to be accomplished by building 4 smaller groups of units to replace the previously planned 3 larger groups): AND FURTHER that the letter from the Committee advising that in reviewing the proposal with the devel- opers the Committee raised questions on the colours and landscaping of the first part of the project before making a recommendation, and that the Committee is now satisfied that an attempt is being made to complete the outside painting and site treatment, be received and filed. On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that the matter be laid on the table until an attempt is being e by the developer, and the work completed, to do the outside painting and site treatment on the first part Phase 1 of the Highmeadow Park development. Question being taken, the motion to table was carried with the Mayor and Councillors Green, Cave, MacGowan, Parfitt, A. Vincent and M. Vincent voting "yea" and Councillors Higgins, Gould, Davis, Cave and Hodges voting "nay ". • On motion of Councillor M. Vincent I- ,, Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the Planning f /C�diO Vo sAdvisory Committee the City accept the following sums of money in lieu of land for public purposes with respect to the following sub- divisions:- 1. from Donald Nice - C -112, the sum of $320.00; (Mr. Nice wishes to sub - divide /6 lot 4 on the west side of Kennebecasis Drive just west of Westmount Drive into two 70 -foot -wide Mee lots) - money in lieu of land for public purposes was accepted by the City at the time lot 4 was created; the present figure is based on a Real Estate Department evaluation of the incremental value which would be created by the present proposal ($4,000.00 upwards); from F. G. Carvell - L -94, the sum of $640.00 based on the Real Estate Depart- ment's appraisal (two lots are being severed from the F. G. Carvell property on the west side of the Gault Road about 150 feet south of the Alvic Place intersection); 3. from Allan Wilson - 5 -40, the sum of $88.00 based on the Real Estate Depart- ment's estimate of the value of the new vacant lot (the proposal consists of two adjoining lots on the, north side of the Range Road about 600 feet east of the Black River Road; this is the sub - division of one existing lot containing a dwelling); 4. from R. G. McCullough - 5 -29, the sum of $240.00 based on the Real Estate /Odd Department's advice (a 209 foot by 209 foot lot is being servered from the McCullough property on the north side of the Red Head Road about a half mile north of the Anthony's Cove Road); ,A� 5. from G. C. Ward - L -108, the sum of $312.00 based on the Real Estate Department's • 6? e� appraisal (the proposed G. C. Ward lots are situated on the north side of Ocean Westway about 250 feet west of Colpitt's Avenue); 9 6. from Andrew Dempster.- 5 -40, the sum of $216.00 based on the Real Estate De- partment's appraisal of $2,700.00 (this is a proposal to create six lots on the north side of the Old Black River Road and opposite the Range Road intersection); 7. from James R. Cathline - S -13c, the sum of $88.00; this is a one lot sub- division just south of Cathline Drive- the lot was valued at $1,100.00 (before its sub - division) by the Real Estate Department. On motion of Councillor MacGowan Seconded by Councillor Cave RESOLVED that as recommended by the Planning Advisory Committee the City accept the following sums of money in lieu of land for public purposes with respect to the following sub- divisions:- ��/a/®O� (1) from Harold Eastwood, 5 -30, the sum of $184.00 based on the Real Estate Department's appraisal (the Eastwood roperty is situated on the northerly side of the Mispec Road about 3,400 feet west of the Mispect River; the Committee agreed to allow Mr. Eastwood to divide the 200 foot by 400 feet property into two equal parts, measuring T about 100 feet by 400 feet, each); (2) from T. M. Galbraith and M. H. McKee, L -114, the sum of $120.00 based on ' �►�,APPAC12 the Real Estate Department's appraisal (this property is situated on the westerly side of the Lorneville Road approximately 400 feet south of Pisarinco Creek; portions of the adjoining T. M. Galbraith and M. H. McKee properties are being exchanged to permit the creation of two buildings lots; Lot 74 -2 contains a long existing Uze w dwelling and lot 74 -1 is vacant); (3) from V. LeRoy Veinotte, L -100, the sum of $200.00 (two lots are being !�.created at the northeast corner of Highfield Avenue and the Stevens Road in Martinon; lot 74 -1 contains an existing dwelling). On motion of Councillor Cave Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Planning Advisory • �,_ �ib. Committee, assent be given by the Council to the City sub - division off Thornbrough Street (Lot 74 -1) which is he site of the new Kiwanis Club Vocational Training School and which is part of City property that is also PAVP7 r01F_ eing sub - divided at this time into five additional lots: Ilea 2%7 /0e AND FURTHER that the letter from the Planning Advisory Committee, advising that the public street in 160 S� -w/pll orb 7�7or�G��r�sS St i/ /dS�/1' /•S' � /dd� (/oc°. T�ainia� S�e//oo/ .. J. 4 s f-o/o/W' chaflp 17o &s/J7*Tsk forme e�o69�" T�/j'c,�.S�Irer i..oH9l�% �i&►l�o• �°vis.�•e *Ie -"07/ y,9 0. Wax CEO mm re /L�I/�si Woi/�i G% ®ref's �epa� Ba pe-am, L E G AL COivm 0140/e the above sub - division, which properly should be called either Kiwanis "Place" or "Court" dead -ends at the edge of the Kiwanis property but joins a circular drive on that property, be received and filed. The Mayor advised that with regard to the proposed motion for appointment of the Chairman of the • Saint John Housing Commission, the nominee is Mr. John D. MacCallum. On motion of Councillor Davis Seconded by Councillor Higgins RESOLVED that Mr. John D. MacCallum be appointed Chairman of the Saint John Housing Commission to fill the vacancy created by the resignation of Mr. Patrick Darrah: AND FURTHER that the Housing Task Force Report made in 1972 be referred to the Saint John Housing ' Commission, and that the Commission be requested to give immediate consideration to the Report and to advise the Council at its earliest opportunity which parts of the Task Force Report are still of value, and the means of implementation of such parts, together with such other matters relating to meeting the housing problems in Saint John as that Commission deems appropriate. Councillor Davis felt that the Council should be very careful about making new committees or re- establishing old committees and making new appointments, et cetera, because there are situations now in the city where the authority is divided between committees, and he felt that this situation might develop with this Housing Commission because there is a Neighbourhood Improvement Programme going on which will not be under the Commission and we have several other housing situations which will not be under the Commission because the City contributes $200,000.00 or $300,000.00 each year to extensions such as the Limited Dividend Housing group. He felt it is quite obvious that the Council should be looking at the organization not only of the city departments but also of the city committees and commissions. He noted that we do not have organized staff at this time to work with the committee, which must have its own staff. He hoped that the Council will soon turn its attention to arranging these commissions so that they will be more efficient in the future. The Mayor noted that the aim of these resolutions was to get the matter of housing moving in view of the terrible housing problem that presently exists in the city. The Mayor agreed that normally this would be processed through the Nominating Committee who would then make recommendations to Council regarding appointments but as it was not possible to call the Nominating Com- mittee together for a meeting to consider these nominations and as he has had many people in who were concerned about housing he felt the only way to expedite the commencement of solution of the housing problem is to establish the Commission and call that group together and give the group the challenge and let it go to work. Councillor M. Vincent stated that although he is aware that there is concern on the part of many people that the various committees and commissions should have their vacancies filled, and he agrees that this should be done as soon as possible; however, he was of the opinion that the Nominating Committee should first meet and consider the various vacancies. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that the proposed appointment of a Chairman for the Saint John Housing Commission, the proposed referral of the Housing Task Force Report to the Saint John Housing Commission, the proposal to constitute a Traffic and Safety Committee, and the proposal that the Lieu- tenant - Governor -in- Council be requested to appoint three members to the Fort La Tour Development Authority - be laid on the table. On motion of Councllor Gould Seconded by Councillor MacGowan RESOLVED that the letter from the Board of School Trustees of chool District Number 20, urging that the- Planning Advisory Committee and the Common Council (1) provide or maximum safety where main streets from housing sub - divisions enter a busy highway, and (2) acquire ights -of -way to provide for construction of a parallel street pattern away from the main arteries -- be eferred to staff for their consideration. On motion of Councillor MacGowan • Seconded by Councillor Green • RESOLVED that the application from Mr. George 0. Kelley of 73 Golden e Road for the re- zoning of property at 75 Golden Grove Road to permit an addition to the present cture which is an automotive electrical repair garage, be referred to the Planning Advisory Committee its comments. On motion of Councillor Cave Seconded by Councillor Green RESOLVED that the petition from residents of Walter Street in the n Falls area advising of the existence of ditches in the vicinity of this street which are a health and , ety hazard to the residents and to the many children who play in the area, and requesting that action taken to fill in or cover the ditch which is approximately 150 feet in length which has no inlet or let, be referred to the Works Department engineering branch for a report and action. On motion of Councillor Higgins Seconded by Councillor A. Vincent RESOLVED that the letter from Mr. P. E. Godsoe, Co- ordinator of ;he Crime Prevention Group, submitting a list of questions regarding the submission of the Crime Prevention ' group that was forwarded to all levels of government in December, 1973 and expressing the hope that the >resent Common Council will take action to deal with the subject of formation of a Youth Service Bureau, ie received and filed. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that this meeting continue, in legal session. Councillor A. Vincent stated that there is an item listed on the Committee of the Whole section of the agenda of this meeting which he feels should be placed in legal session now, if the City Manager is • going to discuss certain matters pertaining to this item that he believes the City Manager will be discussing. Councillor A. Vincent voted "nay" to the motion. I r 1.6.1 Councillor A. Vincent noted that Mayor Flewwelling will be in St. John's, Newfoundland when the Atlantic Provinces Trowel and Trades Fair is held there on August lst, and he suggested that it would be fitting if the • Mayor were to present a letter to the Mayor of St. John's, with a copy to Mr. A. Crosby, Chairman of the Canada Summer Games Commission, assuring that city of the support of the citizens of the City of Saint John for the said Games in that city. Sirr✓JJo�i�s C vy t Sian, 5w/ow ®. Of Sao -,vise ze,*a/ On motion of Councillor Green Seconded by Councillor Cave RESOLVED that His Worship, Mayor E. A. Flewwelling be authorized-,to prepare and present a letter to the Mayor of the city of St. John's, Newfoundland, when he is in that city on August 1st next, expressing the support of the citizens of the City of Saint John for the holding of the Canada Summer Games in that city in 1977 and their good will for the success of the Games. On motion of Councillor Davis Seconded by Councillor Green RESOLVED that the letter from the City Solicitor, dated July 12th, 1974, with reference to the proposed enactment of the 1929 Gasoline Service Station By -Law amendment to prohibit the erection of a gasoline service station by Irving Oil Limited at the intersection of Chesley Drive and Douglas Avenue, and to the engagement of outside legal counsel, be laid on the table until after the Council meets on July 22nd next with Mr. D. M. Gillis, Q. C., solicitor for the said company, and with his principals in the (natter of the said service station rebuilding. Councillor MacGowan felt that the Council should first engage the legal counsel and have him attend the said July 22nd meeting. Question being taken, the motion was carried with Councillors MacGowan and Gould voting "nay" On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the letter from Mr. D. M. Gillis, Q. C., solicitor for Irving Oil Limited in the company's desire to re- establish its service station on Chesley Drive near the Reversing Falls, suggesting that it would be in the interest of all parties if the problem can be resolved amicably and therefore requesting a meeting of his principals with the Common Council at a meeting of the Committee of the Whole at an early date, be received and filed and the Council meet with Mr. Gillis and his clients at 6.00 p.m. on July 22nd next. Question being taken, Councillor Kipping voted "nay" On motion of Councillor Davis Seconded by Councillor Cave RESOLVED that the City Solicitor be authorized to engage outside legal opinion at his discretion at any time he feels it is necessary with regard to the application made by Irving oil Limited to re- establish a service station on Chesley Drive near the Reversing Falls. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the City Manager, further to his recommendation OVI of June 10th, 1974, and the legal questions which have arisen concerning the application made by Irving Oil _ 05A Limited to re- establish a service station at the intersection of Chesley Drive and Douglas Avenue, advising that 0✓ e recommends that the Common Council take the necessary action in order to prohibit the erection of the said requested gasoline service station on the site of the previously operated service station at the said inter- section and that he recommends that the prohibition be under the 1929 Gasoline Service Station By -Law or through zoning regulations under the Community Planning Act, and advising that with respect to greater control of gasoline service stations within the entire city he will be submitting a further recommendation on this matter in the near future, be received and referred to the City Solicitor and no action be taken regarding the recommendations • C contained therein. Question being taken, the motion was carried with Councillor MacGowan voting "nay ". J , On motion of Councillor A. Vincent Seconded by Councillor Davis RESOLVED that the matter of responsibility for replacement of the present apsed in -take pipe at Spruce Lake be referred to the City Solicitor so that the City may initiate the legal s necessary to recover the additional costs involved through the said collapse of the fibreglass reinforced tic pipe. On motion The meeting adjourned. A4L, Commo 162 At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty - second day of July, A. D. 1974, at 7.00 o'clock p.m. • present E. A. Flewwelling, Esquire, Mayor Councillors Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - , Messrs. R. Park, Acting City Manager, F. Rodgers, City Solicitor, J. C. MacKinnon, Assistant Director of Works - Operations, R. Dhar, Supervisor of Inspection and Technical Services, A. Ellis, Building Inspector, F. Grass, Information Officer, S. MacDonald, Director of the Promotion Department, D. Carter, Economic Co- Ordinator, and M. Zides, Municipal Planning Director The meeting opened with silent prayer. �`p�a,.irtmeat On motion of Councillor Gould , [[[777 �►O/J71yJ. Seconded by Councillor Higgins �yOh RESOLVED that the nominees for the Nominating Committee that have �!t�/xj/ /ors been submitted by the Mayor be accepted and they be appointed a Nominating Committee, namely:- Councillors //'�iOdh4.-Yyli MacGowan, Davis, Hodges, Pye, and the Mayor as chairman. Y�S� �d9es, Read report of the Committee of the Whole Rye (as follows) To the COMMON COUNCIL of the City of Saint John • CO//jjJJ %use The Committee of the Whole reports Your Committee begs leave to report that it sat on July 15th, 1974, when there were present Mayor p Flewwelling, and Councillors Cave, Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent /7 �d� hL�Ib7!$/jlf and M. Vincent, and your Committee begs to submit the following report and recommendations, namely: - ,�, H 1. That as recommended by the Nominating Committee, Mr. John D. MacCallum be appointed Chairman of /APP the Saint John Housing Commission to fill the vacancy created by the resignation of Mr. Patrick Darrah. /tae a/&-," 2. That as recommended by the City Manager, W. H. Crandall and Associates be engaged as consultants �OhS 6&1V- AZ S to design and inspect the construction of a pumping station at the Lancaster Sewage Treatment Plant site , /� and be paid the current scale of minimum fees for consulting engineering services, as outlined by the �"tP Q��, Association of Professional Engineers of the Province of New Brunswick. /'ssAs,O /os/;� 3• That the contract entered into by the City of Saint John with Stephen Construction Company �c��1Ca7S B1�/ Limited by Council resolution of April 22nd, 1974, be re- opened and that the 1974 -75 prices per ton as agreed to therein be adjusted upwards by $2.05 per ton, effective July lst, 1974, because of increases that have taken place in the past six months in the price of petroleum products, including liquid asphalt, and Asp�fp^° -C hat the Mayor and Common Clerk be authorized to execute the necessary amendment, and that the corres- ."4C a pondence in this matter be referred to the City Solicitor for incorporation in the proper document in this 5�4��g �� regard and to contain the conditions discussed by Council, such as the de- escalation clause. 4. That as recommended by the City Manager, tenders be invited for the work of supplying and in- stalling the new Spruce Lake in -take partial replacement for the Musquash Water Supply project. 5. That Mr. R. Park be appointed Acting City Manager during the absence from the City from July 18th . T.&W0.P'S t0 )a,30/ to August 23rd next of Mr. N. Barfoot, City Manager. P� 6. That probationary constables of the Police Department be paid at the commencement of employment ?f9Z� _ with the City of Saint John at the rate of $7,200.00 per annum: �%Vlp& AND FURTHER that'in accordance with the recommendation of the City Manager, probationary constables of the said Department after six months be paid at the rate of $7,800.00 per annum. ;PO /lee *&Vo� 7. That the salary for Mr. N. Barfoot City Manager, be 28 800.00 y y g $ per annum from the date of ap- pointment to December 31st, 1974. �af"dl 8. That in accordance with t he recommendation of the Chief of Police, the following changes in the minimum recruiting standards for the Saint John Police Department be approved, namely:- (1) that the ap- plicant be between the ages of 19 and 30; (2) that the applicant's minimum weight be 150 pounds; (3) that the applicant's minimum height be 5 feet 9 inches; (4) that the applicant have vision near 20/20; that candidates with glasses or contact lenses be considered provided such corrective devices render near 20/20 vision; (5) that, additionally, candidates who are not older than 35 years and have at least five (5) years 177ZgiAa?K y" experience in specialized police work with the Royal Canadian Mounted Police, a provincial police force, the Provost Corps, or another municipality with comparable standards may be considered; candidates in this 1 age group with private security force experience only will not be considered. Respectfully submitted, 22nd July, 1974, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that the above report be received and filed and the tions contained therein adopted. • Councillor M. Vincent recalled that at the Council meeting of July 15th last he was the mover of the successful tabling motion with reference to appointment of the Chairman of the Saint John Housing Commission, and with reference to the Saint John Housing Commission implementing appropriate parts of the F_ 163 Task Force on Housing Report, and with reference to the proposal to constitute a Traffic and Safety Committee, and also, with reference to the proposal that the Lieutenant - Governor -in- Council be requested to appoint three • members to the Fort La Tour Development Authority. He noted that his intent at this meeting was that the matter of appointments be processed through the Nominating Committee, and that the appointment of the Chairman of the Saint John Housing Commission has been done in this manner, and that he is sure that this was the initial wish of the Mayor to do so. 149S 'A41V pile" 1AeGW0?50_P a/7 &Gy o.4oz-A Cap J�3 /a�B°I L°S UU/Y0-/!/D7� .5eme - a /osiny MR �haP; Td sx Sveg� <a A Old l/ftoap/edl E With regard to the re- opening of the contract between the City and Stephen Construction Company Limited, Councillor M. Vincent explained that this arrangement for the increased price per ton of asphaltic materials was the most beneficial from the City's point of view and that had the contract been nullified because of the con- tractor's inability to supply at the prices agreed to by Council resolution of April 22nd, 1974 and the City had to call for bids, it is felt that prices would be higher than those now agreed to in the above Council resolution. Councillor M. Vincent expressed the view that the new rate of pay for probationary constables of the Police Department as provided for in the above resolution, would hopefully attract a higher calibred person to offer to serve with the Police Department and this, in effect, would result in an improved Department by higher qualifications being required of probationary constables. The Mayor advised that he received a letter this afternoon from The Honourable W. G. Bishop, Minister of Highways, in which the Minister states that his Department has a programme set up to pave Fairville Boulevard (Golden Mile) at a cost of approximately $200,000.00, charged to the 1974 funds, and that particulars of the project have been discussed with the City of Saint John. The Mayor stated that The Honourable J. S. Brooks, Chairman of the New Brunswick Electric Power Com- mission, has extended an invitation to him to accompany him to Toronto, Ontario:""on July 25th and 26th next when he and officials from the Province of New Brunswick view the new nuclear generating station at Pickering, which is near Toronto. The Mayor advised that he has accepted this invitation. During discussion on the question as to when the Province will perform the paving work on Fairville Boulevard above mentioned, Mr. MacKinnon advised that efforts were made this afternoon to obtain specific in- formation from the Department of Highways and that it is hoped more of the details will be learned tomorrow morning. In reply to fears expressed by Council members that this work on this heavily - travelled route will have a detrimental effect on seasonable tourist traffic, Mr. MacKinnon stated that this widening and paving work on Fairville Boulevard would not involve curbing work. Councillor MacGowan felt that it would be wise for the City to place curbing along Fairville Boulevard in this area to coincide with the Province's widening and paving programme, thus resulting in improved appearance for the area. In reply to Councillor Hodges' request that the Council be supplied within the next week with the details of the improvements that are planned for Fairville Boulevard, Mr. MacKinnon stated that this will be done. The Common Clerk advised that the necessary advertising took place for the proposed closing of a 66- foot wide unnamed street which runs southerly from its intersection with the Old Black River Road, and that a precise description has been prepared of the portion of street that is to be closed, it having been determined that the two sections of street as advertised would have blocked off certain houses; therefore, there is only one portion of street that is being closed. He read the said description for street closure, at this point, and advised that no objections had been received to this proposed street closure. It was noted that no persons were present to offer objection to this proposed closing of street. On motion of Councillor Higgins Seconded by Councillor Green 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the following portion of an unnamed street which is 66 feet in width and which runs southerly from its intersection with the Old Black River Road: - "Beginning at a point on the southerly sideline of Old Black River Road, said point being distant two thousand, nine hundred and seventy, plus or minus, (2,970 +) feet from the point of intersection of the above mentioned southerly sideline of Old Black River Road and the southerly sideline of Grandview Avenue, said point being more particularly described as New Brunswick Grid Co- Ordinates (N. 552914.47 E. 1,127,464.71); thence from said point south sixty degrees, forty -six minutes west (5.60° 46' W.) along the northern sideline of a proposed street a distance of four hundred and forty, plus or minus, (440 +) feet; thence south twenty -nine degrees fourteen minutes east (S. 290 14' E.) and at right angles, a distance of sixty -six (66) feet to the southerly sideline of the proposed street; thence north sixty degrees forty -six minutes east (N. 60° 46' E.) along the southerly sideline of the aforementioned street a distance of five hundred and forty, plus or minus, (540 +) feet, where it intersects the southerly sideline of the Old Black River Road; thence in a westerly direction along the southerly sideline of the Old Black River Road to the place of beginning. ", be read a first time. Read a first time the by -law entitled "A By -Law to Amend a By -Law Respecting the Stopping Up and Closing Highways in The City of Saint John Made Under the Authority of Section 186A of the Municipalities Act and ndments Thereto ". On motion of Councillor Higgins Seconded by Councillor Green RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting the topping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 186A of the unicipalities Act 1966 and Amendments Thereto" with respect to the closing of the following portion of an unnamed treet which is 66 feet in width and which runs southerly from its intersection with the Old Black River Road: - Beginning at a point on the southerly sideline of Old Black River Road, said point being distant two thousand, ine hundred and seventy, plus or minus, (2,970 +) feet from the point of intersection of the above mentioned outherly sideline of Old Black River Road and the southerly sideline of Grandview Avenue, said point being more articularly described as New Brunswick Grid Co- Ordinates (N. 552914.47 E. 1,127,464.71); thence from said point outh sixty degrees, forty -six minutes west (5.60° 46' W.) along the northern sideline of a proposed street a istance of four hundred and forty, plus or minus, (440 +) feet; thence south twenty -nine degrees fourteen minutes ast (S. 20° 14' E.) and at right angles, a distance of:--sixty-six (66) feet to the southerly sideline of the roposed street; thence north sixty degrees forty -six minutes east (N. 600 46' E.) along the southerly sideline f the aforementioned street a distance of five hundred and forty, plus or minus, (540 +) feet, where it intersects he southerly sideline of the Old Black River Road; thence in a westerly direction along the southerly sideline f the Old Black River Road to the place of beginning. ", be read a second time. Read a second time the by -law entitled "A By -Law to Amend a By -Law Respecting the Stopping Up and losing of Highways in The City of Saint John Made Under the Authority of Section 1B6A of the Municipalities Act .nd Amendments Thereto ". The Common Clerk advised that no objections were received in regard to the proposed closing of a portion Hilyard Street, the necessary advertising having been completed. It was noted that no persons were present at meeting to express objection to the said proposed street closure. 164 C�isi A, r70eAl Tolii 2�c-:On /ems T ;P .Cogs 10i /,%,Ceod ,St. On motion of Councillor Gould ' Seconded by Councillor Hodges • 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 Made Under the Authority of Section 186A of the Municipalities Act and Amendments Thereto" with respect to the closing of that portion of Hilyard Street commencing at the intersection with Harrison Street and running in a westerly direction a distance of approximately 450 feet the entire width of the street, namely, 50 feet, be read a first time. Read a first time 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 Made Under the Authority of Section 186A of the Municipali- ties Act and Amendments Thereto ". On motion of Councillor Gould Seconded by Councillor Hodges 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 Made Under the Authority of Section 186A of the Municipalities Act and Amendments Thereto" with respect to the closing of that portion of Hilyard Street commencing at the intersection with Harrison Street and running in a westerly direction a distance ' ,of approximately 450 feet the entire width of the street, namely, 50 feet, be read a second time. Read a second time 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 Made Under the Authority of Section 186A of the Municipali- ties Act and Amendments Thereto ". The Common Clerk advised that with regard to the proposed closure of the portion of McLeod Street that was recently advertised, a written objection was received from Mr. A. J. Debly, Barrister, on behalf of clients who object to this proposal. He added that no other written objections were received. Mr. Debly was present, accompanied by Mr. Joseph A. Logan, one of his clients. Mr. Debly advised • that he was offering objection to the proposed street closure on behalf of Reverend J. R. Logan, the owner of 22 St. Anne Street, and Mr. Joseph A. Logan, who owns 26 St. Anne Street, and that his clients feel that closing the said portion of McLeod Street (from its intersection with St. Anne Street and running in an easterly direction its entire length and width) will cause them hardship in gaining access to their properties due to the condition of St. Anne Street and the fact that it terminates before it reaches civic number 26 St. Anne Street. Mr. Debly's letter to Common Clerk D. H. Carey, dated July 17th, 1974, notes that for thirty years and upwards the owners of these properties have been using McLeod Street to gain entrance to their properties, and that his clients feel that McLeod Street should remain as originally planned and they therefore object to any change thereto. Mr. Debly advised that 22 St..Anne Street was purchased in 1921 by the Logan.family and 26 St. Anne Street was acquired in 1942; over the years, the street was actually built by his clients and the closing of the portion of McLeod Street would not give them any access to the rear of their properties; the property at 22 St. Anne Street has a width of roughly 6 or 7 feet from the sideline of McLeod Street and there is a garage and buildings in the rear that have been built by Mr. Logan and it would cause quite an expense in order to gain entrance due to the manner in which these buildings are built, should the section of McLeod Street be discontinued. He added that 26 St. Anne Street has no front entrance; the street itself terminates just about when it reaches the lot at 26 St. Anne Street; his clients would like to ensure that they -retain access to the rear of their property should any other mode of division be approved by the Council. He advised that the lots fronting on St. Anne Street are 100 feet along McLeod Street, which his clients own and they would like to keep McLeod Street as a public street to rear of their lots, at least. He confirmed that the properties that are owned by his clients are on either side of McLeod Street and that it-would therefore mean that this street would only have to be left open up to the fire lane - the other part of McLeod Street, that is, the circular cul de sac, would not matter to his clients. When asked the reason for closing the proposed section of McLeod Street, Mr. Zides advised that t is to allow the developer of the land to use the rear of it as a private street and it would be the eveloper's responsibility to put in services and maintain them. He stated that it was his recollection hat one of the conditions of the City closing this portion of McLeod Street and conveying the area to the eveloper was that adequate provision for street access to the properties on either side of McLeod Street t its intersection with the easterly side of St. Anne Street to ensure they would have containuing use of cLeod Street. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that any readings of the proposed amendment to the by -law itled "A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of nt John Made Under the Authority of Section 186A of the Municipalities Act and Amendments Thereto" with and to the proposed closing of McLeod Street from its intersection with St. Anne Street and running in easterly direction its entire length and width be laid on the table pending a report from City staff in light of the letter received from Mr. A. J. Debly, Barrister, on behalf of his clients who are owners 22 and 26 St. Anne Street. The Common Clerk stated that advertising was completed regarding the proposed re- zoning for A. C. airweather & Sons Limited of land on the north side of Ashburn Lake Road located 230 feet from the inter - ection with Drury Cove Road, and that no objections in writing were received. No person or persons were resent to make objection to the said proposed re- zoning. On motion of Councillor Green Seconded by Councillor Gould Re zo,oi,by RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law n �+�40� f The City of Saint John and Amendments Thereto" insofar-as it concerns re- zoning an area of land 200 feet !7 y 200 feet on the north side of Ashburn Lake Road located 230 feet from the intersection with Drury Cove '= L47,5 Z. oad, be read a first time. Read a first time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John Amendments Thereto ". On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law • f' L ,65 On motion of Councillor Higgins / p[' /� Seconded by Councillor Kipping RESOLVED that the matter of relocating the family that is now residing at • _VY�Z 216 Sydney Street, as early as possible, be referred through the Acting City Manager to the proper channels. • A Notice had been given to Rothesay Floor Ltd. and to Ivan Jackson to appear at this meeting to show C%Vd cause, if any, why the building located at Market Place, corner of Winslow Street, should not be removed or _01Wa° destroyed as a dangerous or dilapidated building. No person or persons were present on behalf of the said owners. , of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land 200 feet by 200 feet on the north side of Ashburn Lake Road located 230 feet from the intersection with Drury Cove Road, be read a second time. S®os ,Cap Read a second time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". Notice had been given to the Estate of John Quilty and to the Estate of John Ross to appear at this meeting to show cause, if any, why the building located at 426 City Line should not be removed or destroyed as a dangerous or dilapidated building. The Building Inspector stated that in addition to his written report on the condition of the above named property, he had received a letter from the last known owner of the property, Mrs. Evelyn Quilty of 188 Metcalf Street, stating that she is aware that the building is a fire hazard and that she has no objection to it Rol A &4y being demolished, but she does not have the means to do so and she has been told she does not have clear title to J the property. Mr. Ellis added that the property is leasehold. At this time, he distributed for the information of the Council members pictures of 426 City Line. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that notice having been given to the Estate of John Quilty and to he Estate of John Ross, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 426 City Line, in the City of Saint John, requesting that the G7 said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector of Buildings; the Common Council hereby deems and declares the said building located at civic number 426 City Line,. in the said city, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Estate of John Quilty and the Estate of John Ross are hereby required to remove or destroy the said building situate at civic number 426 City Line, in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: AND BE IT FURTHER RESOLVED that upon failure of the said Estate of John Quilty and the Estate of John Ross to remove or destroy the said building situate at civic number 426 City Line, in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Estate of John Quilty and the Estate of John Ross. Notice had been given to J. Ernest Prosser and F. Mabel Prosser to appear at this meeting to show cause, if any, why the building situate at 216 Sydney Street should not be removed or destroyed as a dangerous or dilapidated building. Mr. Robert McKinstry was present and stated that since June 4th, 1974, he foreclosed on the mortgage on this leasehold property and became its owner by virtue of a Sheriff's sale; he believes that the former owners were lien owners. He explained that he is a developer in this city and is not interested in owning this kind of accommodation - the condition of this building is horrible and it is dilapidated and in a very bad state of repair, and it is presently inhabited by a family with ten or twelve children who, because of the state of this gyp building, should not and cannot live there, and he is charging them no rent - they have to be relocated to other /a /spy living accommodations regardless of whether or not the building is demolished. He stated that he would hope it would not take more than a week from this time to relocate this family. He stated that he understands that the lease to the land at 216 Sydney Street terminates when the building ceases to exist on it and all rights to the land would then revert to the freehold owner, which is an estate that is managed by Canada Permanent; he is trying to locate the heirs to the estate so that he can arrange to purchase the land - he understands that the heirs reside in Georgia, United States of America. He stated that he became the owner of this building by fore- closing the mortgage to protect a financial interest in the building. He stated that his proposal is that the said family be found other accommodations, that he secure this building and provide suitable surveillance of it so that it does not constitute a danger, and that he be given a sufficient amount of time to contact the heirs of the estate so he can purchase the land, after which he will demolish the building; if the building were demol- ished before he could arrange to buy the land, the ownership of the land could be very questionable. Mr.. Ellis-at this.time displayed pictures of the building under discussion. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that notice having been given to J. Ernest Prosser and F. Mabel rosser, being the owners, as appears by the records of.the Registrar of Deeds for the County of Saint John, of �Y he building located at civic number 216 Sydney Street, in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed <° or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector of Buildingsi Common Council hereby deems and declares the said building located at civic number 216 Sydney Street, in the �the said City, to be dilapidated and dangerous: y- AND BE IT FURTHER RESOLVED that the said J. Ernest Prosser and F. Mabel Prosser are hereby required to � F �a� remove or destroy the said building situate at civic number 216 Sydney Street, in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: �B°OSSGDi^ AND BE IT FURTHER RESOLVED that upon failure of the said J. Ernest Prosser and F. Mabel Prosser to remove or destroy the said building situate at civic number 216 Sydney Street, in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the ' cost thereof recovered from the said J. Ernest Prosser and F. Mabel Prosser. Councillor M. Vincent advised of receipt by him of a letter from the Fire Department to the Building Inspector setting forth the Department's view that this building constitutes a fire and public safety hazard. On motion of Councillor Higgins / p[' /� Seconded by Councillor Kipping RESOLVED that the matter of relocating the family that is now residing at • _VY�Z 216 Sydney Street, as early as possible, be referred through the Acting City Manager to the proper channels. • A Notice had been given to Rothesay Floor Ltd. and to Ivan Jackson to appear at this meeting to show C%Vd cause, if any, why the building located at Market Place, corner of Winslow Street, should not be removed or _01Wa° destroyed as a dangerous or dilapidated building. No person or persons were present on behalf of the said owners. , 166 4,9r a 1/sf Seconded by Councillor Hodges 7 RESOLVED that this Common Council issue a proclamation that the days of 24th July to 28th inclusive be known as "Loyalist Days ": ..Days AND FURTHER that this proclamation shall be made in the form and style consistent with the wording, and phraseology used in the 1780's, as follows:- "His Worship, the Mayor, and members of Common Council of the City of Saint John, New Brunswick. A� ;aw On motion of Councillor MacGowan Greetings. Seconded by Councillor Higgins • Cpj!/.�pt RESOLVED that notice having been given to Rothesay Floor Ltd. and �/'''S�� ��/ �S _ Ivan Jackson, being the owners, as appears by the records of the Registrar of Deeds for the County of ,-(, "ew �- C49.. Saint John, of the building located at Market Place at the corner of Winslow Street, in the City of Saint /JOB/ C' /Cpm/ J7i John, requesting that the said owners appear before this meeting of the Common Council to show cause why r! the said building should not be removed or destroyed as a dangerous or dilapidated building, and having �� considered the report of the Inspector of Buildings, and no -one having appeared on behalf of the said -�ZZ^ ` Rothesay Floor Ltd. and Ivan Jackson; the Common Council hereby deems and declares the said building li9h ✓5d s located at Market Place on the corner of Winslow Street, in the said city, to be dilapidated and dangerous: Fathers of our City: AND BE IT FURTHER RESOLVED that the said Rothesay Floor Ltd. and Ivan Jackson are hereby required , KNOW YE THAT WE, the City of Saint John, in Common Council, by virtue of the rights and powers to remove or destroy the said building situate at Market Place on the corner of Winslow Street, in the in us vested, do hereby create, constitute and proclaim that those days falling in the latter week of the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: onth of July designated the 24th to 28th inclusive shall be known as "Loyalist Days ", and the same shall AND BE IT FURTHER RESOLVED that upon failure of the said Rothesay Floor Ltd. and Ivan Jackson to e celebrated throughout the length and breadth of our municipality: remove or destroy the said building situate at Market Place on the corner of Winslow Street, in the City AND FURTHER that the keeping of,the City of Saint John be entrusted in the hands of His Excellency, of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such vernor Thomas Carleton and His Worship, Gabriel Ludlow, for the celebration of these Loyalist Days. work to be done and the cost thereof recovered from the said Rothesay Floor Ltd. and Ivan Jackson. Given under our hand, and the Great Seal of the City of Saint John, this 22nd day of July, in A delegation of ladies and gentlemen (members of the Loyalist Days Committee), representing ' lie year of our Lord 1974." members of original Loyalist families of Saint John and attired in costumes of the 1783 period, were The delegation of Loyalists retired from the Council Chamber this escorted into the Council Chamber and were welcomed by His Worship, Mayor E. A. Flewwelling. at time. Mr. Alexander P. Gregory, representing Governor Thomas Carleton, first Governor of the Province Consideration was given to a petition which was received from a large group of residents of of New Brunswick, addressed the Council members and requested that the dates of July 24th to July 28th Re6r-./-/',p"� M4ichael Crescent, Bonita Avenue and Cindy Lee Street in Silver Falls Park. Mr. Robert Merzetti, spokesman inclusive shall be proclaimed "Loyalist Days ". Mr. Roy Cormack, portraying Colonel George Gabriel Ludlow, ' first Mayor of the City of Saint John, endorsed this proposal. f Silver Falls Park and extending from the southern border of Saint Joseph's Cemetery and running in a Deputy Mayor Higgins stated that having listened with interest to the proposal put to the Common LIB�J S•� outherly direction to Loch Lomond Road (which is now zoned for multiple dwellings) be re -zoned for one - Council this evening by this "goodly company of Loyalists" he took great pleasure in moving the following �pij% �d 07 , ind two - family houses because when the great majority of the original residents of Michael Crescent and motion. Councillor Hodges expressed his pleasure to second the said motion. • Street purchased their homes from Mr. Harold McNamara, the developer of the sub - division, they were On motion of Deputy Mayor Higgins 4,9r a 1/sf Seconded by Councillor Hodges 7 RESOLVED that this Common Council issue a proclamation that the days of 24th July to 28th inclusive be known as "Loyalist Days ": ..Days AND FURTHER that this proclamation shall be made in the form and style consistent with the wording, and phraseology used in the 1780's, as follows:- I "His Worship, the Mayor, and members of Common Council of the City of Saint John, New Brunswick. To all to whom these presents shall come or whom the same in any way concern, Greetings. �/'''S�� WHEREAS our Loyalist Day Committee, on behalf of our citizens, have caused to appear before us a "Goodly ,-(, "ew �- Company of Loyalists" under the leadership of His Excellency, Thomas Carleton, first Governor of /JOB/ C' New Brunswick, and His Worship, Gabriel Ludlow, the first Mayor of the City of Saint John; AND WHEREAS these august personages from our past have assured us that the citizens of our good City have diligently pursued their trades, talents and toils with vigour and stamina during the past twelve months, and find them richly deserving of a holiday from their labours; AND FURTHER having reminded us of the rich heritage handed down to us by the Loyalist Founding Fathers of our City: KNOW YE THAT WE, the City of Saint John, in Common Council, by virtue of the rights and powers • in us vested, do hereby create, constitute and proclaim that those days falling in the latter week of the onth of July designated the 24th to 28th inclusive shall be known as "Loyalist Days ", and the same shall e celebrated throughout the length and breadth of our municipality: AND FURTHER that the keeping of,the City of Saint John be entrusted in the hands of His Excellency, vernor Thomas Carleton and His Worship, Gabriel Ludlow, for the celebration of these Loyalist Days. Given under our hand, and the Great Seal of the City of Saint John, this 22nd day of July, in lie year of our Lord 1974." The delegation of Loyalists retired from the Council Chamber this ' at time. Consideration was given to a petition which was received from a large group of residents of Re6r-./-/',p"� M4ichael Crescent, Bonita Avenue and Cindy Lee Street in Silver Falls Park. Mr. Robert Merzetti, spokesman or this group, advised that they request that the area of Michael Crescent, situate on the western side f Silver Falls Park and extending from the southern border of Saint Joseph's Cemetery and running in a LIB�J S•� outherly direction to Loch Lomond Road (which is now zoned for multiple dwellings) be re -zoned for one - �pij% �d 07 , ind two - family houses because when the great majority of the original residents of Michael Crescent and 550.3onita Street purchased their homes from Mr. Harold McNamara, the developer of the sub - division, they were , ssured by Mr. McNamara that that portion of the sub - division was zoned for one- and two - family dwellings that he nly, and was building a total of 350 such homes in the said sub - division of Silver Falls Park. e petition states that these residents.are advised that Mr. McNamara recently sold the above described rea of Silver Falls Park to two construction groups who plan on erecting town houses and walk -up apart - �J�— ents in that portion of Michael Crescent, and that these residents request the support of the Common ✓' ouncil in their request for the proposed re- zoning for one- and two - family use of the said area. Mr. erzetti advised that the main the to is point petitioners wish make that these people were led to believe here would be 350 one- and two - family homes, before they purchased any of these homes, to preclude this great influx of population in this particular area and cars travelling the streets which would endanger he small children who live there. . Councillor Pye, who is a resident of the same area of the sub - division, spoke in support of the equest made by the petitioners. I r 1 167 y�j�% oBy Mr. Zides was asked to explain the zoning status of the sub - division. He stated that the area in question is divided into two, with the existing developer area zoned for one- and two - family dwellings, and •IX �p)L�S �¢' the area it is now proposed to do some building is zoned for "RM -1" Multiple Residential classification which would allow up to three- storey multiple dwellings, which is called light intensity population. He stated that the developer in question is talking about starting with a couple of small projects: 6 attached houses and each of these would be sold to an individual, the developer says. Mr. Zides added that the zoning for the whole pro- ject was done before there was any building there, at all, so he believes. On motion of Councillor M. Vincent /7 C —2O0/p3' Seconded by Councillor A. Vincent RESOLVED that the above named petition be referred to staff for a full report at the next meeting of Council. Councillor MacGowan asked that the above requested report include the following information for Council: - when the Silver Falls Park sub - division was commenced; when zoning took place for this sub - division; how many one- and two - family homes are in that area now. She suggested that if it is found that the area was zoned before the self- contained homes were built there, that in future the procedure be followed that each purchaser in a sub- division be provided with a map showing the zoning in the area in effect at the time of purchasing his property, for the information and protection of such purchaser. Mr. David H. Russell, Barrister, was present on behalf of his clients, Mr. and Mrs. Theodore Titus, who own and operate the Titus Bake Shop at 15 Prince Edward Street. Mr. and Mrs. Titus were also present. Mr. Russell submitted a brief outlining the problem of flooding experienced at this location this winter which problem /Y was never experienced by his clients during the period of approximately twenty -three years they have operated a ;FMAS� // bakery at this location, in either the old premises or at the new premises they rebuilt at this same location some eight and one -half years ago. The brief notes that during the summer of 1973 the City rebuilt portions of Carmarthen and Prince Edward Streets and Union Street, and Mr. Russell stated that his clients contend that it is .yy this rebuilding which has caused the flooding to occur and that, in all probability, it will recur at least once /07 �dwve every year in the future. He stated that the bakery now appears to be at a lower level than the street level so 7rZkrs,eaf that the street and catch basins for a time cannot cope with the run -off of water with the result that the bakery • 1Z,Y is flooded until the water can run off. Mr. Russell pointed out that in the summer of 1973 after the street rebuilding, Mr. Titus wrote to the Mayorr calling his attention to this situation and stating that in all prob- ability the property would be flooded. He stated that there are city maps and plans that would indicate the difference between the previous and present levels of the street and he believes they will show that the present level of the bakery is below the level of the street, and he further believes that flooding will occur again keeping in mind the type of winters that are experienced in Saint John. The brief requests that the Council authorize the necessary expenditures and instruct the appropriate departments to rectify the situation. On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that the above named matter be referred to the Legal and Works Departments for a report to Council at its next meeting and for an estimate of cost and a recommendation from the AA Works Department as to how to rectify the problem. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the petition from residents of Victoria Lane (located off q� Kennedy Street), advising that Victoria Lane, which is a short dead -end street 26 feet in width, is situated on a hill and at the top of the hill, to the left, is a common alley way that is very narrow and constitutes a sharp pe urn to motorists wishing to turn their cars around before proceeding down the hill, and that to the right of the hill is a City -owned plot of land that has been used for many years as a turning area for vehicles; and advising 1//�� -- // that the owners of 21 Victoria Lane, which is adjacent to the said City -owned lot, have fenced off the entire 1/*_440p'/ 03 area leaving only the said common alley way for vehicle turning which is narrow, inadequate and hazardous; and /�� e cqg requesting that the owners of 21 Victoria Lane not be allowed to buy the said lot of land, if it is their desire, /C'6C and that they be asked to remove the fence immediately, and also requesting that the area again be made available - .apojp!f as a turning area for vehicles -- be referred to the Land Committee for a recommendation. • /a�� On motion The meeting adjourned. Common Clerk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty -ninth day of July, A. D. 1974, at 4.00 o'clock p.m. Present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Hodges, Kipping, MacGowan, Parfitt and Pye - and - Messrs. R. Park, Acting City Manager, F. Rodgers, City Solicitor, J. C. MacKinnon, Assistant Director of Works - Operations, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, E. Ferguson, Chief of • Police, D. French, Director of Personnel and Training, A. Ellis, Building Inspector, and F. Grass, Information Officer The Reverend James Fraser, minister of St. Andrew and St. David United Church of Canada, offered a which opened the meeting. 168 On motion of Councillor Gould Seconded by Councillor Davis • RESOLVED that minutes of the meetings of Common Council, held on 15th and 22nd last, be confirmed. /�.� The Mayor advised that he had the pleasure last week of attending, in concert with many citizens, (a) Phase I, Little River Bridge No. 1 (Widening) "/���" Yvl" the electric generating plant in Ontario which is run by atomic energy and that he was very impressed with /iae lec3'�10 that plant, and that strict safety precautions are observed at the plant, in accordance with the rules and Total work done eP7eP%?-kl' Pyf regulations of the Ontario government which allow the plant to receive 100 units per year per individual; however, because the factor the is the ' 35,624.25 1 'f safety at plant so great, plant only receives .5 unit per year per Sum recommended for payment, Estimate Number 5, for June 1974 .St�7't/ Olry individual, which comprises a total of all factors, such as voluminous wash which is .1. The Mayor stated Contractor: Callaghan Contracting Limited that the plant presents no problem and he feels that it is so safe that he would receive one in his back , $247,404.00 yard. He advised that he has a number of precis and other information pertinent to this type of plant and 83,709.67 Retention 15% that it is available for perusal by members of the press and the public at any time. Payment previously approved 44,767.29 Councillor Green entered the meeting during the aforegoing information period. $ 26,385.93 • On motion of Councillor MacGowan �s ` i, Yy Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the Acting , Tenent9e City Manager, who advises that Mr. Terence Lockhart is developing approximately five acres of land in Acamac, known d(an� as the Dalton Subdivision, off the south side of the Westfield Road (Highway 102) about 200 hope feet west from the Backland Road intersection - and that the lots are on septic tanks and private wells - f'� Mr. Lockhart be required to provide a $2,000.00 certified cheque or bond in order to guarantee the proper -�160 d completion of the road work, and that the Mayor and Common Clerk be authorized to execute on behalf of the City the sub- division agreement, in due course. n L J d�i� On motion of Councillor MacGowan g/ Seconded by Councillor Hodges RESOLVED that as recommended by the Acting City Manager, authority • 9 hJ be granted for payment of the invoice from Chitticks (1962) Ltd. in the amount of $3,342.00, dated June 28, C410i -eks 60 1974, for the supply of equipment rented to the Works Department during the period June 16 to 31, 1974. .44a. On motion of Councillor Gould ,�Fquip/r/Pat •D. f/a•�ie /d .Cop�r / / /elar.� sir d��cs G'nww/ 0ex-4er Lave A�e. ,�ycsid� .?lIs f�i'ec9ohs�inr ,� el" Seconded by Councillor Hodges RESOLVED that as per the recommendation of the Acting City Manager, approval be given for payment of the invoice from Stephen Construction Company Limited, dated July 16, 974, in the amount of $21,775.99, for the supply of asphalt to the Works Department during the period July 2 to 15, 1974• . On motion of Councillor Cave Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Acting ty Manager, approval be given for payment of the following invoices for equipment rental:- Hatfield, Ltd. - to the Water Dept - to the Works Dept On motion of Councillor Cave dated July 8, 1974 $ 3,498.75 dated July 8, 1974 $16,243.06 Seconded by Councillor MacGowan RESOLVED that as recommended by the Acting City Manager, authority granted for payment of the invoice from Francis Hankin & Co. Ltd., dated June 30, 1974, in the amount $2,220.00, for the installationof air valves in the Lorneville Industrial Western Water Supply System. On motion of Councillor Cave Seconded by Councillor Pye RESOLVED that the recommendation of the Acting City Manager be adopted payment of the invoice from Dexter Construction Ltd., dated July 12, 1974, in the amount of $13,510.41 crushing gravel during the period May 1 to July 30, 1974• On motion of Councillor Cave • Seconded by Councillor Pye ' RESOLVED that in accordance with the recommendation of the Acting City approval be given for payment of the following construction progress certificates and approved s for engineering services in connection with projects that have been undertaken under the De- t of Regional Economic Expansion programme:- Bayside Drive Reconstruction and Extension (a) Phase I, Little River Bridge No. 1 (Widening) Contractor: Atlas Construction Maritimes Limited Total value of contract $238,255.70 Total work done 237,495.00 Retention 15% ' 35,624.25 Payments previously approved 168,073.30 - Sum recommended for payment, Estimate Number 5, for June 1974 $ 33,797.45 (b) Phase II Bayside Drive Railway Overpass Contractor: Callaghan Contracting Limited Total value of contract $247,404.00 Total work done 83,709.67 Retention 15% 12,556.45 Payment previously approved 44,767.29 Sum recommended for payment, Estimate Number 4, for June 1974 $ 26,385.93 • (c) Goodyear Paving Limited Construction of Western Approaches Total estimated value of contract r $1,285.044.50 Total work done, Estimate Number 1 120,168.01 Retention 18,025.20 Payments previously approved Stun recommended for payment, Estimate Number 1 $102,142.81 /. 7�a iWv �D �- $ Hazen Creek Sewerage Treatment Plant (c) Province of New Brunswick Department of Highway Godfrey Associates Limited Engineering Services Payments previously approved Engineering Services and Supply of Material • - De+-� /- Payments previously approved 26o.50 $ 35,497.43 4• dJ/�7�s Sums recommended for payment: Invoices Numbers 03141 78.54 Engineering Services 03202 2,074.72 $109,581.18 Sum recommended for payment, Estimate Number 5252, 03208 472.00 June 28, 1974 $ 417.56 5• McAllister Industrial Park External Services 03213 27.63 Supply and Install 30 -inch Sanitary Sewer Tara+. 03238 2,240.00 463r,�- Total value of contract $145,560.00 03221 1,490.20 140,799.50 �-O Retention 21,119.92 03232 626.94 Payments previously approved 93,806.00 Sum recommended for payment, Certificate Number 3, 03255 1,255.24 June 30, 1974 $ 25,873.58 ��- 6. 03272 174.48 Supply and Install 36 -inch Sanitary Sewer 03281 575.40 Total work done, Estimate Number 7 $317,798.79 03282 450.57 Retention 47,669.81 Payments previously approved 03301 108.00 Sum recommended for payment, Certificate Number 7, Total Payment Recommended June 30, 1974 9,573.72 Casesep 2. Courtenay Bay Causeway Approaches W. H. Crandall & Associates �eSP/�P (a) Construction of Eastern.Approaches /may Payment previously approved $ 57,291.87 iy.LPE��.9— Goodyear Paving Limited d wV'C L eA06�aB0 $ 4,009.03 Total estimated value of contract On motion of Councillor Kipping $671,856.00 �t"Af `, Total work done, Estimate Number 2 186,681.13 JJ Retention 28,002.17 Payments previously approved 60,959.18 Sum recommended for payment, Estimate Number 2, June 30, 1974 $ 97,719.78 (b) Goodyear Paving Limited Construction of Western Approaches Total estimated value of contract $1,285,044.50 Total work done, Estimate Number 2 251,619.91 • Retention 15% Payments previously approved 37,742.99 102,142.81 Sum recommended for payment, Estimate Number 2 $111,734.11 (c) Goodyear Paving Limited Construction of Western Approaches Total estimated value of contract r $1,285.044.50 Total work done, Estimate Number 1 120,168.01 Retention 18,025.20 Payments previously approved Stun recommended for payment, Estimate Number 1 $102,142.81 /. 3. Hazen Creek Sewerage Treatment Plant *Z)/ Godfrey Associates Limited Engineering Services Payments previously approved 13,497.44 Sum recommended for payment, Certificate Number 24, June 28, 1974n.$r� 26o.50 ®6'�l�'i�%' 4• Lorneville Western Industrial Water Supply Godfrey Associates Limited Engineering Services Payment previously approved $109,581.18 Sum recommended for payment, Estimate Number 5252, June 28, 1974 $ 417.56 5• McAllister Industrial Park External Services Supply and Install 30 -inch Sanitary Sewer Tara+. Gerald J. Ryan Company Limited 463r,�- Total value of contract $145,560.00 Total work done, Estimate Number 3 140,799.50 �-O Retention 21,119.92 Payments previously approved 93,806.00 Sum recommended for payment, Certificate Number 3, June 30, 1974 $ 25,873.58 ��- 6. Western Area Collector Sewer Supply and Install 36 -inch Sanitary Sewer Gaspe Construction Limited Total work done, Estimate Number 7 $317,798.79 Retention 47,669.81 Payments previously approved 230,130.18 Sum recommended for payment, Certificate Number 7, June 30, 1974 $ 39,998.80 7. Western Industrial Area Trunk Sewer Phase I and II W. H. Crandall & Associates �eSP/�P Engineering Services /may Payment previously approved $ 57,291.87 iy.LPE��.9— Sum recommended for payment, Invoice Number 3372, d wV'C July 9, 1974 $ 4,009.03 On motion of Councillor Kipping I�6�rraS 0. Z-- .416e. 161 Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the Acting ty Manager,.the following construction progress certificate be paid on the following contract for a project cluded in the capital budget:- Community Arenas A.D.I. Limited Engineering Services for design of three arenas Payments previously approved $ 3,272.70 Sum recommended for payment, Estimate Number 1, June 28, 1974 $ 44,850.00 170 �// yl /C '�y *Or. f�y /side .Sisk• d; a9r�eamsnt ad 017 7e . , A i h Se&,4 di ei b. em " a!&Va /ari-a'' LeL .5Y►nd6 d/e verve 7^ se/ Wape'I 7ep^ 4/� ��! /Oly77b7�% obj Tibders �1S�c6 Ali a/�. aA Tom% �vDY�P3 " Tende ted � 306 �ri/acesrS�c �% eiyg6� ti Ohl Of 6:2 Xiede. On motion of Councillor Pye Seconded by Councillor Green RESOLVED that the letter from the Acting City Manager, advising that Blair Construction Ltd. is extending the Hillside Sub - division in the area bounded by Golden Grove Road, Wildwood Street and Parkhill Drive and the developer's servicing plans have met with the approval of the Works Department, and recommending that the following expenditures for water and sewer materials, for which the City will be responsible, to be charged to the 1974 capital budget, be approved; that the Mayor and Common Clerk be authorized to execute the sub - division agreement in due course; that the sub- division agreement not be executed until the developer has corrected deficiencies and /or completed the previous phases of this sub - division -- be received and filed and the recommendations adopted, the said expenditures for water and sewer materials being: - 1. Water materials, (watermains, gates, chambers, fire hydrants, etc.) $ 13,850.00 2. Sanitary sewer materials, (pipe, manholes, etc.) 6,900.00 3• Storm sewer materials, (pipe, manholes, catch basins, etc.) 12,000.00 Approximate total cost $ 32,750.00 Brief discussion ensued regarding the fact that the above named developer still has deficiencies correct or to complete in the previous phases of the said Hillside Sub - division, and the question of uring that the City does not enter into the proposed sub - division agreement until these deficiencies completed or corrected. On motion of Councillor MacGowan Seconded by Councillor Davis RESOLVED that the above matter be laid on the table to give Blair ion Ltd. an opportunity to correct deficiencies and /or complete the previous phases of the Sub - division. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that the letter from the Acting City Manager, advising that tender only was received, from Marine Industrial and Technical Sales Co. Ltd. of Saint John, N. B., the amount of $17,611.95 for supplying a standby diesel generator set for the Latimer Lake chlorine ,nt, and $1,750.00 for completing installation, and that this tender is in accordance with the specifi- ions, and recommending that the said tender be accepted, funds having been provided for this purpose the capital budget - -be received and filed and the recommendation adopted. On motion of Councillor Cave Seconded by Councillor Green RESOLVED that as recommended by Works Department Assistant Engineer, E. Griffin, P. Eng., and concurred in by the Acting City Manager, authority be granted for payment of e bill from Traders Realty Ltd. for fifty per cent of the Woodlawn Park Sub - division storm sewer system the amount of $14,660.79, this charge having been checked and found to be in accordance with Clause 4, ction B of the Sub- division Agreement, dated May 23rd, 1968. On motion of Councillor Parfitt Seconded by Councillor MacGowan RESOLVED that the letter from the Building Inspector, advising hat the only tenders received for the demolition of 306 Princess Street, 18 Brinley Street and 185 iverview Drive, were submitted by Chitticks (1962) Ltd. in the amounts of $2,800.00, $3,100.00 and 3,600.00, respectively, and recommending that the said tenders be accepted, be received and filed and he recommendation adopted. Discussion took place on the question of whether or not this demolition work could be done by ity forces at a more reasonable price, as various Council members expressed the view that the tender rites were high and it may be questionable as to whether the City could recover demolition costs from he property owners. It was noted that 185 Riverview Drive was recently purchased by the City, and that he City owns the freehold of the lot at 306 Princess Street, while the property at 18 Brinley Street is reehold, and is vested in the property owner. Question being taken, the motion was lost, a tie vote having been created with the Mayor and cillors Davis, Parfitt, Gould and Hodges voting "yea" and Councillors Kipping, MacGowan, Pye, Green Cave voting "nay ". On motion of Councillor Kipping Seconded by Councillor Green RESOLVED that the owners of 306 Princess Street and 18 Brinley treet be required to demolish or to have these buildings demolished within ten days of being notified by egistered mail to do so. , An amendment to the motion, proposed by Councillor Cave, that the City forces be instructed to molish the buildings, forthwith, was not seconded. Councillor MacGowan proposed an amendment to the tion, which was not seconded, that we send out the registered letter to the owners of 18 Brinley Street A 306 Princess Street and that the City staff be asked to prepare an estimate of what it would cost to molish the City -owned property at 185 Riverview Drive, and if the City forces can do the work more teaply than the prices submitted by tender that they proceed to do it; if they cannot do it more cheaply then the contracts be let for these demolitions. Question being taken, the motion was lost, a tie vote having been created with the Mayor and cillors Davis, Pye, Green and Kipping voting "yea" and Councillors MacGowan, Gould, Hodges, Parfitt Cave voting "nay ". On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the letter from the Building Inspector, advising hat the only tenders received for the demolition of 306 Princess Street, 18 Brinley Street and 185 iverview Drive, were submitted by Chitticks (1962) Ltd. in the amounts of $2,800.00, $3,100.00 and 3,600.00, respectively, and recommending that the said tenders be accepted, be received and filed and he recommendation adopted. • • 0 1] 171 Question being taken, the motion was carried with the Mayor and Councillors Davis, MacGowan, Hodges, • Parfitt and Gould voting "yea" and Councillor Kipping, Cave, Green and Pye voting "nay ". On motion of Councillor Davis ®D° Seconded by Councillor Hodges RESOLVED that the City Solicitor be asked to prepare a form letter to 'nform the owner that his property has been declared dangerous or dilapidated by Common Council and that he has _eD Re -0-/ en days in which to demolish the property, and if at the end of ten days the property is not down the City may demolish the building and recover the cost -- this letter to be sent to the owner by registered mail. �6G /Ie D Councillor Cave, who recalled that the Province assured the City tht it would put this location back in e same condition it was originally, felt that the City should proceed with the restoration work and bill the at to the Province of New Brunswick. Councillor MacGowan suggested that the Planning Advisory Committee be ked for its recommendation or comments on what the Committee feels should be done at this particular location the question of restoring the property, and, in the meantime, it would be wise for the Common Council to form the Provincial Government of the Council's concern that the Province has not restored the landscaping ere to its original condition, and ask that the Province do so. Noting that there is only one house on the ction of Algonquin Place in question, she questioned that the expenditure should be made for a sidewalk there, eping in mind there are many areas in the city which do not have a sidewalk, at all. Councillor Hodges main - ined that this citizen has the right to have this street restored to pre -1969 condition, including the side- Mr. Park reminded the Council members that the reason the matter is before Council is because the Province has stated it will not do any further work than what is has already done in the restoring of this area. On motion of Councillor MacGowan Seconded by Councillor Davis RESOLVED that the matter be laid on the table for two weeks in order that he Council can determine the Provincial Government's position with regard to restoration work on Algonquin Place esired by Mr. Griffin. Councillor MacGowan indicated that she would volunteer to approach the Provincial Government in the regard. Question being taken, the motion to table was lost with Councillors MacGowan, Davis, Kipping and Parfitt "yea" and Councillors Hodges, Gould, Cave, Green, Pye and the Mayor voting "nay ". Question being taken, the motion was carried with Councillors Kipping, MacGowan, Davis and Parfitt ting "nay ". On motion of Councillor Gould 1. Seconded by Councillor Cave RESOLVED that the report from the Recreation and Parks Department covering period from April 1st to June 30th last, be received and filed. Councillor Kipping noted that the above report states that the maintenance programme at Tucker Park is T e,&sp r� ifficult due to the amount of vandalism in the area. He advised that the vandalism situation there is very bad, nd added to that is the problem of noise pollution for the residents of the area that is caused by persons who nter the Park and who create this disturbance into the sma11 hours of the morning; further, because of these ® trespassers, the natural environment and beauty of the Park is being ruined. He suggested that the City staff take measures to see that Tucker Park access road is very securely closed at the end of the day after the swimming Lifeguards leave. Councillor MacGowan drew attention to the fact that the size of the work force has remained the same in he Recreation and Parks Department to handle the maintenance programme the workload of which has increased, and he felt that the staff should be commended for the job it is doing in this regard. II ' On motion of Councillor Cave ' Seconded by Councillor Green RESOLVED that the letter from the City Manager, dated July 12th, 1974, regarding the request made by Mr. Ernest Griffin of 380 Algonquin Place, Saint John West, that this street be reinstated to a standard similar to what existed in 1969 prior to construction of the throughway in this area, advising that in order to restore the curb and sidewalk and to complete the paving of the street in front of Mr. /�ql ®GI�Sb %/9 Griffin's property an expenditure of $1,300.00 would be necessary - to restore this street to a condition similar to that existing prior to 1969 - be received and filed and the said work be proceeded with at the said estimated cost of $1,300.00. T6i��sSa� Councillor Kipping questioned that Mr. Griffin's request for sidewalk and curbing be acceded to, but agreed with his general contention that something needs to be done on the street to restore it to somewhere near the standard it was, before. He stated that he viewed this area and noted that the Provincial Government de- partment concerned has left this area in a condition that requires landscaping due to the fact that waste material has been dumped there and nothing is growing on this gravel material except weeds, whereas the view from the Griffin home prior to the throughway construction work was much better on to this area in frnt of this residence. He noted that the paved surface of this street has now stood up through two winters and it would appear that it is going to last, although Mr. Griffin asks that the street be paved. He stated that Mr. Griffin has spent quite a bit of his own money in trying to connect to the new level of the road, and he feels that the City should perhaps take on the responsibility of bringing the road level up to the level of Mr. Griffin's driveway because these levels have changed, if the City can convince the Province that the Province has not really done the rehabili @.tionujob in this particular area that it was supposed to'have done. Councillor Kipping expressed the opinion that the Province did not do a complete job of rehabilitation of the property. He noted that this street needs to be marked to designate it as part of Algonquin Place and to facilitate the directing of persons to the Griffin residence on that street, and that because people are having problems in finding this house the Griffins are having a turn -over of tenants. Councillor Kipping made the suggestion that this section of the street could be renamed "Algonquin Place North" or something applicable. He noted that there is another resident of the former Algonquin Place, on the other side, who is now on Riverview Drive, and this resident must be experiencing the same problem. Councillor Kipping stated that although this is a public street section that is left over, Mr. Griffin has what amounts to a private driveway and he does not feel that it is necessary to provide a sidewalk for him, and Mr. Griffin could use a portion of the said driveway as a sidewalk; Mr. Griffin has a problem with levels because he has built a sidewalk out from his front door but he has nothing to connect this sidewalk to, so he does have a problem, and it was Councillor Kipping's view that the City may be able, or the Province, to come up to the level of Mr. Griffin's sidewalk - that would be all that would be required, in Councillor Kipping's view, and it certainly would not cost $1,300.00 to do this; he feels it would cost a lot less than that amount. �6G /Ie D Councillor Cave, who recalled that the Province assured the City tht it would put this location back in e same condition it was originally, felt that the City should proceed with the restoration work and bill the at to the Province of New Brunswick. Councillor MacGowan suggested that the Planning Advisory Committee be ked for its recommendation or comments on what the Committee feels should be done at this particular location the question of restoring the property, and, in the meantime, it would be wise for the Common Council to form the Provincial Government of the Council's concern that the Province has not restored the landscaping ere to its original condition, and ask that the Province do so. Noting that there is only one house on the ction of Algonquin Place in question, she questioned that the expenditure should be made for a sidewalk there, eping in mind there are many areas in the city which do not have a sidewalk, at all. Councillor Hodges main - ined that this citizen has the right to have this street restored to pre -1969 condition, including the side- Mr. Park reminded the Council members that the reason the matter is before Council is because the Province has stated it will not do any further work than what is has already done in the restoring of this area. On motion of Councillor MacGowan Seconded by Councillor Davis RESOLVED that the matter be laid on the table for two weeks in order that he Council can determine the Provincial Government's position with regard to restoration work on Algonquin Place esired by Mr. Griffin. Councillor MacGowan indicated that she would volunteer to approach the Provincial Government in the regard. Question being taken, the motion to table was lost with Councillors MacGowan, Davis, Kipping and Parfitt "yea" and Councillors Hodges, Gould, Cave, Green, Pye and the Mayor voting "nay ". Question being taken, the motion was carried with Councillors Kipping, MacGowan, Davis and Parfitt ting "nay ". On motion of Councillor Gould 1. Seconded by Councillor Cave RESOLVED that the report from the Recreation and Parks Department covering period from April 1st to June 30th last, be received and filed. Councillor Kipping noted that the above report states that the maintenance programme at Tucker Park is T e,&sp r� ifficult due to the amount of vandalism in the area. He advised that the vandalism situation there is very bad, nd added to that is the problem of noise pollution for the residents of the area that is caused by persons who nter the Park and who create this disturbance into the sma11 hours of the morning; further, because of these ® trespassers, the natural environment and beauty of the Park is being ruined. He suggested that the City staff take measures to see that Tucker Park access road is very securely closed at the end of the day after the swimming Lifeguards leave. Councillor MacGowan drew attention to the fact that the size of the work force has remained the same in he Recreation and Parks Department to handle the maintenance programme the workload of which has increased, and he felt that the staff should be commended for the job it is doing in this regard. II ' 17Y �� /Otitis �tf. SbxlaPef c %ah- in-f -4// A41eG° ffJtJ —/Wa�z e"- f-oveMent gp7de/ / a," 5AWA rpwpn i6meeksv- &e." ""U. Y.S Ca�rp�Fs X�oAzf- �Ye ZIz %Ye- z4Pa1 . 079 i9, e os�?i:nwab.# - �/iep gr- S'ao, s 576 -eet clasiAR 11z1Y7A., VO - 54A.eet c %si< �qP7=,?med 014e/�C/r f'J % ezeG^ Am On motion of Councillor Green Seconded by Councillor Gould • RESOLVED that the following reports be received and filed, namely: - Street Division of the Works Department for May and June; Water and Sewerage Division of the Works De- partment for June; Building and Plumbing Divisions of Technical and Inspection Services for June. Councillor MacGowan noted that theabove report states that the budget of $360,000.00 for Summer Street Cleaning is made up of various items with eighty per cent of it going to salaries and wages. She felt that the street cleaning crews are doing an excellent job, but that this operation could be cut in half if the Litter By -Law were enforced, and if the streets were not subject to litter from trucks trans- porting gravel (she feels this would not happen if care were taken in loading these trucks), or from gravel that is washed on to streets from driveways (she feels that this problem would be solved by requiring the property owner to have asphalt aprons of 6 or 8 feet on the driveways in from the street, to stop the gravel from reaching the streets). Councillor MacGowan expressed gratification that the street sweeping and maintenance of the grounds at the Reversing Falls tourist bureau is excellent. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that the Financial Statements for June be received and ' filed. Councillor Green asked for an explanation of the figures of $22,281.00 and $17,500.00 under "Lumber Sales" that are recorded in the June statement of Cash Receipts. Mr. Park replied that he will provide this information. On motion of Councillor Kipping Seconded by Councillor Davis RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land 200 • feet by 200 feet on the north side of Ashburn Lake Road located 230 feet from the intersection with Drury Cove Road, be read a third time and enacted and the Corporate Common Seal affixed thereto. It was noted that no objections had been received to the above named re- zoning. The by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Res - pecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section'186A of the Municipalities Act and Amendments Thereto" with respect to the closing of that portion of Hilyard Street commencing at the intersection with Harrison Street and running in a westerly direction a distance of approximately 450 feet the entire width of the street, namely, 50 feet, be read a third time and enacted and the Corporate Common Seal affixed thereto. No objections were received to the above noted closure of street. 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 Made Under the Authority of Section 186A of the Municipalities Act and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Gould Seconded by Councillor Hodges 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 Made Under the Authority of ection 186A of the Municipalities Act and Amendments Thereto" with respect to the closing of the following portion of an unnamed street which is 66 feet in width and which runs southerly from its intersection with the Old Black River Road: "Beginning at a point on the southerly sideline of Old Black River Road, said point being distant two thousand, nine hundred and seventy, plus or minus (2,970 +) feet from the point of intersection of the above mentioned southerly sideline of Old Black River Road and the southerly sideline of Grandview Avenue, said point being more particularly described as New Brunswick Grid Co- Ordinates (N. 552914.47 E. 1,127,464.71); thence from said point south sixty degrees, forty -six minutes west (S. 60° 46' W.) along the northern sideline of a proposed street a distance of four hundred and forty, plus or minus, (44o+)-feet; thence south twenty -nine degrees fourteen minutes east (S. 29° 14' E.) and at right angles, a distance of sixty -six (66) feet to the southerly sideline of the proposed street; thence north sixty degrees forty -six minutes east (N. 60° 46' E.) along the southerly sideline of the aforementioned street a distance of five hundred and forty, plus or minus, (540 +) feet, where it inter- sects the southerly sideline of the Old Black River Road; thence in a westerly direction along the southerly sideline of the Old Black River Road to the place of beginning. ", be read a third time and enacted and the Corporate Common Seal affixed thereto. It was noted that no objections had been received regarding the above closure of street. The by -law entitled "A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of ays in The City of Saint John Made Under the Authority of Section 186A of the Municipalities Act and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Cave Seconded by Councillor Pye RESOLVED that the letter from the Municipal Planning Director with �G / eo ,f regard to the proposed closing of McLeod Street from its intersection with St. Anne Street and running in �^1 n LC. an easterly direction its entire length and width, and the objection to the said closing registered on cJF O'eet behalf of his clients by Mr. A. J. Debly, Barrister, advising that.this street closing was requested by /psi y, the solicitors for Manford M. Thompson Construction Company Ltd. which company is developing a project through Woodside Park Ltd. on adjoining lands for town houses, and that this land, because of a limited depth, can best be serviced by an internal system of private driveways rather than the usualwider n LJ • Iveleb,d'o5 • m lorl ; • • u ter__ 6?n""e- d -Ono C06d.107011l 4 enr ® PF pea/esA.YA ayew.prleo. V- sir Aes A''/ Y..P 173 public streets and that the closing out of a portion of McLeod Street and the use of all or a part of it as a private street component of the housing development would require no City involvement for the water and sewer pipes in its bed or for the maintenance of these and the private street because, under City policy, developers bear the entire costs of developing and maintaining service roads, et cetera, entirely within their project area; and further advising that at the time of application, Mr. Manford Thompson, president of Woodside Park Ltd., advised that he had contacted the owners of the properties on either side of McLeod Street at its inter- section with the easterly side of St. Anne Street with respect to the proposed closing and the owners of the said properties allegedly had no objection to the closing at that time, but would enquire as to the possibility of obtaining a deed to the portion of McLeod Street when closed on the assumption that the private street to be developed in this area by Woodside Park Ltd. would not be required to be of a 60 -foot width but rather of a width of 50 feet - the purpose of this request would be to provide additional parking area for the adjacent owners; and further advising that it is understood that the Land Committee will be recommending the sale of the portion of street to Manford Thompson Construction Co. Ltd. on condition that the company make adequate provision for access to the properties on either side of McLeod Street at its intersection with the easterly side of St. Anne .Street ;,.anaz�stabingAthat it would be to the City's advantage to close out the portion of McLeod Street but this should in no way take from the rights or benefits now accruing to the adjacent properties -- be received and filed and Mr. Thompson be asked to meet with Messrs. Logan to resolve their differences in this matter, and to come back to Common Council with an agreement. On motion of Councillor Cave Seconded by Councillor Davis a RESOLVED that the letter from the City Solicitor with reference to the request made to Common Council on July 2nd last by the Trustee Board of the Wesleyan Burial Ground that the City of Saint John make a grant of $5,000.00 to aid in the 1974 restoration work in the said cemetery, advising that he has examined this request as well as his general letter to Council of April 8th last, and it is his opinion that money requested by this organization will not be directed towards the interests of the citizens generally, and that if the Council wishes to make a donation and does so in good faith such action would, he believes, leave the Council open to other and probably many such requests which it might find embarrassing to refuse -- and noting that the letter from the Trustee Board makes mention of the fact that the endowment of the said Burial Ground is presently $6,500.00 which is apparently a sum of money the Board does not wish reduced -- be received and filed and no action taken with respect to the said request for a grant. Councillor MacGowan voted "nay" to the above motion, stating she so voted because she would like to see something done, although she does not know what action it would be. On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that the letter from the City Solicitor, advising that the Executive - Secretary of the Provincial - Municipal Council has sent to all municipalities in New Brunswick a circular requesting the view of the elected representatives regarding Section 188 of the Municipalities Act which pro- vides for the attachment of a lien on real estate when water and sewer fees are not paid, and that after studying the points and examining the said statute, it is his opinion that the Common Council ought to favour the double security concept; advising that in particular with respect to Point 4 of the said circular, while there may be nothing in the Section of the Act allowing the landlord to be subrogated to the right of the municipality in its claim for the unclaimed fees, there is no reason why the landlord should not protect himself by way of a covenant in his lease, and that it is the City Solicitor's opinion that the Act respecting this matter not be changed and that anything else would be a weakening of the present position of a municipality -- be received and filed and the Provincial- Municipal Council be advised that the Common Council concurs in the said views of the City Solicitor On motion of Councillor Cave Seconded by Councillor Davis RESOLVED that approval be given to the hiring of two solicitors for the staff of the Legal Department for a probationary period of six months commencing July 15th, 1974, at an annual salary of $10,000.00 each. On motion of Councillor Davis Seconded by Councillor Green RESOLVED that the letter from the Redevelopment Officer, advising that the Co- ordinating Committee for the Partnership recommend the sale to the Mainbrace Naval Veterans' Club of a small lot of land at the intersection of Main and Metcalf Streets, having an area of approximately 3,197 square feet, as shown on the submitted plan, for the sum of $5,050.00, and also advising that the Club wishes to carry out renovations and site improvements and that the plans include landscaping for the site and that the said Committee has reviewed these plans and has found them acceptable -- be received and filed and the recommendation adopted, and the Mayor and Common Clerk be authorized to execute on behalf of the City of Saint John a deed for the transfer of this parcel of land. Commenting that this is a valuable piece of property, Councillor MacGowan suggested that the City should retain this corner land in the event it is needed for future street widening purposes, and that the City should itself do the landscaping of this land. Moved in amendment by Councillor MacGowan Seconded by Councillor Kipping RESOLVED that if the City sells the above named property, in the event the purchaser wishes to sell it the City would have the opportunity to buy the property back at the same price. During the course of discussion, Mr. Buck advised that a leasing arrangement had been broached to the Club members with the Club improving the landscaping, but the members made it known that they wish to purchase the land which is at the rear of the existing building, and which involves a pedestrian access along the side of the building, on the eastern side, leading from Main Street to the paved driveway and the said land at the rear. On motion of Councillor Hodges Seconded by Councillor MacGowan RESOLVED that the above matter be laid on the table for further study. Question being taken, the motion to table was carried with Councillor Davis voting "nay ". On motion of Councillor Cave Seconded by Councillor Green RESOLVED that the letter from Mr. J. B. Elliot, General Manager of Shamrock ✓ °���� "`°� �7 ealty Ltd. advising that the exterior painting and landscaping of Phase I, Part I, of the Highmeadow Park ` ��/° development is substantially completed, be received and filed: �#P­ Nason & Collier, Barristers, advising that the firm's client, H. C. McNamara Construction Co. Ltd. has • 69. ,o' � �31� e ,v/oO•� AND FURTHER that in accordance with the recommendation of the Planning Advisory Committee, the /s' Council vary Common Council resolution of June 25th, 1973 which relates to re- zoning for Shamrock Realty Ltd. /•� of the area at the northeast corner of Loch Lomond Road and McAllister Drive and extending in part to G�OhfJr'!' Si.lverstone Street, in the Highmeadow Park development, by attaching, to the layout plan of the development, the presently proposed alternate layout (namely, to reduce the number of proposed units in Part 2 of Phase p°eSO�Q2 b� /OD9 I of the development from 26 to 24, with the types and sizes of units being also changed to suit the existing site conditions - this to be accomplished by building 4 smaller groups of units to replace the previously planned 3 larger groups). /�/'D�D���p► Consideration was given to a letter from the Municipal Planning Director, dated July 25th, 1974, ' which submits information regarding the present zoning in the Silver Falls Park Sub - division area, advising ' that there are four different zones: "RM -l" one- and two - family two - storey and two- or three- storey multiple A;7p� residential, "R -2" one- and two - family residential, "I -1" light industrial and "I -R" restricted industrial, and further advising that apart from the "I -R" zone which was re -zoned from "R -2" on June 11th, 1973, the ��c°• area has been zoned in the manner shown on the submitted map since the original zoning for the sub - division �y on May 27th, 1968. The letter further advises that the sub - division is being developed by the H. C. McNamara Construction Co. Ltd. in progressive stages; four separate residential sub - division plans (which include 90 building lots - all under "R -2" zoning for either one- or two - family building) have been approved ' to date - the first was approved by the Planning Commission on October lst, 1968 and filed in the Registry Office the following day; permits for the first 4 buildings were taken out on November 7th, 1968 - so far, ' there have been 73 buildings erected. With regard to the present proposal, the letter states that the Planning Department is aware of only one group, represented by Mr. Robert Bustin, which is interested in building town houses in the multiple - family zoned area - this group proposes to erect two - storey attached ousing units (row or town housing) with the rows to be 6 to 12 units long -each unit and the land on which it sits would be sold to individual buyers - the required sub - division for the extension of Michael Crescent and the lots for these buildings is at a tentative stage only. The letter further states that the overall tentative plan, which has already undergone some changes in actual sub - division showed 197 lots for one and /or two dwellings, and that it would be conjecture to guess the probable number of units in the multiple - family zone as no layout, land suitability, or overall determination of building types is available. • Cpl yy� /�� ®g0 Councillor Pye advised that in addition to the petition received by Common Council on July 22nd last from persons residing at Michael Crescent in the above named housing sub - division, who are seeking to have the area of Michael Crescent described in the petition re -zoned for one- and two - family housing, and in addition to the twelve letters submitted at that meeting of Council from residents of the sub - division who do not wish to have town houses located there, he has received three further letters from individual residents who voice the same views, and the same views as the petitioners. He felt that the Common Council is morally obligated to terminate the practices that the petitioners contend have been followed by the developer in selling homes to them, as referred to in the petition and the above mentioned letters from /- residents of the sub - division, and that the developer be compelled to honour his commitment by the Council re- zoning the disputed area for one - and two - family homes. On motion of Councillor Davis �%C/1✓ei�e7/87 Seconded by Councillor Hodges AVIA/ ¢/ RESOLVED that the above mentioned letter from the Municipal Planning 0-07 P40 Director be received and filed. IV CIIc7B1 L `ws- Councillor Davis felt that in regard to the matter in question, the Council's only problem as a Crplf%xv Council is to ask the Planning Advisory Committee if the zoning that was agreed to in 1968 and 1969 is still good for the city and the neighbourhood, and any problems that the people in that community have ith Mr. McNamara should be settled between them, and the Council should not become involved. On motion of Councillor MacGowan ,v C 113 Seconded by Councillor Kipping RESOLVED that the letter from Mr. G. Christopher ` ��/° Collier of Messrs. �#P­ Nason & Collier, Barristers, advising that the firm's client, H. C. McNamara Construction Co. Ltd. has • 69. ,o' � �31� e ,v/oO•� requested the firm to make representation to Common Council in connection with the recent appearance by L residents of the Silver Falls Park Sub - division requesting a re- zoning of a part of the Sub - division as it L® is felt that much of the information is erroneous and misrepresents the facts, and requesting a hearing before the meeting of Council scheduled for August 5th next and that until such time as the company has ad the opportunity of making representation to Council that the Council withhold taking any steps with respect to the request of the homeowners for the re- zoning, be received and filed and the request granted. - On motion of Councillor Gould Seconded by Councillor Davis Cc0Ay w RESOLVED that as recommended in the letter dated May 13th, 1974 from ' he Planning Advisory Committee which accompanied a review of those areas of the City of Saint John which re currently classified as "P" park zones under the Saint John Zoning By -Law, (1) advertising be instituted A;7p� to re -zone the areas shown on fourteen re- zoning sketches (the original fifteen sketches are now reduced to fourteen as recommended in the Committee's letter of July 23rd, 1974 which deletes re- zoning sketch 74- ��c°• 2, and which changes sketch 74 -10 as explained in the said letter of July 23rd, 1974), (2) advertising be �y nstituted to amend the Municipal Plan as shown on the submitted two area sketches, and (3) the City of aint John proceed to acquire the seven areas of land listed in the Committee's May 13th, 1974 letter, to nable the Recreation and Parks Department to further develop certain park sites. ' On motion of Councillor Green Seconded by Councillor Hodges RESOLVED that the letter from the Planning Advisory Committee, with eference to the request made by T. W. Graham Ltd. that the development plan under which the company's business premises at 236 -240 Millidge Avenue was re -zoned be amended to enable the company to construct a �E(/� /O�l1lA4h7i second storey link between the new warehouse and the old warehouse as shown on the submitted architect's R."ap04W plan, advising that the re- zoning for this property was carried out pursuant to a resolution under Section �� ��b /•�� 9A of the former Community Planning Act (now Section 39 of the present Act) which means that approval of he development must be given by Common Council, and stating that the Committee recommends that the resolution• t'e5614 .47 elating to the re- zoning of this property be varied by Common Council so as to enable the said company to onstruct the said proposed second storey link, be received and filed and the recommendation adopted. On motion of Councillor Hodges • ��ljyy, Seconded by Councillor Green ��y% S•� RESOLVED that in accordance with the recommendation of the Planning Advisory Committee the Common Council assent to the Dalton Sub - division shown on the submitted plan in respect of the street which is to be called Dalton Court, and accept the sum of $1,200.00 which is to be paid in lieu of land for public purposes in this Sub - division by Mr. Terence Lockhart - the said figure being based upon the Real Estate Department appraisal of the value of the land immediately before the submission of the sub - division plan. . yp�� p/a ar /'aV vest 1'3's P09�6� Se 175 ' �7p_ i71➢ 1l01°1VW On motion of Councillor Green Seconded by Councillor Hodges RESOLVED that as per the recommendation of the Planning Advisory Committee City accept the following sums of money in lieu of land for public purposes with respect to the following - divisions:- from Emma McKee - S -29, the sum of $240.00 (this property is situated on the west side of the Red Head Road approximately 400 feet north of the Anthony's Cove Road - it is being divided into two lots, one of which contains a dwelling and is 19,900 square feet in area - the other lot is larger and is being retained by the owner) - being 8% of the value of the new or additional lots as estimated by the City's Real Estate Department; from John Baird - L -114, the sum of $280.00 (this is a lot off the Jack's Road at Lorneville; the appraised value is $3,700.00 but the Real Estate Department felt that this could be cut by $200.00 to allow for large fill quanitities) -being 8% of the value of the new or additional lots as estimated by the City's Real Estate Department; from Douglas Morrow - L -114, the sum of $352.00 (three lots are being created on the westerly side of the Point Road at Lorneville - based on the City's Real Estate Department appraisal; •4. from the Seaman Sub - division - C -101B, the sum of $1,040.00 (this is the severance �lYyaa ai of a larger portion of holdings on the south side of Boar's Head Road - the resulting new 2.8 acre lot j°ta �j -pfjy, has a 66 -foot opening on the Road and appears capable of further sub - division) - being 8% of the value of the new or additional lots as estimated by the City's Real Estate Department; 5. from Walter W. Moore - L -104, the sum of $216.00 (the original 41,817 square foot parcel in the northeast corner of the Nerepis Road and Long Road, this side of Acamac, was sub - divided 47®1we a few years ago into lots, 26,817 square feet and 15,000 square feet; it is now proposed to divide the larger lot into two lots, each with 13,375 square feet, and the resulting corner lot is already oc- cupied by a dwelling) - based on the City's Real Estate Department appraisal; Ta�19 6, from John Moran - S -36, the sum of $608.00 (two lots are being proposed on the northerly side of the Loch Lomond Road about 1,200 feet east of the Sproule Road) - based on the City's ®jyy Real Estate Department appraisal; ' On motion of Councillor Green Seconded by Councillor Pye RESOLVED that in accordance with the recommendation of the Planning Advisory y � � Committee, Common Council resolution of October 23rd, 1972 which adopted the report entitled "North End Renewal �tl Scheme Area, Physical Design Concepts" and the subsequent resolution of November 19th, 1973 (which resolutions %1��17G1 were based on planned development zoning for the area tying future buildings and site developments to the con - cepts in the report, and which were under the authority of and pursuant to Section 39 of the Community Planning 05?~qs ct) be varied with respect to Hilyard Place in the following ways: AND FURTHER that the letter from the Planning Advisory Committee advising that the Redevelopment Officer Lb1NCe.Y7e:s as advised that the developer's plans have been reviewed by the Federal and Provincial (urban renewal) partners North End Developer's Building Item Scheme Detail Plan 1j 7C° Building B (Fronting on Number of 2 buildings for office 1 building KORY: 4'7CC Main St. to the north- east of Workmen's Com- buildings and warehouse or industrial for office ,.o ould have made it easier for the voters to find the names of candidates. She also felt that the breakdown used size use - one 70' x 70' use �i'pedyy, ensation Building) approximately - the other 75' x 175' Councillor MacGowan noted that some election posters of candidates have not yet been taken down since 120' x 150' approximately oth the Federal and civic elections, and that these do not add anything to the appearance of the city. She felt hat those the /CPvae/v Building B Number of storeys .3 2 Building C (Fronting on Roof elevation 55' to 65' 74.5' Main St. next to the cold storage building) Warehouse (Under Building Height of the 30' to 40' 26.67' and extending toward section at the he back of the property) back of the ware- house and size of 62,500 square feet+ 40,000 square warehouse feet+ AND FURTHER that the letter from the Planning Advisory Committee advising that the Redevelopment Officer as advised that the developer's plans have been reviewed by the Federal and Provincial (urban renewal) partners who have found them acceptable, be received and filed. Councillor MacGowan referred to her letter to Council which draws attention to the fact that the new 1j 7C° ormat of the ballot used in the recent civic election created problems for the electors when voting, particularly p, ong older persons, and she expressed the view that the part of the ballot in black was very poorly used, that here was no need to print the occupation of the candidate on the ballot, and that if the occupation were not Vf rinted it would have left more room so that the name of the candidate could have been in larger print, and thus ,.o ould have made it easier for the voters to find the names of candidates. She also felt that the breakdown used n the ballot, of wards, was not very easy to find. She felt that now is the time for the Council to inform the �i'pedyy, rovincial Government that it does not think that this was a very suitable ballot. She expressed the hope that GO&f�t his type of ballot will not be used again. Councillor MacGowan noted that some election posters of candidates have not yet been taken down since �+ oth the Federal and civic elections, and that these do not add anything to the appearance of the city. She felt hat those the /CPvae/v who put posters up should bear the responsibility of removing them, and that the City should have J &S�6-d°S � ome policy to provide that either the candidates should have them removed or the City ask its workmen to remove hem. Councillor MacGowan proposed a motion, that was not seconded, that the matter of removal of candidates' 176 .AwAot re Civic P/d-e,41-4 /7 E'�90Na�I OT � /�cfiasi pond eivzes see eei v - �osa/ .06)(.4 ODs l7 55 Q�L'- L`ori�Dr/ re Fo ;7% joy %r%Ai /e 14.we ,Vkbl&. ✓dy%S. 6'v mm. d5d*Ca /p X-i A'*,0 Sys es/£ X ". abs2(D"de G'2/ /ODs I-eOvPe L E G A L 1110A64ersr 432T mice Co..t TD%SISD'c� /671 -°� c6D7e% posters after the holding of elections in the city be referred to staff to bring in a report on what they feel would be the best avenue of approach, and that the matter of format of ballots for civic elections be referred to the Provincial Government with notification of the Council's disapproval of the present • design of the ballot. Councillor Kipping felt that the Council should be more specific about the civic election matters,.and he noted there are other matters in connection with these elections, and perhaps with other elections, which he knows are of concern to many people - one of them is having the candidates make a deposit. On motion of Councillor Cave Seconded by Councillor Kipping ' RESOLVED that the above named matters be referred to The Cities f New Brunswick for a recommendation. On motion of Councillor Kipping Seconded by Councillor Davis RESOLVED that the following motion be adopted, namely: - "WHEREAS present waste disposal facilities in our city cannot be considered adequate or satisfactory' y modern standards; AND WHEREAS future requirements can already be estimated accurately enough to indicate that is need for some haste in planning toward a solution to this rapidly approaching problem; AND WHEREAS immediate future circumstances of land use in the Howe's Lake disposal area dictate change in present use: THEREFORE BE IT RESOLVED that staff provide this Council with a comprehensive report indicating facts of the present situation, the possibilities for recycling on a broad scale basis, precise inition of the problem or problems that face Saint John regarding waste management, and recommendations alternative solutions, priorities, and sources of senior government financial assistance; this report be presented no later than the Council's meeting of October 28th, 1974 in order that sufficient budget sideration can be given to the matter." Councillor Kipping commented that in addition to the present problems at the Howe's Lake garbage isposal site and at the Pokiok Road incinerator, the City has potential problems from the long -range tandpoint which require planned solutions now so that they do not develop into problems. He feels that he need is urgent enough for the Planning Department to dedicate staff to the task and co- ordinate with he Works and Parks Departments and any other bodies involved so that the report will reflect total cological consideration, an example of good planning and, perhaps, an opportunity for the City to demonstrate hat occasionally it does know that something is going to happen before it does; also, there is the prime act that by doing this, the City will avoid the expensive and unsatisfying alternative of treating long - erm ills with short -term measures. On motion of Councillor Green .Seconded by Councillor MacGowan RESOLVED that in accordance with the request made by the Exhibition sociation in its letter of July 19th, 1974, no permits be issued to travelling shows to operate in the ty of Saint John during the month of August next, preceding the dates of the Atlantic National Exhibition. On motion of Councillor Cave • Seconded by Councillor Hodges RESOLVED that the letter from Mr. Frank Roy of 96 City Line, Saint hn West, requesting permission to locate a mobile home on Lot D of the Donald Roy Sub - division at Red ad, which is at the end of the Red Head stretch, the first driveway on the left, owned by Mr. Donald y, back of a house owned by Mr. Lloyd Anthony, be referred to the Planning Advisory Committee for a • commendation. On motion of Councillor Cave Seconded by Councillor Green RESOLVED that the letter from Messrs. Jack Calp and Joseph K. nedy, proprietors of Jack Calp Ltd. and Kennedy's Shoes Ltd. on Charlotte Street, calling attention to condition of the driveway at the back of these stores which, because of a litter of broken bottles trash left there by loiterers, presents a hazard for vehicles and stating that they feel that as this a City -owned driveway the City should make every effort to clean this debris; calling attention to the t that several discarded refrigeration units, which have been cluttering the driveway for some time, e not as yet been taken away; and expressing the view that the only permanent solution to prevent any ther drinking, loitering, littering and obstruction in this area would be to erect a wire fence with a rated top around the said driveway alcove area -- be referred to the City staff. On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that the letter from Mr. M. C. Lahey submitting comments the status of the Acamac Backland Road, be received and filed. On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that this meeting continue, in legal session. On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that as recommended by the City Manager, authority be granted to make payment in the sum of $5,697.51 to The Northern Assurance Company Limited, the City's insurers, for the second quarter of 1974, this being the amount due the insurers under Policy N „mler 161C900 regarding comprehensive general liability claims. L 0 l J Dawd // X&i s$e %l ' Ad'. lfa&fto Sf ca-de.4 A?5%�q S, S% gym: /G�ai Spa ,mac ��HLa/ %. T A -coke .Sd, :C/004 Ir/" J, e/a%ow I • �J E . A Councillor Davis suggested that the Council look into the possibility of raising the limit regarding the deductible feature of the City's liability insurance coverage, in an effort to reduce the cost of premiums. Consideration was given to the letter from the City Solicitor, advising that with reference to the appearance before Common Council on July 22nd last of Mr. David H. Russell, solicitor for T. R. Titus Bake Shop in connection with flooding of the bakeshop premises at 15 Prince Edward Street, and with reference to the statement in the brief presented by Mr. Russell, namely, "It is the purpose of this Brief, and it is humbly requested, that Common Council authorize the necessary expenditures and instruct the appropriate departments to rectify the situation ", he wishes to inform the Council that a claim from Mr. Titus is being investigated by the City's insurance company, and that at this time the insurance company has denied liability - however, the solicitor for the City's insurance company has informed him that further investigation is taking place. The letter stated that in view of the foregoing, it is recommended that no action be taken by Council on this matter at this time as action by Council could very well prejudice the position of the City's insurance company, and the City Solicitor will keep the Council informed in the matter. Mr. Park advised that the Works Department is reviewing the plans from which it worked on Prince Edward Street, with reference to placing of catch basins and the actual grade of the streets, and stated he believes the Department will have this report ready sometime this week. Councillor Davis asked if the Department can include in the report the level of the sidewalk, as well. He felt that some work to raise the level of the sidewalk would greatly help the situation, at that point. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the above noted recommendation from the City Solicitor regarding the T. R. Titus Bake Shop flooding problem at 15 Prince Edward Street, be adopted. On motion The meeting adjourned. Common Clerl At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fifth day of August, A. D. 1974, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Parfitt, and Pye - and - Messrs. R. Park, Acting City Manager, G. T. Clark, Q. C., Senior Legal Counsel, E. Ferguson, Chief of Police, J. C. MacKinnon, Assistant Director of Works - Operations, A. Ellis, Building Inspector, D. French, Director of Personnel and Training, I. Bruhier, Assistant Development Officer, and F. Grass, Information Officer The meeting opened with silent prayer. The Mayor welcomed the group of Young Voyageurs from the Prince George area in British Columbia, who were present in the audience, and noted that these young people are presently travelling across Canada and at this time are visiting Saint John and its environs, and parts of New Brunswick. He noted that Mr. and Mrs. Jack Hotell are acting as chaperones for the group. The Mayor, on behalf of the Common Council and citizens of Saint John, wished these visitors an enjoyable stay. The Common Clerk advised that the necessary advertising took place regarding the proposal to re -zone for Mr. Gilbert P. Boyce his property at 293 Lancaster Avenue to permit the operation of a florist shop on the first floor and some related storage in the basement of the building, with offices upstairs related to the florist shop and to the Castle Funeral Home next door. He added that no written objections had been received. It was noted that no persons were present to make objection to the proposed re- zoning. On motion of Councillor MacGowan Seconded by Councillor Davis ���/ RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The C f /YOO/'II� City of Saint John and Amendments Thereto" insofar as it concerns re- zoning property at 293 Lancaster Avenue from ee "R -1B" One- Family Residential to "B -1" Local Business classification, be read a first time. / //ejca Read a first time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and 000p a Amendments Thereto ". On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning property at 293 Lancaster Avenue from Re` ao n- *A2 "R -1B" One- Family Residential to "B -1" Local. Business classification, be read a second time. Read a second time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". 17S /'1.7h h. - II On motion of Councillor Hodges Seconded by Councillor Higgins • h/ I� RESOLVED that the letter from the Planning Advisory Committee with � eference to the request to re -zone 293 Lancaster Avenue so that the property could be used for florist fr Ol° shop in conjunction with the Castle Funeral Home which is adjacent, advising that the Committee recommends that the said property, shown on the submitted plan, be re -zoned from "R -1B" one - family residential to a "B -1" local business zone and that this re- zoning be pursuant to a resolution under Section 39 of the Community Planning Act specifying that the property is to be used for a florist shop with associated storage in the basement and ground floor and offices on the second floor related to the florist shop and the Castle Funeral Home -- be received and filed and the recommendation adopted. p/0.7 _y-,4' C'fj /sho�tn Adj as�`� Co. ltd: /.awl �y- IGe 2oii rig .8 6�ei��if /`a9 �ea�fi�aa /O�tsi- �sS �/st�'✓� �oh /aly, /_y The Common Clerk stated that advertising took place for the proposed amending of Schedule 2 -A of ' the Municipal Development Plan to show a parcel of land having a frontage of approximately 130 feet on Adelaide Street and a frontage of approximately 131 feet on Old Adelaide Road, as commercial sub - centre use, this being the same parcel of land that was re -zoned on July 2nd last. Headvised that there have been no written objections to this proposed change in the Municipal Development Plan Councillor Cave made note of the fact that the Council members have been informed that the old ne tanks at the above noted property were removed and the excavation filled in in late June. Councillor Green entered the meeting. ' No persons were present to offer objection to the said proposed change in the Plan. On motion of Councillor Cave Seconded by Councillor Higgins RESOLVED that the by -law entitled "A Law to Amend The Municipal an By -Law and Amendments Thereto" insofar as it concerns amending Schedule 2 -A to show a parcel of land ving a frontage of approximately 130 feet on Adelaide Street and a frontage of approximately 131 feet on d Adelaide Road, as a commercial sub - centre classification, be read a first time. • Read a first time the by -law entitled "A Law to Amend The Municipal Plan By -Law and Amendments ereto ". On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the by -law entitled "A Law to Amend The Municipal Plan -Law and Amendments Thereto" insofar as it concerns amending Schedule 2 -A to show a parcel of land having frontage of approximately 130 feet on Adelaide Street and a frontage of approximately 131 feet on Old elaide Road, as a commercial sub - centre classification, be read a second time. Read a second time the by -law entitled "A Law to Amend The Municipal Plan By -Law and Amendments ereto ". ' The Common Clerk noted that there is a certain urgency surrounding the above matter, in view of e fact that the re- zoning has already been completed. On motion of Councillor Davis Seconded by Councillor Gould RESOLVED that an emergency be declared to exist and the by -law en- itled "A Law to Amend The Municipal Plan By -Law and Amendments Thereto" be given three readings. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the by -law entitled "A Law to Amend The Municipal Plan -Law and Amendments Thereto" insofar as it concerns amending Schedule 2 -A to show a parcel of land having • frontage of approximately 130 feet on Adelaide Street and a frontage of approximately 131 feet on Old elaide Road, as a commercial sub - centre classification, be read a third time and enacted and the Common rporate Seal affixed thereto. The by -law entitled "A Law to Amend The Municipal Plan By -Law and Amendments Thereto ", was read its entirety prior to the adoption of the above resolution. On motion of Councillor Higgins Seconded by Councillor Hodges ' RESOLVED that the letter from the Planning Advisory Committee ad- sing that the Committee has been discussing building height limitations in the City's central business stricts and that after due deliberation and consultation with the Legal Department of the City, the mnittee's special meeting of July 31st last recommends that the present maximum height of 200 feet be anged to 400 feet, and that in order to implement this, the Committee recommends the following amendments made to Section 126 of the Zoning By -Law:- (1) strike out the words "Subject to subsection (2)" at the ginning of subsection (1); (2) substitute the figure "1+00" for the figure "200" in clause (b) of sub - ction (1); (3) delete subsection (2) -- be received and filed and authority granted to advertise the said oposed amendments as recommended by the Planning Advisory Committee. ' On'motion of Councillor Kipping Seconded by Councillor Higgins RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law f The City of Saint John and Amendments Thereto" insofar as it concerns amending Section 126, as follows: - 1) striking out the words "Subject to subsection (2)" at the beginning of subsection (1), (2) substituting he figure "1100" for the figure "200" in clause (b) of subsection (1), and (3) deleting subsection (2), be ead a first time. Read a first time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John • Amendments Thereto ". J r 179 On motion of Councillor MacGowan • /ai�7?7 Seconded by Councillor Hodges RESOLVED that the letter from the Planning Advisory Committee with reference &O P"9' to the application made to the Building Inspector by Beaver Maritime Ltd. for permission to place a mobile home on the Joseph J. Dunham property at Spruce Lake (about one -half mile past the Lorneville Road on the left side of Aame the St. Stephen Highway) for a period of six to seven momths, to.be used only when officials visit the city and ������ not to be used continually by one family - this mobile home to be placed on the spot previously occupied by the Fredericton Housing and Construction mobile home and which has been vacated recently after Common Council's May A& *16*4✓XQ 21st, 1974 resolution which gave Fredericton Housing and Construction permission to locate their mobile home on A /2/v- the said property for a period of six months -.advising that the.Planning Advisory Committee recommends that temporary permission permission for a period of one year be granted to Beaver Maritime Ltd. for the placement of their mobile home on the said Dunham property -- be received and filed and the recommendation adopted subject to the Japplicant meeting all regulations and requirements which can be checked through the office of the Building Inspector 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 '�sO &J/' reports l' Your Committee begs leave to report that it sat on July 29th, 1974, when there were present Mayor Flewwelling, and Councillors Cave, Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt and Pye, and your Committee begs to submit the following report and recommendations, namely: - �1�8� 1. That Common Council resolution of July 2nd, 1974, be amended, to read as follows: - o7>Oa�G7�� "RESOLVED that The Rocca Group be chosen as developers of Market Square to - complete the next stage of development to be completed within a four month period - this stage to include:- • (a) the developer would name his design team who would work closely with the Co- ordinating Committee in their preliminary design of Market Square; (b) the developer would cost the components of the project identified in the study; (c) the developer would discuss the input of Federal office space into the general Market Square area with ���,P7 the Federal departments concerned; RWJW A-R1 (d) the developer wpuldoindi6at6�how &oreaidential contexit can be introduced into the project area, and discuss its feasibility with the Federal agency concerned; (e) the developer would open negotiations with prospective tenants of the major commercial content and present a firm proposal for occupancy; (f) the developer will present a definite proposal for the leasing of the land; (g) the developer will during the period work closely with the Co- ordinating Committee for the Urban Renewal Partnership and the Federal and Provincial funding agencies to prepare a phased plan of development for the entire project; 40 ,' (h) the developer will also negotiate a proposed agreement with the Partnership for the following stage of the development if successful after four months; W the developer will indicate his funding sources and amounts and all other financing arrangements for the project. ". 2. That Robert Gordon Baird be appointed Executive Director of Economic Development at a salary of $20,600.0( per annum plus an amount equivalent to the cost of the City's normal � p p q y pension contribution for eligible employees -- to be effective from date of employment early in September, 1974. MoArPO 94P 6149py ARV Respectfully submitted, 5th August, 1974, (sgd. ) E. A. Flewwelling, Saint John, N. B. Chairman. On motion of Councillor Green Seconded by Councillor MacGowan RESOLVED that section 1 of the above report be adopted. On motion of Councillor Cave Seconded by Councillor Kipping RESOLVED that section 2 of the above report be adopted: AND FURTHER that the above report be received and filed. Referring to the recommendation in section 1 of the above Committee of the Whole report, the Mayor explained that the resolution adopted by Council on July 2nd, 1974 in the same matter was a recommendation to the Partnership and now that the recommendation has been accepted it came back to this meeting of Council for ap- proval by Council of the choice of The Rocca Group as noted in the above section 1. On motion of Councillor Cave _ Seconded by Councillor Higgins k,geelploVA RESOLVED that in accordance with the recommendation of the Acting City P,�Paa Manager, approval be granted for payment of the invoices from D. Hatfield Ltd. for equipment rental to the fol- � 9;6/ lowing departments, namely: to the Works Dept. July 1 -15, 1974 (dated July 19, 1974) $ 13,642.13 to the Water Dept. July 1 -15, 1974 (dated July 19, 1974) $ 3,115.50 ISO 1 On motion of Councillor Cave Xepwl.* `xi �i- n s Seconded by Councillor Green AS�!°7iL 6"lC�� RESOLVED that in accordance with the joint recommendation of the Acting City Manager and the Assistant Director of Works - Operations, authority be granted for purchase of CT parts from Gill Equipment Ltd. at a quoted price of $6,649.00 to make the necessary repairs to the asphalt (L . roller, Number 826, at the Rothesay Avenue garage. On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that as recommended by the Acting City Manager, approval be //�_ v� /f given to pay the invoice from Allied Chemicals Canada Ltd, in the amount of $5,363.18 for the supply and ez dep IT 1 ddt installation of liquid calcium chloride dust layer to approximately ten miles of gravel roads in the (!Ile% KM t`ii/'d� eastern areas of the city on June 20th, 1974, and for an expenditure of $4,000.00 for the application of the same material which additional application should keep this problem within bearable limits for the balance of the year. On motion of Councillor Cave %gta)/ehtS Seconded by Councillor Higgins J+��dois RESOLVED that as recommended by the Nominating Committee the following appointments be made to the Airport Advisory Committee:- Councillor Davis, Chairman, and `;V :2 Messrs. Eldon Richardson and D. McGregor Hope. ]D.A*Oftyor y,4 On motion of Councillor Green Seconded by Councillor Gould Si RESOLVED that in accordance with the recommendation of the Nominating Committee, the following persons be appointed to the Civic Improvement and Beautification Committee: - Mrs. Eleanor Sheehan, Professor William Prouty, Councillor Hodges and Councillor A. Vincent. /. ievw ,&. r5/O6or-7 l/iheent Awle-/- ,,4-ric X. Coui,. Pye Ae/aAioos Co, ASSee..�o�d� /�r.Fet C'ouh. i 646. evp,) �Ivt W. P4;),P- 1�aN /S� C .T. C. /1%acKi n7)ea .Caav),a/xe hra�rky COBS& .4 Y /;oCORY4 Mer C- C49?17 7oar.r/�idu, %PI'1 M . 4007/77. F %�2 �iO� /cam Ltiat'hlnty Comma/. lltoge W On motion of Councillor Green Seconded by Councillor Cave RESOLVED that as per the recommendation of the Nominating Committee, Eric L. Teed be appointed to the Fort La Tour Development Authority. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that as recommended by the Nominating Committee, the lowing appointments be made to the Land Committee:- Councillor Davis, Chairman, and Councillors Green, Vincent and Pye. Councillor Kipping voted "nay'-' to the above resolution. On motion of Councillor Pye Seconded by Councillor Hodges RESOLVED that as recommended by the Nominating Committee, Councillor be appointed to the Management - Labour Relations Committee of the Saint John Fire Fighters' Association, 771, as the Council's representative. On motion of Councillor Green Seconded by Councillor Gould RESOLVED that as recommended by the Nominating Committee, Councillor be appointed Chairman of the Market Committee. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that in accordance with the Nominating Committee's recom- tion, the following appointments, effective to December 31st, 1976, be made to the Planning Advisory ttee:- Councillor Parfitt and Messrs. R. Dhar and D. Morehouse. On motion of Councillor Green • • Seconded by Councillor Kipping ' RESOLVED that as per the recommendation of the Nominating Committee, following persons be appointed to the Pollution Control Committee:- Councillors Higgins, Davis and e, and Messrs. William K. Craig, David Mabey, J. C. MacKinnon and Lawrence Hanley. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that as recommended by the Nominating Committee, Councillors Vincent and MacGowan be appointed as liaison to the Tourist and Convention Promotion Committee. , On motion of Councillor Green Seconded by Councillor Mac Gowan RESOLVED that in accordance with the recommendation of the Fire ief, the request made by the Secretary of Number 2 Salvage Corps and Fire Police Company that Mr. rman Melbourne Wasson of 162 Britain Street, who was recently voted a member of that Company, be issued warrant, be complied with. Councillor Hodges asked for a written report from the Fire Chief for the next meeting of Council the background of how a person attains membership in the Salvage Corps and Fire Police, and what • ationship the Corps bears to the operation of the Fire Department. 189 The Mayor asked for permission to add an item to the agenda, explaining that Councillor M. Vincent is requesting authority to attend the first Canadian Junior Softball Championships that are being held in Ottawa on • ��-° '� S� August 10th and 11th next, and that he has a sponsor for bringing these games to Saint John in 1975 during ✓��� Loyalist Days and that he therefore requires authority to go to Ottawa to make the necessary arrangements. The Council members agreed that this item be included on the agenda. On motion of Councillor Green vwovr. Ole- Seconded by Councillor MacGowan YAWnt RESOLVED that as requested by Councillor M. Vincent, he be authorized to CSRP7.el�Pa, proceed to Ottawa to attend the first Canadian Junior Softball Championships to be held on August 10th and 11th next, for the purpose of arranging to have these games played in Saint John during 1975 Loyalist Days. Councillor Kipping withdrew from the meeting. The Mayor advised that the Saint John Housing Commission has requested that the Council give the Commission authority to use the report of the Housing Task Force that was prepared under the chairmanship of Councillor Arthur L. Gould during the term of office of the previous Common Council. On motion of Councillor Cave �; %s. Seconded by Councillor Green Ai r's' RESOLVED that the report of the Housing Task Force of 1972 be referred to q, the Saint John Housing Commission for recommendations and a report. Notice had been given to Mr. Antoine Mazerolle to appear at this meeting to show cause, if any, why the building located at 34 St. John Street, Saint John West, should not be removed or destroyed as a dangerous or dilapidated building. It was confirmed that Mr. Mazerolle was not present, nor was he represented by any Mr. Ellis advised that because the rightful lessee- mortgagee was inadvertently missed in the title •_/� search of this property, he would ask that the item be removed from the agenda. On motion of Councillor MacGowan 0 Seconded by Councillor Gould RESOLVED that in accordance with the request of the Building Inspector, the item concerning the above named property be deleted from the agenda. ry¢j OyC4 In response to the notice to appear at this meeting to show cause, if any, why the building situate at 17 Leinster Street should not be removed or destroyed as a dangerous or dilapidated building, Mr. Sen Seto was present on behalf of Mrs. Lucy Seto and Mr. Arthur Seto. Notices had also been given to Moon Palace (1969) Ltd. and Industrial Development Bank to appear in connection with the said property. Mr. Seto advised that Mr, and Mrs. Seto had a man from a construction company look at the property, who said that the building is solid and should not be torn down; they are having another man look at the building for the purpose of giving an estimate of cost to fix it up; Mr. Arthur Seto (his father) wishes to fix this property up. Councillor Kipping re- entered the meeting. Seconded by Councillor Higgins o/Ap / 4 RESOLVED that notice having been given to Moon Palace (1969) Ltd., Industrial Development Bank, and Lucy Seto and Arthur Seto, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 17 Leinster Street, in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector of Buildings; the Common Council hereby deems and declares the said building located at civic number 17 Leinster Street, in the said city, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Moon Palace (1969) Ltd., Industrial Development Bank, and 4? ® &p 2fZ6'7 Lucy Seto and Arthur Seto are hereby required to remove or destroy the said building situate at civic number 17 �t2y°��b�® einster Street, in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Y� ddd�s uildings: AND BE IT FURTHER RESOLVED that upon failure of the said Moon Palace (1969) Ltd., Industrial Development ® ank, and Lucy Seto and Arthur Seto to remove or destroy the said building situate at civic number 17 Leinster treet, in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Moon Palace (1969) Ltd., Industrial Development Bank, and Lucy Seto and Arthur Seto. When asked how much his father is prepared to spend to fix up this building, Mr. Seto replied that he does not know, but if it was found to be too expensive then it would have to be torn down, he believes; the probable plan of his father is to make this building into apartments. In reply to the question as to why, when a permit to renovate and convert this building in 1973 from a one - family to a two - family house, the work to convert to apartments, was not carried out,'Mr. Seto stated that he believes it was because it was found at the time that the work would be too expensive. In reply to the question as to whether Mr. Seto, senior, or a contractor undertook any of the work before the fire occurred in January of 1973, he stated that he is not sure, but he thinks there were people looking for it. In reply to the question as to whether these owners, while waiting for an up to date estimate of cost on fixing up this building, will see that the building is properly secured to ensure there is no chance of anything happening to it, Mr. Seto stated that they will do so. Mr. Seto confirmed that the concrete garage that is attached to this building is not owned by his parents. Mr. Ellis was asked if there is a common wall between the said building and the concrete garage, and he replied in the affirmative, adding that no inspection has been made of the garage. He further advised that the said garage is the property of Fairweather's Garage and is used by the owner for storage of tires. Councillor Kipping had made the comment that this garage building appears to be in poor condition (it is cracked) and is unsightly and is probably a hazard, in its own right. Mr. Ellis circulated copies of photographs of 17 Leinster Street, for the information of the Council embers, and stated that he would have to call this a deteriorated and dilapidated building in its present condition; however, the building could be rehabilitated through the expenditure of sufficient money and effort. On motion of Councillor Cave Seconded by Councillor Higgins o/Ap / 4 RESOLVED that notice having been given to Moon Palace (1969) Ltd., Industrial Development Bank, and Lucy Seto and Arthur Seto, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 17 Leinster Street, in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector of Buildings; the Common Council hereby deems and declares the said building located at civic number 17 Leinster Street, in the said city, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Moon Palace (1969) Ltd., Industrial Development Bank, and 4? ® &p 2fZ6'7 Lucy Seto and Arthur Seto are hereby required to remove or destroy the said building situate at civic number 17 �t2y°��b�® einster Street, in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Y� ddd�s uildings: AND BE IT FURTHER RESOLVED that upon failure of the said Moon Palace (1969) Ltd., Industrial Development ® ank, and Lucy Seto and Arthur Seto to remove or destroy the said building situate at civic number 17 Leinster treet, in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Moon Palace (1969) Ltd., Industrial Development Bank, and Lucy Seto and Arthur Seto. 18121 G Crl�i ,.,p/rer O /ier C'oo's�E�ee�io� Ce i�6 -xoni n� �l�i ovr p� F/1'." 4ae/ Cams -. Councillor MacGowan asked if Mr. Ellis thinks that this building,warrants an expenditure to bring it back to its former standard, and he replied that he does, if the owners are prepared to proceed with the work, immediately; he noted that he has already recommended that it be demolished, in its present condition, but he also is saying it can be restored. He stated he would estimate it would cost roughly $15,000.00 to $20,000.00 to restore it. Councillor Green asked how long an extension Mr. Seto is asking for, should the Council grant it. The Mayor replied that Mr. Seto probably would like two weeks in which to find out if the rehabilitation work is financially feasible. Councillor Green stated that he has viewed the exterior of the building only, and from the pictures shown at this meeting, and it appears to him to be quite level. Councillor Parfitt indicated that she would be willing to allow Mr. Seto two weeks to determine whether it is economically feasible for him to fix this building up, having regard to the need for housing and the possibility that the expenditure of $20,000.00 could provide housing for two families in this building, with every precaution being taken in the interim to prevent entry into the building and the building to be demolished if it is not found feasible to rehabilitate the building from a financial standpoint. Question being taken, the motion was carried with the Mayor and Councillors Cave, Davis, Gould, Higgins, Hodges, Kipping and Pye voting "yea" and Councillors Green, MacGowan and Parfitt voting "nay ". Mr. G. Christopher Collier of Messrs. Nason & Collier, Barristers, was present on behalf of clients H. C. McNamara Construction Co. Ltd. and Mr. Harold C. McNamara with regard to the application made to Common Council on July 22nd by petitioners from Michael Crescent in Silver Falls Park that the area of Michael Crescent described in the petition be re -zoned to one- and two - family housing classifi- cation from multiple residential classification. A brief submitted by Mr. Collier on behalf of his clients was considered at this time, which is a response to the points made in the said petition to Council. The brief notes that the zoning which is being contested by the petitioners has been in ex- istence since May 27th, 1968 and that it was November 7th, 1968 that the first building permits were issued for the initial construction in the sub - division. A point made in the brief is that neither Mr. Collier's client nor its real estate representative made any representations to anyone at any time which would indicate that the area of the Sub - division presently zoned for multiple family was, in fact, zoned for one- and two - family residential use; further, the brief suggests that the misunderstanding on the part of the.petitioners arises with respect to the presently undeveloped area of the Sub - division which is zoned for one- and two - family residential, and noted that the company has, undoubte4y, assured many people that the area of the Sub - division is zoned for one- and two - family residential, and that nothing else will be built there. The brief notes that the sign advertising the Sub - division (a copy of which is included with the brief) was situated at the corner of Westmorland Road and Mark Street from 1968 until 1972, and has been situated since 1972 at the corner of Loch Lomond Road and Market Street, and that this sign makes it very clear that the Sub - division contains land which may be used for one- and two - family homes, apartment sites and commercial sites, which, it is suggested, is a very strong indication that the company has not been engaged in deliberately deceiving people with respect to the zoning in this Sub- division but, on the contrary, has been actively engaged in advertising the fact that the Sub - division contains land which is zoned for multiple family units. Other points raised in the said petition are also discussed in the brief: the number of one - and two - family dwellings intended to be built in the Sub - division by Mr. McNamara including the area which has since been zoned to industrial restricted classification; the value of individual homes in the area; alleged misrepresentation by Mr. McNamara regarding the area zoned for one- and two - family dwellings only; remarks made regarding apartment dwellers by the petitioners. The brief refers to the proposal of Eastern Enterprises Ltd. to proceed with the construction of multiple family dwellings on a portion of the land in this Sub - division (two- storey attached housing units). Mr. Collier stated that he suggests that there has been no breach of trust by his client and that therefore the Council has no reason to re- zone the piece of land referred to by the petitioners, and that his client requests that if at all possible the Council deal with the matter this evening because at the time the petition was presented to Council on July 22nd last, Eastern Enterprises Ltd. was prepared to proceed immediately with its development and had made arrangements to commence the initial work, but because of this pending re- zoning application, that developer has not been able to receive the final approval necessary to commence the work, and, as a result, is experiencing financial losses. • Discussion ensued, with Councillors Pye, Parfitt and Cave expressing the following respective viewpoints:- the matter of zoning of the area in question is one for the Council to determine; the present zoning for multiple housing would not depreciate the value of the existing one- and two - family homes in any way; if the Council were to agree to the plan for development of this multiple dwelling section it is • doubtful that the residents in the one -and two - family homes could see the multiple family houses from their section. Mr. Robert Merzetti, who was present with a delegation of residents of the said sub - division he petitioned for the requested re- zoning, was permitted to make further representation as spokesman for he group. His comments centred on the question of whether or not the sign that is referred to in the rief submitted by Mr. Collier and of which a picture is included with the brief, bears the same wording .968 or 1969 through to the present time. Mr. Merzetti noted that the petitioners have not heard Mr. ollier's brief until hearing it at this meeting of Council and have not had an opportunity to meet with he developers for discussion on the various points, and he asked for an opportunity to hold such discussion ith the developers' legal representative for a short period this evening, and then come back to Council t this meeting. Councillor A. Vincent entered the meeting. On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the brief submitted by Mr. G. Christopher Collier of ssrs. Nason & Collier, Barristers, on behalf of H. C. McNamara Construction Co. Ltd. with regard to the placation for re- zoning of a part of the Silver Falls Park Sub - division that was made by petitioners o reside in this sub - division, be received and filed and a copy of the brief be given to Mr. Robert rzetti, spokesman for the said petitioners, in order that he can study it, and that the Council take no tion with respect to the request for re- zoning. The Mayor noted that the above motion means that the Council has refused the request for re- The Council members concurred. Question being taken, the motion was carried with Councillor Pye voting "nay" On motion The meeting adjourned. Common Clerk. u 1 L 183 At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twelfth day of August, A. D. 1974, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Hodges, Kipping, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. R. Park, Acting City Manager, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Assistant Director of Works - Operations, C. Robichaud, Assistant Director of Works - Engineering, I. Bruhier, Assistant Development Officer, D. Buck, Redevelopment Officer, R. Dhar, City Architect, E. Ferguson,. Chief of Police, J. Ewart, Deputy Fire Chief, D. Carter, ­tconomia,Co.�Ordinator, and F. Grass, Information Officer The h meeting opened with a prayer which was invoked by His Worship the Mayor. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that minutes of the meeting of Common Council, held on July 29th last, be confirmed. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on August 5th last, be confirmed. The Mayor asked for authority to place a proposed motion on the agenda of this meeting, regarding attendance by the Deputy Mayor at an annual conference. On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that the above request of the Mayor be acceded to. On motion of Councillor Gould *" ° "ter 1� " Seconded by Councillor M. Vincent "/"/�S— RESOLVED that Deputy Mayor Higgins be authorized to attend the r Canadian Parks - Recreation annual conference in Winnipeg from August 11th to 15th next. The Mayor advised that on August 8th and 9th last, the other Council members and he held a study group at the Villa Madonna at Torryburn for the purpose of studying the organizational report of Kates, Peat, y Marwick & Co. in detail during which time a thorough study was made. He stated that he would propose that the report be tabled. He added that this report makes statements about many civic departments, and he wished it understood that such statements are in the report as a result of discussion with the directors of the departments who are cognizant of weaknesses of the departments, and with the co- operation of the Council members. The Mayor noted that many of these problems have already been corrected in the departments. On motion of Councillor Cave FlQgm:S1 Seconded by Councillor A. Vincent Aywrw% of RESOLVED that the November 1973 report of Kates, Peat, Marwick & Co., Management Consultants, entitled "Organization Study of The City of Saint John ", be tabled and accepted in �,�fv��� principle. *00 °78dd3 I Councillor Hodges stated that at the last meeting of Council he asked for information about membership Repoe-t- in the Salvage Corps and Fire Police - specifically, how does one become a member of this organization? He noted that the Council members were provided with an information sheet concerning the Corps, but not this particular data. Deputy Fire Chief Ewart explained that whenever an application for membership is made to the Captain of the Salvage Corps Company concerned, the members vote on electing the applicant for membership. Mr. Park added that the Corps members are volunteers but they operate under the direction of the Fire Department. n On motion of Councillor Gould Seconded by Councillor Hodges ft i9® RESOLVED that as recommended by the Acting City Manager, the quotation of Flintkote Co, of Canada Ltd. for the spraying of emulsion and the spreading of stone chips for the City's a9{�� chip sealing operation be accepted, as follows:- 7 ,0 per gallon for spraying emulsions; $1.75 per ton for chip 6 �O$�t3i%5� spreading. 110P.9 /J On motion of Councillor M. Vincent !^ [G,vL0 Seconded by Councillor Hodges C'b /�O $°7 %!A RESOLVED that in accordance with the recommendation of the Acting City Manager, approval be granted for payment of the invoice from Stephen Construction Co., Ltd., dated July 31st, P9�a�J� 1974, in the amount of $27,923.43, for asphalt supplied to the Works Department during the period July 16th to q 31st, 1974• On motion of Councillor Cave Seconded by Councillor Kipping RESOLVED that the letter from the Acting City Manager, advising that the 42 -inch and 36 -inch storm sewer was recently completed in Woodward Avenue as far as Alward Street and it is believed that no flooding has occurred in this area since; that the system on Donaldson Street remains a marginal s�ly8 one and no further work on it is scheduled for 1974; that the Engineering Department is of the opinion that completion of the final section of the Woodward Avenue storm sewer system from Alward to Donaldson Streets by installation of 750 feet of 18 -inch storm sewer at an estimated cost of $23,000.00 would eliminate the possibility of flooding; that this final section of the said Woodward Avenue storm sewer system is included in the suggested L � 184 ' Capital Budget for 1975; that funds are available to cover the said $23,000.00 estimate needed for this final section from the experience on the Lakewood Heights sewers which tendered price is $18,000.00 lower i��l�fril�JOB�Ii�S. than the amount cbudgeted for ($115,000.00), and on the Summit Avenue water and sewer services being • f/�.Sf Sip' constructed by the City which will cost approximately $8,000.00 less than the amount budgeted ($35,000.00), 9$ making a total of approximately $26,000.00 available - -and recommending that in the light of these circumstances, p // the Alward Street to Donaldson Street section scheduled for 1975 be brought forward to 1974 -- be received aJ 6L�9h�j^ /Z�07a/ . and filed and the recommendation adopted. .nail G %lC cYlOUn:L i)u1[.;3G:9 207° i. I.l -J alJ'1.QQ' N�OOd�l4/u7v !� On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that as per the recommendation of the Acting City Manager, , approval be granted for payment of the following invoices for equipment rental: - �ent�l /�i[ //�� Chitticks.(1962) Ltd. - to the Works Dept., July 1 -15; 1974 fiAla/Ck'SC!'� (Water & Sewerage) (dated July 17, 1974) $ 3,068.00 Earthco Co. Ltd. - to the Works Dept., July 1 -15, 1974 04:�?Pq64CO (Water & Sewerage) (dated July 23, 1974) $ 2,131.20 On motion of Councillor Cave ' Seconded by Councillor Pye RESOLVED that in accordance with the recommendation of the Acting `��� %]� ,h� h 3Pti City Manager, authority be granted for payment of the following construction progress certificates and X h5 /Oh approved invoices for engineering services in connection with projects that have been undertaken under the Department of Regional Economic Expansion programme: - Dpi 1. Bayside Drive Reconstruction and Extension B6O/%iAP- %f .°A' I (a) Phase I, Bayside Drive Railway Overpass n ,a //y 4a� /)g Contractor: Callaghan Contracting Limited c� d/ Mow- value of contract $ 247,404.00 • Total work done 129,443.85 Retention 15% 19,416.58 Payment previously approved 71,153.22 Sum recommended for payment, Estimate Number 5 for July 1974 $ 38,874.05 (b) Murdoch - Lingley Limited 6c Engineering Services (Property Survey) Payments previously approved $ 12,556.40 Sum recommended for payment, Certificate Number 8 to June 30, 1974 $ 409.50 2. Milford- Randolph - Greendale Collector Sewer Giffels Associates Limited , Engineering Services it /�re�S /7SSOC Payments previously approved $ 106,562.97 Sum recommended for payment, Estimate Number 32, July 22, 1974 $ 317.60 On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the Acting City Manager, the following construction progress certificates be paid on the contract for the project includedin the - P Ti capital budget: - 1. Simonds Vocational Swimming Pool .' %tpphds ���`• Simpson Construction Limited SCIJd B Construction of Swimming Pool • Total value of contract $ 330,625.70 40�04/ Total work done, Estimate Number 11 330,625.70 I! �_ Retention (For Deficiencies) 14,800.00 5`le tv/. /f� Payments previously approved 270,721.65 Air c T •G Sums recommended for payment: (1) Progress Estimate Number 11, June 19, 1974 $ 45,104.05 (2) Invoice Number E3B5C8, March 26, 1974 $ 517.55 To be charged to School Board and authorized by Work Order Number L19413 On motion of Councillor Gould ' Seconded by Councillor Hodges z. ea•. RESOLVED that the letter from the Acting City Manager submitting a �`'' °�O •��g report regarding tenders received for Bayside Drive Reconstruction and Extension Project Phase III (for �0�yybf• the section from the Little River Bridge, east to the Old Black River Road and Grandview Avenue), advising that the project was estimated by the City's consultant to cost $258,336.50, and recommending that the tender be awarded to Goodyear Paving Limited of Moncton in the amount of $312,032.00 - and further ad- / "y vising that the Liaison Committee is in agreement with this recommendation -- be received and filed and , the recommendation adopted. Councillor A. Vincent voted "nay" to the above resolution. On motion of Councillor Cave Seconded by Councillor M. Vincent Sa"Ap' RESOLVED that as recommended by the Acting City Manager, the v�1ellf following expenditures be approved for water and sewer materials to be supplied by the City for Silver Falls Park, Phase V, Michael Crescent extension, and to be charged to the 1974 capital budget: -l. _.,e 0VIVOr_Fa //s 1. water mate rials--(watermains; ;, gates' ebamBars ,;,fire:,hydranb,,setcetera) $ 4,500.00 use e!,Nle% 1 2. sanitary sewer materials (pipe, manholes, et cetera) 2,800.00 0#W5_� 3• storm sewer materials (pipe, manholes, catch basin, etcetera) 2,900.00 I ��t Approximate total cost $10,200.00: ��°.4 4vs� AND FURTHER that the Mayor and Common Clerk be authorized to execute on °behalf of the City the pB•j$e.S12. e sub- division agreement with Eastern Enterpises Limited in due course. L Avg 6!OV10f. ,7�cp� tea. O7-f APAI,Af _W7 ice'" • -_; /7W 47 c, y 7r �slp le a�Co. IA%f, Re--aoo:m 30yee i I 185 On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that as per the recommendation of the Acting City Manager, and the Purchasing Agent, the bid of Domtar Chemicals Ltd., Sifto Salt Division, in the amount of $17.75 per ton for supplying, delivering and stacking 9,000 tons of highway salt, be accepted. On motion of Councillor Cave Seconded by Councillor Pye RESOLVED that the letter from the Acting City Manager, advising that the Department of Economic Growth of New Brunswick has been negotiating with Mr. Gordon McAskill for the purchase of his property off Old Black River Road, in order to provide rail access to McAllister Industrial Park, and that before the purchase can be finalized the City of Saint John has had to close and abandon a portion of an old (unnamed) reserved road which ran across Mr. McAksill's property, which closure was completed by Council resolutior of July 29th, 1974, and that in order that the Province can obtain clear title to the property, the City is asked to provide a quit claim deed to the land formerly designated for the reserved road - and recommending that the Province of New Brunswick be provided with a Quit Claim Deed for the property in question -- be received and filed and the recommendation adopted. On motion of Councillor M. Vincent Seconded by Councillor Kipping RESOLVED that the report of the Fire Department for June be received and filed. On motion of Councillor Hodges Seconded by Councillor A. Vincent RESOLVED that in accordance with the recommendation contained in the report from the Assistant Director of Works - Operations, which recommendation is concurred in by the Acting City Manager, with reference to the petition from residents of Walter Street in the Glen Falls area that action be taken to fill in or cover the ditch in the said area which is approximately 150 feet in length, the drainage ditch running parallel to 21 Walter Street be filled in with a catch basin at the furthest point and that the drainage ditch beside 32 Walter Street have the culvert pipe extended thirty feet to accommodate the landscaping and that the ditch itself be cleaned out the length of the property: AND FURTHER that the said report, which advises that prior to the presentation of the said petition to Council the Works Department had decided to extend the drainage ditch piping on the fifteen -foot right -of -way in the Walter Street area to accommodate Mr. Nickerson at 32 Walter Street as he was doing some landscaping, and Mr. Nickerson had been so advised; that it is believed that filling in the ditch at the side of Mr. Watson's property to 21 Walter Street with the catch basin towards the rear of the property to pick up the drainage coming from the street, will handle the problem and take care of the complaint; that over -all, the parcels of land designated as 6 and 8 on the submitted plan are actually low -lying areas overgrown with grass and bushes and retain all the drainage water, and this water is flowing into drainage ditches and being carried to one storm system installed in Simpson Drive, and that until these green areas are developed and built up the drainage ditches will have to remain; that in the future, Walter Street should be widened and curbed to take the storm water run off and carry it to its furthest point away from these ditches and thus enable the future filling in of these same ditches; that at the time of the inspection of the area the ground was still soft - however, there was no amount of water which would be construed to be dangerous to children in the area, but, of course, this situation could change with any high amount of rain and thus the ditches should be cleaned out and cut back in order to allow them to dry out -- be received and filed. During discussion of the above named report with Council members Cave and M. Vincent, Mr. MacKinnon stated that the above recommendation is only a partial answer at the present time and that it does not solve the whole problem. On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the Acting City Manager, authority be granted for payment of the following invoices from::St6p1]en'Codstru ( tion Co., Ltd. for supplying asphalt, these invoices representing an adjustment to asphalt tonnage prices upwards by $2.05 per ton for the periods named:- July 2 -15, 1974 (adjusted as approved by Council Order July 22, 1974) - $5,540.61 July 16- 31,1974 (adjusted as approved by Council Order July 22, 1974) - $6,802.27 On motion of Councillor Gould Seconded by Councillor Davis RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning property at 293 Lancaster Avenue from "R -1B" One - Family Residential to "B -1" Local Business classification, be read a third time and enacted and the Corporate Common Seal affixed thereto. It was noted that no objections had been received to this proposed re- zoning. The by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ", Iwas read in its entirety prior to the adoption of the above resolution. On motion of Councillor Hodges Seconded by Councillor M. Vincent RESOLVED that as recommended by the Land Committee, authority be granted for the City to purchase a sewer easement from Mr. John L. Conway for the Milford - Randolph - Greendale sewer line, for the sum of $100.00 which covers the purchase of 941 square feet located off the Dominion Park Road for the said easement, and the use of a temporary construction easement that consists of 625 square feet. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Land Committee, advising that it has- been discovered that part of the land the Council, by resolution of June 12th, 1974, agreed to sell at the rear. of Saint Rose Church on Milford Road, Saint John West, containing approximately .89 acres of land, to the Roman IS6 •�and �escih�iip� /nod %O�i C'iv /eZ Aor- �7liL��Oh!9%1a �ahcas�t- Se�a�e ,34499 &�e Argo- 6i/,9, e,k ts,a cIDo/gcpmoi Ces a2�- eo/+r Cia/ /0604 /0ns /70amwy 6/ie �, irvi //e ,B /Va Apo d. C-,P 4, om_ dG /P7� Ap/»,dais'� /s Tri- Tate» Really /i-z Sdhv� o > m;. .Ce a/ As /treheilde/�. -,00M -7&2;2 r /rl�W.Oav sc- •Fsst,�i' T S3 b 0.7 /B9 -PX Catholic Bishop of Saint John, is owned by the Bishop and, therefore, the area was incorrectly calculated, and recommending that the said Council resolution be rescinded and that an area of City -owned land located to the rear of the said Church, consisting of .47 acres, more or less, be sold to the Roman Catholic •:. Bishop of Saint John for the appraised value of $1,200.00 -- be received and filed and the said recom` mendations adopted. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that:the letter from: the Civic Improvement and Beau- tification Committee requesting that appropriate landscaping of the area surrounding the sewage lagoon off . Fairville Boulevard be undertaken and that this matter be referred to the appropriate civic staff for ' preparation of plans and estimate of costs, be referred to !he appropriate department for an estimate of cost. On motion of Councillor Kipping Seconded by Councillor Gould RESOLVED that the letter from the Civic Improvement and Beautifi- cation Committee,-further to a letter sent in August 1973 to the Common Council which expressed the Committee's concern with the lack of proper curbing, entrances and exits at various commercial locations ' in the city, advising that the Committee is still concerned with the problem and, in particular, with the lack of proper curbing on Rothesay Avenue and Fairville Boulevard in this respect, and that while the Committee realizes that existing establishments are not required to erect such curbing it feels that those portions of the Zoning By -Law which require such curbing in new establishments should be strictly enforced, the Committee recommends that the City provide funds in the 1975 budget to ensure that a programme of curbing is commenced along those areas of the said above named streets which are not now properly curbed, be referred to the committee on budget. Councillor Cave expressed the view that extensive curbing on Rothesay Avenue, which is a low - lying bed, would interfere with the run -off of water and only compound existing problems there. He made the suggestion that the question of curbing on this street be referred to the Provincial Government to see • how best the problem can be dealt with. The Mayor replied that this proposal will be looked at. On motion of Councillor Kipping Seconded by Councillor Gould - RESOLVED-:that as requested by the Redevelopment Officer, approval be %given for the payment of the following accounts from Tri -Town Realty Ltd. for appraising properties that are required for the North End Urban Renewal Scheme, the approval of the Partnership for payment of these accounts having been received, and the accounts to be charged against the project and shared in the usual way: F- 6 =19 -28 20 Smythe'Street L- 6 -19 -20 7'North Market Wharf On motion of Councillor Gould Lane's Bakery Ltd. $ 350.00 Leonard & MacDonald Ltd. $ 105.00 (up- dating of appraisal) Seconded by Councillor M. Vincent RESOLVED that as per the request of the Redevelopment Officer, approval be given for the acquisition from E. S. Stephenson & Co. Ltd. for the North End Urban Renewal Scheme of the following properties for the total sum of $529,767.00 the said settlement of compensation which is acceptable to the Company having been approved by the Federal and Provincial levels of government:= Realty Assessed Value 15 Dock Street) 234,800. 17 -19 Nelson Street) Business Relocation & Interruption Fees, etc. Appraised Value $ 262,500. to $ 295,000. Total Agreed Value 277,000. $ 248,000. $ 4,767. $ 529,767• In reply to Councillor A. Vincent, who asked if the above named Company has agreed to this settlement of compensation, Mr. Buck stated that the company President is satisfied with the settlement, and the Company will relocate in the city on or about November 1st, 1974 and the Company will make the announcement as to where it will be relocating. He confirmed that the figure of $529,767.00 is the total that is to be paid as compensation to this company, with no more payments involved in this acquisition. Councillor Davis, who would like to obtain information on the actual area of land that is being acquired from the said Company, stated that he will seek this data from the Urban Redevelopment Office. On motion of Councillor Cave Seconded by Councillor Kipping RESOLVED that in accordance with the request of the Redevelopment Officer, approval be granted for payment of the legal fees account from McKelvey, Macaulay, Machum & Fairweather in the total amount of $1,248.74 for acting on the City's behalf in respect to the exprop- riation of 538 Main Street (F- 11 -26 -8) from the Estate of Roy J. O'Keefe, covering the period from Dec - ember 1969 to June 1974 - this firm's efforts having resulted in a negotiated settlement with the owners - the approval of the Partnership having been acknowledged for payment of this account which is to be charged against the North 'End Urban Renewal Scheme and shared in the usual way. Councillor A. Vincent stated that when the O'Keefe Estate accounts came in he asked the question as to whether all the bills were in and he was told they were. He stated that he would now like to know if there are any more bills outstanding against this Estate, because he understands one bill is still outstanding. He asked that this information be supplied to him. Mr. Park noted that the information would have to be provided by the Co- Ordinating Committee. On motion of Councillor Davis 0 • C: � fs, fj°B^ahOfi� 3"94 s9/�afa`��t Seconded by Councillor Cave . >D�ew000w e� RESOLVED that in accordance with the request of the Redevelopment .Pow pwWAC, Officer, approval be granted for payment of the account from Drummie, Drummie, Clark & Pappas in the 41apAw-�.pp;s- amount of $120.00 for reviewing the Bill of Costs on the properties known as 571 -573, 587 -591 and 597 -599 1/�.OtJ/6Y�t. /"�°� Main Street formerly owned by C. and G. Aranoff, that are required for the Viaduct programme - approval of C: � fs, fj°B^ahOfi� 3"94 s9/�afa`��t F_ 187 the Partnership for such payment having been acknowledged, and the said account to be charged against the Viaduct programme. ® Councillor A. Vincent asked for an explanation of the purpose of having the above named review of the Bill of Costs done. Mr. Buck advised that it was done on direction from the Legal Department. It was noted that the City Solicitor had withdrawn from the meeting just previous to this discussion, and the Council members therefore agreed to defer this matter until the City Solicitor had returned to the meeting. On motion of Councillor Davis ative that the owner's unde) Seconded by Councillor Cave RESOLVED that the letter from the Redevelopment Officer, advising that by resolution of April 22nd, 1974 the Common Council approved the acquisition of the freehold interest of 23 -25 Dock �.� Street (F- 6 -19 -4) from the A. E. McInerney Estate for a figure of total compensation in the amount of $72,000.00 - �gf�y��pylg for all right, title and interests in this property, and that when this figure of compensation was negotiated it was the understanding that it would include all legal and appraisal fees, but the Urban Redevelopment Officer has now been advised by the owner's legal representative that the owner's understanding was that the Estate would receive $72,000.00 and the legal and appraisal fees would be compensated by the City to the respective firms involved - and requesting the Council's approval for the payment of $950.00 legal and appraisal fees incurred by the owners of the said properties, the approval of the Partnership of the payment of the said $950.00 fees having been acknowledged -- be received and filed and the request complied with. The Council members agreed to table the above matter until the City Solicitor had returned to the ✓UC k� meeting. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the letter from Mr. R. D. Kincade of Central & Nova Scotia Trust Company, dated July 3rd, 1974 and addressed to the City Manager further to his letter to Common Council on June 12th, 1974 in which he requested that the new street off Somerset Street on which he recently purchased six 6- family properties be named "Somerset Terrace" in place of "Magee Place" which was given to the said street, advising that he has determined from the Municipal Planning Director, Mr. Zides, that the proposed name has not • ��C� been used by the City or by Mr. Bernard Elliot in any of his developments - and the notation from the Common Clerk stating that Mr. Zides finds the use of "Somerset Terrace" as requested by Mr. Kincade to be acceptable to �% g2 him - -be received and filed and Mr. Kincade given permission to change the name of "Magee Place" to "Somerset Terrace ", as per his request. On motion of Councillor Gould a e Seconded by Councillor Hodges RESOLVED that the letter from Mr. Peter H. Bennett, Secretary of the Historic Sites and Monuments Board of Canada, advising that with regard to the resolution of Common Council that 'Partridge Island should be developed as a major historical attraction the matter came before the Board at its meeting in May, 1974 and the Minister of Indian and Northern Affairs has now approved the Board's recommendation Si that Partridge Island is of national historic significance, but that for the time being it should be commemorated by plaque only, the recognition being in respect of its role as a quarantine station, the use of the steam fog- 1-115a( WO horn being the subject of a plaque erected on the mainland - and noting that the Ministry of Transport still -uses the island as a site for its aids and navigation -- be received and filed. To express their disapproval of the above answer, which they felt to be unsatisfactory, Councillors M. Vincent and A. Vincent voted "nay" to the motion. Councillor Kipping felt that the Council members should be determining in what specific way they would like to see Partridge Island developed as a national historic site, with plans prepared in this regard, and the Council should then be taking some action. Councillor A. Vincent expressed the intention to have an item on the a�c�OfGfi�P°S agenda for the next Council meeting, calling for a meeting between the Council and Senator Daniel A. Riley and Mr. Michael Landers, Member of Parliament for thia area, to determine what action these representatives of our area are going to take on the matter. Councillor Davis related that difficulty is being encountered in having the Federal Government undertake the necessary repairs to the Martello Tower in Saint John West (a national •7-a47- historic site), and that although everything has been done regarding arranging for the repairs it has been / 0 _P learned that repairs will not be proceeded with until 1980. He felt that when the Council holds the meeting r%� 0'S proposed by Councillor A. Vincent with the Senator and Mr. Landers that the Council be prepared with all in- formation necessary so that it can discuss all the historical sites in the city, and so that an approach can be made to the Minister about up- grading these historical attractions. The Mayor replied that he will arrange for that. Mr. Rodgers having returned to the meeting, Councillor A. Vincent resumed discussion of the $120.00 payment of legal fees incurred by a review of the Bill of Costs by Drummie, Drummie, Clark & Pappas regarding C_R%li • the Main Street properties and C. and G. Aranoff. He stated that he understands that the New Brunswick Bar- , risters Association has a system whereby bills can be taxed at no cost to us, and that he would like to know why 7� this was not done, if the City questioned the bill. Mr. Rodgers explained that the Bill of Costs is prepared by 0/ _aAZWIL°, the solicitor for the other party (not by the solicitor representing the City) in connection with the case and that Bill of Costs is examined by the solicitor representing the City before the Land Compensation Board and in this case there were some items they discussed on December 13th, 1972 as noted on the said Bill of Costs. He stated that he assumes that the Bill of Costs was then adjusted based on that objection - if it was not so adjusted, then it could have been forwarded for taxation. Councillor A. Vincent asked how much we have paid in legal fees to this law firm for the same property, ' or, has the firm's bill come in yet. Mr. Buck stated that the bill from the firm has already been in. Mr. Rodgers observed that the Bill of Costs is really the finalization of the case. Councillor A. Vincent advised that he was satisfied with this information. Councillor Gould noted that this particular bill is dated August 30th, 1973 and was received by the City Solicitor on June 24th, 1974. He asked that these bills in future be brought to the Council with as little delay as possible. ,.4-71 S-7A, On motion of Councillor Davis ,419 7 srA Seconded by Councillor A. Vincent T &Y/ - §Vf RESOLVED that in accordance with the request of the the Redevelopment • �� %� ttd Officer, approval be granted for payment of the account from Drummie, Drummie, Clark & Pappas in the amount of e7L $120.00 for reviewing the Bill of Costs on the properties known as 571 -573, 587 -591 and 597 -599 Main Street formerly owned by C. and G. Aranoff, that are required for the Viaduct programme - approval of the Partnership for such payment having been acknowledged, and the said account be charged against the Viaduct programme. In discussingthe request for payment of $950.00 to the A. E. McInerney Estate for legal and appraisal fees regarding acquisition of 23 -25 Dock Street, Mr. Buck advised the Council members that the solicitor who represented the Estate during negotiations is ill in hospital in another city and that another solicitor is 188 6/r Ay f%.ht; 0C.I nem A3f .s� 43r_ees Re - .Zohi »JF -2). 11QAP1i?1A(.6 .rlahh. f we-*s_ C0,0" 99- Aeyer $� � e /ash,, J>a,pkY6 Ac crhSe Cr !61 _W/cli& eehbee-14 7t-w- cay-1-ih e£ &C, C'��tah �P /• T/r*up/ seQy CC/ ISdvle five. e-'ree he e Wc7 representing the Estate. Councillor A. Vincent asked the name of the second solicitor involved in this matter, noting that Mr. Hugh Church was the solicitor during the said negotiations. Mr. Rodgers stated that he will have to check the background to obtain the answer to this question. When asked if he could • recall the name of the second solicitor, Mr. Buck was unable to do so. He clarified the fact that the said $950.00 is broken down into an amount of $450.00 for appraisal fees and $500.00 for legal fees. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the matter be laid on the table until the Council ascertains the name of the current legal representative of the A. E. McInerney Estate in the matter of the $950.00 appraisal and legal fees regarding acquisition of 23 -25 Dock Street. Question being taken, the motion to table was carried with Councillors Cave and Davis voting "nay ", On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the application from Mr. Douglas Hatfield, President of D. Hatfield Ltd., advising that he has no objection to the proposed re- zoning requested by Mr. George Kelley of Kelley Ignition Ltd. for 75 Golden Grove Road, and that he would like to have his own property adjacent to the said Kelley property, re -zoned to permit the erection of a restaurant and a ten -unit motel, be referred to the Planning Advisory Committee for its continents. On motion of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that the letter from Mr. Franklin 0. Leger of Palmer, O'Connell, Leger, Turnbull & Turnbull, Barristers, on behalf of Miss Daphne Guernsey of West Vancouver, B. C. who is the registered owner of a tract of land fronting on the Rothesay Road and the Drury Cove Road in the City of Saint John, requesting that the two "reserved" streets shown on the submitted plan be (closed by the Common Council taking the necessary steps and that the City, upon closure of the said streets, execute a quit claim deed to Miss Guernsey of the said two streets, and further advising that they will undertake to reimburse the City for expenses incurred in this regard, be referred to the Legal Department for a recommendation for the next meeting of Council. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the letter from Mr. and Mrs. H. Kenneth Trecartin of 366 Riverview Drive, Saint John West, again requesting that the remainder of Carleton Place, north of the throughway that has not been restored to the same condition that Carleton Place, south of the throughway, has been restored to, as set forth in their letter to Council on May 29th, 1974, be referred to the engineering staff for a report. Councillor Hodges noted that this section of street is in the same category as Algonquin Place, only the condition is worse; the street has been filled in and it is now higher than the sidewalk and curb and water collects there in winter and freezes; previously, there were concrete sidewalks and curbs and grass plots and a paved street, but this paved street is no longer there; in the last year, part of it was made into a grass plot but then a sewer line was put in and the debris from that excavation was tossed up which made the street higher than the level of the sidewalk. He noted that this street was,to be restored in the same manner, or as close as possible, to what it was like in the past - in addition, the problem is compounded by the fact that this street is now crossed by Riverview Drive, which was not the case previously. He called attention to the dangerous situation that there is a drop -off of at least 100 feet at the end of Carleton Place and that there is nothing to prevent a car from going over that precipice in foggy weather. He felt that the Province has been very negligent in its attitude in this matter and that these matters should be pointed out to the Premier at the forthcoming meeting to be held with him by the Council and he should be told that the Council wants action to remedy same. The Mayor commented that he understood that the City Manager had made some arrangement on this matter but had not passed on that information and.as a result the matter is now before Council in the form of this present request from Mr. and Mrs. Trecartin. He noted that Mr. Barfoot will be back in the city on August 23rd next. Councillor Davis proposed a motion that the matter be tabled, but there was no seconder. Councillor-A,.'Thncent voted "nay" to the motion. On motion of Councillor Cave Seconded by Councillor Davis RESOLVED that the letter from the Saint John Boys' and Girls' Club advising that because of lack of funds the recreational and social upgrading programme that is being carried on at the Wesley Centre on Grandview Avenue for the young people in that area will end on August 31st, 1974 and that the Club is prepared to continue this programme from September 1974 through June 1975 if the City of Saint John is prepared to provide the sum of $7,000.00 to supplement the available vol- unteer efforts, be referred to the committee on budget to see whether or not the City has any funds to allocate for this request. During ensuing discussion, Mr. Park advised that a report can be provided for the next meeting of Council on the situation on the grants appropriation in the 1974 budget. Question being taken, the motion was lost with the Mayor and Councillors Cave, Davis, A. Vincent and Pye voting "yea" and Councillors Kipping, Hodges, M. Vincent, Gould and Parfitt voting "nay ", thus creating a tie vote. On motion of Councillor Davis Seconded by Councillor Cave RESOLVED that the sum of $2,500.00 be given by the City to the Saint John Boys' and Girls' Club from the City's 1974 budget, for the purposes of the recreational and social upgrading programme for the young people in the Grandview Avenue area of the city that is being conducted at the Wesley Centre. On motion of Councillor Davis Seconded by Councillor Gould RESOLVED that the letter from the Saint John Housing Commission, L I 0 • r1 I r 189 d• " Sf- dated August 9th, 1974, advising that land adjacent to Thornbrough Street appears suitable for a non - c®qyyy. profit housing development under Section 15(1) of the National Housing Act, and requesting that this land be reserved for such use for six months pending completion of plans for utilization of the provisions of the National /(7� ®� _ J/ Housing Act for the development of ten units of non- profit housing -- be received and filed and the request complied with. In regard to the above noted request, Councillor Davis, chairman of the Land Committee, explained that ���� there have been a couple of applications for parts of this land from developers who want to build housing on this property and the feeling of the Committee and of the Saint John Housing Commission is that it might be wiser not to cut up this property and that better use of the land might be determined by waiting a few months and getting some proposals on the development of the total property. He felt that the Commission's request is quite re- ' asonable. MP40P7 26.14 SL . GYlc7ia��v,� aFsz�. L E G A L • 'Aeso aAm, 9/ �Y p eJr • �D6 /C° /L��D^ Councillor Davis suggested that the Common Council at this time reconsider the request of the Redevelop- ment Officer that the Council approve payment of $950.00 for legal and appraisal fees incurred by the A. E. McInerney Estate regarding acquisition by the City and Partnership of 23 -25 Dock Street. The Council members concurred in this suggestion. Mr. Buck advised that on April 18th, 1974, the Urban Redevelopment Office negot- iated with Mr. Hugh Church who was acting for the Estate, the beneficiaries of which are in at least two locations; the said Office wrote to Mr. Church stating they were prepared to recommend a settlement of compensation for all rights, title and interests, free and clear of all encumbrances and any claims of any nature whatsoever submitted on behalf of the present owner; Mr. Church responded to that on April 22nd confirming that their clients had authorized them to accept $72,000.00 for the property in question; this recommendation was made to Council by the Redevelopment Office; Mr. Church is no longer available on this case and another lawyer in the firm of Gilbert, McGloan, Gillis, Jones & Church is acting. Mr. Buck stated that he is still not certain as to which member of this firm is acting in this case - he believes it would be Mr. Gilbert, Junior, but he would be guessing that. Mr. Buck stated that the replacement lawyer in the case had contacted his client who said that in the meantime they had received the bill for $450.00 for an appraisal that was done for the owner by Mr. Roy de Stecher in the city, and the law firm had presented a bill of $500.00 for the firm's work. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from the Redevelopment Officer, advising that by resolution of April 22nd, 1974 the Common Council approved the acquisition of the freehold interest of 23 -25 Dock Street (F- 6 -19 -4) from the A. E. McInerney Estate for a figure of total compensation in the amount of $72,000.00 for all right, title and interests in this property, and that when this figure of compensation was negotiated it was the understanding that it would include all legal and appraisal fees, but the Urban Redevelopment Office has now been advised by the owner's legal representative that the owner's understanding was that the Estate would receive $72,000.00 and the legal and appraisal fees would be compensated by the City to the re- spective firms involved - and requesting the Council's approval for the payment of $950.00 legal and appraisal fees (comprised of $500.00 legal fees and $450.00 appraisal fees) incurred by the owners of the said properties, the approval of the Partnership of the payment of the said $950.00 having been acknowledged -- be received and filed and the request complied with. Discussion ensued on determining a procedure that would preclude the occurrence of additional costs to a negotiated price for a property, bearing in mind the City's experience in the foregoing matter. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that this meeting continue, in legal session. Consideration was given to a letter from the Acting City Manager which submitted a progress report from the Assistant Director of Works- Engineering relative to the flooding problem at the Titus Bakery property, 15 Prince Edward Street. The report states that some obstruction of the 18 -inch sewer has been found, and steps will be taken on the week -end of August 10th to determine the degree of this and to effect repairs if necessary, and that until this is done, it appears premature to come to any conclusions as to further steps that might be necessary to counteract the flooding tendency that has been revealed in the Titus Bakery area. Mr. Park reported verbally that the said area was checked from the viewpoint of design, and since then the work crews were on the job; the job over the August 10th week -end has been completed except for the paving work; the result of excavating work on August 10th was that it was found that the City sewer that flowed. from under the Bakery was in a collapsed state and has been replaced and service has been restored, and the problem seems to be settled; however, there is still the matter of responsibility in the matter of the Bakery claim. Mr. Rodgers recalled that in his letter to Council on July 29th last he had stated that a claim from Mr. Titus in this matter is being investigated by the City's insurance company and that the said insurance company at the time had denied liability but further investigation was taking place and he had therefore recom- mended that no action be taken by Council on the matter at this time as action by Council could prejudice the position of the City's insurance company. Councillor Cave withdrew from the meeting. It was noted that the above mentioned engineering report submitted by the Acting City Manager has not been communicated to the City's insurance company, but just to the Common Council at this meeting, which is why the matter is in legal session. Mr. Robichaud advised that the sewer that runs under the Bakery is a major trunk sewer and it collects from the catch basins; the low spot where water used to collect was at the Carmarthen Street intersection, but now that Prince Edward Street has been built up the low spot is in front of the Titus Bakery. On motion of Councillor Kipping Seconded by Councillor Hodges RESOLVED that the progress report from the Acting City Manager with regard to the flooding problem at the Titus Bakery, 15 Prince Edward Street, be received and filed. Mr. Rodgers advised that he will ask the City's insurance company for a report so that he will be able Ito make a report for the next meeting of Council in the above matter. On motion The meeting adjourned. Common C k. 190 W.4er S"RRIY A& /.7be closing br4l'th OgAv- -Vtwa) F /ate /nose c/ ® GLJY /�oore At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the nine- teenth day of August, A. D. 1974, at 7.00 o'clock p.m., present E. A. Flewwelling, Esquire, Mayor Councillors Davis,-Green, Gould, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent ..= Messrs. R. Park, Acting City Manager, F. A. Rodgers, City Solicitor, M. Zides, Municipal Planning Director, J. C. MacKinnon, Assistant Director of Works - Operations, P. Clark, Fire Chief, E. Ferguson, Chief of Police, D. Buck, Redevelopment Officer, and D. Carter, Economic Co- Ordinator The meeting opened with a prayer, which was invoked by The Reverend R. B. Stockall, of the Mission Church. The Mayor announced that on Monday next, he will name the working committee to be composed of Councillors and staff members to start implementing the organization report of Kates, Peat, Marwick & Co Councillor M. Vincent stated that on Friday, August 16th last,'he returned to the city from out of town and missed the announcement that afternoon on the radio concerning the condition of the city water supply; on Saturday, he received telephone calls from citizens about the situation, and he was able to obtain some information with the co- operation of the Acting City Manager. He felt that even though additional information has been brought to light on the subject, it would be well for the Council to make known what information it has at its disposal to the many concerned residents of the city, and he asked if there is any new information about the water in the areas of the city where it was announced the water condition was not at a safe level. The Mayor replied that this information was made available to the Councilors at their regular informal gathering, held on the afternoon on August 16th. He stated that this morning, the situation was declared well under control. On being asked to relate the details, Mr. Park advised that the Medical Health Officer of the Department of Health was talking with him this afternoon and advised that tests were showing that the areas that were of concern last week revealed that all were well under control and all were showing a normal state and condition of water, except for one minor area where there is a minor amount of contamination - apart from that, the Health Officer is completely satisfied with the measures taken by the Water Department to bring the situation under control and he is intending to carry on the testing and observations over the next few days before concluding whether the.effects that have been so far achieved are established as being of a permanent nature. Councillor A. Vincent took exception to the fact that the Council members were not apprised of the situation regarding the condition of the water supply in areas of the city by the Water Department and Department of Health as soon as it became known, and before it was made public and that the Council members first heard of it through the news media. He asked if it is not true that the water condition is because we are operating the Water and Sewerage Department, and have been operating it for over one year, with a shortage of nineteen permanent employees. He stated that he would like to have a report on that for next week; he stated he understands that the said Department is short nineteen permanent employees and does not have the trained people. In reply, the Mayor pointed out that the said water condition situation was announced on August 16th to the Council members, although he sees that the announcement probably should have been in written form with the agenda correspondence sent that afternoon to the Council members. He pointed out that it was not because of the fact that the Department was short of staff.that the problem was created or that the problem will be solved any faster by the amount of staff the Department has or does not have - it is caused by the summer weather conditions. He noted that other cities experience the same problem with their water supplies at this time of year. The Mayor recalled that there was some information given to the Council members about the said water condition situation last Monday night, August 12th. Mr. Park recalled that the Mayor gave the said information to Council after last week's Council meeting. Councillor A. Vincent stated that he was present at that meeting and he does not recall having received that information; he did not receive that information, and he wants to know why. The Mayor, in explanation, stated'that he was told on Friday that this situation was getting quite serious and he therefore suggested, with the guidance of people, that we should call in the District Medical Health Officer and a meeting was held with him and it was'at that meeting that we gave approval that an announcement be made, and the announcement was made right away because the word had reached Fredericton from whence we had a telephone call concerning this water situation. Councillor A. Vincent thanked the Mayor for this information. The Common Clerk stated that the necessary advertising took place regarding the proposal to terminate a 15 -foot lane commencing at Green Street and running south to Edith Avenue, and that no objections were received to same. No person was present to make objection or to offer continents regarding the said proposed closure of a fire lane. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the City of Saint John order the fee simple in the 15 -foot lane commencing at Green Street and running south a distance of 225 feet on one side of the lane and 200 feet on the other side of the lane to meet with Edith Avenue, and being located in the block between Richard Street and Regent Street, vest in the City of Saint John. On motion of Councillor M. Vincent Seconded by Councillor MacGowan � RESOLVED that further to the recommendation contained in the letter from the Land Committee, dated May 27th, 1974, which was adopted by Council resolution of May 29th, 1974, the City now give a deed of conveyance of one -half of the land of the portion abutting the following named property owners at no cost except to reimburse the City for all expenses incurred related to the advertising and to the associated matters at the time the actual conveyance takes place of the now closed 15 -foot fire lane which commences at Green Street and runs south to Edith Avenue, and which is located in the block between Richard Street and Regent Street, the said property owners being:- Ralph M. Black et ux, John W. Clarke et ux, Russell H. O'Donnell et ux, Elmer Trott et ux and Margaret Moore. At this time, a presentation was made by the South End Development Corporation Ltd., with Mr. Raymond J. Guerette, a member of the Board of Directors, making an additional verbal presentation on the 1 \J L r • J 0 r, n U SI 4o0W -Lpq e- .,4 u • u • L 191 Corporation's behalf, in summary of the points contained in the written.brief, which recommends that the City of Saint John consider designating the South End as a Neighbourhood Improvement Programme area under the National Housing Act, and allocating the funds to the South End that the Federal and Provincial Governments have al- located to Saint John under the 1974 Neighbourhood Improvement Programme to be spent by the City in the desig- nated areas to encourage the development of higher quality community environment - including secondary planning, improvements to municipal services, public utilities and social and recreational amenities. The brief states that the area the Corporation refers to for consideration by Council is the lower part of the central peninsula from Duke Street south, shown on the submitted map. Mr. Guerette noted that the Programme is not only for the improvement of environment of an area, but also for the making of loans to citizens of the area including landlords.,; to generally repair and rehabilitate their houses, and thereby uplift their community. He stated that the subject of the improvement of environment and services of an area is that which he was speaking to at this meeting (that is, the monies the City can have, of approximately 1.2 million dollars), and that the City can doo all of eight things with this money:- (1) select neighbourhoods for participation in development of improvement plans (the Corporation interprets this as being that the City can use monies for secondary planning in the South End); (2) acquisition of land to be used for medium and low - density housing for persons of low to moderate income; (3) acquisition and clearance of land to be used for social and recreational amenities; (4) construction of new, or improvement of existing social and recreational facilities; (5) development of occupancy and building maintenance standards to apply in the neighbourhood; (6) relocation of persons dispossessed by the Programme; (7) local administration of the Programme, including employment of staff, and so on; (8) placing loans for the improvement of commercial premises in the neighbourhood. He stated that with regard to this matter, the Government is willing to contribute up to fifty per cent of any programme that fits within this description; in addition to this, the Federal Government will contribute twenty -five per cent of the cost of any improvement of municipal and public utility services in the neighbourhood and, also, for the acquisition and clearance of land where the existing use is not consistent with the planned general character of the neighbour- hood. He stated that they do not as yet have any specific plan but they have been discussing this with the Urban Redevelopment Office staff; before any monies are allocated by the Federal Government specific programmes with cost estimates will have to be submitted with them to the Province (the New Brunswick Housing Corporation) and then forwarded to the Federal Government; at any time, these programmes can be changed, but, in any event, we have approximately 1.2 million dollars to be spent in a designated area. With reference to the secondary planning, he stated that it is.not complete at the moment -they only have a general idea of what they want to do. He stated that the Federal Government could very well think that the area of the South End is too wide and want the Corporation to reduce the area; at the moment, the Corporation is confident that the area it is suggesting wou:Ld be accepted by everybody and that the monies would be well spent by the City there. Mr. Guerette stated that there is another aspect to this Programme, and this is where the Corporation comes in - with regard to the Residential Rehabilitation Assistance Programme - it means that any home owner can borrow up to $5,000.00 to repair or to rehabilitate his premises providing his income is under $11,000.00 per annum; this is also available to landlords and it is available at the rate of $5,000.00 for each dwelling unit; the landlord must undergo some rent control for a period of five years; after the monies have been loaned and ownership remains in the home owner or in the landlord only half these monies need be repaid, which means it is a fifty per cent gain for the home owner; only the people in a designated Neighbourhood Improvement Programme area can borrow these monies; the City must designate the area first; another requirement is that there be a minimum standards by -law, which he understands the City has already enacted; therefore, by designating a certain area as a Neighbourhood Improvement Programme area the City is able to take monies from the Federal Government to improve the area generally and it is permitting the citizens within that area to borrow money to repair and rehabilitate their homes; it is on this aspect that the said Corporation will extend its co- operation and assistance - it is willing to go through all the neighbourhoods and urge the home owners and landlords to borrow money to repair their houses - the Corporation members are dedicated to undertaking this and to carrying it through and they believe that, together, the City and the residents of the South End can and will change the fact of the entire area, and the Programme can provide a welcome uplift to the entire community. He urged the Council to give the Corporation the opportunity it needs now to generate new life in the South End community, and that the Council give this application every consideration. General discussion ensued between Mr. Guerette and Council members on the subjects raised in the brief during which the question as raised as to whether other reports have been received by the City to date for designation of an area under the Neighbourhood Improvement Programme, and if there is a deadline for those reports. Mr. Buck made negative reply to both parts of this question. He confirmed the point that the Council, with regard to the matter now before it, is being asked to make a decision without seeing if there are other presentations being made from the city at this time. Mr. Guerette stated that the Corporation met on many occasions with Mr. Buck and his staff and they were of considerable assistance in helping the preparation of the report now before Council; the Corporation also met with members of the community organizations in the North End and in the West Side in Mr. Buck's office. When asked if any of the other organizations are as far advanced with their planning or their brief as the South End Corporation, Mr. Buck replied in the negative, and added that although the North End group is comparable, it is nowhere near as advanced as the South End Corporation. When asked if it is possible at this stage for the North End group to come up with a plan in time for the Council to make use of the 1975 Programme monies, Mr. Buck stated that he would need a week to consider this and come back to the next Council meeting in this regard. In reply to the question as to how long it will take the South End group to really get things organized so that the City can claim the Programme monies, Mr. Buck agreed that it is getting rather late in the year to do so, but he added that a recommendation will be forthcoming to the next Council meeting which will take into consideration the report from the South End Development Corporation Ltd. Also present at the meeting were the following members of the Board of Directors of the above named Corporation:- Mrs. D. J. Smith, Mr. Donald J. Smith, Dr. J. A. MacDougall, Dr. George Bate and Mr. F. D. Stanley. Discussion arose as to how much of the approximate Programme monies of 1.2 million dollars the Corporatic feels would be spent under its proposed planning with Dr. Bate stating he was sure that the full amount of 1.2 could be allocated for this purpose and that it would be so spent. He made the point that after these monies are allocated in 1974, we have four years in which to spend it, as he understands it; in 1975, there would be another allocation under the National Housing Act for another neighbourhood programme for other communities which would come through the Province, and the Province would allocate those monies. Noting that the Province was allocated 5 million dollars under this Neighbourhood Improvement Programme scheme, of which 1.2 million was designated for Saint John, Mr. Guerette felt that if we need more and the rest is available that we can probably get the rest of it because he does not believe that all the small communities are prepared for this for 1975• On motion of Councillor Kipping Seconded by Councillor A. Vincent RESOLVED that the submission from the South End Development Cor- poration Ltd. seeking allocation of the monies that are being allocated to Saint John under the 1974 Neigh- bourhood Improvement Programme by the Federal and Provincial Governments, by the City of Saint John designating the South End as a Neighbourhood Improvement Programme area under the National Housing Act, be referred to staff for facts and recommendations regarding this proposal and the alternative methods of proceeding which are open to the Common Council. 19y P,&#n.'4i dvi %- C'oJyJhs sdG� —LLB/ B/. Si %ver /"a //s sa4 -, li e AA�c P'eeft c?re' 7 pl�pw /pits, 0o',/va N6 e. Ouh. 4%g!"- veep,, R/66q..Dij s .if/sg. AV- M, pop Co -on• fiSg- e�'o u� On motion of Councillor Davis Seconded by Councillor Green • RESOLVED that in accordance with the recommendation of the Planning Advisory Committee, the Common Council assent to the sub - division, namely, Silver Falls Park Sub - division, Phase 5, shown on the submitted plan with respect to the extension of Michael Crescent about 760 feet to the west beyond its intersection with Cindy Lee Street. Councillor MacGowan at this time advised she had received today a letter from residents of the Silver Falls Park sub - division seeking information, as follows:- an up -to -date map of the sub - division (including the net -work of roads to be used during and after construction of the town houses); when will the playground and green -belt area be completed, and by whom; whose responsibility is it to have the dangerous situation resolved that is created when the dangerous gravel pits in back of Bonita Avenue and by the Co -op collect pools of water during rain storms. In reply to these three questions, Mr. Zides made reply:- (1) there would be no problem to provide the requested map; (2) this is a matter which lies between the developer and the Recreation and Parks Department, and, therefore, the answer would have to be obtained from them; (3) assuming it is a dangerous situation, he assumes it would be the responsibility of the developer or the owner of the property. This letter was given to Mr. Zides by Councillor MacGowan at this time with the request that she be given a copy of the letter and that Mr. Zides ensure that these residents receive the answers to their questions. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the letter from the Saint John Housing Commission advising that it has commenced its study of the Housing Task Force Report of 1971 and that the Commission is of the opinion that co- operative housing is a matter of growing interest and is a partial solution to some of the housing problems and that the Commission is also of the opinion that the following recom- mendation, which is recommendation III.I(l.l.l.) in the said Report on co- operative housing developments and which states, "That the City encourage church groups, service groups, unions, fraternal organizations, and private groups to promote and become knowledgeable regarding co- operative housing. ", should be adopted in principle by the Common Council, be received and filed and the said recommendation III.I(1.1.1.) of the Housing Task Force Report of 1971 be adopted in principle. On motion of Councillor MacGowan Seconded by Councillor Gould w/a��ida0ai/ RESOLVED that in accordance with the recommendation of the Saint ]-d, ��hW ;.Ia* John Housing Commission, all real estate agents be requested to inform the City Land Committee of land available for sale from time to time to enable the said Committee to determine if such land would be desirable for acquisition for land assembly purposes. Consideration was given to the following correspondence regarding the proposed closure of a portion of McLeod Street, from its intersection with St. Anne Street and running in an easterly direction its entire length and width:- from Mr. A. J. Debly, solicitor for Reverend J. R. Logan and Mr. Joseph Logan, advising that after meeting with the solicitor for Mr. Manford Thompson it was decided that the only section of McLeod Street which Mr. Debly's clients are objecting to closing is that section adjacent to their property (at 22 and 26 St. Anne Street) and, therefore, his clients have no objection to closing Been z , }?, McLeod beyond that section, being 100 feet easterly from St. Anne Street; from Woodside Park Ltd., per Mr. Manford M. Thompson, asking that the Council close that portion of McLeod Street lying east of St. Anne Street commencing at the eastwardly boundary of the Logan lots so that the Logan lots which front on al/, /`_ �5��� McLeod Street would not be closed, and advising that Woodside Park Ltd. will be bearing the cost of m servicing that portion of McLeod Street east of St. Anne Street, and requesting that the City deed that F� portion to be closed to Woodside Park Ltd. On motion of Councillor M. Vincent to 7X*mRs ,eP7 On motion The meeting adjourned. W4A�� CommN Clerk. • I Seconded by Councillor Gould pl L� /ash RESOLVED that the by -law entitled "A By -Law to Amend a By -Law JT/C� c Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 186A of the Municipalities Act and Amendments Thereto' with respect to the closing of the fol- lowing portion of McLeod Street:- beginning at a point measured eastwardly 100 feet from the intersection of McLeod Street and St. Anne Street and running in an easterly direction its entire length and width - be read a first time. Read a first time 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 Made Under the Authority of Section 186A of the Municipalities Act and Amendments Thereto ". On motion of Councillor Hodges Seconded by Councillor M. Vincent 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 Made Under the Authority of Section 186A of the Municipalities Act and Amendments Thereto' with respect to the closing of the fol- lowing portion of McLeod Street:- beginning at a point measured eastwardly 100 feet from the intersection of McLeod Street and St. Anne Street and running in an easterly direction its entire length and width - be read a second time. Read a second time 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 Made Under the Authority of Section 186A of the Municip- alities Act and Amendments Thereto ". On motion of Councillor Higgins 40 Seconded by Councillor Gould RESOLVED that the above named letters, from Mr. A. J. Debly, Barrister, and from Woodside Park Ltd., per Mr. Manford M. Thompson, be received and filed. to 7X*mRs ,eP7 On motion The meeting adjourned. W4A�� CommN Clerk. • I Y - 193 At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty -sixth day of August, A. D. 1974, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye and M. Vincent and - 1 Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Assistant Director of Works- Operations, C. Robichaud, Assistant Director of Works - Engineering, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, P. Clark, Fire Chief, C. E. Nicolle, Director of Recreation and Parks, A. Ellis, Building Inspector, D. Carter, Economic Co- Ordinator, F. Grass, Information Officer, and C. J. Farrell, advisor to the City ' The meeting opened with a prayer which was invoked by Reverend T. G. Kennedy, of St. Joseph's Parish, Loch Lomond. On motion of Councillor Green L Seconded by Councillor Cave RESOLVED that minutes of the meeting of Common Council, held on August yy �OLL/jC /�OD 12th last, be confirmed. Councillor Cave stated he would like included in the above minutes his comments regarding the lack of reporting by the local press of his statements at Council meetings. On motion of Councillor Hodges Seconded by Councillor Davis RESOLVED that minutes of the meeting of Common Council, held on August 19th last, be confirmed. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the Acting City Manager, approval be granted for payment of the invoice from Stephen Construction Co., Ltd., dated July 31st, 1974, in the amount of $2,057.00, for equipment rental to the Works Department during the period July 16th to 31st, 1974. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that the report of the Water and Sewerage Division of the repo P°2' Works Department for the month of July be received and filed. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Acting City Manager, approval be granted for payment of the invoice from Stephen Construction Co., Ltd., dated August 15th, 1974, in the amount of $31,208.95, for asphalt supplied to the Works Department during the period August lst to $°ed/ 15th, 1974. On motion of Councillor Green Seconded b- Councillor Hodges RESOLVED that in accordance with the recommendation of the Acting City �1e� ✓ /T�" Manager, authority be granted for payment of the following construction progress certificates and approved invoices for engineering - ervlce:, in connection with projects that have been undertaken under the Department of ^11=4p". +Tt Regional Economic Expansion programme: - ,1�o75:O/s Courtenay Bay Causeway Approaches (a) A. D. I. Limited Engineering Services, Western approach D.. T "-I /9. Payments previously approved $ 90,649.56 Sum recommended for payment, Estimate Number 27, June 28, 1974 $ 11,392.09 C1�yz�.3c� (b) A. J. Callaghan & Associates Engineering Services, Eastern approach Ve .49.55 OC. Payments previously approved $ 64,690.44 Sum recommended for payment, Estimate Number 28, July 31, 1974 $ 8,683.25 /�� R BY• Res/ I 2. Western Residential Area Collector Sewer Rp,g?a rp // Q. E. D. - Interprovincial Engineering Sewer services ew Payments Payments previously approved $ 86,821.49 _ Sum recommended for payment, Certificate Number 33 June 30, 1974 $ 304.71 �+ 3. McAllister Industrial Park, External Sewer Supply •�qG� and install 30" sanitary sewer �%y.� Gerald J. Ryan Company Limited cC�P� Total value of contract $ 145,560.00 �S Total work done, Estimate Number 4 $ 151,920.65 �� Retention 15% 22,788.09 A ��q C ®,,` Payments previously approved 119,679.58 Stun recommended for payment ertificat umber 4, 5u1y 31, 4 1 $ 9,452.98 L 194 �QComge ` 1dot 4. Hazen Creek S. T. P. pwo. JJ_ pJW ".0 L Godfrey Associates Limited • �s PAW"?, services Payments previously approved $ 13,757.94 Sum recommended for payment, Certificate Number 25, July 31, 1974 $ 778.02 On motion of Councillor Hodges Seconded by Councillor Pye 0<0674 RESOLVED that in accordance with the recommendation of the Acting City Manager, authority be granted for the City of Saint John to make application to Central Mortgage and Housing Corporation for a loan estimated in the amount of $909,360.00 regarding the Milford-Randolph- �!O /� Greendale Collector Sewer and the Western Industrial Trunk Sewer, Phase II - Pumping Station and Force - 67 T / main, the estimated amount for the Milford - Randolph - Greendale sewer project being $213,360.00 and the 44/ l�/ fte" estimated amount for the Western Industrial Collector Sewer, Phase II - Pumping Station being $696,000.00. ( %!C Seconded by Councillor M. Vincent Mr. Barfoot advised that the tenders for construction T RESOLVED that the letter from the Acting City Manager, further to Common Council resolution of July 15th, 1974 which authorized the calling of tenders for a 75 -foot of the Milford - Randolph - Greendale Collector Sewer have been received and referred to the consulting engineers for a report and recommendation. telescopic aerialscope for the Fire Department to replace a 1942 85 -foot aerial ladder truck, advising , On motion of Councillor Cave that it appears that there is only one supplier of this particular type of fire apparatus, and there is Jv�T�C6/ only one representative in Eastern Canada, namely, Safety Supply Co. in Halifax, and accordingly, the aJdC/% J CD- calling of tenders serves no purpose, be received and filed and authority be granted for the City Manager RESOLVED that as per the recommendation of the Acting City Manager, and the Purchasing Agent to negotiate a purchase price for this equipment and upon satisfactory con- IS P �e�� approval be granted for payment of the following invoices for equipment rental: - clusion of negotiations to report the result to Common Council for authority to make the purchase. s -eTl,�Vp CP Stephen Construction Co. Ltd. - to the Works Dept., Councillor Gould entered the meeting. On motion of Councillor Kipping ' L O. /46e- •C (Streets) (dated August 31, 1974) $2,558.00 Seconded by Councillor Cave D. Hatfield Ltd. - to the Works Dept., July 16 -31, 1974• RESOLVED that as per the recommendation of the Acting City Manager, ID.)VQIY;�?ld Papproval be granted for payment of the following invoices for equipment rental: - `'�jjC,f►rI Sl/IFS; hitticks (1962) Ltd. - to the Works-Dept., July 16 -31, 1974 Zed (Water & Sewerage) (dated July 31, 1974) $ 3,120.00 On motion of Councillor Pye D. Hatfield Ltd. - to -the Works Dept. July 16 -31, 1974 1 %?Ar`Ae (dated August 6, 1974) $15,477.86 • Xfv. RESOLVED that in City Manager, be for accordance with the recommendation of the Acting invoice On motion of Councillor MacGowan approval granted payment of the Seconded by Councillor Pye 0<0674 RESOLVED that in accordance with the recommendation of the Acting City Manager, authority be granted for the City of Saint John to make application to Central Mortgage and Housing Corporation for a loan estimated in the amount of $909,360.00 regarding the Milford-Randolph- �!O /� Greendale Collector Sewer and the Western Industrial Trunk Sewer, Phase II - Pumping Station and Force - 67 T / main, the estimated amount for the Milford - Randolph - Greendale sewer project being $213,360.00 and the 44/ l�/ fte" estimated amount for the Western Industrial Collector Sewer, Phase II - Pumping Station being $696,000.00. ( %!C In reply to a query from Councillor Higgins, Mr. Barfoot advised that the tenders for construction V1_ /D T D of the Milford - Randolph - Greendale Collector Sewer have been received and referred to the consulting engineers for a report and recommendation. , On motion of Councillor Cave Seconded by Councillor Pye C RESOLVED that as per the recommendation of the Acting City Manager, IS P �e�� approval be granted for payment of the following invoices for equipment rental: - s -eTl,�Vp CP Stephen Construction Co. Ltd. - to the Works Dept., August 1 -15, 1974 L O. /46e- •C (Streets) (dated August 31, 1974) $2,558.00 D. Hatfield Ltd. - to the Works Dept., July 16 -31, 1974• ID.)VQIY;�?ld (Water) (dated August 6, 1974) $5,696.59 Xeot- On motion of Councillor Pye • Seconded by Councillor Cave op�P/g j RESOLVED that in City Manager, be for accordance with the recommendation of the Acting invoice approval granted payment of the from Dexter Construction Ltd., dated August [.O 15th, 1974, in the amount of $7,444.95, for crushing gravel for the Works Department during the period .Pe�� July 1st to 31st, 1974. On motion of Councillor Cave 746_77 er Cae, 7 Seconded by Councillor Green ' .L RESOLVED that as recommended by the Acting City Manager, the tender ;Fe-)a Y J,— g of Thomas Industrial Sales, of Fredericton, N. B., in the amount of $10,511.00, for the supply of a ho/% boiler for the Rothesay Avenue heating system, be accepted, this being the lowest tender received. 7�io�r�s %aof.�s 26"/Q/ On On motion of Councillor Higgins Seconded by Councillor Kipping RESOLVED that the reports of the Fire Department and the Building I and Inspection Services, including the Plumbing Division, for the month of July, 1974, be received and �0�,/A iled. Councillor Parfitt stated she would like to commend the City's Parks Department and Civic Improvement and Beautification Committee for the lovely mini park being created at the corner of Leinster and Wentworth Streets on land owned by Centenary -Queen Square United Church. Councillor MacGowan, chair - L�(°OJq an of the said Committee, stated that the Committee has received a two -year commitment from the said Church for use of this land as a mini park. On motion of Councillor Green 11 Seconded by Councillor Kipping • COG��ri�D�6° r RESOLVED that the Financial Statements for the month of July 1974 m . e received and filed. C16sO, r 195 On motion of Councillor Green R."W. Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the Acting City ��ss Manager, Amendment No. 23 to the Agreement between the Province and the City concerning the Hazen Creek sewerage q5� 1.7— rj'wa7 treatment plant, be approved and authority granted for the Mayor and Common Clerk to execute the said Amendment 1 t- No. 23 on behalf of the City of Saint John. /e2O7O9 /O7 eS�O°// /GAS /moro -�or/, Cod rrq. CON 40 Stae� ��y /yoai r��J On motion of Councillor Kipping Seconded by Councillor Hodges RESOLVED that the letter from the Acting City Manager, advising that the Economic Co- Ordinator was recently approached by the Social Services Council of Saint John and asked to assist them to search for (a) funds to carry out a comprehensive study of social needs and resources in the community; and (b) funds to strengthen the Social Services Council through the addition of a social planner to the staff and as a result of such request Mr. Carter organized a meeting of various officials as outlined in the said letter, and further advising that there are at least two alternative approaches to social planning in Saint John and staff would appreciate preliminary guidance from Council as to which alternative Council prefers, namely:- (a) to establish and staff a social planning unit in the Planning Department of the City; or (b) for the three levels of government to assist the Social Services Council to carry out social planning, be received and filed and Council approve of having the three levels of government assist the Social Services Council to carry out social planning. Councillor Davis noted that the Federal Government has not yet indicated it is willing to assist the cial Services Council in carrying out social planning although they are aware of the problem and he would pe in the near future they will come forward with a specific proposal. On motion of Councillor Higgins Seconded by Councillor Pye 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the following portion of McLeod Street:- beginning at a point measured eastwardly 100 feet from the intersection of McLeod Street and St. Anne Street and running in an easterly direction its entire length and width, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in City of Saint John Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments eto" was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Cave Seconded by Councillor Higgins RESOLVED that the letter from the City Solicitor with respect to what ' L 4�p steps are required by Council in order to have a recall provision in existence for the recall from office of / S!/Ci to anyone elected to municipal office in Saint John, as requested by Council at its meeting held on June 26th last, advising that if Council wishes to have the recall procedure reinstituted and made part of the municipal J election process, Council may take one of two steps, namely:- (1) request that the Provincial Government make Pa"oe63Wdff-- a provision in the Municipalities Act for recall procedure which if enacted would apply throughout the Province; ?2e CL90 -on /A or (2) Council may attempt under Section 14 of the Municipalities Act to request that the Lieutenant- Governor- /�%dyt�iiEi in- Council by regulation restore the recall process as contained previously in the City Government which, if ,t einstituted through this manner, would only apply to the City of Saint John, be received and filed for future consideration. • 0 Wssve. t1p6a" yam �a�iGL e n.� C /�a1r J • � 9'bfl�hyy %� Ca®. L Councillor Davis suggested that the Department of Municipal Affairs might be approached to ascertain f they have plans for the provision of such a clause in the Municipalities Act. Councillors Cave and Higgins oted that Council requested the above -named report and it is being supplied to Council for information. ouncillor Higgins further stated that if in the future the Council has need of such a procedure it is in a osition of knowing what is required. Councillor Kipping stated he would prefer` to have the question of ecail procedure dealt with at this time and that to clarify his previous remarks on this question, he is wising this subject as he feels that the democratic election system is not complete if it provides only for Lection and that in his opinion there must also exist a procedure for removal from office when required. ouncillor Parfitt suggested that the recall procedure should be discussed at the next meeting of the Cities of ew Brunswick. On motion of Councillor Hodges Seconded by Councillor Davis RESOLVED that the letter from the City Solicitor with respect to the nest received by Council at its meeting held on April 22nd last from the New Brunswick Bakers Association to e the existing Bread By -Law amended so that white bread in the City would be standardized to a 20 ox. loaf in all other areas in the Maritimes, advising that the New Brunswick Bakers Association have appeared before ncil several times over the last 15 years and in 1958, a request was made that the 24 oz. requirement be minated, and after several meetings Council enacted the by -law requiring the 24 oz. loaf, and recommending t Council permit the New Brunswick Bakers Association to appear before Common Council and be given the ortunity to state their views and requests as to why they believe the by -law ought to be amended, be received filed and the recommendation adopted. On motion of Councillor Davis Seconded by Councillor Higgins RESOLVED that the letter from the Redevelopment Officer advising that September 8th, 1969 Council approved the acquisition of ten parcels of land from the Saint John Harbour idge Authority for the sum of $271,000.00 and also that various parcels of land be sold to the Harbour Bridge thority for the sum of $44,724.00, and at that time, no provision was made for costs in the transfer; that on gust 20th, 1971 a meeting between Common Council and staff and the Saint John Harbour Bridge Authority agreed at the "City of Saint John shall undertake to pay to the Saint John Harbour Bridge Authority any, and all, asonable and proper cost, charges and expenses which may be incurred by the Authority by reason of negotiation d execution of any agreements or conveyances in connection with such agreements, applications to a commission to the Federal or Provincial Governments or other authorities having jurisdiction in the matter ", although is item while appearing in the minutes of the said meeting was never ratified by Council; that the'ICity Licitor is in the process of closing with the Authority who have presented two accounts, one in the amount of ,182.00 from Clark, Drummie & Company acting for the Authority as legal costs and the sum of $1,425.90 for 196 3r. e ArxG pia, ley S'vu�/i •End ,a hea API / /C°a 2(i 04#9 ®/e mom, _114?PWiett 9% I- CW01-ne ° , Civv .4/7, I A���0��7/ Leyy Cam. /�• �� T .wayside ?>p. � A* c 09 514,WP3 Idoe 6 e C. 0. oe^ , 6, / 95 t 9� Boor 73) e.ee. uae goa- ,x6, //'938 f�roei 4?49Vt. �'. ✓ 1 ns�us - �OD %�� survey charges in connection with the survey incurred by Murdoch Lingley Limited, and requesting Council's approval of the said two invoices so that title transfer can be effected, be received and filed and • authority be granted for the payment of the two invoices above noted. Councillor A. Vincent entered the meeting. Councillor Hodges noted that Council authority was granted in 1969 for transfer of the said properties. Mr. Rodgers stated that the said property transfer is just now being concluded. On motion of Councillor Higgins Seconded by Councillor A. Vincent , RESOLVED that the City select the area of the South End bounded on the north by the rear of the properties fronting on the North side of Duke Street, on the East by Courtenay Bay, on the South by Saint John Harbour, and on the West by Prince William and Canterbury treets, as its 1974 neighbourhood rehabilitation program, and that the Mayor-, and Common Clerk be authorized to execute on behalf of the City a formal application to the Provincial and Federal Govern- ments for funding of the said programme: AND FURTHER that the letter from the Redevelopment Officer, dated August 22nd, 1974, with respect to the said neighbourhood improvement program, be received and filed. ' 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 begs leave to report that it sat on August 12th, 1974, when there were present r Flewwelling, and Councillors Davis, Gould, Hodges, Kipping, Parfitt,_Pye, A. Vincent and M. Vincent, • your Committee begs to submit the following report and recommendation, namely:- That approval be granted for payment of the following invoices from Peat, Marwick and Partners:- Professional fees incurred up to April 30, 1974 on the City's behalf during the search for a City Manager for the City of Saint John - invoice dated May 15, 1974 $ 2,000.00 Out -of- pocket expenses incurred during the period May 1 to 31, 1974 during the course of a recently concluded search assignment for a Chief of Police on behalf of the City of Saint John - invoice dated June 18, 1974 $ 35.00 Professional fees incurred on the City's behalf up to May 31, 1974 during the search for a City Manager for the City of Saint John - invoice dated June 18, 1974 $ 775.00 AND FURTHER that the letters submitted with the above named invoices be received and filed. Respectfully submitted, (sgd.) E. A. Flewwelling, August, 1974,. C h a i r m a n. t John, N. B. On motion of Councillor Cave Seconded by Councillor Higgins RESOLVED that the above report be received and filed and the • tion contained therein adopted. Councillors Green and M. Vincent voted "nay" to the above motion. On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that as recommended by the Land Committee, authority be anted for the purchase of 35,850 square feet of land on Bayside Drive from Canadian National Railway r the sum of $35,850.00, acquisition of this property being required to facilitate the widening of yside Drive. On motion of Councillor Pye Seconded by Councillor M. Vincent RESOLVED that as recommended by the Land Committee, authority granted for the purchase of a two - family dwelling located at 491 -493 Bayside Drive and 63,245 square t of land from the New Brunswick Electric Power Commission, for the negotiated price of $28,500.00, uisition of this property being required to facilitate the widening of Bayside Drive. ' In reply to a query from Councillor A. Vincent, Mr. Farrell advised that the City was told that house located on this property would have to be removed by July 15th last and the Provincial Govern - t gave approval to the City to have such house removed pending completion of negotiations for purchase the property. Councillor A. Vincent stated he believes this item should be referred to legal session a complete report as it is his understanding that this property may not be required for the said road Councillor A. Vincent voted "nay" to the above motion. On motion of Councillor M. Vincent • Seconded by Councillor Hodges RESOLVED that as recommended by the Land Committee, Saint John strial Parks Ltd. be reimbursed in the amount of $1,107.52 for 3,461 square feet of land that was ired from Lot 2A on Grandivew Avenue, which is owned by the said Saint John Industrial Parks Ltd., was used for straightening out the roadway. A r, 10 �pyl l ® ?sky opoo RcFelnded 6y C.'C• 0,, �Pr, /,2, <P�oi 3A-, 73. L Awk /14 C0�95Z�a7iAC� S� R4 i ,q-4 S,al•� 1 On motion of Councillor Green Seconded by Councillor MacGowan RESOLVED that as recommended by the Land Committee, the freehold interest in property located at 300 Watson Street, Saint John West, be sold to Mr. Ian Donald for the appraised value of $6,900.00. On motion of Councillor Pye Seconded by Councillor Gould RESOLVED that as recommended by the Land Committee, that portion of McLeod Street beginning at a point measured easterly 100 feet from the intersection of St. Anne Street and McLeod Street and running in an easterly direction its entire length and width, containing approximately 4,500 square feet, as shown on the submitted sketch, be sold to Woodside Park Ltd. for the appraised value of $2,300.00. Councillor MacGowan voted "nay" to the above motion. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that as recommended by the Land Committee, authority be granted for the necessary advertising to close a portion of Constance Street, as shown on the submitted sketch, having a frontage of 60 feet on Natalie Street and extending a depth of 180 feet, containing a total area of 10,800 square feet: AND FURTHER that upon the closing of the above noted portion of Constance Street, the said area be sold to Roy's Midway Limited for the appraised value of $6,300.00, acquisition of this property by the said firm being required for the erection of a steel building for the purpose of office space and truck storage. On motion of Councillor A. Vincent Seconded by Councillor Pye RESOLVED that as recommended by the Land Committee, the City lease to the Saint John Power Boat Club for the sum of $1.00 per annum, the area of land shown coloured red on the submitted plan and to contain the following conditions:- (1) the term of the lease be year to year with twelve months notice required by either party to terminate the lease; and (2) the purpose of the lease is for the Club to use ,the area for landscaping, parking and fencing, and that the Mayor and Common Clerk be authorized to execute the Lease for the above property. On motion of Councillor MacGowan W _ Seconded by Councillor Hodges L i y1e, 1 RESOLVED that as requested by the Civic Improvement and Beautification 0�� Committee, the matter of City -owned property located on the former Raynes Avenue be referred to the appropriate // civic departments for a proper legal survey and recommendation with respect to the condition and present use of �a sdq this property. CQy�o�he On motion of Councillor A. Vincent Seconded by Councillor Higgins RESOLVED that as requested by the Civic Improvement and Beautification Committee, the Common Council ensure that adequate green areas, mini parks, concrete sidewalks and curbing are provided in an area which will be designated by the City to qualify for the Neighbourhood Improvement Programme %%kAws ®B�✓lf9E' grant: /sue a AND FURTHER that the letter from the said Committee, advising that the Committee will be pleased to M1_�work with organizations in the area to be so designated by the Council, in order to ensure that the visual _11environment of the community will be improved, be received and filed. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Housing Commission, advising that at a meeting of the Commission held on August 20th last, the following resolution was adopted, J namely:- "Resolved that the Common Council be informed that to obtain the benefits of Section 15(1) of the VIM National Housing Act it is necessary to have a non profit corporation acceptable to Central Mortgage and Housing orporation, that the Housing Commission in order to ensure compliance with Section 15(1) proposes to incorporate a separate corporation of which the Directors would be the members of the Saint John Housing Commission ", be received and filed and the Commission informed that the Common Council concurs in the said proposal. On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that the Common Council at this time approve the establishment of a Community Appeals Review Board and that the Nominating Committee be requested to submit appointees to the t� p said Board using the submissions received by Council from the Consumer- Business Information Bureau on various r/ ��C71S occasions as a guide for the list of appointees. e1/�f/ Aaw. eolam. Councillor MacGowan noted that on November 18th, 1969 the Common Council approved in principle the ' establishment of a Community Appeals Review Board and she would like to see action taken on this matter without further delay. Councillor Green stated he had hoped this matter would have been further discussed in Committee of the Whole before a decision was made, as he is concerned that certain service and charitable groups in the City will be required to submit financial statements for the information of the said proposed Board. On motion of Councillor Cave Seconded by Councillor Green • RESOLVED that the above motion be laid on the table for further information. Question being taken, the motion to table was lost by a majority vote. Question being taken, the original motion was carried with Councillor A. Vincent voting "nay ". 198 /50/ " em L-& On motion of Councillor Davis cim,o9 G° /� /O D' Ay L Seconded by Councillor Higgins • RESOLVED that Councillor Pye be appointed a committee of one to study the matter of the Bicycle By -Law and submit recommendations on same to Council. Councillor Pye stated that it has become increasingly dangerous for pedestrians to traverse the sidewalks of the City because of cyclists and he would suggest that the area bounded on the east by Carmarthen Street, on the south by Princess Street, on the west by Prince William Street and on the north by Union Street, should be off - limits to bicycles and tricycles in the city as they present a danger to pedes- / trians. He stated that approximately five yea`1�4,, upon request from the Chief of Police, he compiled a bicycle by -law which was not adopted by the Common Council at the time. 01 e/yele Councillor MacGowan suggested that the feasibility of bicycle lanes also be studied. ' On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that the letter from The Saint John District Labour Council advising that the Council fully supports and recognizes the need for an additional rescue vehicle tt•�v for the City and respectfully requests Common Council to authorize additional personnel for the operation of a second vehicle, bereceived and filed and referred to the budget committee. �La$ Cd[�e/ , .ieEO/rCa �/�� /e On motion of Councillor Higgins 0bO01�pct Seconded ..by.Councillor_M._Vinnent RESOLVED that the letter from Mrs. Carol Fenton, Recording ,,JJ (� Secretary, Co- Operative Housing Services Limited, advising that the said organization wishes to go on �Isl d record as endorsing the proposal of the South End Development Corporation to have the South end, as �s Vf Ge`-V 9 "- defined in the Corporation's proposal, designated as an area such as to qualify for the Neighbourhood .JO!!f11 0.0 Improvement Program grant and to have the total amount for 1974 allocated to the South End Development L'Ohp; Corporation in accordance with the regulations under the National Housing Act, for the reasons outlined, 6¢il�j /per be received and filed. • T� On motion of Councillor Higgins RA0167 10,44 %l%O®/Ie 04aim nahn, �- C'Omm. Zdv eo.or/rr o ee X.71 re n ,(.Ike ��f� P/pe rw eat Camoor X*- d AvmsqGfo7SA A✓Q%p. 574dwl.J -, wic -eco, B+�l9e V/1Ai?il /P��/ Ol9 C'o/rrm /' emen, 22Q V/.F, j-.?, C.r�Qkw N� F.� Y* 0. 21 des Seconded by Councillor Hodges RESOLVED that the request of Mr. Stephen Mosherfor permission to locate a mobile home on a lot in Lakewood for a temporary period'of time, be referred to the Planning Advisory Committee for a report and recommendation. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the application of Maritime Sod Ltd., to have property located on Somerset Street, containing an area of approximately 82,000 square feet, rezoned to permit ' construction of an office warehouse, be referred to the Planning Advisory Committee for a recommendation, and that authority be granted to proceed with the necessary advertising regarding the proposed re- zoning. Consideration was given to a recommendation from the City Manager, that the tender for the supply and installation of pipe for partial replacement of the Spruce Lake intake section of the Musquash water supply project be awarded to Canron Limited, in the amount of $29,596.00, being the lowest tender received, and that a purchase order be placed by August 30, 1974, in order to meet the delivery date of October 10th, 1974. Councillor A. Vincent proposed a motion, which was not seconded, that the matter be laid on the table and a special meeting of Council be held to deal with the whole subject of the Spruce Lake project as he would like to know the legal complications involved. In reply to a query from Councillor M. Vincent, the City Solicitor advised that he does not feel that the acceptance of this tender would affect the matter of attempted restitution by the City of the costs of the original pipe. On motion of Councillor Pye Seconded by Councillor Kipping RESOLVED that as recommended by the City Manager, the tender for the supply and installation of pipe for partial replacement of the Spruce Lake intake section of the Musquash water supply pproject be awarded to Canron Limited, in the amount of $29,596.00, being the lowest tender received, and that a purchase order be placed by August 30th, 1974, in order to meet the delivery date of October 10th, 1974. Question being taken, the motion was carried with Councillors Green and A. Vincent voting "nay" On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that the report of the Nominating Committee, dated August 1974, be considered in open session. On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that as recommended by the Nominating Committee, the Dllowing be appointed a committee to set up a timetable and a plan for the implementation of all, or Drtions of, the K.P.M. Organization Study Report, recommendations of the Committee to be submitted to ommon Council for approval or otherwise: Councillor Samuel Davis, Councillor Fred Hodges, Councillor Fred eve, D. H. Garey, Secretary, members of the proposed Executive Committee as recommended in the K.P.M. eport (namely, N. Barfoot, City Manager, R. Park, Commissioner of Finance, G. Baird, Executive Director f Economic Development, M. Zides, Director of Planning and Executive Director - Operations, which is vacant t present), and other senior staff members as required. In reply to a query from Councillor A. Vincent, the Mayor stated that any Councillor may appear the said Committee. u • I r 199 ilv(rinft 6y C. C.0. 5 d.23) i9 '7� re" werS On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the lowest tender in each instance be accepted for the demolition of properties situate at 216 Sydney Street, 426 City Line and Market Place, corner of Winslow Street, as follows:- B. A. Ackroyed Demolition and Construction Ltd. in the amount of $1,400.00 for demolition of 216 Sydney Street; Chitticks (1962) Ltd. in the amount of $550.00 for demolition of 426 City Line; and B. A. Ackroyed Demolition and Construction Ltd. in the amount of $1,900.00 for demolition of the property on Market Place. �I/7. /7CFf Councillor Hodges stated he is not satisfied with the condition of lots following demolition of properties by contractors. Councillor A. Vincent noted that contractors sometimes cause damage to sidewalks �i�C LS and green areas during demolition work and repairs to same are never carried out. Discussion ensued on the responsibility of the contractor in such situations and the authority of the City in seeing that sites are properly cleaned up. Mr. Barfoot suggested that a complete report could be prepared by staff on the whole subject of property demolitions. /er,7)760�� On motion of Councillor Higgins Seconded by Councillor Gould Owe" Q RESOLVED that this meeting continue, in legal session. Councillor A. Vincent voted "nay" to the above motion. Councillor Cave withdrew from the meeting at this time. L E G A L On motion of Councillor Kipping Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor with regard to the flooding problem at the Titus Bakery, 15 Prince Edward Street, advising that the City's insurance company has �� retained a firm of consulting engineers for an independent opinion on the design and that the solicitor for the said insurance company requests that the City take no action involving the change in design or installation of any other drainage basins in this area until the final opinion is available, and recommending that the Common e.w Council take no action on this matter at this time, be received and filed and the recommendation adopted. On motion C/�5 /yi5 The meeting adjourned. Common Cler . At a Common Council, held at the City Hall, in the City of Saint John, on Tuesday, the third day of September, A. D. 1974, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Hodges, Kipping, MacGowan, Pye, Parfitt and M. Vincent • II - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon,' Assistant Director of Works - Operations, M. Zides, Municipal Planning Director, I. Bruhier, Assistant Development Officer, E. Ferguson, Chief of Police, R. Dhar, City Architect, A. Ellis, Building Inspector, and D. Carter, Economic Co- Ordinator ' The meeting opened with a prayer which was invoked by Reverend Seth Crowell, of Forest Hills United Baptist Church. The Common Clerk advised that the necessary advertising took place regarding the proposed amendment to the Zoning By -Law to change the present maximum height limitation of 200 feet to 400 feet in the City's �� — �,�� central business district. He stated that a brief has been received from the Saint John Heritage Trust in ~p74;% opposition to the proposed change. !mep7t Mr. John McAvity, spokesman for the Saint John Heritage Trust, was present at the meeting and stated g. Aje/ khat his group would like to have answers to the following questions raised in their brief, namely:- (1) How %LLyy d5e.0j2�,M much will new sewage mains cost for Brunswick Square Tower, and for a host of other possible high density ®6i S/ yy�SS towers? (2) How much will new larger water mains cost? (3) How much will garbage removal cost? (4) How much will more underground power cables cost? (5) How much will the eventual street widening cost in construction, in interim business loss, and in social disruption? (6) Will such major expenses and their continuing main- tenance really be offset by an increased tax base ?, and also the additional question raised in the brief asking y if the Council will be considering incorporating a by -law that requires sprinkler systems, pressurized stair- wells and exterior elevators. Mr. Barfoot stated that as yet the City has not costed out the services required for the Tower, specifically, because detailed plans have not yet been received but it is his impression that 7 the services required for any city block depend on the intensity of development within that block and it is ryy�� only as that intensity exceeds the intensity that was there before demolition took place that new and enlarged • services will be required. Mr. McAvity stated that the Saint John Heritage Trust is not only concerned with the social implications behind high -rise buildings and the long -run consequences of it, but they are also concerned with the immediate implications such as the services and he asked if the cost of additional services will be recovered from the increased tax base. Mr. Barfoot stated that he cannot answer the question in detail but, generally speaking, because this particular block now being redeveloped was before demolition, a block of L Z.4V a/nerrd nd 049-- ,6ei ?J,, ire eeo46a1 MKS/ /Ie55 d /s��°iet intense uses, it is difficult to foresee any major increase in city services. As far as the height of the building is concerned, he stated that the City just supplies water pressure at street level and a matter of increased pressure is entirely the responsibility of the developer, as are any other internal services. Mr. McAvity asked if the City has considered drawing up adequate safety regulations in reference to fire threats within high -rise buildings - does the City have such by -laws, is it planned to make such by -laws, and if so, what are they. He noted that the Fire Chief has made statements concerning the safety of such buildings and he asked if Council is willing to take work of his recommendations. With respect to increased fire safety requirements, Mr. Barfoot stated that this is being discussed with the developers. He stated that the Fire Chief and as a general principle, it is felt that high -rise buildings and certain other building occupations should be required to have complete sprinkler protection. Mr. McAvity asked if this is being considered on an ad hoc or individual basis with each development. He noted that the proposed amendment opens up the whole uptown area to a host of high -rise buildings and this is what Heritage Trust is really concerned with. He stated he feels the City needs legislation not only for sprinkler systems, but pressurized stairwells, exterior elevators, etc. to make the buildings safe. The Mayor stated that the builders have assured the City that they have put a larger number of fire sprinklers in these buildings than is required by the safety factors of the law and requested by firemen, and that this will be in their plans when they are presented to the City. Mr. McAvity stated that it can then be assumed that there are no by -laws and there are no by -laws planned to up -grade the fire regulations within buildings it is just being done on a informal, casual basis, and he asked if this is correct. The Mayor replied that he thinks you will find there are by -laws to protect people working in buildings although he cannot guarantee whether they go up that high although this will be checked. Mr. Barfoot added that there is in existence the National Building Code and the National Fire Code which are in effect, although at the present time sprinkler protection is not mandatory for high - rise buildings. It is, however, and Council has expressed this by resolution, that we are in favour of high -rise buildings being protected by sprinklers, and this matter is currently with the National Research Council and other bodies concerned with fire safety, as are other fire precautions in high -rise and other buildings. Mr. McAvity urged the City to draw up firm by -laws rather than to leave it in an informal sense, to have very strong bylaws to protect people in high -rise buildings. Councillor Parfitt stated she feels ,a lot of these questions are not relevant to the proposed amendment and she is more concerned with the cost of providing services to rural areas. She stated she has been assured by the Fire Chief that this building is going to be one of the safest, although she agrees with Heritage Trust that you must retain the uniqueness of Saint John. She noted that the proposed building in Brunswick Square will be a service utility and she stated that she also agrees with Heritage Trust as far as the change in the uptown district to restrict high -rise buildings. Mr. McAvity stated he is sure that every citizens would be concerned with the increased cost of services to these buildings. Councillor Parfitt stated that the increased assessment from these buildings would more than offset the cost of services required, especially when it is in the uptown area. Mr. McAvity asked how the City can preserve its heritage if high -rise buildings are built in the uptown area. Councillor MacGowan asked if the City were to have several tall buildings under the 200 foot limitation ,,seattered.throughout the City, would it not cost more for the water and sewerage than in one area such as_thisi— rMr.._Barfoot replied that the increased services would depend, as far as the City was concerned, upon the intensity of the development within each particular block - if it was a large building covering the complete block to six storeys, it would probably require more in the way of services than one single high -rise in the middle of a block. Councillor MacGowan noted that the sewerage in the centre of the City is quite old and asked if it is not time for it to be renewed in any case. Mr. Barfoot agreed and stated that the sewerage pipes in the centre of the City are very old and certainly before any major street reconstruction is done in the centre of the City the City should consider the advisability of replacing all sewers. Councillor MacGowan stated that when she was first on Council she was complaining about the condition of the uptown streets and was told at that time that until we had a major development and put underground wiring, we would not get better sidewalks in the City. She further asked if our Maritime Fire Chiefs did not go on record as approving sprinkler systems in high -rise buildings and was this not submitted to their head office just recently. Mr. Barfoot replied in the affirmative, noting that there is no question that the Fire Chiefs are 100% in favour of sprinkler systems. Councillor MacGowan stated that all the citizens of Saint John are just as concerned about the safety of our buildings as anyone else. Councillor Cave asked if Mr. McAvity was aware that this Council has a policy with developers with regard to services, the developer is required to pay a portion of the costs. Mr. McAvity replied that he was not aware of such policy and Councillor Cave suggested that the City Manager could supply such information upon request. Councillor Cave made reference to the concern of Heritage Trust re- garding traffic flow and stated it appears that everytime we try to do something in the City we have opposition, rightly or wrongly. Mr. McAvity stated that within the long -run consequences of this by -law it is a major effect on Saint John, you are opening up the whole uptown area to high -rise buildings, you are threatening a life -style that already exists. He noted that demolition of a great many historic buildings is going to be required to build such high -rise structures, as well as street widening, as well as the shade consequences. Mr. McAvity stated he would like to see Saint John stand on its own merits and stop comparing itself to other larger cities. Councillor A. Vincent entered the meeting. Councillor M. Vincent stated that one:: of the areas he feels is most important for the Council to consider is regarding the importance the City is going to be faced with, is that do we want a City of high -rise buildings or whether we want a City of limited rise buildings and he feels we have to look to the future and modernize our City to a certain extent, that in all probability it is going to be proven more economical to go up rather than out and that the authorities have jurisdiction both at the civic, Provincial and Federal levels surely will watchdog projects enough in the future to ensure that adequate safety facilities are incorporated into the structures. He stated that the questions raised regarding watermains and new underground facilities in Saint John's centre core, this being the time for renewal indicates that any expenditures may very well have to be incorporated into the proposal that is presently being built, where if this was not being done, the City itself might have to take a look at the entire project of new sewer, water lines, etc. He stated he would like to see, by way of a suggestion, Heritage Trust look at the social impact on the community to see if the people want this type of development, is it good for the welfare of the City and is it what the citizens want. He stated he feels it is impossible to answer the six questions posed in the brief because they are hypothetical. Mr. McAvity stated that Heritage Trust, being a responsible organization with over 200 members, is definitely opposed to seeing Saint John become a "small Toronto ". Councllor A. Vincent asked if the Council(i,s re- zoning only one block and Mr. Zides replied t the proposal is to change the height limitations in the central business district without re- zoning particular block, so that if the by -law were passed as proposed, if someone came in with a proposal a building up to X00 feet high within the district it would be meeting the law and would not have to r. • 7 U • r 1 J u 0 • • eC fJO9/ "f eiasi syays 201 come back to Council. Councillor A. Vincent asked why one block would not be considered for this change in limitation and Mr. Zides stated there are some legal complications to which the City Solicitor might wish to speak but the only proper way of dealing with a particular block under our existing zoning, is complete depart- ure from the bylaw by writing a new kind of a zoning district into the by -law in which we would allow a 400 foot building, which might be argued by some persons that this was being done for one company solely. He stated that there is another technique which would have been able to be used and that is the planned development zone whereby Council must first approve a total concept of a plan but he noted that the difficulty here has been that there is a great deal of uncertainty about the final form of the scheme. He stated that therefore the City got into other approaches and that it would appear that the only really legal approach was the one that is being suggested. In reply to a query from Councillor A. Vincent, Mr. Zides stated that the Trizec proposal for Brunswick Square first stage,dscfotja 19- storey building with the second stage which might or might not follow. Councillor A. Vincent noted in the past re- zoning has taken place but development was not carried out In many instances and he stated that he supports this proposal but he would not support it for the whole City and he is disturbed that we are changing the whole uptown area rather than just one block. Councillor Davis asked if Mr. McAvity would object if the six questions asked were put into the following Pill this pay the City? Mr. McAvity replied in the affirmative and Councillor Davis stated that he wrote a brief some time ago on the advantages and disadvantages of increased assessment in the City and he can answer that probably for the next decade the City will not benefit at all financially, that with the increase in valuation there will be a similar decrease in Provincial grant to the City, and to that add the additional cost of services, which will result in very little benefit financially to the City. Councillor Davis questioned Mr. McAvity on the "lifestyle" referred to in their brief and he suggested that our lifestyle is becoming very similar to that in large cities, even though we don't have the high -rise buildings so he does not agree that the high -rises create the social problems. Regarding the safety of high -rise buildings, Councillor Davis stated he feels we should also be paying attention to some low -rise, very large areas, such as shopping centres, where a person can be as far away as 200 feet from an exit and suffocate. He stated he feels some of our major problems are in our low -rise wooden "shacks" and that although we have a great many by -laws to protect the people living in them, they do not do a great deal of good. Mr. McAvity stated that he is just a citizen but he feels that Saint John has a long history of bulldozing down neighbourhoods, people have been displaced and shoved into mass, low income housing that is foreign to them, which means a change in lifestyles - there has never been a case where a neighbourhood has been rehabilitated in Saint John. Councillor Hodges stated that he knows about "social impact ", he has lived in those so- called "slums" and he is glad they are gone. He noted that high -rise building have not done anything to people in cities, it is the people who have. Councillor Gould noted that the Council has been looking seriously at social planning in the City and we are very aware of social planning and the necessity for it in Saint John. Mr. McAvity stated he would hope that the recommendations made in the recent Urban Design Study of the City would not be discarded by the Council and he stated it is the belief of his group that if this by -law is passed, it is in direct contradiction to the Study. Mr. Rodgers, in reply to Councillor A. Vincent's question as to why we are changing the whole uptown area rather than just one block, stated that this is the only way he can assure Council that the amendment will be valid and will be able to stand the tact. If the amendment is what is normally called a "spot zoning ", under our present Provincial legislation the municipality has the right to divide the municipality into zones Council has seen fit to create a number of zones, one of which is the central business district. He stated that Council obviously has the authority to reduce that central business district zone and by reducing it - although it is Lis opinion they do not have the right to reduce the district down to spot zoning (spot zoning has not been condemned outright by the courts but there has been enough comments made about it and with the wording of our present legislation, spot zoning is not permitted under the Community Planning Act) the boundaries of the present central business district he is not aware of what they are exactly, although Mr. Zides can comment on that. Councillor A. Vincent stated he would like to know exactly what area we are changing in order to vote on the amendment - he is in favour of it but would not like to see the whole City changed. Mr. Zides agreed to have the map of the central business district brought to this meeting for viewing by Council. Councillor MacGowan stated she does not feel that anyone on this Council wants to see a City of high - rises and she feels that if we have one very high building that is all we can probably take in our City and she asked how we can protect ourselves from more high - rises. Mr. Rodgers replied that as lawmakers, Council can change the law at any time. Councillor MacGowan asked how soon could it be done and if it could be done before this building is completed as long as a building permit has been issued and Mr. Rodgers replied that if that is a real fear the answer would be in the affirmative. Councillor Cave stated that he agrees with the concern of Councillor A. Vincent regarding the lack of knowledge of the exact area, and he wants to find out how many people have been turned down and he cannot under- stand Trizec coming into Saint John knowing the rules in effect in our City and he would be prepared to move that the matter be tabled until Council receives the information, as he cannot vote on the matter. The Mayor asked that the Council delay until viewing the map of the central business district. On a point of information, Councillor Kipping stated that when the presentation was made to Council by Trizec there was mention made that there would be 18 storeys in the first phase and 33 storeys total so that the height of the building was mentioned and acceptance in principle was given at that time. Councillor Davis felt that Council should remember that one of the chief objections to the erection of a 33 storey building was that it would provide half a million square feet of office space, which would preclude the erection of another office building in the City for another five years and the Planning Commission felt that this was unjustly restricting the erection of new office buildings, therefore, he does not foresee any great invasion of developers buying up the eight or ten city blocks in the central business district and proceeding to demolish them, although that is a valid point to remember that that is the great danger, that there will be so much office space in this building available. Also, the telephone building at the moment is 240 feet high - we have a by -law that limits buildings to 200 feet - it is very possible that the 19- storey building could be erected and a structure of 100 or 150 feet placed on top of that building to get the relays so he does not think it would look any better or have a lesser effect upon the wind currents than an empty structure of probably 380 feet high. In reply to a query from Councillor Davis as to a further explanation as to why we are doing the change in this manner and why it is impossible to do it another way, Mr. Rodgers stated that the Community Planning Act gives the Council the authority to divide the municipality into various zones - sometime in the past through recommendation of the Planning Department, he assumes, Council saw fit to enact a Zoning By -Law and one of the zoning districts was the central business district. The question of amending the By -Law to permit buildings to go from 200 feet to 400 feet in a portion of the central business district is getting into the area of what is called spot zoning and it is his opinion that there is no authority under the Community Planning Act for the Council to spot zone and that is the main and only reason Council is taking this action. At this time Mr. Zides displayed the map of the boundaries of the central business district to the members. 20 2 Councillor A. Vincent asked if it is too late for Council to change one block and Mr. Rodgers stated that it is a question of a by -law amendment to permit the 400 feet height in one block and would • it be valid if it was challenged. Councillor A. Vincent noted that this is done in the City of Vancouver and Mr. Rodgers stated that possibly the wording of their Provincial Planning Act is different from that in effect in New Brunswick, or the districts might be changed. On motion of Councillor Davis Seconded by Councillor Gould RESOLVED that the by -law entitled "A Law to Amend the Zoning By- Law of The City of Saint John and Amendments Thereto" insofar as it concerns amending Section 126, as zon n9 follows:- (1) striking out the words "Subject to subsection (2)" at the beginning of subsection (1), (2) , substituting the figure "400" for the figure "200" in clause (b) of subsection (1), and (3) deleting CRY_ lj4w subsection (2), be read a second time. .Y/17e.07/m eh e I Read a second time the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". Councillor Cave voted "nay" to the above motion. Notice had been given to Messrs. Antoine Mazerolle, John Fagen and William Meltzer to appear at this meeting to show cause, if any, why the building located at 34 St. John Street should not be removed or destroyed as a dangerous or dilapidated building. No person or persons were present on behalf of the said owners. On motion of Councillor M. Vincent On motion of Councillor Davis Seconded by Councillor Hodges 'J olle, John Fagen and William Meltzer, being the owners, as appears by the records of the Registrar of RESOLVED that the by -law entitled "A Law to Amend the Zoning By- Deeds for the County of Saint John, of the building located at civic number 34 St. John Street, in the Law of The City of Saint John and Amendments Thereto" insofar as it concerns amending Section 126, as e /�� follows:- (1) striking out the words "Subject to subsection (2)" at the beginning of subsection (1), (2) and h substituting the figure "400" for the figure "200" in clause (b) of subsection (1), and (3) deleting behalf of the said Messrs. Antoine Mazerolle, John Fagen and William Meltzer; the Common Council hereby / subsection (2), be read a third time and enacted and the Common Corporate Seal affixed thereto. /h eentl2s7 dilapidated and dangerous: � &S " es$ Councillor Cave voted "nay" to the above motion. AND BE IT FURTHER RESOLVED that the said Messrs. Antoine Mazerolle, John Fagen and William GeL ✓rb The by -law entitled "A Law to Amend the Zoning By -Law Thereto" was read in its entirety prior to the adoption of the above of The City of Saint John and Amendments resolution. • Notice had been given to Messrs. Antoine Mazerolle, John Fagen and William Meltzer to appear at this meeting to show cause, if any, why the building located at 34 St. John Street should not be removed or destroyed as a dangerous or dilapidated building. No person or persons were present on behalf of the said owners. On motion of Councillor M. Vincent f7,I /api da% R Seconded by Councillor Gould h L�� /��� o olle, John Fagen and William Meltzer, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 34 St. John Street, in the !_ D City of Saint John, requesting that the said owners appear before this meeting of the Common Council to , Ah40F117C Irkm t show cause why the said building should not be removed or destroyed as a dangerous or dilapidated , and h pI /e b behalf of the said Messrs. Antoine Mazerolle, John Fagen and William Meltzer; the Common Council hereby ✓O h deems and declares the said building located at civic number 34 St. John Street, in the said city, to be h �� d dilapidated and dangerous: � AND BE IT FURTHER RESOLVED that the said Messrs. Antoine Mazerolle, John Fagen and William ZC0" M Meltzer are hereby required to remove or destroy the said building situate at civic number 34 St. John Street, in the City of Saint John, within ten days after receiving notice to do so by the Inspect or Buildings: AND BE IT FURTHER RESOLVED that upon failure of the said Messrs. Antoine Mazerolle, John Fagen and William Meltzer to remove or destroy the said building situate at civic number 34 St. John Street, in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Messrs. Antoine Mazerolle, John • • Fagen and William Meltzer. On motion of Councillor MacGowan /a� /po�M , S Seconded by Councillor Hodges RESOLVED that the letter from the Land Committee, with respect to � C recommendation to Council on August 26th last to close a portion of Constance Street, advising that new information has now been received which indicates that this recommendation should not have been 1. oTG m made at that time, be received and filed and Common Council resolution of August 26th, 1974 which au- ' thorized the necessary advertising to close a portion of Constance Street, and which further authorized J ��d t the sale of the area to Roy's Midway Limited, be rescinded. ' s�ese/ /9,er/ M Mr. Harry W. Walker, Recording Secretary, Local 809, International Association of Bridge, pyjp�� O 7 S Structural and Ornamental Iron Workers, was present at the meeting on behalf of the said Union requesting that a pushbutton stop light be installed at the crosswalk on Chesley Drive in front of the Ocean Steel Construction Ltd. steel shop. Mr. Walker stated that the present flashing light at this crosswalk, which was installed approximately one and one -half years ago, is not being observed and he noted that 1"4&A//9SS0e. s several accidents have occurred at this location. Mr. Walker made reference to a recent accident in the C1�, c crosswalk which he does not feel was properly investigated by the Police Department. Discussion ensued �+6 , on the traffic flow in the area and the proposed new parking lot to be used by Ocean Steel across from , Thorne's Hardware Ltd. Mr. Walker stated that the proposed parking lot would solve the problem of meal- 7/_ -4pv y c crossing this heavily- travelled artery but that the Union has not been able to receive a definite date L f from the Company on when this lot will be available to employees. Mr. Barfoot stated that a portion of this lot proposed to be used for parking is owned by the Partnership and is part of the lands being XOe - e exchanged once the necessary legal surveys are completed. Mr. Barfoot stated he would be agreeable to having a temporary traffic light at this location if it were tied in with a commitment from the Company ,e> z f for the parking lot. It was noted that the installation of the requested light may take several weeks as �/ ��O�� p parts will have to be ordered and Mr. Walker asked that a Policeconstable be placed at the crosswalk Awen�049JA7 e each day from 4.25 p.m. to approximately 4.40 p.m. until the light is installed. Councillor A. Vincent // i iiuggested that the Union might consider paying one -half the cost of having a constable at this location. • • Councillor Kipping withdrew from the meeting. ' /OG/ ' 'A a r 203 0!74_ g+$1 0 On motion of Councillor A. Vincent • -w- _ _- /:? Seconded by Councillor Cave RESOLVED that a temporary stop light be installed at the crosswalk on Chesley Drive in front of the Ocean Steel Construction Limited steel shop, and that until such light is installed, dA,?I the Chief of Police be asked to have a Police constable at this location during the times requested. Councillor Mac Gowan stated that the City has appointed four members to the Fort La Tour Development Authority on May 6th and August 5th last as required by the Act establishing the said Authority, and she suggested that the Provincial Government be asked to appoint its three members to the said Authority. She noted that if such appointments are not made by the Provincial Government, the Common Council then may appoint such members. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the Provincial Government be requested to name their appointees to the Fort La Tour Development Authority. Councillor A. Vincent withdrew from the meeting. /76Q $LI The Financial Statements of the City of Saint John to December 31st, 1973, prepared by the City's auditors, H. R. Doane and Company, Chartered Accountants, were presented at this time by Mr. Ivor E. Laws, who distributed copies of a summary of this financial report at this time, highlighting more important items. General discussion ensued. �-, On motion of Councillor M. Vincent Seconded by Councillor Hodges ��/ � RESOLVED that the Financial Statements of the City of Saint John to December 31st, 1973, prepared by H. R. Doane and Company, Chartered Accountants, and the auditors' report thereon, be received and filed. On motion of Councillor M. Vincent Seconded by Councillor Parfitt RESOLVED that the City's auditors, H. R. Doane and Company, becongratulated /7..!/asaii on the preparation and presentation of the City's financial statements to December 31st, 1973. On motion of Councillor Cave Seconded by Councillor M. Vincent / „[_� RESOLVED that the letter from the Redevelopment Officer, with respect (/t� to Council resolution of August 26th last which authorized payment of costs and expenses which the Saint John V001'4- Harbour Bridge Authority incurred in the preparation and execution of the conveyance of the lands to the City, 41 1Yum advising that the City Solicitor now finds that there is an agreement to provide title which requires execution, d that the Council resolution authorizing the property acquisition does not provide the authority for the �D i� execution of this document, and enclosing a copy of the said agreement for Council's information, be received ��� and filed and authority be granted for the Mayor and Common Clerk to execute the said agreement on behalf of the City of Saint John. On motion The meeting adjourned. Common Clerk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the ninth day of September, A. D. 1974, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Assistant Director of Works - Operations, C. Robichaud, Assistant Director of Works - Engineering, M. Zides, Municipal Planning Director, A. Ellis, Building Inspector, P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, R. Thompson, Assistant Redevelopment Officer, D. French, Personnel Officer, and C. J. Farrell, Consultant to the Land Committee The meeting opened with a prayer which was invoked by The Reverend P. N. Williston, rector of St. Mary's -St. Bartholomew's Church. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that minutes of the meeting of Common Council, held on August last, be confirmed. 204 106f PAC4�%t .a.11.Ae I-G d A ��- s s'epltc�(; 4'o, 46 On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that minutes of the meeting of Common Council, held on September 3rd last, be confirmed. On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that as recommended by the City Manager, approval be given for payment of the following invoices for equipment rental, namely:- D. Hatfield, Ltd. - to the Works Dept. August 1 -15, 1974 $ 27,645.80 (dated August 19, 1974) $ 13,555.27 - to the Water Dept. August 1 -15, 1974 Nil (dated August 19, 1974) $ 5,264.45 Chitticks (1962) Ltd. - to the Water and Sewerage Dept. August 1 -15, 1974 (dated August 16, 1974) $ 2,768.00 On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the City Manager, authority be granted to pay the invoice from Stephen Construction Co., Ltd., dated August 31, 1974, in the amount of $38,881.37, for the supply of asphalt to the Works Department during the period August 16 to 30, 1974. On motion of Councillor Green Seconded by Councillor Gould LCD RESOLVED that in accordance with the recommendation of the City Manager, authority be given for payment of the following construction progress certificates and approved XPc�OJS/ 06/ invoices for engineering services in connection with projects that have been undertaken under the De- partment of Regional Economic Expansion programme:- n d�il�i4Ar3C� 6; ASS And 1. Courtenay Bay Causeway Approaches Goodyear Paving Limited Construction of Eastern Approach Total value of contract $671,856.00 Total work done, Estimate Number 3 268,784.19 Retention 40,317.63 Payments previously approved 158,678.96 Sum recommended for payment, Progress Estimate Number 3, August 20, 1974 $ 69,787.60 2. Lorneville Western Industrial Water Supply Godfrey Associates Limited Engineering Services Payments previously approved $109,998.74 Sum recommended for payment, Invoice Number 5298, July 31, 1974 $ 224.00 On motion of Councillor MacGowan Seconded by Councillor Pye RESOLVED that as per the recommendation of the City Manager, Ca ®/��� authority be granted for payment of the following construction progress certificates on contracts for / ,qqV the projects included in the Capital Budget:- 1 6' We, i C'ovode Ste " /i '.sew Cliewck, rl" X 6?491W491P7� l` ,6&ee reAdE'PS .7 C Fi'a-e dose Golden Grove Road Area Supply and install 10 -inch sanitary sewer, Exhibition Park Chitticks (1962) Limited Total value of contract $ 27,645.80 Total work done, Estimate Number 3 27,203.32 Retention Nil Payments previously approved 26,387.22 Sum recommended for payment, Certificate Number 3, August 29, 1974 $ 816.10 Greendale 48 -inch Storm Sewer Supply and install 48 -inch storm sewer Chitticks (1962) Limited Total value of contract $ 88,102.00 Total work done, Estimate Number 6 76,695.40 Retention 15% 11,504.31 Payments previously approved 60,769.22 Sum recommended for payment, Certificate Number 6, August 29, 1974 $ 4,421.87 Councillor Cave asked when the Golden Grove Road will be paved. In reply, Mr. Barfoot stated t he did not have that information with him at the meeting but that he will obtain it for the Council. ncillor Cave expressed the hope that - this '_road will be paved shortly in view of the fact that the idents of the area have suffered very much regarding transportation in the past. On motion of Councillor M. Vincent • • i Seconded by Councillor Hodges RESOLVED that the report from the City Manager on bids that were eived from four suppliers on 30 only 100 -foot lengths of 1'z -inch Nyflex streamlined fire hose (uncoupled) • t is required by the Fire Department, be received and filed and as recommended in the said report, bid of C. E. Hickey & Sons Ltd., in the amount of $142.95 per length, plus 8% Sales Tax (f.o.b., nt John, N. B.)., be accepted. r 205 4 / In reply to Councillor Green's question as to whether the local suppliers are still being given the $6co //��°� preference to supply materials if there is not too large a differential in price in tendering bids, Mr. Barfoot advised that in the above particular case it is more than the percentage we would normally favour the local /� supplier with. Councillor Green asked that this policy not be lost sight of when bids are considered, bearing �/� in mind that the local suppliers greatly support the community through employment of local labour which generates wages in the area, and also pay taxes to the area, and that the local suppliers often cannot compete with bids that come in from other parts of Canada. Councillor Kipping discussed the point of f.o.b. delivery place, noting that if it were not f.o.b. Saint John this would mean quite a difference over the price quoted by the suppliers. Mr. Barfoot stated that he would have to ver ify the question of f.o.b. point for the fire hose F; p ®s from the bids received. On motion of Councillor Green Seconded by Councillor Gould RESOLVED that in accordance with the recommendation contained in the GL report from the City Manager, the bid of Safety Supply Co. of Halifax, N. S. be accepted at a total cost of $5,720.00 plus Provincial Sales Tax, f.o.b. Halifax, N. S. for supplying 1,300 gallons of liquid foam for use pa3ovi in fighting petroleum related fires. On motion of Councillor Higgins Seconded by Councillor Gould CB, ®g RESOLVED that the letter from the City Manager, advising that Petrofina Canada Ltd. has made application to install one 3,000- gallon gasoline tank as shown on the submitted plan at the Manawagonish Road location, and that the area has been inspected by the Building, Fire and Planning Departments who recommend approval of the application, and recommending that the said application, as per the submitted plan, be granted - -be received and filed and the recommendation adopted. On motion of Councillor Green Seconded by Councillor Hodges RESOLVED that the letter from the City Manager advising that Irving Oil ry - Co., Ltd. has made applications to install gasoline tanks as shown on the submitted plans, as follows:- a 10,000 - gallon underground storage tank on the Fairville Boulevard site, and a 10,000 - gallon underground storage tank on the Garden Street site, and that these applications have been inspected by the Building, Fire and Planning Departments who recommend approval of the applications, and recommending that the said applications for permission to install the said gasoline tanks at the locations as shown on the said plans, be granted -- be received and filed and the recommendation adopted. In explanation of the plans submitted with both the Petrofina Canada Ltd. and Irving Oil Co., Ltd. applications referred to in the above resolutions, Mr. Barfoot stated that Irving Oil Co., Ltd. applications are with reference to the gasoline station locations (1) on Fairville Boulevard near the interchange, (2) at the corner of Garden Street and City Road (the tank will be located adjacent to the existing tanks, near the car wash, in the ell of the building, about 50 feet from the street). On motion of Councillor Cave Seconded by Councillor Green 7 RESOLVED that the letter from the City Manager, stating that due to the /%�c3PlOy� y� increased volume of paper work in the Planning Departmentit is now necessary to upgrade the equipment used to prepare reports, minutes and other communications and that the unit required to accomplish this upgrading is an �D I.B.M. memory typewriter, the selling price being $6,100.00 and the rental cost being $190.00 per month, and .d•� io /• that under the rental plan there is a purchase option which provides for 50% of rental costs to be applied ~mv,017Y against the purchase, and that delivery time of this unit is six months - and recommending that one I.B.M. q� / memory typewriter be ordered under the rental plan at a cost of $190.00 per month and that funds be provided in / �S the 1975 budget of the Planning Department to cover the expenditure -- be received and filed and the recom- mendation adopted. Councillor A. Vincent recalled that in 1973 the Council was called upon to clarify a rental - purchase ® arrangement regarding equipment. He asked if the rental that would be paid for the contemplated machine would be applied to the price of a new machine. In reply, Mr. Barfoot advised that the rental fee of this machine includes maintenance service and training, so this is not exactly the same as a straight purchase as the main- tenance contract is also included in the rental fee. He stated that the intent is to rent this machine for at least a year to determine its usefulness. Councillor A. Vincent indicated that he was not satisfied with the reply given to his query. Mr. Park stated that with reference to the data processing equipment that we have, that equipment is doing what we intended for it to do when we first contracted for it, four years ago; if there is to be an extension of the applications it will involve other equipment. Councillor A. Vincent expressed concern that the machine referred to in the letter from the City Manager will not be out -dated in four years, and that it will be able to carry the load of work. Referring to the data processing equipment, Mr. Park stated that we plan to do other applica- tions, ultimately, but at present this equipment is carrying the load for what we intended it to do - we have other applications in mind and this will involve other equipment. Councillor A. Vincent voted "nay" to the above motion. On motion of Councillor Green S2�R4 A&5PAdJ Seconded by Councillor Pye RESOLVED that the letter from the City Manager regarding appointment of a Standards Officer be considered in Committee of the Whole. xAPle On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the report from the City Manager, including a report from the Director of Recreation and Parks, concerning the effect and cost of placement of kiosks in King Square �® S� during Loyalist Days this year, advising that the said Director recommends that if it is decided to locate ! kiosks in King Square again, that they be located on or close to the sidewalks, be received and filed and used ®.S' p® at the proper time next year when considering the placing of kiosks for Loyalist Days. On motion of Councillor Green Seconded by Councillor Pye RESOLVED that in accordance with the recommendation of the Chief of Police, 2 ®6 \ Ral% ee -DB�i'0f' which is concurred in by the City Manager, the new class of recruits for the Police Department, plus the L 1 twz-o7% "7 present probationary constables, for a total of 20 candidates, be trained at the Atlantic Police Academy • in Charlottetown, Prince Edward Island. AVO / /Ce1*-Q/ On motion of Councillor A. Vincent Sewer System - Golden Grove $4,000.00; Lakeview Drive $6;000.00; Silverstone $6,000.00; Loch Lomond Road $5,000.00; Woodward Avenue - sanitary $23,000.00; Wellesley Avenue $25,000.00; Lakeview Drive $60,000.00; Charles Street $40,000.00; Ann Street $15,000.00; Summit Avenue $55,000.00; Canada Packers $40,000.00; Greendale $100,000.00; Woodward Avenue - storm $180,000.00; Subdivisions $181,000.00 -- $750,000.00 ower Commission - ubstations and extensions to distribution system - $200,000.00 • otal Self- Supporting Utilities - $1,100,000.00 Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the City �ea7hfi /C Manager, the City of Saint John become a member of the Atlantic Provinces Economic Council, and that vj r/ees authority be granted for payment by the City of the sum of $200.00 for membership in the said Economic ,Oei,aog C7�1 C Council. COl61jC /� His Worship the Mayor gave the following Notice of Motion: , "I do hereby give Notice that I will at a meeting of the Common Council held after the expiration of thirty days from this day, move or cause to be moved the following resolution, namely: - No¢��e o¢' 'RESOLVED that occasion having arisen in the public interest for the following public civic works and needed Civic Improvements, that is to say: FOR GENERAL PURPOSES: Public Works: Road Construction and Street Paving - ' �J Union Street $88,045.00; Chesley Street $1,212.00; University Avenue $1,785.00; Cedar Point $145,105.00; /16tL Sandy Point Road $114,106.00; Thornbrough Street $8,328.00; Grandview Avenue $76,984.00; Parkhill Drive $22,612.00;.Norris Road $6,879.00; Morrison Road $1,490.00; Golden Grove Road $82,383.00; Loch Lomond Road $5,928.00; Todd Street $4,214.00; Westmorland Road $25,513.00; Mackay Street $,909.00; Hickey Road $11,803.00; McAllister Drive $47,830.00; Lorneville Road $24,348.00; McCavour Drive $5,201.00; Raynes Beach -- $700,000.00 Recreation and Parks - Shamrock Park development $67,666.00; Ball parks, playgrounds and play areas $226,224.00; Beaches and • docks $68,466.00; Swimming pool $150,096.00; Rockwood Park development $156,976.00; Land for recreation purposes $30,572.00 -- $700,000.00 Land for general purposes - Broadview Avenue Numbers 53 -55 $20,000.00; Sydney Street Numbers 244, 248, 250 $12,000.000; Manners Sutton Road Number 33 $7,000.00; Milford Road $35,000.00; Bayside Drive Number 143 $26,000.00 -- $100,000.00 Total General Purposes - $1,500,000.00 FOR SELF - SUPPORTING UTILITIES: Power Commission: Substations and extension to the distribution system - $1,000,000.00 , Total Self- Supporting Utilities - $1,000,000.00 A total for all purposes - $2,500,000.00 THEREFORE RESOLVED that Debentures issue under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29, and Amendments Thereto, to the amount of $2,500,000.00. "' IYOO -Jew W His Worship the Mayor gave the following Notice of Motion: "I do hereby give Notice that I will at a meeting of the Common Council held after the expiration O� /D// of thirty days from this day, move or cause to be moved the following resolution, namely: 'RESOLVED that occasion having arisen in the public interest for the following public civic works and needed Civic Improvements, that is to say: • FOR GENERAL PURPOSES: Transportation - Streets - Road construction and street paving as detailed in 1974 Capital Budget adopted by Common Council resolution dated May 6, 1974 - $700,000.00 Recreation and Cultural Services - Projects detailed in 1974 Capital Budget adopted by Common Council resolution dated May 6, 1974: Recreation $319,000.00; Arenas $381,000.00 -- $700,000.00 , Total General Purposes - $1,400,000.00 FOR SELF - SUPPORTING UTILITIES: Water and Sewerage Department: Water System - Loch Lomond Road $29,000.00; Forest Hills $22,000.00; Summit Avenue $35,000.00; Latimore Lake Chlorination Plant $40,000.00; Subdivisions $24,000.00 -- $150,000.00 ' Sewer System - Golden Grove $4,000.00; Lakeview Drive $6;000.00; Silverstone $6,000.00; Loch Lomond Road $5,000.00; Woodward Avenue - sanitary $23,000.00; Wellesley Avenue $25,000.00; Lakeview Drive $60,000.00; Charles Street $40,000.00; Ann Street $15,000.00; Summit Avenue $55,000.00; Canada Packers $40,000.00; Greendale $100,000.00; Woodward Avenue - storm $180,000.00; Subdivisions $181,000.00 -- $750,000.00 ower Commission - ubstations and extensions to distribution system - $200,000.00 • otal Self- Supporting Utilities - $1,100,000.00 r �J 0 a3®1AYW _-Sae 07 A total for all purposes - $2,500,000.00 THEREFORE RESOLVED that debentures issue under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29, and Amendments Thereto, to the amount of $2,500,000.00. "' On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that the correspondence regarding the above Notices of Motion, be received and filed. Councillor A. Vincent expressed his concern that the proposed debenture issue motions include the Woodward Avenue and Thornbrough Street projects which are not finished as yet, his point being that with the work unfinished there could be flooding again with resultant claims. Deputy Mayor Hgggins stated he will discuss the matter with Councillor A. Vincent, for his information. °&. On motion of Councillor MacGowan S'Fweps - Seconded by Councillor Pye RESOLVED that the letter from the City Solicitor with regard to the request made by Mr. Franklin 0. Leger of Palmer, O'Connell, Leger, Turnbull & Turnbull, Barristers, on behalf of Miss Daphne Guernsey that the two "reserved" streets on Miss Guernsey's land on the Rothesay Road and the Drury Cove Road, shown on the plan submitted, be closed by the Common Council taking the necessary steps and that the City upon closure of the said streets, execute a quit claim deed to Miss Guernsey of the said two streets, advising that the said parcel of land is shown on the 1912 plan which contains a reference to two reserved streets which streets have never been developed and, in actual fact, do not exist, and that in view of the foregoing, he sees jnothing legally improper with the Council authorizing the Common Clerk to advertise the closing of the said two reserved streets, and authorizing the Mayor and Common Clerk to execute a Quit Claim Deed conveying the land to Mr. Leger's clinet once the necessary closing has occurred, and further advising that any and all expenses incurred by the City in this regard ought to be recovered from Miss Guernsey at the time of the actual conveyance Zip ye be referred to the Planning Advisory Committee for its comments on the proposed street closing: AND FURTHER that the Land Committee be apprised of this proposed street closing so that the Land Committee can deal with disposition of these two streets if they are closed. clmip" �r d 4"' �0 Read report of the Committee of the Whole 7A - � 4 (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on September 3rd, 1974 when there were present Mayor 670JUW® Flewwelling, and Councillors Cave, Davis, Gould, Hodges, MacGowan, Pye, Parfitt and M. Vincent, and your Com- W17d9/g mittee begs to submit the following report and recommendation, namely:- 1 1. That as recommended by the Nominating Committee, the following persons be appointed to the Traffic %� 1 mp)WA . and Safety Committee: Mr. Douglas Spinney, Mr. Stan Wrigley, Mr. William Godfrey, Mr. Harold Mayes, Mr. Franklyn Bailey, Mr. G. 6Y96op3f$ Merville Dykeman. zt*y4*4, ",V Respectfully submitted, Z X Wre 9t, h September, 1974, (sgd.) E. A. Flewwelling, �o rb /ee Saint John, N. B. Chairman. G✓ ��v On motion of Councillor A. Vincent //. A�Qa�ses ice; Seconded by Councillor Hodges (9 RESOLVED that the above report be received and filed and the recommendation contained therein adopted. On motion of Councillor Green Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the Land Committee, 14 '°'fPy authority be granted to sell to Mr. Moshe Granik an area of land located on the Sandy Point Road and consisting oata v of 16,125 square feet, more or less, for the sum of $300.00 plus all surveying and legal costs, the said land being shown on the submitted plan. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that as recommended by the Land Committee, the City purchase from Mr. Robert Lodge a sewer easement consisting of 3,585 square feet of land located off the Greenhead Road for the sum of $358.50 which is computed at the rate of $.10 per square foot, the said purchase including the Ssxwol° use of a temporary construction easement that consists of 1,875 square feet, the said easements, which are �ff //p���p required for the Milford - Randolph- Greendale sewer line, being shown on the submitted plan: IVI ' , AND FURTHER that as recommended by the Land Committee, the sum of $150.00 be paid to Mr. Lodge for L� m� loss of trees due to the said sewer line construction. r /oss On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Planning /sin egg , Advisory Committee, the following sums of money be accepted in lieu of provision of land for public purposes )RmAwith respect to the following named subdivisions: - /!CV!Ap0s ®A7 from from Allison Shillington S -23, the sum of $240.00, which is 8% of the $3,000.00 market value estimated by the Real Estate Department for the new lot that is being created (this lot, which contains 31,847 square feet, is $w! // ��� being created on the southerly side of the Loch Lomond Road about a quarter of a mile east of the Hickey Road intersection, and has a width of 75 feet and extends about 350 feet to the edge of Little River); Tfrom Bowen R. Smith L -108, the sum of $344.00, which is based on the Real Estate Department's appraisal (this ��;�� subdivision is situated on the north side of Ocean Westway about 900 feet west of Colpitts Avenue; this property 20S _Seconded by Councillor Green RESOLVED that the letter from the Planning Advisory Committee advising that Petrofina Canada Limited is seeking permission to re -open its service station at 527 Rothesay F j�l ^* Avenue which area is zoned "I -1" Light Industrial district; that a service station is permitted in such a �G� zone under the City's Zoning By -Law if approved by the Advisory Committee and only on compliance with such Coy aka �tde terms and conditions as may be imposed by the Committee; that approximately two months ago the said Committee gave approval to Mr. Roland Daye to establish a used car sales lot at this location and it is %diea�I ow proposed to operate both the service station and the used car sales lot there; that the Zoning By -Law does not place any limit on the number of uses that may be permitted on the same site on an "I -1" Light Industrial district; that the Advisory Committee would grant approval for the re- opening of the service station at the said location but felt that advice to this effect should be forwarded to Common Council, asking whether Council may wish to take other action in view of past Council decisions and its recent discussions with respect to service stations in the city -- be received and filed and permission be granted to Petrofina Canada Limited to re -open its service station at 527 Rothesay Avenue. On motion of Councillor Higgins pp Seconded by Councillor MacGowan /7ssCh� �O RESOLVED that as recommended by the Planning Advisory Committee, __ s L 4V y� the Common Council assent to the plan of Phase 1 of the Dante Foriere Subdivision at Lakewood as shown on �(! r/ the submitted plan, which phase is only the beginning of a proposed much larger subdivision which the ,Zah &Ze Council had dealt with previously for re- zoning purposes. Sa6 On motion of Councillor Green Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the Planning Advisory Committee, the Common Council assent to the subdivision plan of the T. E. Secord Subdivision as submitted, containing an extension of Sharon Avenue westward and an extension of Asied Street northward, ,gfserjt ,C40 and accept the sum of $272.00 from Mr. Secord in lieu of land for public purposes with respect to the said �j�.j proposed subdivision, this sum being based on the Real Estate Department's estimated value of the pro- perty, considering such expenses as street construction, clearing of the land and survey costs. .Seeo&* C X&i _lotl vT On motion of Councillor Hodges Seconded by Councillor Green RESOLVED that the letter from the Planning Advisory Committee regarding the application received from Mr. Stephen Mosher to install and occupy a mobile home on a new lot in Lakewood located to the west of Karen Street just north of the end of Asied Street, in the T. E. Secord Subdivision, on which lot Mr. Mosher intends to build a house within the year, advising that the Committee recommends that the Common Council grant permission to Mr. Mosher for the location of his mobile home on one of the lots in the said subdivision for a period of one year, be received and filed and the recommendation adopted. On motion of Councillor Green is being divided into two lots - Lot 74 -3 contains a house, while Lot 74 -4 is vacant). ,/ Consideration was given to a letter from the Planning Advisory Committee which advises that S.T, f/s Brunswick Square Ltd. has asked the Committee to consider a variance in the number of off - street parking ,?. ,>f1a/�..s/ , spaces required under the City Zoning By -Law for its proposed development in the block bounded by Prince William, Union, Germain and King Streets, and that in this regard the Committee also considered some of / 5.,7%J�iC �0&e the probable traffic problems which would be created by the proposed development, and which makes certain �r1 B,/ySQ� GOt ��JJ recommendations regarding widening of Union Street, initiation of a programme for the development of the escarpment (parking) or other parking near the City's central business district, and the carrying out by the City of an investigation and the taking of appropriate remedial actions with respect to the anti- cipated traffic from the said Brunswick Square development. A motion proposed by Councillor Cave to receive and file this letter was not seconded. On motion of Councillor Hodges Q Pl2m will/✓`- Seconded by Councillor Higgins co,wx"- RESOLVED that the letter dated September 4th, 1974 from the 73 "s / /�/ �'� Planning Advisory Committee with reference to the request made to the Committee by Brunswick Square Ltd. for a variance in the number of off - street parking spaces required under the City Zoning By -Law for its �^* /o S proposed development in the block bounded by Prince William, Union, Germain and King Streets, submitting ffpm, 54;y T the following recommendations to Common Council that: (1) immediate measures be taken to widen Union Street at the earliest opportunity, (2) a programme be initiated for the development of the escarpment (parking) or other parking near the City's central business district as soon as possible, and (3) the City / h carry out an investigation and take appropriate remedial actions with respect to the anticipated traffic e%1'� dI7 from the Brunswick Square development -- be referred to the City staff, the Parking Commission and all other parties concerned, for a recommendation to Council. / h9 �� PP On motion of Councillor Cave _Seconded by Councillor Green RESOLVED that the letter from the Planning Advisory Committee advising that Petrofina Canada Limited is seeking permission to re -open its service station at 527 Rothesay F j�l ^* Avenue which area is zoned "I -1" Light Industrial district; that a service station is permitted in such a �G� zone under the City's Zoning By -Law if approved by the Advisory Committee and only on compliance with such Coy aka �tde terms and conditions as may be imposed by the Committee; that approximately two months ago the said Committee gave approval to Mr. Roland Daye to establish a used car sales lot at this location and it is %diea�I ow proposed to operate both the service station and the used car sales lot there; that the Zoning By -Law does not place any limit on the number of uses that may be permitted on the same site on an "I -1" Light Industrial district; that the Advisory Committee would grant approval for the re- opening of the service station at the said location but felt that advice to this effect should be forwarded to Common Council, asking whether Council may wish to take other action in view of past Council decisions and its recent discussions with respect to service stations in the city -- be received and filed and permission be granted to Petrofina Canada Limited to re -open its service station at 527 Rothesay Avenue. On motion of Councillor Higgins pp Seconded by Councillor MacGowan /7ssCh� �O RESOLVED that as recommended by the Planning Advisory Committee, __ s L 4V y� the Common Council assent to the plan of Phase 1 of the Dante Foriere Subdivision at Lakewood as shown on �(! r/ the submitted plan, which phase is only the beginning of a proposed much larger subdivision which the ,Zah &Ze Council had dealt with previously for re- zoning purposes. Sa6 On motion of Councillor Green Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the Planning Advisory Committee, the Common Council assent to the subdivision plan of the T. E. Secord Subdivision as submitted, containing an extension of Sharon Avenue westward and an extension of Asied Street northward, ,gfserjt ,C40 and accept the sum of $272.00 from Mr. Secord in lieu of land for public purposes with respect to the said �j�.j proposed subdivision, this sum being based on the Real Estate Department's estimated value of the pro- perty, considering such expenses as street construction, clearing of the land and survey costs. .Seeo&* C X&i _lotl vT On motion of Councillor Hodges Seconded by Councillor Green RESOLVED that the letter from the Planning Advisory Committee regarding the application received from Mr. Stephen Mosher to install and occupy a mobile home on a new lot in Lakewood located to the west of Karen Street just north of the end of Asied Street, in the T. E. Secord Subdivision, on which lot Mr. Mosher intends to build a house within the year, advising that the Committee recommends that the Common Council grant permission to Mr. Mosher for the location of his mobile home on one of the lots in the said subdivision for a period of one year, be received and filed and the recommendation adopted. On motion of Councillor Green L J • • \J Seconded by Councillor Hodges ,/ RESOLVED that the letter from the Saint John Housing Commission S.T, f/s advising that the Commission has arranged to have the 3.03 acres of land at the former Provincial Hospital ,?. ,>f1a/�..s/ , Annex farm building on the Sand Cove Road that is owned by the New Brunswick Housing Corporation conveyed to the City of Saint John through the Housing Commission for the sum of $1.00 plus legal and survey costs, / 5.,7%J�iC �0&e and that as the Housing Commission as yet has no budget it requests Common Council approval for an expend - �r1 B,/ySQ� GOt ��JJ iture of such legal and survey costs and $1.00, be received and filed and the request complied with. In reply to Councillor Davis' query as to whether we know what other costs would be, for removing the buildings and clearing the site, et cetera, the Mayor stated that we do not know such costs, the reason being that the people who are building co- operative housing in that area thought they could fix up one end of the building and use it; however, vandals have been going into this building to remove the pipes that formed the sprinkler system. The Mayor stated that he is endeavouring, through the co- operation of residents of trailers in this vicinity, to pin -point the identity of the vandals so that this situation can be arrested. In reply to Councillor Higgins' question as to whether the Housing Commission works very closely with the Land Committee and whether the Land Committee concurs in this particular request made by the Housing Commission and has full knowledge of the matter, the Mayor advised that the Land Committee does, because we have members on both these bodies. L J • • \J r 209 _ On motion of Councillor Green Seconded by Councillor Cave RESOLVED that the matter of determining a budget amount to be placed at the disposal of the Saint John Housing Commission be referred to the Budget Committee in Committee of the ✓ Whole. On motion of Councillor Pye P949 On the question of issuance of a license that would be in effect for the life of the bicycle, Councillor Kipping suggested that attention should be given to making the said license of a material durable enough to last for the required time. At this time, Councillor Higgins withdrew as seconder of Councillor Pye's motion. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that the matter be laid on the table and the Chief of Police e asked to study the proposed Bicycle By -Law and the sections of the Motor Vehicle Act that pertain to bicycles o determine that the proposed by -law and relevant sections of the said Act correlate and that these provisions Seconded by Councillor Higgins RESOLVED that the by -law entitled "A By -Law to Regulate the Operation of Bicycles in The City of Saint John" be read a first time. The above named proposed new by -law was submitted by Councillor Pye with a letter stating that as bicycles are classed as intermediate between pedestrians and vehicles, the Provincial Legislature has provided in the Provincial Motor Vehicle Act regulations pertaining to the movement of bicycles and various required equipment. Attached to the letter is a copy of Sections 158 to 163, inclusive, of the Motor Vehicle Act per- taining to bicycles. In addition to recommending two readings of the proposed new by -law at this time, the letter recommends that the Common Council ask the Chief of Police to examine the sections of the Motor Vehicle Act pertaining to bicycles and that those provisions of the said Act, as well as the up -dated Bicycle By -Law, be enforced with discretion, having regard to the needs of cyclists, pedestrians, car drivers and the public in ' general. The letter states that the proposed by -law has been examined and approved as to legality and form by the City Solicitor. Councillor Pye stated that in view of the fact that many of the present -day bicycles are geared to attain speeds in excess of 30 miles per hour which posed a constant menace to the pedestrian and motor vehicle driver when bicycles are under the control of incapable operators, particularly in areas such as public parks, shopping plazas and busy traffic arteries, he would stress the employment of Section 123 (2) of the Motor Vehicle Act which reads, "No person shall drive a vehicle on a highway at a greater rate of speed than is reasonable and prudent under the conditions and having regard to the actual and potential hazard then existing ". He stated that in view of that element of the cycling public who persist in riding upon the sidewalk with utter • disregard for life and limb he urges the use of Section 305 (a) of the said Act which states, "Every person who drives a motor vehicle on a highway without due care or attention is guilty of an offence ". He further stated that because of the required enactment of special legislation to legally justify the prohibition of bicycles operation on certain streets in the city's up -town central area he would recommend a temporary abandonment of that course of action and, in its stead, he strongly advises the placing of King Square and the Old Burial Ground as off limits to bicycle riders in addition to strict enforcement by Police authorities of the local by- law and those sections of the Motor Vehicle Act which are applicable to bicycles. He stated that if the said action fails to eliminate the bicycle problem in the area in question he will again approach Council and request the necessary legislation to restrict the use of bicycles in the said area. Councillor Pye noted that this presentation was an expansion upon the remarks he made previously to Council when introducing the by -law. Referring to the sections of the proposed by -law, Councillor Davis noted that it only covers two offences, namely, the lack of a license on the part of the bicycle rider, and the riding of bicycles in King Square and the Old Burying Ground, for which there would be a fine, and that the proposed by -law does not cover the aspect of rudeness or speeding, or any of that sort of thing, although the Motor Vehicle Act does cover ' that. He expressed his dissatisfaction with the proposed by -law, stating he does not feel that this by -law covers the subject sufficiently. He felt that there would be problems with this type of by -law in that it is thoroughly normal for a child, seven or eight years of age, to ride a bicycle and if he bumps into someone on the sidewalk you have a court case whether or not the person is hurt. He noted that children are not necessarily rude, and he stated that he does not see why this Council should be trying to legislate good manners. `Hetfelt that the riding of bicycles is a problem with us, the same as is jay - walking. During this discussion, Councillor Pye made the point that his letter recommends that the matter be referred to the Chief of Police requesting him to employ the use of the Motor Vehicle Act which covers all phases of bicycle activities as empowered by Section 158 of that Act, and that he feels that that, coupled with the proposed by -law, is more than adequate to take care of our needs. He also stated that the Motor Vehicle Act, which in the majority of cases carries a minimum fine of $10.00, covers the other infractions that would ordinarily be committed by a bicycle. Councillor Davis pointed out that the Motor Vehicle Act's section covers a bicycle in the same fashion that it covers a motor vehicle - a motor vehicle does not go on the sidewalk and neither does a bicycle. He noted that if a very • young child is riding a bicycle on a sidewalk and there is nobody around that child is committing a crime, and stated that he does not think that this is With to this so. regard criticism expressed by Councillor Davis on the Motor Vehicle Act, Mr. Rodgers pointed out that the only action the Council can take in this regard is present its criticism to the Province on the Motor Vehicle Act because we cannot change such legislation. Councillor MacGowan made reference to the matter of applying to the Chief of Police for a bicycle license and stated she feels that the license is very important in case of stolen bicycles, for one thing - it is for the protection of the owners. She stated that she would like the regulation to be that the license be in effect for the life of the bicyle, when it is issued, but she feels that the matter of what happens to the license when the bicycle is sold should be referred to the Chief of Police so that the record will show that there has been a transfer of the bicycles, for the new owners' protection. She stated that she is not asking ' for another license, but she feels the foregoing suggested regulation should be included in the by -law re- garding the license and transfer of bicycles. With regard to the provision in the proposed by -law under Section 5(b) "upon such payment the person committing the violation is not liable to further prosecution ", she felt that the by -law should indicate that this is for that one offence, her point being that the person violating the by -law would be subject to prosecution at a later date for further violation of the by -law provisions. Councillor Hodges drew attention to the fact that bicycles are being operated at night without a light, which creates a dangerous situation for both the riders of bicyles and the drivers of motor vehicles who might run into the bicycles because the drivers are unable to see the bicycles. He also cited the danger at ' night when children riding bicycles cut off from the motor vehicle lane, on the wrong side of the road, on to the sidewalk. Councillor Pye noted that Section 163 of the Motor Vehicle Act pertains to the question of lights. P949 On the question of issuance of a license that would be in effect for the life of the bicycle, Councillor Kipping suggested that attention should be given to making the said license of a material durable enough to last for the required time. At this time, Councillor Higgins withdrew as seconder of Councillor Pye's motion. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that the matter be laid on the table and the Chief of Police e asked to study the proposed Bicycle By -Law and the sections of the Motor Vehicle Act that pertain to bicycles o determine that the proposed by -law and relevant sections of the said Act correlate and that these provisions provide the desired regulations including lights, safety, et cetera, and to report back to Council. Question being taken, the motion to table was carried. Councillor Kipping had submitted a letter for this meeting of Council on the subject of recall procedure in which he expresses the opinion that the fact that the 1936 City of Saint John Government Act was replaced by a Provincial Act, and the recall provision was lost, does not lessen the requirement for such a provision, and that the democratic system we prize so highly is incomplete without the existence of a legal procedure for removal of an incumbent from public office for proven cause. His letter proposes that the Council request the Lieutenant- Governor -in- Council to restore to Saint John by regulation the recall procedure as contained previously in the said City Government Act. Councillor Kipping stated that he has received many well thought out and considered representations about this recall matter and that he is therefore prepared to change the proposed motion so that the Council approach it in a slightly different way. On motion of Councillor Kipping Ae� // Seconded by Councillor Gould �(�/j %G % /� /4°S RESOLVED that the Common Council have the subject of including a ,QC 1 recall provision in the Municipalities Act placed on the agenda of the next meeting of The Cities of New Brunswick Association. Councillor A. Vincent in expressing his view that the Council should not be P g propounding a recall procedure, pointed out that there is no recall provision on the Federal or Provincial elected representatives'ievel, and that the Council members have been elected by the voters. He felt that the election of Council members by the voters at civic election time should suffice. Councillor Higgins stated that he would go along with the motion provided that at the meeting of The Cities the Minister of Municipal Affairs and the Minister of Justice be there to provide information �' / %i�3 !�✓ jet?, as to whether or not the recall procedure was purposely dropped in 1967 or whether it was an oversight, /06 ow % rr and if there are other alternatives as far as recall or anything else is concerned. A rp gJC2{�7 /L/ CaK/7d/ S f0 CPA P;r/KI ;PW sZDQi /h� C'0,0"- ' C ®s�r9- L E G A L 340iaClsswe Councillor M. Vincent concurred in the remarks made by Councillor A. Vincent, namely, that the Council of the day is the elected choice of the electorate in the election just held recently. He stated he feels that in a democratic situation perhaps there might be some course of action that may have to be necessary should the need arise. He stated that he endorses the motion and the suggestion made by Councillor Higgins so that we can learn what the Minister of Municipal Affairs and other municipalities that may not have considered the subject of recall procedure, would think of such a procedure, by having the matter considered at the meeting of The Cities of New Brunswick. • • Councillor Green noted that the Provincial Government saw fit to not include the recall pro - cedure provision in the Municipalities Act, and he also noted that in all his experience as an elected representative over the years on the Municipal Council he has never known a Municipal Councillor to be recalled. He stated that he cannot see any basis for seeking to have a recall procedure enacted, and that he cannot support the motion. Noting that Councillor A. Vincent had mentioned some weaknesses of the present Municipalities ' Act relating to persons offering for and elected to office on municipal councils, Councillor MacGowan felt that these weaknesses should also be referred to The Cities of New Brunswick. She recalled that she had asked about two or three matters, and hoped that these would be included on the agenda of the forthcoming meeting of that organization. She stated she feels that all these things should be discussed at that time. Weaknesses cited by Councillor A. Vincent in the said Act, about which he is concerned are:- he understands that a person cannot sit on a council if he has a criminal record and yet he is permitted to run for office with a criminal record; he understands that a person is permitted to run for office if he is mentally ill but if he is elected he is then required to pass a psychiatric test; it is possible that a council member could be provoked into committing an act for which he could be charged, such as assault or any other criminal act, that would force him to resign his council seat. Question being taken, the motion was carried with Councillors Green, A. Vincent, Hodges and Pye voting "nay ". The Mayor noted that the above resolution will be forwarded to The Cities of New Brunswick with a recommendation that all Councillors have a chence to study the subject and that it be brought in to a meeting of that organization. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the application by Mr. George F. O'Connell, Q. C., On behalf of Mr. Walter A. Beckett for re- zoning of the Beckett Subdivision at the Acamac Backland Road ' and the Martinon By -pass, be referred to the Planning Advisory Committee for a report to Council: AND FURTHER that authority be granted to proceed with the necessary advertising in connection with the above named re- zoning application. On motion of Councillor Green Seconded by Councillor Higgins > RESOLVED that the letter from Mr. David E. Morehouse advising ' that as it is his intention to move from the city he finds it necessary to resign as a member of the Planning Advisory Committee, be received and filed and the resignation accepted and Mr. Morehouse thanked for his services. On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that this meeting continue, in legal session. On motion of Councillor A. Vincent Seconded by Councillor Hodges • RESOLVED that the letter from Walwyn, Stodgell and Gairdner Ltd., ted September 9th, 1974, on behalf of the syndicate composed of themselves, as Syndicate Managers, and rns Bros. & Denton Ltd., Toronto Dominion Bank, The Bank of Nova Scotia, Crang & Ostiguy Inc. and A r ?11. Scotia Bond Co. Ltd., outlining the conditions under which they would give the City of Saint John a firm bid for $2,500,000.00 City of Saint John, N. B. debentures, maturing October 15th, 1994, and retractable to October 15th, 1979 at the holders option by giving notice to the City between the dates October 15th, 1978 and April 15th, 1979, and an option on this financing of up to an additional $2,500,000.00 on the same basis, be received and filed and the said syndicate advised that the City is not in a legal position to accept these offers within the one week period prescribed in the letter but that the City will consider the offers at the expiration of the thirty -day period from September 9th, 1974 in accordance with the Notices of Motion given at this meeting of Council regarding the said two debenture issues of $2,500,000.00 each. Noting that Mr. D. M. Merrithew, Manager of Walwyn, Stodgell and Gairdner Ltd. was outside the Council Chamber and was prepared to attend this meeting, if the Council so wished, to answer any questions, the Council ' directed that Mr. Merrithew be told he would not be heard. Mr. Park advised that on behalf of the Common Council, he wrote to the Deputy Minister of Municipal Affairs to follow up on the meeting held in Saint John in May between the Council, the Premier and the Ministers of Finance and Municipal Affairs when the Council raised with them the question of what they might do to help municipalities sell bonds, at which time the Premier and the said Ministers told the City that they had under study the possibility of forming a Provincial - Municipal bond financing corporation; however, he is now advised that they have no immediate intentions of going ahead with forming such a body. /Y / /e /•� /d"/w° On motion of Councillor A. Vincent AU, dg. S Seconded by Councillor Gould RESOLVED that a letter be sent to the Minister of Finance and to the C�/hh Premier, with copies to the seven Members of the Legislative Assembly from Saint John, requesting an emergency Vi%a meeting with the Provincial Government to look into all aspects of municipalities financing capital projects by YQ,pydjmy the issue of debentures. 4Y On motion G'/t667� /,5(/eS em"Vzif"rA The meeting adjourned. Corm o Clerk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty -third day of September, A. D. 1974, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, M. Zides, Municipal Planning Director, A. Ellis, Building Inspector, E. W. Ferguson, Chief of Police, J. C. MacKinnon, Assistant Director of Works - Operations, C. Robichaud, Assistant Director of • Works- Engineering, D. French, Personnel Officer, G. Baird, Executive Director of Economic Development, and R. Thompson, Assistant Redevelopment Officer The meeting opened with silent prayer. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that minutes of the meeting of Common Council, held on September 9th last, be confirmed. ' Councillor Hodges noted that since the above named Council meeting at which Councillor A. Vincent discussed terms of acquisition of a piece of equipment by the previous Common Council, this being an item with which the new Council members are not familiar, information has been made available to Council in this regard. yafte4W He suggested that the Common Clerk at this time read the explanatory memorandum, for the information of the �r �• �ry� public. The Common Clerk thereupon read the contents of the said memorandum, dated September 11th, 1974, which was addressed to the City Manager by the Commissioner of Finance, "At the Common Council meeting held on September 9th, reference was made to an occasion on which there had been misunderstanding of the terms of purchase on some item of equipment. At the time I could not recall the case. Since the meeting I have recalled it and it was as follows. On February 5, 1973 Common Council authorised the purchase of one Selectric Composer mm Machine at a total cost of $6,080. Later in the year it was found that the terms of purchase had been incorrectly f'�a��%•� quoted in the submission to Common Council and so it became necessary to make a second request to Common e0, Council based upon a total cost of $1,107. in place of the original authorisation for $6,080. The second e request was approved by Common Council on November 19, 1973. ". Councillor Hodges asked that the aforegoing explanation be part of the amended minutes of September 9th Council meeting. Question being taken, the motion was adopted regarding the said amended minutes of Council. �� ®�• /% The Mayor advised that the meetings held in Fredericton on September 20th and 21st last at the vv Provincial- Municipal conference, which were attended by Councillors and himself on behalf of the City of Saint • BU efe ' John, were interesting. He stated that he finds that the Council from now on, as we are at the budget time, JJ has to watch for justification of certain expenditures and to make sure that every bit of business that is done by the City is done in an approved and business -like way in order to keep costs to the level that the public expects. L �l ^6-yu i;e�weopl t j"eh �e7� Llgr�i�6rs�� -e�l _ a /�f zed oi7.S'0004w'IIF sse,�e�i �Ti�l�• On motion of Councillor Green Seconded by Councillor Higgins tiger, approval be ranted for fRF�SOLE� thatn acc rdaor with the of the Citv g payment o e o lowing invoices - to the Works Department Hatfield, Ltd. - to the Works Department On motion of Councillor M. Vincent August 15 -31, 1974 (dated August 30, 1974) $ 2,264.50 August 16 -30, 1974 (dated September 4, 1974)$15,534.40 Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, approval be given for payment of the invoice from Stephen Construction Company Limited in the amount of $29,624.78, dated September 16th, 1974, for the supply of asphaltic mixes to the Works Department during the period Sept - ,ember 3rd to 13th, 1974. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that as per the recommendation of the City Manager, authority be granted for payment of the following construction progress certificates and approved invoices for ngineering Services regarding projects that have been undertaken under the Department of Regional Ec- HS Oil onomic Expansion programme:- • In reply to Councillor Cave's query regarding the Courtenay Bay causeway approaches, Mr. Robichaud sed that preliminary paving will be done this year, with final chip seal coating to be placed next , which means that the causeway will be ready for use by traffic later this fall. Councillor Cave noted that a back -up of traffic at the eastern and western approaches to the , said causeway is caused by the fact that motorists coming up Bayside Drive and Crown Street do not use their vehicles' signal lights when coming off the causeway approaches. He asked that the Chief of Police make note of this problem. �'�• • �� On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that as recommended by the City Manager, approval be granted for payment of the invoice from Stephen Construction Company Limited in the amount of $3,406.00, dated �h August 31st, 1974, for equipment rented to the Works Department for the period August 16th to 30th, 1974. On motionof Councillor Higgins • Seconded by Councillor Gould RESOLVED that the letter from the City Manager, advising that in I Courtenay Bay Causeway Approaches Engineering Services for Eastern Approaches �•A ��SS �• A. J. Callaghan & Associates Ltd. Payments previously approved $ 73,373.69 • Sum recommended for payment, Progress Estimate Number 29, August 31, 1974 $ 7,180.29 /y� �C' ,� A /�/ �� "�"`� 2. Milford- Randolph - Greendale Collector Sewer Giffels Associates Ltd. /e�7o//'� AS'SoC' Engineering Services iT/'��5 Payments previously approved $106,880.57 Os Sum recommended for payment, Invoice Number 22587, progress pay- ment Number 33, dated August 16, 1974 $ 2,432.92 $W;Y. �IC%��� 3. Western Residential Area Collector Sewer Q. E. D. - Interprovincial Engineering Engineering Services yy�� "� h9 1^� Payments previously approved $ 87,126.20 , / ✓ Sum recommended for payment, Certificate Number 34, July 31, 1974 $ 281.09 4. Milford - Randolph- Greendale Collector Sewer W1AV1( /77�®e���++ Giffels Assoicates Ltd. 670/ sowel^ Engineering Services /)j �/� lS nf� Payments previously approved $109,313.49 Q' r`)'�i �rt7� Sum recommended for payment, Progress Estimate Number 34, September 6, 1974 $ 2,078.78 5. Residential Land Bank External Service Supply and Install 12 -inch Water and 18 -inch Sanitary Sewer on f� �BiWvC Los Hickey Road Gerald J. Ryan Company Ltd. Total Value of Contract $ 17,677-50 • //�� Total Work Done, Estimate Number 5 17,411.30 C�o./!i�b Retention Nil Payments previously approved 16,888.95 Sum recommended for payment, Certificate Number 5, September 13, 1974 522.35 Hazen Creek Sewage Treatment Plant �'�I' 7-C• �f 1�'Ebi Godfrey Associates Limited Engineering Services !)...J��� Payments previously approved $ 14,535.96 ' 4 ms's 6c Sum recommended for payment, Certificate Number 26, August 30, 1974 $ 711.10 In reply to Councillor Cave's query regarding the Courtenay Bay causeway approaches, Mr. Robichaud sed that preliminary paving will be done this year, with final chip seal coating to be placed next , which means that the causeway will be ready for use by traffic later this fall. Councillor Cave noted that a back -up of traffic at the eastern and western approaches to the , said causeway is caused by the fact that motorists coming up Bayside Drive and Crown Street do not use their vehicles' signal lights when coming off the causeway approaches. He asked that the Chief of Police make note of this problem. �'�• • �� On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that as recommended by the City Manager, approval be granted for payment of the invoice from Stephen Construction Company Limited in the amount of $3,406.00, dated �h August 31st, 1974, for equipment rented to the Works Department for the period August 16th to 30th, 1974. On motionof Councillor Higgins • Seconded by Councillor Gould RESOLVED that the letter from the City Manager, advising that in I F_ �S /�P�Pit°� oslifs iftem Mader" • �s�7ay/ q Q! p SM9 sbep— wo i..f� • L 213 April, 1974 the Common Council allocated $3,000.00 as its share towards the cost of the establishment of an Artist -in- Residence, to be located at the University of New Brunswick in Saint John and that this person will work half time for the community and half time for the University, and that since that date the project has progressed to the point where the Univerity has incorporated it into its programme and the Canada Council has been kept fully informed; that the post has been advertised in theatres across Canada and in the Toronto Globe and Mail, and will be advertised in the local paper within the immediate future, and that a number of well qualified applications have already been received by the University; and recommending that, in order to ensure that the Artist -in- Residence programme is administered properly, a Joint Civic - University Committee be estab- lished -- be received and filed and the recommendation adopted and the matter of nominees to the said Committee be referred to the Nominating Committee. On motion of Councillor Cave Seconded by Councillor Eye RESOLVED that the letter from the City Manager,'submitting a report dated August 20th, 1974 from Mr. J. C. MacKinnon, Assistant Director of Works - Operations, up- dating his October 5th, 1973 report on the pros and cons of renting equipment as against purchasing it, and noting that it is encouraging to find that changes in operating procedures have resulted in savings in utilization of hired equipment, and that it also further illustrates the point that the question of purchase versus rental is to be carefully examined in each individual case, be received and the report tabled for future consideration. On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that the letter from the City Manager, recommending that the contract price of Modern Building Cleaning for supplying janitorial services for the area of the City Hall complex occupied by the City be increased by $380.00 per month, effective August 1st, 1974, for a total of 2,775.75 per month, with further increases of $282.34 per month from January lst, 1975 to June 30th, 1975, for a total of $3,058.09 per month, and $281.47 per month from July lst, 1975 to December 31st, 1975, for a total of $3,339.56 per month, be laid on the table pending receipt of information that is to be sought from Fredericton. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the City Manager, authority be granted for the following payments to be made on Capital Budget projects, and other payments:- Woodward Avenue 42 -inch Storm Sewer Supply and Install 42 -inch Storm Sewer Gerald J. Ryan Company Limited Total Value of Contract $ 165,165.00 Total Work Done, Estimate Number 5 177,605.44 Retention 5,328.16 Payments previously approved 150,964.62 Sum recommended for payment, Certificate Number 5, August 31, 1974 $ 21,312.66 Omega Site Servicing Supply and install sanitary and storm sewer and watermain for Century Twenty -One, south side of Hickey Road Gerald J. Ryan Company Limited Total Work Done, Estimate Number 4 $ 24,755,50 Retention Nil Payments previously approved 24,012.84 Sum recommended for payment, Certificate Number 4, September 13, 1974 $ 742.66 Marsh Creek Flood Control Stud Proctor & Redfern Limited Engineering Services Sum previously approved Nil Sum recommended for payment, Invoice Number 1634, August 26, 1974 $ 15,390.17 Latimer Lake Mobile Home Park .n a „, Nova Mobile Homes (Saint John) Ltd. Cost sharing as per Mobile Home Park By -Law, Section 30(2) Work performed to date $ 8,082.16 Retention, 25% 2,020.54 Payments previously approved Nil Sum recommended for payment, Certificate Number 1, September 10, 1974 $ 6,061.62 AND FURTHER that the covering letter from the City Manager, advising that with respect to the Proctor Redfern Engineering Services and Marsh Creek Flood Control Study, this work was undertaken by Common Council der of June 11th, 1973; payment was on a time spent basis, and the cost at that time was estimated at $13,000.00 e final cost of the Study is slightly greater than that estimated because of the considerable time that was quired to examine conditions in the field and evaluate alternative solutions - the complete study which was esented to Council in May, 1974, is a most thorough and useful document; and further advising that with spect to the paving of the Latimer Lake Mobile Home Park, this is the first work done to date under the ovision of the Mobile Home Parks by -Law whereby the City may share in one -third of the total cost of paving, d that it is recommended that the City participate in this as a model for other mobile home parks in the ea -- be received and filed and the recommendation adopted. Mr. Barfoot explained that the above noted cost sharing regarding the Latimer Lake Mobile Home Park s the first instance that the City has done this, and it is hoped that it will encourage other mobile home arks in the area to follow suit. Discussion ensued between Councillor A. Vincent and Mr. Robichaud on the matter of hold -back with and to the Omega site servicing project. Councillor A. Vincent indi cated�ithat he will obtain the information desires from Mr. Robichaud. In reply to Councillor Higgins' and Councillor Cave's query regarding the starting time of the storm connections in the Donaldson Street area, including the Woodward Avenue 42 -inch storm sewer, Mr. Barfoot .b14 Z5eAdQ11V.0T Ai e,&, Delmer Pa 0hea LC I?ee6';4 A-ahlrs S 36.7"14 7^_ w de {fir 67 464,�kaot ��Ci�►n C'viasi»issiaa�/ advised that the work will be commenced within two weeks; the said 42 -inch storm sewer work will be completed this fall; the five storm sewer connections work is scheduled for this fail with completion as soon as possible. In reply to Councillor Green's question as to when the major capital project at the Memorial Field off Dever Road will be completed and the site put into a finished state, Mr. Barfoot stated he will check to determine the date for that work. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from the City Manager submitting a report from the Director of the Recreation and Parks Department which details the assessment made by the De- partment on the location and timing for the replacement of the clubhouse at Shamrock Park in relation to other developments at this Park and proposes that the new service building be located on the rocky knoll ,behind the tennis courts where it will be central to the needs of several sports, and advising that he concurs in the said Director's recommendations which are as follows: -that the proposed location of the service building be approved in principle; that approval be obtained for the.hiring of a local architect to prepare plans and specifications, cost estimates, and tender documents for the first phase of this project in time for construction to be completed in 1975; that subject to approval of plans and specifi- cations and cost estimates, this project be included in the 1975 Capital Works Construction Programme and further advising that with'respect to architectural services, Mr. R. Dhar, City Architect, will be submitting a recommendation in due course -- be received and filed and the said recommendations approved, and that Mr. Dhar should have the plans for architectural services supplied for the next regular Council meeting. Councillor Parfitt noted that the City is committed for many expenditures in the recreation sports area (the arenas, the field house at the University of New Brunswick in Saint John, the swimming pool at Simonds School, et cetera) and asked for some indication from Mr. Park if we are taking on more than we can manage. She asked how far we can go on the budget and how much we are committing for such projects. Mr. Park replied that this sort of question is one to which there is no definite answer because the question of how far we can go is a matter of judgement, and, sometimes, in order to find out whether judgement has been exercised properly in this direction or not it is necessary to have actual experience. He stated that when the 1974 capital budget was considered by Council in April and May of this year a great deal of attention was directed towards the total size of it and some concern was expressed that it was considerably in excess of the spending level we had in recent years, but whether we have gone too far or not is very difficult to say. He stated that to some extent the question raises the related one of are we able to sell the bonds that are needed to finance our share of the expenditure. He noted that we will have the opportunity of testing this fiarly soon in the future because at the last Council meeting there was a Notice of Motion that approximately thirty days from now we will be inviting bond dealers to tender on our next issue of bonds and we will be getting some indication from the response to the tender call what are the impressions of the dealers of the prospects of selling bonds under today's conditions, and we are naturally hopeful that they will still sell, although we cannot escape the fact that the interest rate is going to be the highest we have ever paid. Noting that this is not a very positive answer to Councillor Parfitt's question, he stated that it is the best he can do, in the circumstances. Councillor M. Vincent noted that the field at Shamrock Park presently and in past years has had considerable usage for various sports, and that there is literally no facility there for changing, and there are no washroom or toilet facilities whatsoever. He further noted that criticism has been levelled at us by the sports field for not providing adequate facilities for recreation purposes, and he stated that he hopes that when the proposed building is built at Shamrock Park it will be done elaborately enough to provide the facilities that are so needed. He urged that we provide the secondary facilities at this Park to make this sports facility what it should be. Councillor Green spoke in support of the proposed new building for Shamrock Park. Councillor MacGowan stated she is concerned with the urgency of this job, and stated she would like to see construction completed in time for the summer of 1975• • L J • The Mayor asked why go and get an outside architect when we have one on our staff. Mr. Barfoot • replied that in order to complete the job of preparing plans and specifications in any kind of time for construction to take place as quickly as possible it is essential to engage outside staff on major projects; if we were able to supplement the staff of the City Architect the City could certainly undertake this type of building itself. Councillor A. Vincent posed the question that tenders be called for the services of architects. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager advising that the Saint John Board of Trade has asked the City to support a request to Air Canada to change the time Poh flight departure of Flight 657 from 4.00 p.m. to 6.00 p.m. as the business community strongly feels that the winter schedule, which is effective on October 28th, 1974 and which lists the evening flight to Montreal as leaving Saint John airport at 4.00 p.m. is a most inappropriate time for this flight in the interests of both the local businessmen and Montreal businessmen - and recommending that the City of Saint John strongly urge Air Canada to re- schedule Flight 657 from 4.00 p.m. to 6.00 p.m. in their 1974 -75 winter timetable because the present timing is detrimental to the effective business of the community - and suggesting that the Council's resolution in this regard be transmitted to Air Canada and the Canadian Transportation Commission -- be received and filed and the recommendation and suggestion be adopted. Councillor Green felt that copies of the above resolution should be forwarded to the local r of Parliament and to the local representatives of this area, for their information. He asked that be included in the Council's resolution. On motion of Councillor Davis Seconded by Councillor Hodges RESOLVED that the letter from the City Manager advising that with egard to the Milford - Randolph - Greendale Sewer System project, tenders closed on August 20th, 1974; that he City's consultant's estimate of the cost of the work was $1,010,000.00 and that the only tenderer, albraith Construction Ltd., submitted a bid in the amount of $1,630,640.00; that the City's consultant eviewed the submitted tender and present market conditions and feel their estimated price should have een in the vicinity of 1.2 million dollars which is still some $430,000.00 less than the tender sub- 'A F_ I I 215 initted, and as a result, our consultant recommendmot accepting the Galbraith Construction Ltd.'s tender and that the project be sub-divided into three smaller contracts and re-tendered; that the engineering division of the Works Department recommends not accepting the bid, which in their opinion is considerably inflated when compared to today's market prices and that the total contract be re-tendered with more extensive advertising, ,Sy sending notices to all contractors engaged in this type of work -- and recommending that the tender of Galbraith Construction Ltd. in the amount of $1,630,64o.00 not be accepted and that the project be re-tendered immediately, using more extensive advertising techniques -- be received and filed and the recommendation adopted. Councillor MacGowan expressed concern that the above recommendation will cause a delay in the project, bearing in mind that it has taken several years in getting at this work, already. She also expressed concern that it will cost more to do the work, if any extensive delay is occasioned. She stressed that there is an urgency in having this project done. She asked how much of a delay there will be if we do advertise, as recommended. Mr. Barfoot explained that the idea of re-tendering and splitting it up in smaller tenders is to involve some of the local contractors who may not be so heavily committed in other construction work, rather than trying to get an outside tender in (the idea of having the.one tender was that perhaps somebody else would come into the city and bid and give us a competitive price, but this did not work out). He added that, hopefully, by a little bit of promotion we may be able to interest some competitive bidders and get a more reasonable price by following the above recommendation for three smaller contracts. He stated that there would be a delay of two months from now in doing this. Councillor Kipping stated that he would agree with the above recommendation made by the City Manager. In reply to Councillor Kipping's question as to how extensively the advertising will apply, Mr. Barfoot stated that we will be advertising and it will be advertised in the Daily Commercial News which is a Canada-wide publication. He explained that the Engineering Department felt that even though this advertising was carried out it apparently requires more than advertising today in order to get any responses - with the contractors so busy - and that it requires a little bit of encouragement to the contractor to bid on the particular job, that is, that it would require morL- promotional work. Councillor Cave stated that in this matter he is not concerned with the contractor as much as he is concerned with the consultants, bearing in mind that in some of the works projects we have gone through in the past two years this same contractor lost one-quarter of a million dollars and yet he was hired on the consult- ant's figure in that particular area of East Saint John. He stated that.he is not interested in the contractor, but he is interested that this consultant was �190,000.00 above his ' first anticipated cost and he admits that he made a mistake in this amount. He stated he does not think that the consultant did his home-work, and that he feels we should discharge the consultant and engage someone else. Question being taken, the motion was carried with Councillors Cave and.A. Vincent voting "nay". A motion was proposed by Councillor A. Vincent, which Councillor Cave had stated he would second, that the present consultant on the Milford-Randolph-Greendale Sewer System project be discharged. The Mayor pointed out that the motion could not be entertained as it would have to be placed as an item on the agenda. Councillor A. Vincent replied that he can place it on the agenda for the next meeting although he would like to see it added to this meeting's agenda. Mr. Barfoot stated that, in defence of the consulting business, this is an ext raordinarily difficult year for consultants to bid in Saint John because there has been a tremendous escalation in construction costs and the consultants are finding it very difficult to get any kind of a realistic estimate for construction work in this city; the consultants in this case are Giffels Associates and he does not believe it is their fault that this price has come in so very much higher than they estimated with their knowledge of the construction business. Noting that Councillor A. Vincent was withdrawing the proposed motion, the Mayor stated he felt that we could. analyse the matter later and get a report. On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, approval be granted for payment of the invoice from the Power Commission of the City of Saint John, dated September 5th, 1974, in the amount of $2,877-17, for relocating power lines at Saint James Street, West, in connection with the construction of a retaining wall -funds for this expenditure being available in the 1974 capital budget. Councillor A. Vincent noted that the letter from the City Manager had incorrectly referred to the ,above work site as being Saint John Street West, and stated that he could find no retaining wall on this street when he went over to view it, and that he now wants to go over and look at its location on Saint James Street, West. On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that this matter be laid on the table and the letter from the City Manager corrected, as noted. Question being taken, the motion to table was lost, with Councillors Kipping, Higgins, Green, Eye, MacGowan, Davis, Gould, M. Vincent and Parfitt voting "nay". On motion of Councillor Gould Seconded by Councillor Green RESOLVED that as recommended by the City Manager, approval be granted Power for payment of the invoice from the Power Commission of the City of Saint John,dated September 5th, 1974, in 067WVMiSSi0A the amount of $2,877.17, for relocating power lines at Saint James Street, West, in connection with the construction of a retaining wall - funds for this expenditure being available in the 1974 capital budget. A040 /4r;X In reply to Councillor A. Vincent's question as *to what work was done in regard to the above named bill, Mr. Barfoot stated that this work was done in accordance with the City policy on the relocation of utilities. At this time, he gave a breakdown of this bill, for labour and trucks and stock, and stated that in accordance with the policy the City is credited with the salvage costs of the existing lines. He stated that there was ten per cent engineering supervision cost included in the bill of the above named work, making the total of the bill $2,877-17. Question being taken, the motion was carried with Councillors Hodges and A. Vincent voting "nay-". On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the report for August of Technical and Inspection Services and the Plumbing Division, and the report for July of the Street Division of the Works Department, be received and filed. 216 G'o /a%/9 49A ►* R,oe. .�a�idsea�i, C'or,�t�ei/ /ter m eve, �ogd 1 s sAe Councillor M. Vincent noted that the Works Department report refers to an item for $1,919.00 for landscaping on the Golden Grove Road, and he asked where this work was done. Mr. MacKinnon stated • that it was done along that portion of the Road lying between Parkhill Drive and Westmorland Road, by the racetrack area. He advised that sodding was used in this regard. Councillor Parfitt expressed the wish that information contained in the Works Department report would be publicized, such as the amount of asphalt laid up to the end of July and the cost of same, including labour, for the information of the citizens; also, the number of miles of City streets there are to be maintained. Discussion ensued between Councillor Davis and Mr. MacKinnon on the details given in the Works Department report on revenues derived from parking meters, it being noted that clarification is needed regarding the figures given. Councillor Davis noted that each parking meter averages a revenue of 43� ' per day which he feels is low. He also noted that probably some people over -park at the meters all day and take a parking ticket and pay the fine, and stated he feels that probably a change has to be made in the supervision of the meters. Councillor Hodges noted that it would either be that or probably a change should be made in the cost of parking which is very low at 50 an hour. The Mayor asked that the above noted section of the July Works Department report be presented again for the next meeting of Council. On motion of Councillor Cave Seconded by Councillor Mac Gowan RESOLVED that the letter from the Commissioner of Finance with regard to the proposed bond issue and submitting a list of capital expenditures to be approved as bond issue, be received and filed and authority granted for payment of the various items by bond issue, the said items being as follows, namely:- FOR GENERAL PURPOSES: Public Works: Road Construction and Street Paving - Union Street $88,045.00; Chesley Street $1,212.00; University Avenue $1,785.00; Cedar Point $145,105.00; • Sandy Point Road $114,106.00; Thornbrough Street $8,328.00; Grandview Avenue $76,984.00; Parkhill Drive $22,612.00; Norris Road $6,879.00; Morrison Road $1,490.00; Golden Grove Road $82,383.00; Loch Lomond Road $5,928.00; Todd Street $4,214.00; Westmorland Road $25,513.00; Mackay Street $4,909.00; Hickey Road $11,803.00; McAllister Drive $47,830.00; Lorneville Road $24,348.o0; McCavour Drive $5,201.00; Raynes Beach $6,380.00; Main Street, West $14,945.00 -- $700,000.00 Recreation and Parks - Shamrock Park development $67,666.00; Ball parks, playgrounds and play areas $226,224.00; Beaches and docks $68,466.00; Swimming pool $150,096.00; Rockwood Park development $156,976.00; Land for recreation purposes $30,572.00 -- $700,000.00 ' Land for general purposes - Broadview Avenue Numbers 53 -55 $20,000.00; Sydney Street Numbers 244, 248, 250 $12,000.00; Manners Sutton Road Number 33 $7,000.00; Milford Road $35,000.00; Bayside Drive Number 143 $26,000.00 -- $100,000.00 Total General Purposes - $1,500,000.00 FOR SELF - SUPPORTING UTILITIES: Power Commission: Substations and extensions to the distribution system - $1,000.00 Total Self - Supporting Utilities - $1,000,000.00 A total for all purposes - $2,500,000.00 On motion of Councillor Higgins • Seconded by Councillor Cave RESOLVED that the letter from the Commissioner of Finance with regard to the proposed bond issue and submitting a list of capital expenditures to be approved as bond issue, be received and filed and authority granted for payment of the various items by bond issue, the said items being as follows, namely:- FOR GENERAL PURPOSES: Transportation - Streets Road construction and street paving as detailed in 1974 Capital Budget adopted by Common Council resolution dated May 6, 1974 - $700,000.00 tion and Cultural Services - Projects detailed in 1974 Capital Budget adopted by Common Council resolution dated May 6, 1974: Recr- eation $319,000.00; Arenas $381,000.00 -- $700,000.00 , Total General Purposes - $1,400,000.00 FOR SELF - SUPPORTING UTILITIES: Water and Sewerage Department: Water System - Loch Lomond Road $29,000.00; Forest Hills $22,000.00; Summit Avenue $35,000.00; Latimore Lake Chlorin- ation Plant $40,000.00; Subdivisions $24,000.00 — $150,000.00 ewer System - olden Grove $4,000.00; Lakeview Drive $6,000.00; Silverstone $6,000.00; Loch Lomond Road $5,000.00; • oodward Avenue - sanitary $23,000.00; Wellesley Avenue $35,000.00; Lakeview Drive $60,000:00; Charles treet $40,000.00; Ann Street $15,000.00; Summit Avenue $55,000.00; Canada Packers $40,000:00; Greendale 100,000.00; Woodward Avenue - storm $180,000.00; Subdivisions $181,000.006 - $750,000.00 F, 217 Power Commission Substations and extensions to distribution system - $200,000.00 Total Self- Supporting Utilities - $1,100,000.00 A total for all purposes - $2,500,000.00 On motion of Councillor Higgins Seconded by Councillor Kipping RESOLVED that the following resolution be adopted, namely:- "WHEREAS the City of Saint John hereinafter called the 'Corporation' is authorized by Chapter 27 of the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto, and the Municipal Debentures Act, and amendments thereto, as occasion may in the public interest arise for the carrying on of any public civic works or needed civic improvements, to borrow any sum or sums of money for any such S purpose and to issue debentures to secure the repayment of such monies; AND WHEREAS the Corporation by virtue of Section B (3) of an Agreement dated the 28th day of November 1968 between Central Mortgage and Housing Corporation and The Corporation of The City of Saint John and Her Majesty the Queen in Right of the Province of New Brunswick pertaining to an urban renewal scheme in an area comprising appro:imately 198 acres of land in the North End Area of The City of Saint John has agreed on July lst in each year to issue and deliver to Central Mortgage and Housing Corporation a debenture of The City of Saint John equal in amount to the principal amount advanced in the preceding twelve months period by Central Mortgage and Housing Corporation to The City of Saint John: THEREFORE BE IT RESOLVED AS FOLLOWS That the Corporation do create and issue a debenture of a principal amount of $77,185.94 bearing nterest at the rate of 6 7/8% per annum commencing on the first day of July, 1974. • That payment of interest and instalments of principal be made on July first annually over a term of 11fifteen years in accordance with the schedule hereto annexed. That such payments of interest and principal be made at par as they fall due at the main office of Bank of Nova Scotia in Ottawa, Ontario. Provided that the Corporation shall have the privilege of paying the whole amount owing hereunder or part thereof at any time prior to the first day of July in the year 1989. That the Mayor and Common Clerk of the Corporation be hereby authorised to sign the said debenture behalf of the Corporation and the Common Clerk be hereby authorised to affix thereto the Seal of the Cor- •at ion. " SCHEDULE OF REPAYMENT ATTACHED TO AND FORMING PART OF: ' 6 7/8% DEBENTURE $77,185.94 ISSUED BY THE CITY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK JULY 1, 1974 TO MATURE JULY 1, 1974 (FORM OF BOND) CANADA PROVINCE OF NEW BRUNSWICK THE CITY OF SAINT JOHN ' 6 7/87 DEBENTURE THE CITY OF SAINT JOHN in the County of Saint John, Province of New Brunswick, a body corporate under a Royal Charter dated 18th day of May 1785 under authority of Chapter 27 of the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto, and the Municipal Debentures Act, and amendments thereto, and pursuant to a resolution of the Common Council passed on the 23rd day of September 1974 promises to pay to the registered holder hereof at the main office of The Bank of Nova Scotia in Ottawa, Ontario, the sum of Seventy Seven Thousand One Hundred Eighty Five Dollars and Ninety Four Cents ($77,185.94) in lawful money of Canada together with interest thereon at the rate of Six and Seven Eighths Per Centum (6 7/8 %) per annum commencing on the 1st day of July, 1974 in fifteen equal annual instalments, payment of the • first instalment to be made on the lst day of July 1975. Provided that the City of Saint John shall have the privilege of paying the whole amount owing hereunder or any part thereof at any time prior to the 1st day of July in the year 1989. This debenture or any interest therein shall not, after a certificate of ownership has been endorsed by the Chamberlain of the City of Saint John, be transferable except by entry of the Chamberlain or Payment Date Interest Principal Total July I, 1975 $ 5,397.74 $ 3,073.21 $ 8,470.95 " 1976 5,182.82 3,288.13 8,470.95 1977 4,952.88 3,518.07 8,470.95 " 1978 4,706.86 3,764.09 8,470.95 • " 1979 4,443.63 4,027.32 8,470.95 " 1980 4,161.99 4,308.96 8,470.95 " 1981 3,860.66 4,610.29 8,470.95 it If 1982 3,538.25 4,932.70 8,470.95 " If 1983 3,193.30 5,277.65 8,470.95 " 1984 2,824.23 5,646.72 8,470.95 " 1985 2,429.34 6,041.61 8,470.95 " If 1986 2,006.84 6,464.11 8,470.95 If 1987 1,554.80 6,916.15 8,470:95 " 1988 1989 1,071.14 553.83 7,399.81 7,917-12 8,470.95 8,470.95 $49,878.31 77,185.94 $127,064.25 (FORM OF BOND) CANADA PROVINCE OF NEW BRUNSWICK THE CITY OF SAINT JOHN ' 6 7/87 DEBENTURE THE CITY OF SAINT JOHN in the County of Saint John, Province of New Brunswick, a body corporate under a Royal Charter dated 18th day of May 1785 under authority of Chapter 27 of the Acts of the Legislative Assembly of New Brunswick for the year 1889, and amendments thereto, and the Municipal Debentures Act, and amendments thereto, and pursuant to a resolution of the Common Council passed on the 23rd day of September 1974 promises to pay to the registered holder hereof at the main office of The Bank of Nova Scotia in Ottawa, Ontario, the sum of Seventy Seven Thousand One Hundred Eighty Five Dollars and Ninety Four Cents ($77,185.94) in lawful money of Canada together with interest thereon at the rate of Six and Seven Eighths Per Centum (6 7/8 %) per annum commencing on the 1st day of July, 1974 in fifteen equal annual instalments, payment of the • first instalment to be made on the lst day of July 1975. Provided that the City of Saint John shall have the privilege of paying the whole amount owing hereunder or any part thereof at any time prior to the 1st day of July in the year 1989. This debenture or any interest therein shall not, after a certificate of ownership has been endorsed by the Chamberlain of the City of Saint John, be transferable except by entry of the Chamberlain or 918 his Deputy in the debenture registry book of the said City of Saint John. On motion of Councillor Davis IN TESTIMONY WHEREOF the said City of Saint John has caused this debenture to be signed by its Mayor and countersigned by its Common Clerk and its corporate seal to be hereto affixed on this 23rd day of September 1974 at the City of Saint John in the County of Saint John and Province of New Brunswick. ............ ............................... Mayor. ............ ............................... Common Clerk. 00"4V/ Tr%A# Seconded by Councillor Higgins 502)wej�lhh ' ✓ py S � RESOLVED that as recommended in the report from the Building L� lw_/_ Inspector, the lowest tenders received in each case be accepted, namely: -for the demolition of 34 St. W�¢v John Street; West, the bid of Galbraith Construction Ltd. in the amount of $1,950.00; for the demolition of the building at the northwest corner of the Loch Lomond and Whalen Roads (known as the Whalen property), �•.. n••0,, the bid of Cyril Langille in the amount of $400.00. CO!'. i%l�i0 'ic.f :7zles Councillor Higgins asked that a report from the City Manager regarding demolition of 216 Sydney L'yr11A1aii9i/ Street be placed on the agenda of this meeting. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the report from the City Manager with respect to demolition of 216 Sydney Street be placed on the agenda of this meeting. On motion of Councillor Higgins Seconded by Councillor Cave J RESOLVED thaEthe letter from the City Manager advising that with regard to acceptance by Common Council at its meeting of August 26th, 1974 of the tender of B. A. Ackroyed /„Ion Demolition Ltd. in the amount of $1,400.00 for the demolition of 216 Sydney Street, the Building Inspector d/j t /O/j has requested that due to the non - performance of the contract that the said Council resolution be rescinded and that the owners be permitted to demolish the property immediately, the owners having indicated that if the said resolution is rescinded they will immediately demolish the building - and therefore recom- mending that the contract awarded to B. A. Ackroyed Demolition Ltd. on August 26th, 1974 for demolition of 216 Sydney Street be rescinded, be received and filed and the said recommendation adopted. • lJ u Noting that the City was put to the trouble of calling tenders for the demolition of the above property, Councillor A. Vincent asked that it be determined that the successful bidder's cheque (namely, Ackroyed) was a certified cheque and that it is forfeited to the City for non - performance of the demolition contract. He felt that all tenders calls should specify that tender bids be accompanied as to the type of contract by certified cheques. He stated he has heard all kinds of rumours that the cheque that was submitted with this demolition tender was no good, and he therefore would like Mr. Park to show him the cheque to ascertain whether or not it was certified. Mr. Park stated that he will check on Tuesday morning to verify that the usual procedure of depositing the cheques of successful bidders was followed in this particular case. In reply to Councillor A. Vincent, who proposed a motion that the next lowest bidder be awarded this demolition contract, the Common Clerk pointed out that, as it usual, the cheques of unsuccessful bidders are returned to them after the Council accepts a tender bid, and this procedure having been followed, means that there is no cheque on deposit with the City from the next lowest bidder regarding this demolition tender. Councillor A. Vincent asked, with regard to the recommendation of the Building Inspector, that the owners of 216 Sydney Street be permitted to demolish the property immediately, whether the owners have made a deposit with the City that they will clean up this site. The Common Clerk replied that there would be no deposit cheque of that nature in his possession. Councillor A. Vincent contended that we are not following the procedure, therefore, and that the Council is not being kept informed. Councillor Higgins recalled that the day the family that was occupying this building moved out, there was a fire that night. in the building. He pointed out that because Mr. Ackroyed could not fulfill his contractual obligations, the owner of the building, Mr. McKinstry, is liable for any damage that might be caused there, or for the safety of any children who might get into the building; Mr. McKinstry, in order that he can get out of his legal obligations, wants the Council to rescind the resolution awarding the contract to B. A. Ackroyed Demolition Ltd., so that he can demolish the building. Councillor Higgins noted that we are depending on the integrity of Mr. McKinstry, and added that he goes along with this man's integrity, but what he is afraid of is that if we do what is right and just it will take days for us to go through the tendering procedure again for this demolition. Councillor A. Vincent stated that his point is that the owner had the first right to demolish the building and if he had exercised it, the matter would not have had to come before Council. Councillor Higgins asked if there was not some challenge about the ownership of the land, when Mr. McKinstry appeared before Council regarding this property's condition. Councillor A. Vincent stated that he would like an opinion from the City Solicitor on the fact that we called for public demolition of a building and the tender was awarded and his contention that the fact that we took the contract back, unless we use the second bidder we are going to have to advertise for tenders all over again. Mr. Rodgers replied that on the date the Council accepted the Building Inspector's recommendation and the Building Inspector forwarded notices to the owner, Mr. McKinstry, the owner had ten days to demolish the building which he did not do, and the City then took over and called for tenders and awarded this particular contract; the contractor has not performed and the Council now has rescinded that contract; the Council can, if it so wishes, call for tenders again for a contractor to demolish or it can accept what the City Manager is saying - that the owner will demolish the building himself; with regard to the question of whether the owner is required to put up a deposit on the matter of clearing of the site, whatever the Building Inspector insists on from the owner that will be his practice that he follows out. Councillor Cave called attention to the fact that the demolition of 216 Sydney Street by the owner will be at no cost to the City. Councillor A. Vincent commented that when owners of properties tear the properties down themselves, as has been the Z, p� XZ case in various instances he has made note of, they are destroying our sidewalks and we have nothing in pI OL'eR+ e the way of a deposit to collect such costs from, and stated that he thinks that the Building Inspector ya 2(-e should require a deposit from such persons before the demolition work commences; that is, we should not Ap/y WQgj t /�D/'1,S Permit the owner or anyone else to tear a building down without enough security deposited that if they ®�% destroy the sidewalk they have to repair it. The Mayor stated that the City Manager has advised he will ��,�r Poe 4349m make a report on that matter. • lJ u Councillor MacGowan had proposed a motion which was not seconded that Mr. McKinst p p , , ry, the owner of 216 Sydney Street, be permitted to demolish this property immediately and the City accept a bond from him. Mr. Ellis advised that the owner of this building is to come in tomorrow morning to pay for a permit and to make a deposit on the demolition of the building, if the Council sees fit to rescind the said August 26th motion. Question being taken, the motion was carried. 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 begs leave to report that it sat on September 9th, 1974, when there were present Mayor Flewwelling, and Councillors Davis, Gould, Green, Kipping, MacGowan, Higgins, Hodges, Parfitt, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, namely: - 1. That the letter from the City Manager, advising that the Council agreed to retain the services of Mr. Charles J. Farrell as a consultant for a six -month period ending August 31st, 1974, pending re- organization, ¢.®yaT�C�✓ and that with the appointment of the Study Committee, recommendations on re- organization will be forthcoming and, in the meantime, Mr. Farrell is willing to remain as a consultant for as long as the City wishes to retain CJO�lS his services, and recommending that the Council consider extending Mr. Farrell's services for another two months, be received and filed and authority granted to so extent the services of Mr. Farrell for the said period of two months. Respectfully submitted, 23rd September, 1974, (sgd.) E. A. Flewwelling, Saint John, N. B. Chairman. On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that the above report be received and filed and the recommendation contained therein adopted. Councillor MacGowan voted "nay" to the above motion, which was carried. /Pf ®hW On motion of Councillor Davis a��`i come /, Seconded by Councillor Hodges of - RESOLVED that as per the recommendation of the Nominating Committee the 7/�_ v following Councillors be appointed a committee to be known as the Taxi Committee, namely:- Councillor Leo Pye, tbairman, Councillor Kenneth Gould and Councillor Joan Parfitt. On motion of Councillor MacGowan Seconded by Councillor A. Vincent RESOLVED that in accordance with the Civic Improvement and Beautifi- cation Committee recommendations contained in the Co mm ittee's letter dated September 20th, 1974, the Council notify the Works Department of the City of Saint John and the Provincial Department of Highways that sufficient �® S� advance notice must be given to the appropriate City agency in the event of roadway or service construction ,� through City parks and green areas, and the Council request the said Works Department and the said Department �e � of Highways to include in future the cost of relocating such parks, green areas and play areas in their original W O;nVWP- budgets and attribute them to the cost of the roadway construction. We a P� jpy 4 Councillor MacGowan made note that the above Committee recommendation came about from the fact that py S, the trees in the Public Gardens were being cut and that construction equipment had been moved in at Haymarket bow&MB3t Square and theyWre_.cutting through the Square and nobody was aware of what was happening; the Works and Recreation and Parks Departments and the Committee do not want these trees destroyed and that as it costs a great deal to relocate them it should be part of the costs of any project that involves relocation, as above noted in the resolution, and it is hoped that the Provincial Department would bear.the the cost of moving them and that the City forces would be given adequate time to make sure that these things were done. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that the letter from the Saint John Parking Commission.in reply $x, py�jbr41 to Common Council resolution of September 9th last with reference to the City staff, the Parking Commission and ,07M77 all other parties concerned, for a recommendation to Council, the recommendations contained in the September p7f 4th, 1974 letter from the Planning.Advisory Committee regarding development of parking near the central business 7 district of the city -- advising that the Commission approves in principle that the designated escarpment area J be developed as a parking site and that Common Council purchase the land as soon as possible, be received and [iled. , c_:e :i:;. On�moti;.on_.o£.i,Counc•illor Davis - 0140&f 60 • Seconded by Councillor MacGowan P %9AH %A RESOLVED that the memorandum from the Municipal Planning Director to rhe Land Committee advising that the Planning Office would have no objections to the closing of the two reserved roads off the Rothesay Road and the Drury Cove Road if they are entirely contained within th land owned by Miss Daphne Guernsey so that their closure would not cut off other property owners from access, be received and �BS26' filed and authority be granted to proceed to advertise the proposed closing of the said two reserved streets, ���°� Miss Guernsey having agreed to pay the cost of advertising, and all related costs regarding the requested Quit WA402 Claim Deed. As4y Seconded by Councillor Hodges RESOLVED that as requested by the Market Committee, approval be granted IV.a^oter to transfer to Mr. Perry F. James, 952 Sea Cliff Drive, Saint John West, for the purpose of operating a retail or meat business, City Market Stalls D, E, and F and Counters B 1, 3 and 5, presently leased to Oscar's Meats, the ��(Ws total area being 1,176 square feet at $2.80 per square foot, giving a rental of $274.40 per month. , or&. On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that the letter from the Saint John Parking Commission.in reply $x, py�jbr41 to Common Council resolution of September 9th last with reference to the City staff, the Parking Commission and ,07M77 all other parties concerned, for a recommendation to Council, the recommendations contained in the September p7f 4th, 1974 letter from the Planning.Advisory Committee regarding development of parking near the central business 7 district of the city -- advising that the Commission approves in principle that the designated escarpment area J be developed as a parking site and that Common Council purchase the land as soon as possible, be received and [iled. , c_:e :i:;. On�moti;.on_.o£.i,Counc•illor Davis - 0140&f 60 • Seconded by Councillor MacGowan P %9AH %A RESOLVED that the memorandum from the Municipal Planning Director to rhe Land Committee advising that the Planning Office would have no objections to the closing of the two reserved roads off the Rothesay Road and the Drury Cove Road if they are entirely contained within th land owned by Miss Daphne Guernsey so that their closure would not cut off other property owners from access, be received and �BS26' filed and authority be granted to proceed to advertise the proposed closing of the said two reserved streets, ���°� Miss Guernsey having agreed to pay the cost of advertising, and all related costs regarding the requested Quit WA402 Claim Deed. As4y 221 fyme .Vis iir hest of pl!d ,Ag prrpos a /ar.,a 7ay:�/dF O /sere eo/6y 0G /;I- V • 'Des**0000W P/.7hq• J9ic�!/is+ fn�e- �ohihy g, T.wo aft, 7-rode Rese se S`P ,,Otid Vet /a fivev �3:" dLJi �oaraey WMA .tats dajits , CO/11/7Y - AVA /A /eon jp'e fir: /6ert hoe fe zmvih_f ,b / /a� 7Ms'Cev' is�i�lact f`�/Q44, s4s�t dis_ Caio"sr2 On motion of Councillor Green Seconded by Councillor M. Vincent • RESOLVED that in accordance with the recommendation of the Planning Advisory Committee, the following sums of money be accepted in lieu of land for public purposes with respect to the following sub - division (in each case, the figure is 8% of the value of the new or additional lots as estimated by the City's Real Estate Department):- 1. from Reginald E. Olsen, L -88: the sum of $880.00 (the Olsen property is situated on the north side of the City water pipe line road to the east of the Gault Road; a recently approved lot is now being divided into two; Lot 74 -2, comprising 38,500 square feet, contains a dwelling; Lot 74 -1, comprising 111,000 square feet, is vacant); , 2. from Colby Fair, L -92: the sum of $336.00 (this lot is situated on the southerly side of Ocean Westway 290 feet east of the McPherson Road and opposite the E1 Belgrano Motel); 3• from V. Desmond, 5 -14: the sum of $296.00 (Mr. Desmond is proposing a 18,000 square foot lot at the northern extremity of Spring Garden Road in the Desmond Sub - division at Lakewood); 4. from Carle Smith, Lr51: the sum of $640.00 (Mr. Smith is sub - dividing frontage along Manchester Avenue into two lots; one of the lots already contains a dwelling and is, therefore, not liable ' for money in lieu of land for public purposes). On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Planning Advisory Committee, authority be granted to proceed to advertise the following proposed re- zoning:- (a) part of the George 0. Kelley property at 75 Golden Grove Road and (b) an area east of and one property removed from Mr. Kelley's property (including the Douglas Hatfield property), shown on the submitted plan, from "RS -2" One- and Two - Family Suburban Dwelling to "B -2" General Business and "I -1" Light In- Idustrial classifications, respectively. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the letter from the Saint John Board of Trade ad- vising of its support for a proposed second rescue unit for the City of Saint John and urging that the Common Council give serious consideration to the merits of acquiring same, be received and filed and the matter referred to the Budget Committee. On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that the letters from Mr. and Mrs. Gordon MacVicar of 61 Mount Pleasant Avenue, and from Joanna M. Downey of 108 Mount Pleasant Avenlie, registering their ' objection to the proposed location of the Jervis Bay Branch of the Royal Cana#a�,egion on Mount Pleasant Avenue, Saint John East, for the reasons outlined in their letters, be received and laid on the table for future reference. Councillor Cave advised that with reference to the petition from residents of Glen and Morgan Roads requesting that Soldier Road be closed in part, he understands that one of the residents wishes this street closing in order to build a home there. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that the petition from residents of Glen Road and Morgan Road requesting that part of the Soldier Road be closed, be laid on the table and the Planning Advisory Committee be asked for further information regarding this matter. On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that the petition from residents of Josselyn Sub - division, requesting that the 1975 capital budget include the following improvements listed in detail in the petition:- sewerage, road and drainage, water and lights - be referred to the City staff for a report. Councillor Davis asked for information as to how the above requested works stand on the City's chedule of capital works. Mr.- Barfoot replied that there is a lot of capital work to be done and he ill make a report on this item. On motion of Councillor A. Vincent Seconded by Councillor Higgins RESOLVED that the application from Mr. Gilbert Kenny for re- zoning of property at the corner of King William Road and Ocean Westway for a proposed motel business, be laid on the table until the required cheque for $50.00 to cover the cost of advertising the proposed re- zoning has been "submitted. Question being taken, the motion was carried with Councillor MacGowan voting "nay" and stating she would like to see the application referred to the Planning Advisory Committee in the meantime in the interests of saving time. On motion of Councillor M. Vincent J Seconded by Councillor Hodges RESOLVED that the application for re- zoning submitted by Mr. onald L. Cullinan, Barrister, on behalf of Carr Construction Ltd. relating to property on Dufferin Row, aint John West on which the company proposes to construct a 23 -unit apartment building, be referred to • he Planning Advisory Committee for comment, and that authority be granted to proceed to advertise the roposed re- zoning. I 5 %. In o5/e 7&.:DIBas III L J 0 i L LJ 22,21- On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the following applications for grants for the year 1975 from: Canadian National Institute for the Blind, Volunteer Bureau, Social Services Council of Greater Saint John, Young Men's Christian Association, New Brunswick Competitive Festival of Music Inc. and the New Brunswick Museum - be referred to the Budget Committee. The Council members joinedCouncillor Higgins in paying tribute to the Lancaster Expos Junior Baseball Team which, over the past week -end, won the New Brunswick baseball title by defeating the Fredericton Condors, which latter team recently won the Canadian Junior Championship. On motion The meeting adjourned. Common Clerk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the thirtieth day of September, A. D. 1974, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt, Pye and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, A. Ellis, Building Inspector, J. C. MacKinnon, Assistant Director of Works - Operations, E. W. Ferguson, Chief of Police, and D. Buck, Redevelopment Officer The meeting opened with the reading of "The Serenity Prayer" by the Mayor. The Mayor advised that at the next meeting of Council he will present a list of names for the approval of Council for appointment as members of the Mayor's Committee on Minor Hockey, and that the said list will have been considered by the Nominating Committee. The Common Clerk stated that advertising took place regarding the proposed amendment of the Zoning By- Law for the re- zoning of land on the east side of Somerset Street containing an area of approximately 82,000 square feet, to permit construction by Maritime Sod Limited of an office warehouse. He advised that no written objections were received in this regard. It was noted that no person or persons were present to speak either for or against this proposed re- zoning. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land on the east side of Somerset Street, having a frontage of 200 feet and a depth of 410 feet (being Lot 11, Block 9) and situated north of and adjacent to Wm. P. Dowd & Sons Ltd. property, from "RS -2" Suburban One- and Two- Family Dwelling district to "I -1" Light Industrial district, be read a first time. Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Thereto ". On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land on the east side of Somerset Street, having a frontage of 200 feet and a depth of 410 feet (being Lot 11, Block 9) and situated north of and adjacent to Wm. P. Dowd & Sons Ltd. property, from "RS -2" Suburban One- and Two - Family Dwelling district to "I -1" Light Industrial district, be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and is Thereto ". On motion of Councillor Davis Seconded by Councillor Kipping RESOLVED that the letter from the Planning Advisory Committee advising �y that the Committee recommends the re- zoning of the area on the northeasterly side of Somerset Street shown on AX69.9, he submitted print from "RS -2" one- and two - family suburban dwelling to "I -1" light industrial classification pursuant to a resolution under Section 39 of the Community Planning Act calling for development as shown on a plan filed with the Common Clerk and the Planning Advisory Committee, be received and filed and the above named re- zoning be pursuant to Section 39 of the Community Planning Act for development of the site as shown on a plan filed with the Common Clerk and the Planning Advisory Committee. A brief from the Wholesale Bakers of New Brunswick was presented at this time by Mr. Donald A. Noel, epresenting Eastern Bakeries Limited, General Bakeries of Saint John, Lane's Bakery of Moncton, and Karnes �nC/ /� Bakery of Woodstock. The brief states that the Wholesale Bakers of New Brunswick who are selling within the a�Wyh� X567 City of Saint John would like to have the present Bread By -Law, which calls for 24 -ounce bread only to be sold .d�h07�5!,�o70 in the City, repealed, and that, alternatively, the bakers believe that the same thing could be accomplished by AIIIII d irro�/ 22. 2 amending the By -Law to provide for a 20 -ounce standardized loaf. The brief points out that in all other areas of the Maritime Provinces the standard white loaf is 20 ounces, and only the City of Saint John requires that all white bread be 24 ounces; it discusses the economies and problems confronting bakeries in the continued baking of 24 -ounce bread as opposed to 20 -ounce bread, and states that the bakers are examining every aspect of their operation to curtail any unnecessary costs, in compliance with the request of the Food Prices Review Board, and that the marketing of a 24 -ounce loaf within what the bakers class as a 20 -ounce market creates extra costs above the normal. The brief notes that the bakers are rapidly approaching a change that requires conversion to the metric system -this requires a change in packaging, and conceivably to the equipment employed to scale dough pieces, which will be a costly procedure - and that uniformity of weight to those products produced will assist substantially in con- taining cost increases which inevitably must be passed along to the consumer. The brief states that in the event the size of a loaf is standardized at 20 ounces, the consumer will then only be charged for a 20 -ounce loaf, and not the price of a 24 -ounce loaf. Mr. Noel pointed out that the bakers trust that the Council will give careful consideration to their proposal to either repeal or amend the present Bread By -Law, and that in so doing the Council would not only be adopting the Food Prices Review Board's recommendation but, of ultimate importance, the Council would be giving the consumers in the City of Saint John a loaf of bread that they will not have to pay more for than consumers in neighbouring areas of New Brunswick. In reply to Councillor MacGowan's question as to whether the reduction in the price for the 20- ounce loaf as compared to the 24 -ounce loaf will be just a one -sixth reduction in price, or will the bakers also reduce the price taking into consideration the saving in the cost of packaging 20 -ounce loaves. Mr. Noel replied that they will reduce the price to the same price as the 20 -ounce loaf throughout the Maritimes. In reply to Councillor Parfitt's question, he gave assurance that the 20 -ounce loaf will have 11 slices, the same number as in the present 24 -ounce loaf. Councillor M. Vincent asked if it could be assumed that if the Council should decide in favour of a 20 -ounce loaf of bread that there would be an increase in bread after the sizing has been reduced from the 24 -ounce to the 20 -ounce size. Mr. Noel replied that in our ever - escalating costs he cannot guarantee that there would not be an increase in the cost of bread. Councillor M. Vincent asked if it planned now in the industry that bread is going to go up in price very shortly, and if it pretty well known in the industry that there is a bread increase imminent. Mr. Noel replied that the price has gone up all over Quebec and Ontario, Newfoundland, and in the adjacent parts of the United States, and the bakers have been trying to hold, the price line within our area, here. Councillor M. Vincent made the point that if we reduce the allowable size of the loaf of bread as requested by the bakers this means a saving to them in the ingredients used in making the product and they are going to standardize the over- all sizing procedure, and we still could be faced with an escalation in the price. Mr. Noel confirmed this observation to be correct. Councillor Gould noted that a 20 -ounce loaf wholesale at the 33� price given by Mr. Noel means that the price is more than 1 %z¢ per ounce, while the 24 -ounce loaf wholesale price of 36¢ given by Mr. Noel means that the cost is exactly 12¢ per ounce for that size of a loaf. He asked that Mr. Noel comment on the point that the 24 -ounce loaf at the price of 1z¢ an ounce has a wholesale price of 36¢ while the present wholesale price is 330 for the 20 -ounce loaf as compared to a wholesale price of 30¢ that would be computed by using the price of 1 %2¢ per ounce for a 20 -ounce loaf. Mr. Noel advised that they have had this spread for many years in their industry; every time the price of bread went up within the Maritime Provnces by 2¢ they felt that in the-24-ounce loaf area it should only go up 2¢; as the price keeps getting higher and higher that spread increases, and they are going to have to right it. Councillor Gould contended that what the bakers are really doing is increasing the price of a loaf of bread in selling the 20 -ounce loaf for 330, when the price would be 30¢ at the rate of 11-2¢ per ounce. Mr. Noel stated that is correct, in that light. In reply to Councillor Davis' question as to whether there is any permissible variation on the weight of a 24 -ounce loaf, either under or over that weight, Mr. Noel advised that the ounces are fairly accurately scaled out - they scale out 24 ounces at 27 ounces and it bakes off at 24 ounces, so that there are 24 ounces in the loaf that is sold. Councillor Davis asked if it would not be better to hold off on the change to the 20 -ounce loaf here in view of the reference made in the brief that the bakers soon would be converting to the metric system, and make the whole change at once. Mr. Noel stated that it could be two years before the change is made to the metric system, and he asked why hold off for two years in the change in the weight to standardize the loaf of bread. With reference to Councillor Green's enquiry as to whether bread is now produced in Saint John by Eastern Bakers Limited, Mr. Noel stated that it does not do so; the firm makes the bread in Moncton and ships it in overnight to Saint John. Councillor Gould noted that the bakers say they are selling the 24 -ounce loaf cheaper yet they claim that the costs are greater. Mr. Noel confirmed this is true, and pointed out that the brief stated that in their particular case that is, Eastern Bakeries only, 7% of their white bread production is within the Province of New Brunswick in the City of Saint John and any times there are short runs of a product it is an added cost; also, with the 24 -ounce and 20 -ounce loaves there often is confusion in sales areas and in seeing that the right size loaf gets into the right store. In reply to Councillor Gould's suggestion that the metric system be used now for the loaves of bread, Mr. Noel suggested that we try to get it all to one standard loaf within the Maritimes first and then we can convert it to metric weight. The Mayor thanked Mr. Noel for the presentation. �f Councillor Parfitt proposed a motion, which was not seconded, that the Bread By -Law be amended, _`� /�� as proposed by the brief from the Wholesale Bakers of New Brunswick. At this time, the Common Clerk read /�� the present Bread By -Law provisions for the information of Council. Ifii ,I� On motion of Councillor Davis Seconded by Councillor Kipping RESOLVED that the brief from the Wholesale Bakers of New Brunswick " requesting that the Council either repeal the present Bread By -Law or amend the By -Law to provide for a /`�,ftdw aApAwy 20 -ounce standardized loaf, be referred to the City Solicitor for the purpose of submission by him of the AIries 'L necessary legislation so that the Bread By -Law can be repealed. 'ev"ee �' ®s� %�L° 6g Councillor MacGowan, referring to the difference of 3� in the wholesale price already dis- cussed, asked if it would be in order to ask the bakery industry to consider lowering the price so that the bread would be selling at the same price we are presently paying when they do make an increase later on and it will be an increase that everybody is aware of. Mr. Noel stated that if, as somebody has • • • 1 • F, 2.2 3 suggested, the price goes up on the 20 -ounce loaf all across Canada, he is sure it is going to have to go up on the 24 -ounce loaf per ounce as their costing is done by the ounce and they have been wrong for many years in the • City of Saint John. He stated that he cannot see that it is going to cost the consumer more, but, rather, it will cost the consumer less for the 20 -ounce loaf. He stated that if we have a price increase pending the bakers cannot go on absorbing the increased costs for ingredients forever and they have to pass it on; they pass on the increase in the 20 -ounce loaf if it goes up 2¢ but he is sure it is not just going to go up 2¢ on the 24- ounce loaf because sometime they have to get that situation righted where it will be cost per ounce. Councillor Kipping felt that the signifbant fact in the whole question is that the City of Saint John has been enjoying a price advantage in the price per ounce and the bakers are now proposing to take that advantage away, really, and equalize us with the rest of the Maritimes in that regard. Mr. Noel agreed, stating that the 20 -ounce area has been subsidizing the 24 -ounce area in the City of Saint John, and the bakers cannot continue ' penalizing one area for another much longer. Councillor Gould made the point that, presently, it costs more per ounce to buy the 20 -ounce loaf than it does to buy a 24 -ounce loaf and if there is an increase in future it will be on the 20 -ounce loaf and you will see a bigger increase. Mr. Noel agreed. He added that where it equals is, a 20 -ounce loaf is 330 and the equal portion of that in the 24 -ounce loaf is 39.50 wholesale. C' /may /lJ9r. On motion of Councillor MacGowan cnhPs /e �r Seconded by Councillor Gould / / RESOLVED that the report from the City Manager, submitting a report from ltlpll the Chief of Police as a result of his thorough investigation of remarks made by Mr. Harry Walker, Recording 5j ha/ Secretary of Local Union 809, International Association of Bridge, Structural and Ornamental Iron Workers in a 9 presentation made to Council on September 3rd last to request a pedestrian- actuated cross -walk signal on Chesley Acci deriz�- Drive at the Ocean Steel & Construction Limited plant, in the course of which presentation Mr. Walker's remarks left some doubts as to the thoroughness with which City Police investigated one of the accidents at this cross- walks -- noting that the accident was investigated thoroughly and everything was attended to properly -- be J received and filed, and Mr. Walker be informed of this report. I Councillor Hodges asked what steps are being taken for protecting the above noted workers at this cross -walk. He asked if a constable has been posted there at all times as was instructed and if the matter of / the parking lot there has been given study. Mr. Barfoot replied that we have investigated the ordering of a �O�jCC Gi66� traffic signal for that location and the delivery time was quite long. In reply to Councillor Hodges' question as to whether the constable is on duty there continually on a daily basis, Chief Ferguson advised that the Department is making an effort to have the constable there every day; to his knowledge he has been there every day since he first advised the City Manager; he believes that the time will come, one of these days, when we will not have a man there - it is going to be extremely difficult to keep a man there every day because we are short -handed and there are other priority matters - we are getting requests from other areas that want a man, too; it is going to be very difficult, but we are making every effort to have a policeman for thirty minutes which is all the time it takes to see that the people get across this street safely. f/arNy F%SSOC, OT- .Bri dam, drnatrierr% � Tr»h G�/ar/rer Councillor Hodges asked what is the situation at the present time regarding the parking lot in the vicinity of Thorne's Hardware Ltd. Mr. Barfoot recalled that he made a progress report in this matter within the last few weeks, and stated that he will have another report for the next meeting of Council. Councillor Green asked if the City Manager has been in touch with Ocean Steel & Construction Limited to have them use one of their own men or the constables they have on guard at the plant entrance, and train them to use them at the crossing for the safety of persons using the cross -walk when the man from the Police De- partment was not available. In reply, Mr. Barfoot stated he believes there is a commissionaire there who has been on duty for some time, but it is additional help they requested from the Police Department at the very busiest time of day. It was noted that Mr. Harry Walker was present and that he wished to speak at this time. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that Mr. Walker be heard. Mr. Walker advised that no constable was at the cross -walk in question on two days last week; the Union is concerned now not only with their own safety but he had an experience this afternoon in the line to come out as follows: in the first group of men to cross the street the vehicles in the inside lane stopped but a vehicle in the centre lane almost hit the constable in the middle of the street and the vehicle had to swerve over to the other side of the street to get around the constable. He stated that the first couple of days the constables were there they realized the difficulty the workers had been experiencing in trying to get across the street. He added that the arrangement in having the constable on duty there is very satisfactory except the two occasions that the constable has not been there. During the course of conversation with Councillor M. Vincent regarding the statements made by Mr. Walker at the September 3rd meeting of Council when he lodged the complaint against the Police Department when he said there was open liquor in the car and the operator of the vehicle was only charged with only not yielding the right -of -way to a pedestrian in a cross -walk and that he could not understand why this was the only charge, Mr. Walker advised that he has been made aware through conversation with Councillor Hodges that the person was charged, and he is satisfied that the Police involvement from the car point of view was properly and adequately taken care of except for the part about measuring the distance of the skid marks; the Police were not going to measure at all until the Union workers asked for it, and then the workers had to measure it themselves with a tape. /, �/� Councillor Kipping felt that the recounting of the incident under discussion points up the real VCe9q SAr h problem which is that the Ocean Steel men should not have to cross the street in the first place, and that when cv&eruC'f %Oh we get the crossing light in there we will have serious problems with vehicles going into the back end of other vehicles coming down Chesley Drive hill particularly in winter time considering the fact that it was felt previously that you could not coast down that hill at less speed that 30 -35 m.p.h. (the City ran into difficulty Sid /irrz` with the Province in trying to change the speed limit on certain streets, including Chesley Drive). He stated he feels that these problems have to be solved by negotiation with Ocean Steel and that we have to keep checking J� � on the situation regarding the proposed parking lot and try to find out from Ocean Steel at what stage the fT. /e_1 jafj company's plans are for the overhead crossing on Chesley Drive which this company will eventually want, anyway; oveh 2� he further feels that if that overhead crossing is wanted eventually by the company perhaps we should be thinking G'! assi `iy' about that now and not be spending money on crossing lights which would be coming out of there fairly soon and which are only going to cause other problems. Councillor Gould, in summation, noted that it is the City's responsibility to see that the traffic flow is according to the speed limit and that, more importantly, Ocean Steel & Construction Limited has an obligation to its employees to provide proper parking facilities in a safe place. 2`'4 b 1)1/ 1 ✓, fi�Hihe, ,leoaard C. .3 % ,�� ✓antes s� 6u / /dih9 1hs�ec �iJr �j�ry�peCdS /�S �jahn, fdtrrs Cai �e/74 efLi C'dhr /c /ylo6 //e �oM� ./cries s. /%X 11okle livrri rlcent�✓D% /�Yt 6?1 /i%S we-7/,6 f, �i %api�fa�eri bur %� %h9 Notice had been given to Mr. Milo J. Murray, Mrs. Katherine Murray, Mr. Leonard C. Rudolph and Mrs. Daisy Rudolph to appear at this meeting to show cause, if any, why the building situate at 37 St. • James Street, should not be removed or destroyed as a dangerous or dilapidated building. No person was present representing any of the parties named. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that notice having been given to Milo J. Murray, Katherine Murray, Leonard C. Rudolph and Daisy Rudolph, being the owners, as appears by the records of the Re- gistrar of Deeds for the County of Saint John, of the building located at civic number 37 St. James Street, in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector of Buildings, and no -one having appeared on behalf of the said Milo J. Murray, Katherine Murray, Leonard C. Rudolph and Daisy Rudolph; the Common Council hereby deems and declares the said building located at civic number 37 St. James Street_, in the said city, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Milo J. Murray, Katherine Murray, Leonard C. Rudolph and Daisy Rudolph are hereby required to remove or destroy the said building situate at civic number 37 St. James Street, in the City of Saint John, within ten days after receiving notice to do so by the , Inspector of Buildings: AND BE IT FURTHER RESOLVED that upon failure of the said Milo J. Murray, Katherine Murray, Leonard C. Rudolph and Daisy Rudolph to remove or destroy the said building situate at civic number 37 St. James Street, in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Milo J. Murray, Katherine Murray, Leonard C. Rudolph and Daisy Rudolph. On motion of Councillor Green Seconded by Councillor Gould • RESOLVED that the report of the Building Inspector regarding the condition of the above named property at 37 St. James Street, be received and filed. On motion of Councillor Gould Seconded by Councillor Davis RESOLVED that in accordance with the recommendation of the City Manager, approval be granted for expenditures by the City of Saint John for the following materials, to be charged to the 1974 Capital Budget, to be used in development of the remaining portion o:f the Park Lawn Court in Yacht Club Heights by Kennebecasis Realty Ltd., comprising five lots:- (1) wafer materials (water mains, chambers, et cetera) - $1,700.00; (2) sanitary sewer materials (pipe, man holes, et cetera) - $1,000.00; (3) storm sewer materials (pipe, man holes, catch basins, et cetera) - $2,300.00 -- making a total approximate- -,post of $5,000.00: AND FURTHER that the Mayor and Common Clerk be authorized to execute the sub - division agreement ' in due course in the above regard. In reply to Councillor Green, who asked the names of the Directors of Kennebecasis Realty Ltd., Mr. Barfoot stated that he does not know who the Directors are, and that the gentleman with whom the City has been dealing regarding the sub - division is Mr. J. B. Elliot. On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that the letter from the Planning Advisory Committee recommending that approval be given by Council to Mr. and Mrs. kenneth Carrick to place a mobile home, for a period of one year, on the property of Harold Stevens located on the western side of Drury Cove Road, and advising that these applicants have been given notice to vacate the property they occupied in • the Drury Cove area and, according to their letter, they have had to rely on neighbours for shelter, and further advising that the Stevens' property contains 18 acres and it is proposed to place the mobile home in such a location that it would not be visible from the road -- be received and filed and ',:he recommendation adopted. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. James S. Maxwell of 525 Rothesay Avenue requesting permission to temporarily place his mobile home on Lot 44 in the Sandy Point Road area, as shown on the submitted maps, while construction of his home is being carried out, be referred to the Planning Advisory Committee. Notice had been sent to Mr. Vincent Doiran, Mrs. Mary E. Doiran and Gilks Real Estate Limited appear at this meeting to show cause, if any, why the building located at 29 Adelaide Street, should be removed or destoyed as a dangerous or dilapidated building. It was noted that no person was sent on behalf of these parties. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that notice having been given to Vincent Doiran, Mary E. Doiran and Gilks Real Estate Limited, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 29 Adelaide Street, in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector of Buildings, and no -one having appeared on behalf of the said Vincent Doiran, Mary E. Doiran and Gilks Real Estate Limited; the Common Council hereby deems and declares the said building located at civic number 29 Adelaide Street, in the said city:, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Vincent Doiran, Mary E. Doiran and GilksllReal Estate Limited are hereby required to remove or destroy the said building situate at civic number 29 Adelaide Street, in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: u 0 I 225 AND BE IT FURTHER RESOLVED that upon failure of the said Vincent Doiran, Mary E. Doiran and Gilks • Real Estate Limited to remove or destroy the said building situate at civic number 29 Adelaide Street, in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Vincent Doiran, Mary E. Doiran and Gilks Real Estate Limited. raw.7C/llO/' Councillor Hodges stated that he has noticed that there are some buildings that are in the same category as that at 29 Adelaide Street and that he would like some information on them. He stated that there //odges is a brick building at the corner of Charlotte and Queen Streets that was in the process of being demolished before he came on the Council, and then, suddenly, the demolition work ceased. He stated that the doors and windows are broken out and apparently the roof is out, and the building is not being guarded. Mr. Ellis replied that this is a fire - damaged building that was gutted quite badly; the owner is in the Provincial '17701 Hospital at the present time and in order to have anything done regarding the building it is necessary to CO r approach the Provincial Government on the owner's behalf. eTrceeh oFts - On motion of Councillor MacGowan arov, C—'o vt. Seconded by Councillor Gould !/ RESOLVED that the application made by Mr. Gilbert Kenny with accompanying cheque to cover advertising costs, for re- zoning of land at the corner of King William Road and Ocean Westway ,�LO= zO/7 //1/l for the purpose of establishing a motel business thereon, be referred to the Planning Advisory Committee for a ���rjp g�(U ✓ ✓/S recommendation. On motion of Councillor MacGowan Seconded by Councillor Gould /V3. s /✓ RESOLVED that the application from New Brunswick Housing Corporation /7 9 �O requesting the re- zoning of a parcel of land within the Sand Cove Sub - division that was recently re -zoned to -, onl h "RM1" multiple classification to "R -1B" one- family classification for the additional seven single detached lots .SRhd Cove that are to be created by sub - dividing the top portion of Lot 59, along Allingham Crescent, as shown on the D / submitted plan, be referred to the Planning Advisory Committee for a recommendation, and that the necessary advertising be proceeded with regarding the said proposed re- zoning. On motion of Councillor Davis Seconded by Councillor M. Vincent RESOLVED that the application from Dr. A. F. Goodfellow that the necessary amendment be made to the text of the Zoning By -Law to permit an office for one doctor or dentist in an "RS -2" zone, to permit the erection of a medical office on property located on the north side of Loch Lomond 7�aor ON r opposite the Irving Oil Refinery, be referred to the Planning Advisory Committee for a recommendation. ZO/7//79 Mr. John King, appearing on behalf of the Saint John and Lancaster Kiwanis Clubs, advised that the Clubs sponsored the last two Miss Saint John Pageants and that this year's Miss Saint John, Miss Paula O'Reilly, soon will be going to Toronto to represent this city in the annual Miss Canada Pageant and will spend eleven days in that city. He stated that she has indicated her feeling that the sum of $500.00 is not a high figure to cover her expenses during that time. He stated that the Kiwanis Clubs request that the City increase its / �� A-/l grant (which was $200.00 in 1973) for this purpose to $500.00. He advised that Miss M. Vaiciulenas, who was a_X/ N n y Miss Saint John 1973, found that the $200.00 was not sufficient and the Kiwanis Clubs were called upon to v n assist her, which they did in the sum of $125.00 each, in addition to the City's grant. Mr. King made the point that in her capacity as Miss Saint John the incumbent holds the unique position of being an official representative of the City for one year. In reply to a query from Council, Mr. King advised that the merchants yhn /ate- of Saint John give Miss Saint John a gift of luggage and a gift certificate for $50.00; in the past, they gave CaSL� N more help in supplying her needs, but this is not the present policy, and he noted that it would not be possible -° to expect the merchants to contribute towards both the Miss Saint John Pageant and the entry for the Miss Canada Pageant. Mr. King made a further request, advising that the Clubs would like to have the Council consider adopting a policy whereby the Department of Promotion would assume responsibility of providing Miss Saint John with escorts, transportation and the various items of assistance she would require in carrying out her duties, which would give her the confidence of knowing exactly where she could turn when the need would arise. In reply to the suggestion from Council that a public subscription be taken to raise money for expenses incurred by Miss Saint John because she is representing all Saint John citizens, Mr. King noted that there ® would be the uncertainty of how much money would be realized, and there is also the point of who would do the administering of such a project. On motion of councillor Gould Seconded by Councillor M. Vincent /y% /SS Jd /ht RESOLVED that the City of Saint John grant the sum of $500.00 ✓��� towards the expenses of participation by Miss Saint John in the 1974 Miss Canada Pageant which will be held during the latter part of October in Toronto, Ontario. �i%iSS�i7ad� h t Question being taken, the motion was carried with Councillors Davis and Parfitt voting "nay ". Mr. Gordon MacVicar of 61 Mount Pleasant Avenue, Saint John East, was present representing the /� majority of residents of this street whose petition was before Council at this time voicing their strong (lord °� opposition to the construction of the Jervis Bay Branch of the Royal Canadian Legion on this street as they /&C t1lear feel it would have an adverse influence on the children and young people as well as adversely affecting the a /�/0� conditions of an otherwise quiet, residential neighbourhood. He stressed that these residents are not anti - Legion in any way but they are in favour of a quiet neighbourhood and they do not feel that the establishment a7q6) //75 t of the proposed Legion Branch there will add anything to their neighbourhood. He stated that he understands p� that the Branch has applied for a building permit. In reply, Mr. Ellis stated that to his knowledge there is Dyj r%/!/% only an application to the Planning Advisory Committee, and he does not know of any building permit being -J applied for. He added that if an application for same had been received it would have been turned over to the rahC� Planning office for approval before issuance. On the question from Councillor Green as to whether the Legion Oh 10a qz, has purchased a site on the street in question as yet, Mr. MacVicar noted that this Branch has to move from its ��P�,'Sdrjt present location near the Dry Dock, and he does not know whether a land exchange or purchase is involved, or not. Councillor Cave advised that it is his understanding that there is going to be a land exchange in this Ave. matter. Noting he point made b g p y the petitioners about maintaining Mount Pleasant Avenue as a quiet, res= idential neighbourhood, Mr. Barfoot pointed out to Mr. MacVicar that this street is proposed to be an arterial street. Mr. MacVicar replied that he is aware it is going to be up- graded to a three -lane road, and that he unfortunately moved into the area after the plan to up -grade this street went through, and there is nothing he can do about that. Mr. MacVicar stated that these residents are opposed to the club -room aspect of the Legion Branch. added that in most cases it is not the veterans and the Legion members who are responsible for the incidents 226 �o /Can romml/ e 4wele L E G A L t/r6ah 6 „,E 3-zr6o,vv­ roof <;oo� /s4 that create problems at times at Legion Branches. On the question of whether notice had bee-7 received from the Planning Advisory Committee regarding this proposed Legion Branch location, Mr. MacVicar stated'that a • check was made in this regard and, to his knowledge, only two people in the neighbourhood received such a notice. Noting that the dances at this Branch would generate a good deal of traffic on this street and the noise of music from the dances would also be a disturbance in this residential area, Councillor MacGowan raised the question of whether a change in zoning would be required for the establishment of a Legion Branch there. 1 Councillor-Kipping, speaking as a veteran, although not a Legionnaire, expressed the hope that the Royal Canadian Legion takes note of the reasons alluded to for there being opposition t�D the es- tablishment of another Legion Branch on the grounds (as he reads from the petition) that itpis merely another private club which will generate traffic and perhaps rowdyism in the neighbourhood and that kind of thing. He stated he was sure that the matter will received all the consideration that would be given to any problem of this kind, but he felt it must be remembered that the Royal Canadian Legion for many years past has held a very high place in society and that it now may be coming to a point wliere that high place may be about to be changed, and he hoped that aspect will be given some cons iderationiat the same time and treated with some compassion, as well as compassion for the residents of the area.IjCouncillor Hodges, in stating he has the same sentiments in this matter as Councillor Kipping, advised', that he, too, is a veteran. I On motion of Councillor Davis Seconded by Councillor M. Vincent li RESOLVED that the petition from the residents ofithe Mount Pleasant Avenue area in Saint John East, expressing their strong opposition to the construction of the Jervis Bay Branch of the Royal Canadian Legion on this street, be forwarded to the Plannin g Committee for its comments to Council. The desire was expressed by various Council members that the Planning Advisory Committee notify these residents of the application in question in order that they may have the opportunity to appear before the Committee and express-their feelings regarding the proposed establishment of a Legion Branch on Mount Pleasant Avenue. On motion of Councillor Gould u Seconded by Councillor Kipping RESOLVED that the meeting continue, in legal session. Following a period of Committee of the Whole, during which Councillor A. Vincent entered the meeting,.the Council then met in legal session, at 9.35 p.m. Mr. D. Buck, Redevelopment Officer, was present. Consideration was given to a letter from the City Solicitor, dated September 27th", 1974, which refers to the Committee of the Whole meeting held by Council on September 23rd last w;zen the matter of the acquisition of the property of G. E. Barbour Company, Limited was discussed ah a result of a recommendation from the Urban Redevelopment Office to the Council to purchase this pro�berty, and when a resolution was adopted by Council in this regard. The letter advises of the wordinglithat should be used in the resolution in question, showing that the Council wishes to make a counter - offer, and explains the reason for using the resolution re- wording. The letter explains that if the Council does not wish to accept the offer of the company or does not wish to reject the offer, then a co•uiter -offer should not ignore mentioning the business disturbance claim which is made a very important -Dart of the offer from the company, and consequently the Council cannot divide the company's offer - that can only be done by the offeror, G. E. Barbour Company, Limited. The letter points out for the Council the offer from G. E. Barbour Company, Limited in its totality and the danger of ignoring that portion of the offer at this time, dealing with business disturbance, with the expectations of being able to say later to the company that the portion of the offer dealing with the business disturbance wai; rejected outright. At this time, copies were given to the Council members of a report dated September- 30th, 1974 which had been prepared by the City Manager in the same matter and which notes, among otherllitems of information, that when the amount of $658,950.00 for realty, et cetera was rejected by Council on April 22nd, 1974, the Council was not made aware of the part of the offer concerning settlement of business disturbance. The letter states that the total amount eventually paid by the Partnership foi- the G. E. Barbour Company, Limited interests will be about the same under either purchase acquisitionl,or exprop- riation, but with acceptance and agreement the whole project can proceed smoothly; converse-ly, with disagreement and expropriation the whole project would be made slower and more difficult, and delays invariably have the effect of increasing costs. A recommended resolution was submitted by the City Manager in this letter. Mr. Buck advised that the Urban Redevelopment Office has not been able to obtain any information from the company in question on the question of business disturbance and the company's intentions regarding its future plans, on which business disturbance would be measured, although the Office has tried several times; there is no doubt between the said Office and company that the company',will be disturbed, but it is impossible to tell to what extent until it is knownwhat the company's plans are. He stated that Mr. Brenan, Junior, has told the Office that the company does not know what its plans are. With regard to the rumour that the company might be moving to Sussex, Mr. Buck advised that the said Mr. Brenan told him that the building that is being constructed in Sussex is to house interests that have been acquired by the company in Sussex. Further discussion ensued, during which Mr. Barfoot advised that the condition of�North Market Wharf is deteriorating and that from an engineering viewpoint he would like to see the Barbour buildings gone from the site in order to do a good job in repairing the Wharf, the buildings and the wharf all being part of the same structure. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that in accordance with the recommendation contained in the letter dated September 30th, 1974 from the City Manager, property F- 6- 19 -30, L- 6- 19 -33, L- 6- 19 -36, 16 North Market Wharf belonging to G. E. Barbour Company, Limited be purchased for the figure of $658,950.00, free and clear of encumbrances and any other interests whatsoever, excluding business C • • I F, disturbance, this figure to include the following: • Realty $ 639,015.00 Machinery and Equipment 15,635.00 Fees (Legal and Appraising) 4,300.00 $ 658,950.00 ; 2 -7 AND FURTHER that the Mayor and Common Clerk be authorized to execute an agreement between the City and G. E. Barbour Company, Limited for the purpose of the parties negotiating at a later date, but not more than two years from the date of the agreement a claim for business disturbance, if arty, and to provide for the matter to be referred to arbitration if a satisfactory negotiated settlement cannot be reached between the parties. Councillor A. Vincent asked for information regarding what took place in the urban 'renewal property acquisitions when the Barbour company asked for expropriated of the old Ganong candy factory on Union Street with a promise to, go to West Saint John where the company bought five acres, which land it still owns, and got a big price for the Union Street property. He recalled that at that time, Barbours said it would stay in Saint John. Mr. Buck stated that the only thing he can remember distinctly regarding this question is that there was a similar situation regarding the Barbour company and the company did not make its intentions clear on what it was going to do and yet it was felt it was fairly clear that the company knew what it was going to do, and it did go to Sussex. He stated that he would have to look up the details of this particular matter. Question being taken, the motion was lost, a tie vote having been created with Councillors Cave, Gould, MacGowan, Parfitt, Davis and M. Vincent voting "yea" and the Mayor and Councillors A. Vincent, Green, Hodges, Pye and Kipping voting "nay ". Ur6ah �E�EGf/a7� On motion of Councillor A. Vincent Seconded by Councillor Hodges (Ti�OU RESOLVED that the matter of the acquisition of the property of G. E. lZe-d Barbour Company, Limited, 16 North Market Wharf, be laid on the table. The Mayor signified his intention of going personally to talk with Mr. Brenan to determine details regarding the above property acquisition negotiations. The Council members concurred in such action being /j%7GfO/ taken. Question being taken, the motion was carried with Councillors Cave, Davis, Gould and Parfitt voting "nay" Mr. Buck withdrew from the meeting. Ceh1 Councillor A. Vincent advised that with regard to the Dock Street block, when he voted in favour of Cj U/ C L the whole civic centre he thought that the New Brunswick Electric Power Commission operation was coming out of Sij�-e that area, and he now finds that it is just the sub - station that is not coming out. He stated that if he had N G' been aware of same, he would not have voted for the said project. He stated he would like to know the amount of money it will cost us on the whole area, and added that he has computed the interest alone would cost us $900,000.00 to finance the land, and that he feels that either we subsidize the Rocca Group, the developers, or the project is not going to go ahead. He stated he feels that if the Council made a mistake it should examine the matter right now. He further stated it is his understanding that the said sub - station is not going to be / removed from the area for five years, and that the Brooke Bond Foods Ltd. is not taking any action at all ti �r0O/Ie 7 move from there - the company has changed hands, or something. He felt that we need all these properties, oOG�S including the Barbour property, to make the project go. In reply, Councillor Davis made the point that we do not need the sub - station; before it could be removed another sub - station would have to be built and the wires brought in some other way, and this would cost at least $1,000,000.00. C �A Mr. Rodgers advised that the Council should be made aware of one legal point: G. E. Barbour Company, C P,JQo / Limited made an offer to the City; the City Manager has recommended that the Council accept that offer; the B- rWO Council has rejected that recommendation; the said company now has the right to withdraw its offer. Co..0 -td ® On motion of Councillor Gould Seconded by Councillor Pye RESOLVED that the letter from the City Solicitor, dated September 27th, /• y� JO / e 1974 in the matter of responsibility for the replacement of the collapsed in -take pipe at Spruce Lake, advising t ! - that from discussions held with the City Manager and a review of the correspondence, it is quite evident that SpruCeIRIM the City has suffered a loss in amount between one hundred and two hundred thousand dollars through what CO�% S�°lt appears to be no fault of the City; that he understands that the City's consultants, McLaren Atlantic Limited have engaged legal counsel; that in view of the foregoing and the possibility that the City may have to bring i%1•' /d (9, an action against all parties (Beaver Maritime Limited, Canron Limited and K. E. Marine) including the City's //4/ Co consulting firm of McLaren Atlantic Limited, Mr. George Clark, Senior Counsel, and he have discussed the matter �a/Tt10 �C with the City Manager and have recommended to him that another consulting firm be engaged to examine the entire 3e67w/ design and specifications covering installation with the consulting firm empowered to engage expert advice in .f /�QJe the area of pipe testing; that the City Manager will be bringing in his recommendation on the matter, and, in C'an ron 1�6, the meantime, the Legal Department cannot proceed any further at this time, due to the technical advice required which he believes can only be obtained from an independent consultant engaged by the City solely for this problem at this time -- be received and filed. Mr. Barfoot advised that he will submit a recommendation to the next Committee of the Whole session regarding COhSIG /sa'�7t the hiring of the above noted consultant. It was noted that the Council will meet at 1.30 p.m. on October 11th next with the representatives of the Provincial Department of Highways to be apprised of details on the throughway plans. On motion of Councillor MacGowan 6r:e�r'n9 Seconded by Councillor A. Vincent RESOLVED that His Worship the Mayor be the nominee of the City of Saint John on the Executive of The Cities of New Brunswick. On motion ®A/31 The meeting adjourned. execcctive . L't L Common erk. 28 �e9yi orr, o%rvi s Ave, •� Teh&rs S,7/e, 0-/C CQ h f,Po /ice 1-1% -Z ) 7r�c�ar' Sa /e oJGBfJ/i8'/9 Co. S, 77Ff!!?Ae r/y Soh AV -0ohl ve At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the seventh day of October, A. D. 1974, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Davis, Gould, Higgins, Hodges, MacGowan, Parfitt, Pye and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, R. Dhar, City Architect, A. Ellis, Building Inspector, C. Robichaud, Assistant Director of Works - Engineering, C. MacKinnon, Assistant Director of Works - Operations, M. Zides, Municipal Planning Director, D. French, Personnel Officer, and D. Carter, Economic Co- Ordinator The Reverend Doctor D. S. Calkin, pastor of Waterloo Street Baptist Church, offered a prayer opened the meeting. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on September 23rd last, be confirmed. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on eptember 30th last, be confirmed. The Mayor recalled that at the Council meeting of September 30th last there was a discussion concerning the movement of the Jervis Bay Legion Branch from its present site in Saint John East to a new proposed location on Mount Pleasant Avenue in that area, and that remarks were made by Councillors concerning the Legion. He stated he would give assurance that the Councillors who spoke did so in favour of the Legion - although their remarks might have been misinterpreted - but felt that, as Leg- ionnaires they conducted a oodclub but when they start to expand and bring in people that they do not Lave control over the Legion, unfortunately, receives an unfavourable name which is difficult to over- come, from the eyes of the public. He noted that the aim of the Legion is to help the veterans who have suffered through war, and the families of those veterans who did not return. The Mayor stated that in his view, the Legion members are heroes and it is difficult to make associate heroes or honourary heroes; these men and women are heroes of our country and they certainly have the right in their own to enjoy their meetings because they fought for the right to return to our country and relax as citizens. He commented that they are good citizens, and this is the way the Council feels towards them. Councillor A. Vincent entered the meeting. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended in the report from the City Manager and the Purchasing Agent, the City -owned 1971 Chevrolet Biscayne car from the Police Department be sold to Mrs. Eleanor Dunham, the highest bidder, for the sum of $610.00, and that the City -owned 1961 Oliver tractor, OC43GO42, be sold to D. Hatfield Equipment, the highest bidder, for the sum of $565.00. On motion of Councillor M. Vincent Seconded by Councillor Pye RESOLVED that in accordance with the recommendation of the City authority be granted for payment of the following invoices for equipment rental:- Hatfield Ltd. - to the Water Department - to the Water Department - to the Works Department On motion of Councillor Pye August 16 -30, 1974 (dated September 4, 1974) September 1 -15, 1974 (dated September 18, 1974) September 1 -15, 1974 (dated September 18, 1974) September 3 -13, 1974 (dated September 16, 1974) $ 3,898.86 $ 3,361.38 $14,503.64 $ 2,830.00 • • Seconder by Councillor Higgins RESOLVED that as recommended by the City Manager, approval be given for payment of the invoice of Stephen Construction Company Limited, dated September 30, 1974, in ' the amount of $41,429.39, for the purchase of asphaltic mixes for the Works Department during the period September 16 to 30, 1974. On motion of Councillor Pye Seconded by Councillor M. Vincent RESOLVED that as per the recommendation of the City Manager, ent be authorized of the invoice from S. T. E. Fetterly & Son Limited, dated September 11, 1974, in amount of $7,565.65, for the Bayside Drive capital job. On motion of Councillor MacGowan • Seconded by Councillor Pye RESOLVED that as recommended by the City Manager, the following construction progress certificates and approved invoices for Engineering Services in connection with projects that have been undertaken under the Department of Regional Economic Expansion programme, be approved for payment:- r 7 t 1. Courtenay Bay Causeway Approaches /i, " (a) Goodyear Paving Limited �i Sidn Construction of Western Approaches duSCC�/d� Total Value of Contract $ 1,285,044.50 a7T16;YVQCfjeS Total Work Done, Estimate Number 3 408,487.49 G— 'ovd�c�r Retention 61,273.12 A'7V ,17 ,��� Payments previously approved 213,876.92 Sum recommended for payment, Progress Estimate Number 3, July 31, 1974 $ 133,337.45 (b) Goodyear Paving Limited Construction of Western Approaches Total Value of Contract $ 1,285,044.50 Total Work Done, Estimate Number 4 564,529.44 Retention 84,679.42 Payments previously approved 347,214.37 Sum recommended -for payment, Progress Estimate Number 4, August 31, 1974 $ 132,635.65 (c) Goodyear Paving Limited Construction of Eastern Approaches Total Value of Contract $ 671,856.00 Total Work Done, Estimate Number 4 346,722.43 Retention 52,008.36 Payments previously approved 228,466.56 Sum recommended for payment, Progress Estimate Number 4, September 23, 1974 $ 66,247.51 /-/L/-W. (d) A. D. I. Limited Engineering Services for Western Approaches Payments previously approved $ 102,041.65 Sum recommended for payment, Progress Estimate Number 28, July 31, 1974 $. 11,773.50 f3a side /7r 2. Bayside Drive Reconstruction and Extension ex�erisioh (a) Phase II, Bayside Drive Railway Overpass Callaghan Contracting Limited Total Value of Contract $ 247,404.00 Total Work Done, Estimate Number 6 156,859.69 CO /7 &?Cz/ Retention 15% 23,978.95 Payments previously approved 110,027.27 Sum recommended for payment, Estimate Number 6, // August 1974 $ 25,853.47 (b) Murdoch - Lingley Limited Engineering Services (Property Survey) Payments previously approved $ 12,965.90 Sum recommended for payment, Progress Certificate Number 10, n August 30, 1974 $ 1,421.40 s�erni%r 3. Western Area Collector Sewer Q. E. D. Interprovincial Engineering T Engineering Services Payments previously approved $ 87,407.29 pro[/ �P79r9. Sum recommended for payment, Claim Number 35, August 30, 1974 $ 218.47 _ 4. Western Industrial Area Trunk Sewer �%q,1`jddLQ'� Galbraith Construction Limited Total Value of Contract $ 588,860.00 Sewer Total Work Done, Certificate Number 6 578,472.10 C'a /6ra /t<i Retention 29,493.98 Payments previously approved 493,233.17 C'onsira� Sum recommended for payment, Progress Certificate Number 6, ` October 1, 1974 $ 55,744.95 Councillor Kipping entered the meeting. 99 On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the City Manager, 1 uz e G ects authority included be granted for payment of the following construction progress in the Capital Budget, namely: - certificates on contracts for projects Lakewood Heights Area, Phase II 9aS6�� SELU`°!'S 6:�q/Q,T Construction of Sanitary Sewers Gerald J. Ryan Company Limited Total Value of Contract Total Work Done $ 96,686.25 14,837.20 RGeol? ra /�� Retention 2,225.58 ✓ Sum recommended for payment, Certificate Number 1, September 27, 1974 $ 12,611.62 grehas 2. Community Arenas A. D. I. Limited Engineering Services for design of three arenas Payments previously approved $ 48,122.70 Sum recommended for payment, Certificate Number 5, ,�ahGiSo�aPl/7 July 31, 1974 $ 1,524.78 I3• M. Gerald Teed School and Barnhill School 1 OIG� C Maritime Sod Limited Landscaping Se%oo/ 230 �'x�aasion 3?rhiill re .SZlelaleA7 /�ris co, Thais cou, Avi ray Ahd�ve ,tf-d: ,7L?111W 7t'eevee C'`jalr/�o�a /h //�Pcou rt Q5u%- cCi v, a yreer�l erlZ'` S&01—WI 11s /N7 deve% ryre/'i t z�� n k 1rvi�i9 Oi / L'o..Ctd. 6rave/ crw -:7A 7,t�eH Corrsa�u Total Value of Contract $ 17,650.00 Total Work Done, Estimate Number 2 15,267.50 Retention -- Payments previously approved 12,977.37 Sum recommended for payment, Certificate Number 2, September 23, 1974 $ 2,2510.13 4. Barnhill School Stephen Construction Company Limited Paving of Tennis Courts Total Value of Contract $ 7,664.07 Total Work Done, Estimate Number 3 7,901.10 Retention -_.- Payments previously approved 7,664.07 Sum recommended for payment, Certificate Number 3, September 23, 1974 $ 237.03 On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that the letter from the City Manager, advising that Andave Limited, represented by Mr. David Reevey, are developing an area of Champlain Heights called Harcourt Sub - division, bounded by Champlain Drive, the oil refinery and the Faulkner property on Grand- view Avenue, and that this area consists of approximately 12.8 acres and 65 lots, and that according to the City's sub - division policy, the City will be responsible for the following costs in connection with servicing the said sub - division:- (1) water materials (watermains, gates, hydrants, et cetera) - $37,200.00, (2) sanitary sewer materials (pipe, manholes, et cetera) - $21,000.00, (3) storm sewer materials (pipe, manholes, catch basins, et cetera) - $19,600.00 -- totalling $77,800.00 -- and recommending that the said expenditures be approved for water and sewerage materials, to be charged to the 1974 and 1975 capital budgets, and that the Mayor and Common Clerk be authorized to execute the sub - division agreement with Andave Limited in due course, be received and filed and the recommendations adopted. Councillor A. Vincent recalled that the City staff sometime ago was to bring in a. report regarding revising our sub - division plans, and stated it is his understanding that Saint John is the only municipality that shares in this kind of costs. Mr. Barfoot advised that it has been intention of staff for some months to bring in a recommendation concerning a change in policy on sub - divisions, and that this is becoming one of the priority items at this stage - however, this has not been done as yet, unfortunately. Councillor A. Vincent stated that he would like to know when the recommendation will be brought in; he does not think the City should continue to approve these sub - division cost - :haring for services; he would like to see a policy adopted that when these properties are sold by the developer that the rebate that is now paid to the developer in these cost- sharings be paid to the purchaser, and in this way the City will know that the purchaser receives the rebate. Mr. Barfoot advised. that most cities have some form of cost- sharing on sub - divisions; Saint John is the only city that subsidizes pipe - other cities subsidize paving and other items of that nature, while Saint John does not pay for any paving in sub - divisions. Councillor Hodges stated that from his observations, although. the City may not make direct payment towards the cost of such paving, it will be faced with the re- paving of streets in certain sub - divisions and have to pay the entire cost, in view of the fact that the said. streets are in bad shape at the present time. Councillor MacGowan suggested that perhaps the answer tc getting sub- divisions landscaped and to have acceptable roads brought up to a standard that we request, a little more speedily, would be for the City to cost -share in the streets instead of in the water and sewerage, and that it would mean we perhaps would have more attractive sub - divisions and fewer problems. Question being taken, the motion was carried with Councillor A. Vincent voting "nay" On motion of Councillor M. Vincent • • Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the City ger, the application of Irving Oil Company Limited for permission to install a gasoline tank at the ng Oil Champlain Heights service station located at the corner of Champlain Drive and Loch Lomond • , as shown on the submitted plans, be granted. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, authority be ted for payment of the invoice from Dexter Construction Limited, dated September 13, 1974, in the nt of $9,235.66, for crushing gravel for the Works Department during the period August 1 to 31, Councillor A. Vincent asked for the name of the person who is on duty for the City on Saturday ' d Sunday while the above noted rock is being crushed; that is, the man who signs the slips regarding is work. Mr. MacKinnon explained the procedure that is followed regarding week -end operations at the I. Mr. Barfoot explained that the arrangement is that the material is not paid for until it is hauled t of the pit by City trucks, which means that it is not paid for as it is crushed, but on a haul -away sis. Councillor A. Vincent stated that he will obtain the report he wishes, later. On motion of Councillor M. Vincent Seconded by Councillor Higgins ' RESOLVED that the report of the Fire Department for the month of /y%n�Li y re/oor August, be received and filed. Referring to the above named report which records the number of fire alarms, including false alarms, a high percentage of which were bell alarms, Councillor Parfitt raised the question of what benefit there is in continuing the bell alarm system, and why not replace it, and what is the purpose of retaining the bell alarm system. The Fire Chief advised that he does not know of any answer to minimizing sya hem he number of false bell alarms except replacement of this system. He stated that the alternative to 1 his system is to consider the replacement of the telegraph by emergency telephone whereby telephones Fi He 10 n,74 are installed on the poles in the street instead of the fire alarm boxes. He stated that the records of • other Fire Departments show that the number of false alarms are on the decline through the use of this ystem (known as the E.R.T. system). Councillor A. Vincent asked when a report would be made by staff as to whether the new fire ([ CaSii ' �ecei�ots 9 i7e�irs /Y%vnr,�trfe/1� ire � h� ��• OUrr�airi, yNa4/e�-ze 4 (ra !�I SSOC. F/ NP all? 0/e A?,e`/a)?ti c Tow:hy Z{� Ty seffl( re harloli piers � � Fl /"e 4 Oa e Awkiny meters i/^eP0l 0— (I 'L°6'"4 BSv C�OIT7M 7�a�r,�h9 y� rage hevertc�e �'nves�»,err� rse�oort On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that the Financial Statements for the month of August be received and filed. Councillor A. Vincent noted that the amount of $3,055.00 is listed among the invoices passed in 'August for payment by the Comptroller and paid by the City Chamberlain during September, as paid to M. W. Garnett Associates for making repairs to the Young monument and to the fountain at Market Square. He stated that he understands there have been new purchase orders for more repairs, and he would like information in this regard. He added that he understands that purchase orders for over $800.00 were issued last month, for the cleaning of the Young monument in King Square, and for approximately $160.00 for cleaning the fountain at Market Square, and stated that he would like to know the totals of the new purchase orders, bearing in mind that the $3,055.00 already expended is quite a large sum. Mr. Barfoot replied that a report will be given for the next meeting of Council in this matter, as to what works have been undertaken and the cost of same on the said monuments. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the City Manager, the Saint John Fire Department Manual of Rules and Regulations and Discipline Code as revised April, 1974, be adopted. The Fire Chief was asked for a brief resume of the changes that have been made in the above named Rules and Regulations and Discipline Code and how significant these may be. The Chief recalled that the revisions were brought about because of Council policy that they be revised every five years and 1974 is the fifth year. He estimated that ninety -five per cent of the changes were occasioned by the action of Council in February of 1973 when Council adopted the Fire Department programmes whereby the Rescue Squad was established and the city was divided into two districts and changed the Department's rank structure in certain areas; apart from these changes, there are not too many revisions in the present document. He added that a number of the provisions in the Rules and Regulations date back a number of years and they are still being carried in the Regulations. Councillor MacGowan felt that if there is.no urgency in adopting the revised Rules and Regulations and Discipline Code the Council could perhaps compare these with the present Regulations, unless somebody is prepared to point out the changes to the Council. . On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the proposed Saint John Fire Department Manual of Rules and Regulations and Discipline Code as revised April, 1974, be laid on the table and considered in Committee of the Whole. Question being taken, the motion to table to Committee of the Whole was carried with Councillor M. Vincent voting "nay ". On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that as recommended by the.City Manager, authority be granted for payment of the invoice from Atlantic Towing Ltd. for assistance at the fire at Piers 10 to 12 on March 8th, 1974 by tugs "Irving Hemlock ", "Irving Tamarack ", "Irving Oak ", "Irving Fir" and "Irving Birch ", in the amount of $8,525.00 -these tugs having been requested by the Fire Department, and because of the lack of water and the Department's ability to only fight the fire from the landward side, the availability of the fire boats on the harbour side having prevented a much greater loss. Councillor M. Vincent suggested that in view of the amount of the above bill it might be timely to look at the possibility of the City having a fire boat, and perhaps approaching the Irving interests to determine if any of their vessels might be available for use by the City in the harbour on a rental basis which could be an approach to provision of a fire boat for the City in the harbour. Mr. Barfoot advised that he believes this proposition will be discussed by staff with the Council when the Fire Department budget for 1975 is considered. In reply to Councillor Kipping's question as to the basis on which the above named account was computed, Mr. Clark stated that it is based on the hourly rate of the fire boat involved and that he assumes this rate is comparable to the rate that would be used if the same craft were used for towing services; there is an established rate for use as a fire boat, namely, $232.50 per hour for the "Irving Hemlock" and $155.00 per hour each for the "Irving Birch" and "Irving Shamrock "; he does not know whether these rates are standard or not - from his discussions, these are the rates that are charged for towing services. Councillor Kipping's query in this matter was whether this is a standard rate for this kind of use in effect in other ports, or just at our port, or if there is any kind of an understanding regarding a rate here. He made the point that the rate should be established because in an emergency when you order special equipment you have not had time to bargain on rates, and what you have to do then is watch what kind of rates you are being charged. Mr. Barfoot advised that in this particular matter, the Fire Chief negotiated the account down to its present amount by a considerable amount from the original figure. In further discussion of hourly rate charged for the said tug boats, Mr. Clark explained that the rate is the user rate, regardless of what use is being made of the tug boat. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager, submitting a report from Mr. J. C. MacKinnon, Assistant Director of Works Operations, enlarging upon the operating revenues and expenditures for parking meters for the year 1973, further to Council discussion at the Council meeting of September 23rd last on this subject, be received and filed. Councillor A. Vincent asked that the Council be provided with a report, now that the Saint John Ang Commission has disposed of the parking garage building that has now been demolished on Germain Street, has retired the mortgage, showing what we have in revenue and how it is invested, and so on, by the said Fission. Mr. Barfoot advised that this requested report can be prepared for next week. 231 lcl/ -e engine has been ordered or not, and he added it is his understanding that these machines are going up thirty eh�i a e per cent in price for a year, and our order is not in yet. In reply, Mr. Barfoot advised that the City is Fi'r still negotiating with the only supplier and negotiations have not as yet been completed, but there is likely e _D� P to be some sort of escalation clause in the contract. Councillor A. Vincent asked for a report regarding this matter for the next meeting of Council. Mr. Barfoot stated that the request will be complied with. ([ CaSii ' �ecei�ots 9 i7e�irs /Y%vnr,�trfe/1� ire � h� ��• OUrr�airi, yNa4/e�-ze 4 (ra !�I SSOC. F/ NP all? 0/e A?,e`/a)?ti c Tow:hy Z{� Ty seffl( re harloli piers � � Fl /"e 4 Oa e Awkiny meters i/^eP0l 0— (I 'L°6'"4 BSv C�OIT7M 7�a�r,�h9 y� rage hevertc�e �'nves�»,err� rse�oort On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that the Financial Statements for the month of August be received and filed. Councillor A. Vincent noted that the amount of $3,055.00 is listed among the invoices passed in 'August for payment by the Comptroller and paid by the City Chamberlain during September, as paid to M. W. Garnett Associates for making repairs to the Young monument and to the fountain at Market Square. He stated that he understands there have been new purchase orders for more repairs, and he would like information in this regard. He added that he understands that purchase orders for over $800.00 were issued last month, for the cleaning of the Young monument in King Square, and for approximately $160.00 for cleaning the fountain at Market Square, and stated that he would like to know the totals of the new purchase orders, bearing in mind that the $3,055.00 already expended is quite a large sum. Mr. Barfoot replied that a report will be given for the next meeting of Council in this matter, as to what works have been undertaken and the cost of same on the said monuments. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the City Manager, the Saint John Fire Department Manual of Rules and Regulations and Discipline Code as revised April, 1974, be adopted. The Fire Chief was asked for a brief resume of the changes that have been made in the above named Rules and Regulations and Discipline Code and how significant these may be. The Chief recalled that the revisions were brought about because of Council policy that they be revised every five years and 1974 is the fifth year. He estimated that ninety -five per cent of the changes were occasioned by the action of Council in February of 1973 when Council adopted the Fire Department programmes whereby the Rescue Squad was established and the city was divided into two districts and changed the Department's rank structure in certain areas; apart from these changes, there are not too many revisions in the present document. He added that a number of the provisions in the Rules and Regulations date back a number of years and they are still being carried in the Regulations. Councillor MacGowan felt that if there is.no urgency in adopting the revised Rules and Regulations and Discipline Code the Council could perhaps compare these with the present Regulations, unless somebody is prepared to point out the changes to the Council. . On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the proposed Saint John Fire Department Manual of Rules and Regulations and Discipline Code as revised April, 1974, be laid on the table and considered in Committee of the Whole. Question being taken, the motion to table to Committee of the Whole was carried with Councillor M. Vincent voting "nay ". On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that as recommended by the.City Manager, authority be granted for payment of the invoice from Atlantic Towing Ltd. for assistance at the fire at Piers 10 to 12 on March 8th, 1974 by tugs "Irving Hemlock ", "Irving Tamarack ", "Irving Oak ", "Irving Fir" and "Irving Birch ", in the amount of $8,525.00 -these tugs having been requested by the Fire Department, and because of the lack of water and the Department's ability to only fight the fire from the landward side, the availability of the fire boats on the harbour side having prevented a much greater loss. Councillor M. Vincent suggested that in view of the amount of the above bill it might be timely to look at the possibility of the City having a fire boat, and perhaps approaching the Irving interests to determine if any of their vessels might be available for use by the City in the harbour on a rental basis which could be an approach to provision of a fire boat for the City in the harbour. Mr. Barfoot advised that he believes this proposition will be discussed by staff with the Council when the Fire Department budget for 1975 is considered. In reply to Councillor Kipping's question as to the basis on which the above named account was computed, Mr. Clark stated that it is based on the hourly rate of the fire boat involved and that he assumes this rate is comparable to the rate that would be used if the same craft were used for towing services; there is an established rate for use as a fire boat, namely, $232.50 per hour for the "Irving Hemlock" and $155.00 per hour each for the "Irving Birch" and "Irving Shamrock "; he does not know whether these rates are standard or not - from his discussions, these are the rates that are charged for towing services. Councillor Kipping's query in this matter was whether this is a standard rate for this kind of use in effect in other ports, or just at our port, or if there is any kind of an understanding regarding a rate here. He made the point that the rate should be established because in an emergency when you order special equipment you have not had time to bargain on rates, and what you have to do then is watch what kind of rates you are being charged. Mr. Barfoot advised that in this particular matter, the Fire Chief negotiated the account down to its present amount by a considerable amount from the original figure. In further discussion of hourly rate charged for the said tug boats, Mr. Clark explained that the rate is the user rate, regardless of what use is being made of the tug boat. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager, submitting a report from Mr. J. C. MacKinnon, Assistant Director of Works Operations, enlarging upon the operating revenues and expenditures for parking meters for the year 1973, further to Council discussion at the Council meeting of September 23rd last on this subject, be received and filed. Councillor A. Vincent asked that the Council be provided with a report, now that the Saint John Ang Commission has disposed of the parking garage building that has now been demolished on Germain Street, has retired the mortgage, showing what we have in revenue and how it is invested, and so on, by the said Fission. Mr. Barfoot advised that this requested report can be prepared for next week. 3 2 � f�a rk/ h9 mete Noting that some of the parking meters render practically no revenue, and that he is not aware of what the problem is in this regard, Councillor Hodges suggested that it would be wise tc ask the / Parking Commission for recommendations regarding these parking meters, his thought being that we either • Comm. raise the meter hourly rate or remove the meters. On motion of Councillor M. Vincent Seconded by Councillor Higgins 9i�h/ }�g�por RESOLVED that the annual report for 1973 of the Maintenance and Supply Division of the Works Department, be received and filed. /973 r`fs �epz` Mr. MacKinnon was complimented by Council members on the excellence of the above named report, and its comprehensiveness, dealing with City equipment. Councillor Hodges asked what formula will be , used for the replacement of equipment that is classified as "poor" in condition, so that the Council members will be informed at the time tenders are called for new equipment regarding which pieces of equipment are to be disposed of. Mr. Barfoot replied that all equipment replacements are ccnsidered in the annual operating budget and these requests will be coming before the Council members, and that it is �9CI�P /77 e,-,2t the hope of the staff that the Council will retain the above noted report and that when each departmental J/ estimate is being considered by Council, the Council can refer to this report and determine the condition e Bhts m of the equipment and how much it would cost for replacement. u �9B t With regard to the recommendation made by the City Manager at the meeting of Common Council , held on September 23rd last, that the contract price of Modern Building Cleaning for supplying janitorial services for the area of the City Hall complex occupied by the City be increased by $380.00 per month, effective August lst, 1974, for a total of $2,775.75 per month, with further increases of $282:34 per month from January 1st, 1975 to June 30th, 1975, for a total of $3,058.09 per month, and $281.47 per month from July lst, 1975.to December 31st, 1975, for a total of $3,339.56 per month -- which was laid on the table at that meeting pending receipt of information -- Councillor MacGowan advised that she received the information she desired today. She thereupon proposed the following motion, which was not seconded: - That the recommendation of the City Manager regarding increasing the said contract price be adopted until the end of 1974 and, in the meanwhile, the Council determine whether or not the City might not be able to engage its own cleaning crews to clean the City's premises in the building much more inexpensively. She stated that it is not that she does not want the staff to get the additional increase in salary, but she • feels that it is costing the City a great deal to keep the six floors it occupies clean (floors 5, 6, 7, 8, 9 and the lobby); Modern Building Cleaning have approximately 15 persons on their cleaning staff for this building (3 full -time employees, and 12, and 13 part - time). Mr. Barfoot explained that the purpose in presenting the recommendation covering 1975 was so that a figure could be provided for budget purposes. Councillor A. Vincent asked whether the City has a signed contract with the said cleaning group for cleaning. Mr. Barfoot pointed out that this company cleans the whole City Hall building and the City is a tenant for only part of the building; he believes that with regard to the question posed by Councillor A. Vincent, it is a signed proposal. Councillor A. Vincent recalled that in the lease documentation regarding the City Hall between the City and Revenue Properties it is quite clear that after a fixed amount of maintenance the City pays part of the costs. He felt that the City is being double - charged, in this matter, and that he would like the Legal Department to study the matter and that the new members of Council be provided with copies of the said lease. He stated that he is wondering, with all the other repairs they are doing to the building, if the City is not ending up paying Revenue Properties more money ' than it should be paying; he would like to see the Legal Department comment on this. He stated that if the City does not have a contract for the cleaning work, he would like to see the City call public tenders for this work. In explanation of the proposal to which he had referred, and in reply to Councillor M. Vincent's question in this regard, Mr. Barfoot stated that the proposal has been received from the cleaning company; the owners of the building have given this company two increases since the City last gave this company an increase; it is a co- ordinated effort throughout all floors of the building; the City really is in the position of having to negotiate the best price possible, and he believes that the City is one of the tenants of the building involved in cleaning; the City has turned back two requests for increases to this company so far and the City staff met with the cleaning company on several occasions and this request for an increase is one which the staff is forced to support at this time because we all are aware of the . increases in wages that have come about since this arrangement was last negotiated in 1973. In reply to Councillor M. Vincent's question as to whether this cleaning company is cleaning the Police Department • guard -room on the fifth floor of the building, Chief Ferguson stated that the said floor is being done by the City's own cleaning staff, but the City Hall cleaning company does the garage. Councillor Parfitt, noting that Revenue Properties is the owner of the building and the City a tenant, asked if it is not Revenue Properties who negotiate with this cleaning company and the City pays pro rata for the premises it occupies. Mr. Barfoot pointed out that the lease arrangement is that the City provides its own cleaning services - the Police Department cleans its own areas, and we have con- tracted out the balance of the cleaning; this matter was thoroughly investigated at the time the City first went into contract - cleaning services and it was felt this was the right way to proceed, especially since the rest of the building was being cleaned by the same company. ' Councillor A. Vincent proposed a motion, which was seconded by Councillor Pye, that the matter be laid on the table and we call public tenders for the cleaning work. Mr. Barfoot pointed out that in 1971 joint proposals were obtained from the various cleaning companies by the City and the owner of the building, and that the City is now really negotiating the extensions of the earlier proposal. On motion of Councillor A. Vincent Seconded by Councillor Pye I RESOLVED that the matter be laid on the table and public tenders be called by the City for the cleaning work. y On motion of Councillor MacGowan Seconded by Councillor Kipping / ✓ooh /z oh /�� /^a Lie RESOLVED that the matter be laid on the table again, until the iy/hc/ else Council receives more pertinent information. 7 Councillor A. Vincent, with the consent of Councillor Pye, withdrew from his tabling motion the [i /6o7�)%n9 words, "and public tenders be called by the City for the cleaning work ". . ✓ Question being taken, the motion of Councillor A. Vincent to table the matter was carried with Councillor Higgins voting "nay ", he having expressed the feeling that the Council could accept the City ' 23 43 • /�j(/�qy Manager's recommendation for the remainder of 1974 which would give the Council some lead time to consider the �rf5 9L matter, and possibly discuss the idea of calling tenders for 1975 and 1976, and so on. • is the company's understanding that the Department of Highways of New Brunswick will be installing the pipeline 9ZL�p� Councillor MacGowan proposed a motion, which was not seconded, that, in the meanwhile, before the Council takes action to take the matter from the table, pertinent information be obtained regarding how much it is costing the City exactly to clean the City floors in the building at the price it is paying (that is, is the City paying for the cleaning of the entire building). Councillor Kipping noted that what the Council needs to know is the status of the present contract. The Mayor advised that this information will be supplied to Council. On motion of Councillor Hodges Seconded by Councillor A. Vincent RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land on the east /fie -zon i ri9 side of Somerset Street, having a frontage of 200 feet and a depth of 410 feet (being Lot 11, Block 9) and e situated north of and adjacent to Wm. P. Dowd & Sons Ltd. property, from "RS -2" Suburban One- and Two- Family /m Sod 1.1 Dwelling district to "I -1" Light Industrial district, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto" ' was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Davis Seconded by Councillor Kipping / RESOLVED that the Mayor and Common Clerk be authorized to execute on behalf of the City of Saint John a license agreement whereby Canadian National Railways grants the City permission 49r e&Me17 to install a 30 -inch water pipeline under the Railway right -of -way and tracks in the vicinity of Station IR. Street, Saint John, for a period of three years from July lst, 1974 until terminated as provided in the license e.v7el,979 agreement, at the rate of $15.00 per annum, payable three years in advance: • /�j(/�qy AND FURTHER that the covering letter from the Canadian National Railways advising that the license �rf5 9L provides for the City of Saint John to install and maintain the pipeline at its expense, but that, however, it 44 is the company's understanding that the Department of Highways of New Brunswick will be installing the pipeline 9ZL�p� at the Department's expense and that the City of Saint John will be responsible for maintenance costs the reafter, and that as the City is the Licensee under the above named license, it will be the City's responsibility to enter into a proper agreement with the Department of Highways respecting installation costs -- be received and filed. In reply to question put by Councillor Kipping as to the status at the moment of the above mentioned agreement which the City would have to enter into with the Department of Highways, Mr. Barfoot advised that this is one of the watermain relocations in connection with the throughway; the said Department is installing all these watermain relocations at its expense, and once the watermain is in and has been approved as to engineering and installation by the City and the contract is completed, then these become the City's maintenance responsibilities; the City will not be entering into a formal agreement regarding each watermain relocation because it is an understanding the City has with the Province. Councillor A. Vincent asked for information regarding what the regulations would be for an oil line under the Railway right -of -way and tracks. Mr. Barfoot replied that he does not know the exact regulation for an oil line; a water line requires, for instance, a sleeve or encasement underneath the railway track. Councillor A. Vincent stated that his reason for asking about this matter is that sometime soon a request would be made to put an oil pipeline through the City to Coleson's Cove and he believes the City should be armed in advance with regulations in this regard. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the Mayor and Common Clerk be authorized to execute on behalf of the City of Saint John the seven copies of Signal Plan SL -3 -4.57, dated August 14th, 1974, showing �a /1�yy the automatic crossing protection at Gault Road in the City of Saint John, submitted by Canadian Pacific Railway, � the said plan having been revised on account of the Canadian Transport Commission order R -19102 dated August Si9nd s 1st, 1974. Gdu /t mod. On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that the letter from the City Solicitor, further to the )ol �O�G/ — meeting of Common Council of September 30th last at which the Council adopted a policy to repeal the Bread By- /X Law and asked that the necessary legislation be prepared for this purpose, submitting for the Council's information r and action a by -law which requires three readings in order to repeal the present Bread By -Law, be received and filed: r AND FURTHER that the by -law entitled "A By -Law to Repeal a By -Law Regulating the Weight and Sale of drea/d Bread Within The City of Saint John" be read a first time. Councillor Parfitt noted that if the present by -law is repealed the City will have no regulations red e,;,Ic respecting the weight of bread, and asked if the Council intends to bring in the 20 -ounce loaf, or what. Councillor Gould asked if the Council is going to leave the matter of weight of bread wide open to the bread industry as it sees fit, or is the Council going to limit the industry. The Mayor noted that another by -law can be enacted after the present by -law is repealed. Noting that it is apparently Provincial legislation in other provinces with regard to bread size control, Councillor MacGowan suggested that possibly the Council should refer the matter to The Cities of New Brunswick; she added that in other provinces, apparently the cities themselves do not get involved in such legislation. She felt that perhaps the Council should ask The Cities to recommend legislation to the Province. Councillor M. Vincent asked if the by -law receives all readings necessary to repeal it how much time does the Council have before it would have to bring something in to say the weight of bread that shall be sold in our city shall be either a 24 -ounce or a 20 -ounce loaf of bread or does it mean that the bread producers can start immediately with what they like. In reply, Mr. Rodgers advised that if the above by -law receives three readings there will be no bread by -law regulations in the City of Saint John and what the Council is doing is leaving it to the manufacturer or the wholesaler of bread to regulate themselves. He recalled that at the September 30th meeting of Council, Mr. D. Noel pointed out that everything in the way of equipment that the bread manufacturers have is pretty well geared to the 20- • ounce loaf. He stated that if the Council can foresee the manufacturers changing all their equipment to move from 20 ounces to some other size less than or anything other than 20 ounces, then possibly the Council can take steps to regulate it - otherwise, he believes it is self - regulation the Council is talking about; further, in reply to the question of time limit raised by Councillor M. Vincent, there is no time limit. 234 Councillor Davis explained that his chief reason in moving first reading for repeal of the Bread By -Law is because the by -law was never enforced; the City was not in a position to enforce it and he doubts very much if the City would be in a position to enforce any other by -law of this type. He felt that the citizen is protected in that the product will be labeled a certain weight and if it is below a certain weight the producer of a product will be liable to fine from other sources, but in no way is the City prepared to have a policeman pick up a number of loaves of bread to weight them and then return them to the producer because it just cannot be done. Read a first time the by -law entitled "A By -Law to Repeal a By -Law Regulating the Weight and Sale of Bread Within The City of Saint John ". On motion of Councillor Higgins Seconded by Councillor Davis RESOLVED that the by -law entitled "A By -Law to Repeal. a By -Law Regulating the Weight and Sale of Bread Within The City of Saint John" be read a second time. /fie e Read a second time the by -law entitled "A By -Law to Repeal a By -Law Regulating the Weight and Sale of Bread Within The City of Saint John ". 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 Comm /i, / /� /� W/�Ole Your Committee begs leave to report that it sat on September 23rd, 1974, when there were �/ r present Mayor Flewwelling and Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, �3' Parfitt, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and strike recommendations, namely: - That a letter be forwarded to Local 1148 of the International Brotherhood of Electrical Workers �/ / /�� requesting that they co- operate in providing repair service to the emergency telephone system of both the Saint John Police Department and the Saint John Fire Department in the event a breakdown should occur Te /ejJ/lo%e r %Nl during the term of the present legal strike of employees of the New Brunswick Telephone Company, Limited. Service �s�,e�x 7"D h �o /lee qc _1jP6 2. That as recommended by the Nominating Committee, Mrs. Joyce Milrod be appointed to the Planning Advisory Committee for the unexpired term of Mr. David E. Morehouse. 119 %ht/nene That the report prepared by the City Solicitor with reference to the White Paper which outlines the proposed Provincial Government policy pertaining to conflicts of interest affecting elected persons /ahri i�Qo /s• CO!�m and appointed public servants, and which was distributed to municipalities throughout the Province with a view to encouraging comments on the Government's policy, be received and filed and then forwarded to the Law Amendments Committee with copies to the Executive of The Cities of New Brunswick. , �dPer re Respectfully submitted, COh�� B�S 07, 4 7Th October, 1974, (sgd. ) E. A. Flewwelling, %h%tvje Saint John, N. B. Chairman. X.7W gia�hdmea COmMI�e On motion of Councillor A. Vincent CI �IL°S O� Seconded by Councillor Hodges RESOLVED that section 1 of the above report be adopted and ratified, and amended by adding the word "legal" before the words "strike of employees of the New Brunswick Telephone Company, Limited." therein. On motion of Councillor Hodges Seconded by Councillor Higgins • RESOLVED that section 2 of the above report be adopted. On motion of Councillor Pye Seconded by Councillor Davis RESOLVED that section 3 of the above report be adopted. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the above named report of the Committee of the Whole adopted in its entirety, as amended. On motion of Councillor MacGowan Seconded by,:Councillor Higgins RESOLVED that the following recommendations submitted by the Civic Improvement and Beautification Committee be adopted and forwarded to the appropriate departments, ComMiee namely:- (1) that the matter of the unsightly condition of the former service station site at the intersection, f Carmarthen and St. James Streets be referred to the Building Inspector for appropriate action; (2) Shs that the City Manager, on conjunction with the Parks division of the Recreation and Parks Department, be d N g instructed to carry out negotiations with the Provincial Government for the maintenance and cutting of (COh.(�r /L�%)e/J ✓ Provincial Government throughway properties within the City limits; (3) that adequate provision be made St. Tables Sys) in the 1975 budget to ensure that grass cutting of all City (it should be noted ,yI � g g y properties is carried out hat, the Committee is endeavouring to urge local companies and citizens to maintain their properties and �,,`,L it is the Committee's feeling that the City should set the example for its citizens in this regard); (4) Cry SS C u //1! hat funds be allotted in the 1975 budget for the curbing of Tilley Square and Market Place Square, Saint fjy ice/ vY e Y� /J John West; (5) that the City's by -laws be enforced regarding the illegal parking of vehicles on boulevards tft d green areas in the city. • ca- Councillor MacGowan called attention to the fact that there is some urgency regarding the Cot Pk (T/ second recommendation contained in the above resolution because the grass over on the throughway is most s':qt� A&r.Fe% J /ice e5q. ) %arki n9 �ro� /fi on Eau /ev�r�s� I , �h+eeh �reag r 235 unsightly. She felt it is a pity to plant grass or sod, and not maintain it. Noting that winter is approaching and we will soon be faced with snow control conditions, Councillor Hodges felt that the cars that have been in • the habit of parking illegally on the sidewalks should be stopped immediately from doing so. With regard to the matter of unsightly condition of former service station sites, Councillor Kipping pointed out that the above mentioned former service station site is not the only one that is unsightly in the city because there are quite a few and they are in pretty bad condition. Councillor MacGowan advised that the Civic Improvement and Beautification Committee is bringing in a recommendation in this regard. On motion of Councillor M. Vincent Seconded by Councillor Gould / � RESOLVED that in accordance with the recommendation of the Land Committee, A717 / '-0Mm/ the City purchase from Mrs. Josephine Zed the properties located at 115 -119 Queen Street and at 30 -3612 St. Tose/o%i ae Andrews Street for the negotiated price of $40,000.00, the Recreation and Parks Department having requested Zed that these properties be purchased for a future community centre in the South End which is designated by the 116-- Il9 6)� said Department for such use in the said area. 30 -3(Z On motion of Councillor M. Vincent 00,W M AtAV 7 Seconded by Councillor A. Vincent Cehire s/ RESOLVED that as recommended by the Land Committee, the City deed 2,570 square feet of land on the Sandy Point Road to John W. and Edith A. Peacock in exchange for 1,336 square �and eXe% feet of land that was required by the City from their property for straightening the said Road, and that the oS�bdy �L City deed 1,400 square feet of land to Garfield Reynolds on the Sandy Point Road in exchange for the 495 square mmac feet of land that was required from his property by the City for the said road work (the area shown in red on / /,%CG�. the submitted plan is to be conveyed to the said John W. and Edith A. Peacock and Garfield Reynolds, and the ,7a_X17 /. l- area shown in green is to be deeded by them to the City, as noted). nn��P�JCOCf( On motion of Councillor Gould Vo7r� %E /LL Seconded by Councillor MacGowan �.IW oas RESOLVED that in accordance with the recommendation of the Land Com- mittee, following the taking of the necessary steps to close two reserved streets located on land near the Reset- Rothesay Road and Drury Cove Road which is owned by Miss Daphne Guernsey, which reserved streets are shown on a t She S 1912 plan and have never been developed and, in actual fact, do not exist, that upon the closure of the said C /OSFGHC' reserved streets the City y execute a quit claim deed in favour of Miss Guernsey with the condition that she is 1 to pay any and all expenses incurred by the City with this transaction. Oved J�a/ohne On motion of Councillor Pye �cce/�hSet� Seconded by Councillor Higgins RESOLVED that as recommended by the Land Committee, the City purchase 40,000 square feet of land and a building located at Baxter's Corner from Philip Cornfield for the sum of R�11/� Orn $16,000.00, and that Mr. Cornfield be granted permission to remove the said building from its present site and e/d outside of watershed boundaries within a period of sixty days. 04X*rs On motion of Councillor Pye Corr/er Seconded by Councillor M. Vincent RESOLVED that the letter from the Land Committee advising that Mr. Murray Kingston recently purchased a property on Williams Street, Saint John West and that when the survey was �dSE/+lc°r7� made it was discovered that a portion of his house was encroaching on Hawtrey Street by 11.7 feet in width and mar We by 35.4 feet in depth having an area of 414.18 square feet on the said street which is 50.08 feet in total ,,// width, and recommending that as this portion of Hawtrey Street has never been developed an easement consisting /t/ h9StOh of 414.18 square feet, as shown on the submitted plan, be granted to Mr. Kingston with the easement to be valid /%wfhio only for the life of the present building, be received and filed and the recommendation adopted. E1?C11Vc4 On motion of Councillor Pye merit Seconded by Councillor Hodges ?J� lfl" OhW ✓. purchase from Mr. Raymond J RESOLVED that as per the recommendation of the Land Committee, the City n ,. Debly property located on the Second Loch Lomond lake consisting od 48 acres, more J/ s6/ or less, for the appraised value of $10,300.00. SeCOhI�" " rid/7 On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from the Land Committee advising that the Board of School Trustees of School District 20 is desirous of acquiring a parcel of City -owned land consisting 4 semen of 5.18 acres which is adjacent to the Simonds High School and that this area is presently designated as a park / // area and its use is intended as a second practice field for the students; that this parcel is land locked and JnC/JOO/ 3a. contains a 20 -foot sewer line easement which runs in a lateral line that services New Brunswick Housing Corporation to the pump house and has an appraised value of $5,700.00; that the City has been negotiating the acquisition eJeGUBr 9`" of the following four easements from the School Board:- (1) Little River Sewer Line easement consisting of I�I 38,568 square feet having an appraised value of $220.00; (2) Little River Collector Line easement consisting of /� 12,888 square feet having an appraised value of $100.00; (3) Spruce Lake Water line easement consisting of S raCP /,� e having 800 19, square feet WPd�eh /% h E q g an appraised value of $356.00; (4) Milford - Randolph- Greendale sewer easement consisting &. of 23,114 square feet having an appraised value of $2,311.40 -- and recommending that the 5.18 acres above named, located on the Hickey Road, be conveyed to the Province of New Brunswick in exchange for the said four Sewer easements with the Province to pay all legal and surveying costs incurred with the conveyance of the said 5.18 'arid eXC^ acres of land, and further recommending that the 20 -foot sewer line easement contained in the said 5.18 parcel rp of land be retained by the City of Saint John and also recommending that a rider be contained in the deed fYieke�/ �9it• stating that if at any time in the future the Province decides to sell this area that the land reverts to the CTj RraJ/, OI/t City of Saint John for the total cost of the easements which is $2,987.40 -- be received and filed and the said SElUE'r C°adSe- recommendations adopted. M e h?-6& On motion of Councillor M. Vincent / �� Seconded by Councillor MacGowan Ui'��i 7/er RESOLVED that as requested by the Redevelopment Officer, approval be Tt_ / vWn granted for payment of the account received from Tri -Town Realty in the amount of $175.00 for appraising the property of John Searle Agencies Ltd. at 51 -53 Dock Street (F- 6 -19 -7) in connection with the North End Urban Renewal Scheme, the Partnership's approval for payment of this account having been acknowledged - this account Appraises/ to be charged against the project and shared in the usual way. 236 �n�Y //ib7ri / %PSon V_ C, o ,hard �r�.sa e%oh 3a 61P :r��peul�, octz°s��rli r�9 a ccouri�s re /rrof, arz�yf . �GCSi/JPSS ati.stur��'e 7agqb/e h7 feu of�u6 / /'c /oihds; f�cG6hey C' /,(/Ooh /%/1 /Soh .9Q,1.50,-n Cuhci //o/r� /� U/ah C',tyy f/a // y q_v,e 11°/h0f CR1 area" C��`�, /Y%arka9er L°oar7ci / /or prod, C—o vt OP 40 ��rf'ltE/^ /C�OJ -# '�lvnrec�� in 0 h7ibrt %s (w ! This ov0%f /f%ihls�er�y% /�%mders of �Py /s��i�ve 9ssPm6 /y e 17a r (/eAeraris'AemF 6r4i7c e .Day CommI?Vee On motion of"Councillor MacGowan Seconded by Councillor Higgins RESOLVED that as per the request of the Redevelopment Officer, approval be given for payment of the account received from Nason & Collier in the amount of $1,466.50 for professional services rendered in connection with J. D. Hazen Estate properties at Smythe Street (F- 10 -6 -8), 274 Chesley Street (F- 11 -4 -5) and 270 Chesley Street (F- 11 -4 -5) which are required for the North End Urban Renewal Scheme, the said services having been rendered in preparing the notice to the Land Compensation Board various conferences, attending at Land Compensation Board hearings„ et cetera from January 1972 to June 1974 - the approval of the Partnership for payment of the said account having been acknowledged, and this account to be charged against the project in the usual way. Councillor A. Vincent stated that he is repeating the request he made some time �Lgo for a list of outstanding accounts going back to 1972 of properties that have not been acquired as yet. for Urban Renewal, showing the amounts the City owes and to whom the City owes same. He felt that progress payments should be made so that the Council will be informed of what is taking place. In reply, Mr. Barfoot stated he believes a report has been made to Council on the outstanding properties. Councillor A. Vincent noted that he had asked for everything; "outstanding properties" mean "everything ". He pointed out that Joyce's Transfer was one property that was not included in the report to which Mr. Barfoot refers. He added that he has his own list of these properties and the list in the said report does not compare with his own list. He commented that some day perhaps there would be a business disturbance claim from Joyce's Transfer and it would be paid without question, regarding the Urban Renewal property of this firm. On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the Planning Advisory Committee, the following sums of money be accepted in lieu of land for public purposes with respect to the following sub- divisions:- (1) from Aubrey C. Wood, S -34: the sum of $120.00, based on the Real Estate Department's appraisal of this property (a 1.77 -acre lot is being severed from the Aubrey Wood property on the northerly side of the Golden Grove Road about 2,100 feet east of the Churchland Road; permission was granted at the March 27th, 1974 meeting of the Planning Advisory Committee for Mr. David Whittaker to place a mobile home on this proposed lot); (2) from Allison A. Sansom, S -29: the sum of $280.00, based on the Real Estate Department's appraisal of this property (the Sansom property is situated just beyond the northerly extremity of Eden Street in the Woodlawn Park Sub - division at Red Head; at the April 23rd, 1974 meeting of the Plannin €; Advisory (Committee, the Committee agreed to permit a lot at this location with access being provided by means of a right -of -way which in effect would be a future extension of Eden Street). On motion of Councillor Higgins E 0 Seconded by Councillor Gould RESOLVED that the letter from Councillor MacGowan, bringing to the Council's attention the unsightly condition at the rear of the City Hall building due to the improper placing of garbage for removal, and urging that the Council take appropriate action to ensure that in ' future adequate provision is made to have the garbage properly concealed, be referred to the City Manager for action. Councillor Kipping recalled that he had spoken personally some time ago to the Assistant Director of Works - Operations about the above named situation which is a problem for Revenue! Properties, the owner of the City Hall building, to resolve. He felt that there has to be some rather stringent persuasion to have Revenue Properties do something in this matter. On motion of Councillor MacGowan Seconded by Councillor Kipping RESOLVED that the letter from Councillor MacGowan, recalling that for the past several years there has been talk that a new road would be constructed between Saint John and Fredericton but apparently no action has been taken, and recommending that the Common Council • approach the Provincial Government requesting that a new road be constructed which would be! a credit to the Provincial capital and to the Province's largest city, be received and filed and the Council approve in principle the necessity of a new road or an up -dated road between Fredericton and Saint John, and that the Council also request the support of the City of Fredericton in this matter. Councillor MacGowan commented that the road in question is in a dreadful condition and as far as she can see it is the only road leading into Fredericton that is not up to the standards of a 1974 road, and that a new road or up- dating of the existing road is long overdue. She expressed the view that now is the time to pursue this matter, and that the Council must press for this road very strongly, ' this being the so- called River Road ". She stated that the Council's request would be directed to the Department of Highways, or wherever we are going to get action - perhaps we have to work through our Members of the Legislative Assembly in this regard - we have to get the support of our citizens in our - - request for the road, and the support of our said Members, and we have to press for that road. Councillor Higgins made the point that the Council's request should be directed to a specific person in a specific department of the Province, so it can be followed through. Councillor Kipping suggested the.t the approach to take would be to have a meeting with Provincial Government people - probably elected representatives and some Government officials, and maybe the Cabinet, itself - and the Council would have to prepare specific proposals for such meeting to present from the City, perhaps. The Mayor noted that a meeting , is to be held in Saint John on October 11th next between the Council and the Department of Highways concerning the throughway, and he felt it would be an opportune time to discuss the said road directly with these Government people. He further noted that the contents of the above motion should be sent to the Minister and to the Members of the Legislative Assembly. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that in accordance with the request of the Veterans' membrance Day Committee, whose letter of September 25th, 1974 advises of plans for the annual Remembrance y observances, to be held at the cenotaph at the head of King Street at 11.00 a.m. on Monday, November • th, the City agree to underwrite any indebtedness the said Committee might incur in this regard, the tal of which would not exceed the sum of $100.00. F_ 2_37 On motion of Councillor Higgins •�' /u�/7O�„ /�N Seconded by Councillor Gould �eSC/� P ✓ RESOLVED that the letter from the Saint John Port Authority advising that 9 , during the last meeting of the Authority a motion was passed.to inform the Common Council that it fully supports �s�Ond 4"1/i the idea of a second Rescue Squad unit within the city as the Authority realizes the excellent value of this fire 7�ef service to the port, be received and filed and submitted to the Budget Committee. Adyet 6,0., // L ee On motion of Councillor Parfitt // Seconded by Councillor M. Vincent SC//00/ 3d. RESOLVED that the letter from the Board of School Trustees of School /C District Number 20, requesting that the City authorities extend the hours of the traffic rotary on Thorne 1� /7/ Avenue, Russell Street and Rothesay Avenue in the morning to 9.00 a.m. and to commence the rotary scheme in the porn e�cs� afternoon at 2.30 p.m. to facilitate school bus movements and schedules, be referred to the Traffic and Safety �zES� /�/aISSE� ommittee to obtain the facts regarding the said school buses from Mr. McLean of the Board of School Trustees. C �; On motion of Councillor Gould A_ i s/ �OIhM. Seconded by Councillor Higgins /� 1� RESOLVED that the letter from Mr. John G. Kelly on behalf of Summerstock lu�O�h(T.n ell�/ X74, advising that due to the fact that this undertaking was a financial success this season, the City of Saint nn / John's loan of $500.00 to Summerstock '74 was being repaid by cheque and enclosed with the said letter with the dmon,ovo, v G appreciation of the group of the City's assistance in this regard, be received and filed and the group thanked / for the said repayment to the City. /G.Oa�r1 me" Z On motion of Councillor Hodges Seconded by Councillor MacGowan RESOLVED that the letter from the Lorneville Ratepayers Association .,Iorl�evi /le expressing appreciation for the chipsealing operation recently carried out on the Lorneville Road and advising f�at/eG/BHS that, however, the underlying surface in various areas is in such a condition that only a complete hot asphalt programme could put the road in a condition that it would not require repairs for years, and requesting that an up- grading programme be commenced on this road in 1975, perhaps over a three -year period, with perhaps a mile Rd of the road being paved during each of the years in this period, be referred to the capital works budget. �e7!1/" ;Ctc On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. H. J. Achorn of Grandview Avenue, submitting a sub - division plan showing a reserved road which leads from the Lower Loch Lomond Road northwardly and which is flanked on either side by land owned by himself, advising that he is seeking help from the City in iS &Servewt determining ownership of the said reserved road as he would like to acquire the said roadway for the purpose of %Odd consolidating his land, be referred to the Land Committee. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from Gulf Oil Canada Limited, dated September Gu�f'O�/ 24th, 1974, recalling that the October 29th, 1973 application from the company to Common Council for a demolition and building permit to build a new self -serve outlet at the company's premises at City Road and Blair Street was considered at a meeting of Council held on November 5th, 1973 at which time the Council resolved that the Jr'Prl/ /cG application be dealt with when the new National Fire Code is available and is presented to Council for adopting; making application at this time for a permit and approval to build this new gasoline bar facility with the provision that the new Gulf facility will be attendant- operated at the pump islands (in other words, manually -of-AZI, In operated in the same manner as all existing service stations are operated in the City of Saint John) and /© f 1 stating that when the National Fire Code is ad-opted by Council the company would then request approval to /-/re switch operation to self - serve; advising that the company's plans for future market position in the city does �D de not add to the net number of service station outlets, but, rather, improve the existing properties that it already owns; and advising that this request therefore, is for a permit to demolish the old existing service • station building, to be relocated on the property with a new self -serve gasoline bar facility which will be manually operated by attendants at the pump islands -- be referred to staff for a report, and to all the proper authorities. In reply to Councillor MacGowan's request for information as to whether Gulf Oil Canada Limited has 1% C e many abandoned service stations at present in the city, Mr. Barfoot stated that he would like to make a full 3L/c / 0 "J_ report on this matter because there was quite a lot of previous procedure on this item and the Council should eel rz� have complete information in this regard. Councillor MacGowan explained that the Civic Improvement and Beautifi- cation Committee is concerned with abandoned service stations and abandoned lots and that the Committee would hope that when any negotiating is taking place that this would be considered and that they bring up the existing empty lots. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Arts Council Inc. advising that the group will soon be producing Bizet's opera "Carmen" and that costs will be much higher for Pun / this production as the submitted budget will indicate, than for the 1973 production of this same opera, and ell that the Common Council is requested to consider the possibility of giving the Arts Council a grant of $1,000.00 _ n c- to assist the Arts Council in absorbing the higher cost, which cannot be recovered from audience or advertising 0_•a i t revenue, be referred to the Budget Committee. C'O irJ On motion of Councillor MacGowan Z�s Seconded by Councillor Higgins �/H /�y sgryv/ RESOLVED that the requests received from Family Services Saint John, hod C',,V SS Inc.; Canadian Red Cross Society, New Brunswick Division; Atlantic Symphony Inc.; Young Women's Christian �/ n t /�,.3'4� Association; Cerebral Palsy Foundation (Saint John) Incorporated; Catholic Youth Organization; Victorian Order oyc�n of Nurses; Saint John Boys' and Girls' Club; Salvation Army - for grants from the City for 1975, be referred to 114W. e•.ff,�� the Budget Committee. • C�EI�.4 /a�5 Fo undati C, Councillor M. Vincent stated that he has noted an increased amount of both pedestrian and vehicular Y 0-i 01 /✓'traffic at the intersection of Westmorland Road and McAllister Drive, but no cross -walk has been painted at s,T, s�� this intersection for pedestrians. Mr. MacKinnon, in reply to his query as to whether such cross -walk could be �/ r�5 Ia provided in the near future, stated that this can be done on October 8th. .S'.��lidt7 Oh c . s�-lwJk &VGOZ 238 At this time, Councillor MacGowan read a letter received from the Minister of Health of New Brunswick which advises that the Department of Health will be conducting two seminars on aLcoholism in industry, the first of which is to be held on October 8th at the Admiral Beatty Hotel in Saint John from f/ea /�Li 9.00 a.m. until 5.00 p.m. The letter from the Minister extends a personal invitation to aLl the City's management and supervisory personnel to attend one of these seminars as the Minister is convinced that Sew/ Wars 0,17 these one -day sessions will be-of assistance to the City. Councillor MacGowan expressed the hope that a7 /C OX D//SIr» some of the Councillors and City staff will be able to take advantage of these seminars. On motion of Councillor Gould ✓✓ Seconded by Councillor M. Vincent RESOLVED that this meeting continue, in legal session. L E G A L On motion of Councillor A. Vincent Seconded by Councillor Higgins �fZ�y SO� C /�Or RESOLVED that the letter from the City Solicitor, dated October J�/ 2nd, 1974, outlining the scope and authority of the position of Building Inspector in relation to the _gLt //GL/I9 Common Council and the City Manager, in order that the Council and other administrative officials are able to see the role of the Building Inspector in a complex organization such as local government, and be better able to understand the true nature and functions of a Building Inspector, be received and {SCo�E 9� filed for information. dcG%iIo/�ity a� �JOSit�/ O N Councillor A. Vincent advised of his intention to discuss with the City Solicitcr the matter of private persons who have buildings demolished being required to put up a larger amount of money on 000G�'JC/ // /O/^ �, deposit so that if the work fails to be done properly, the City would keep the deposit money in the -� I// hC E h�`- event the City has to have the site clean -up work done. He added that, after talking with the City ,(rtlldi /-j 9 A/ Solicitor in this connection, he will have the matter on next week's Council agenda. J�y On the question of the City collecting the costs of demolitions of buildings, Mr. Park expressed Pri vaZze //'' l the views that this is a matter that can only be dealt with by the City taking legal action to collect �7Pr5O/jS(�O�Cy if the owner has failed to pay when he has been billed. He stated that he can recall that only a few of di /a/oi dated these bills have ever been collected by the City, and it was done by "bluff" just because the City 6� / /di a9 s happened to be in the position of having another account with the same owner and the City managed to deduct the bill owing to the City. He stated that if the City is going to go ahead with the inspection of properties and finding that some of them are dangerous and dilapidated, and the owners are not taking action so that the City has to pay these demolition charges, the City has to put money in the budget for �UCC same, and it is a sizable sum of money at the kind of tender bids the City has been getting. He estimated 9 that the budget amount would be anywhere from $25,000.00 to $50,000.00 per annum, according to the number of dilapidated properties that are likely to be brought forward. Mr. Rodgers felt that Mr. Park's comments are very well taken - even if we are successful in getting the Judgement, it will automatically mean getting the money. On motion The meeting adjourned. Common .erk. u • Councillor A. Vincent recalled that his request that the Council table be provided with drawers for each individual Council members, with locks and keys, for their convenience in storing pertinent Council material, had been referred to the City Hall Building Committee, and he stated that he would like to know when his motion in this regard will be implemented. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the request that all Council members be furnished Couf/c with drawers at their places at the Council Chamber table, equipped with locks and keys, be placed on /�C//oi/�7dB the agenda of this meeting. ia6 /e, u/i iii lacks OCks Councillor Davis expressed the view that the provision of the proposed locked drawers should be selective, with those Councillors who wish them to be provided with them, and vice versa. Councillor Kipping made note that the Council members have been provided with locked filing cabinets In the City Hall, in the area behind the Council Chamber, which he felt to be sufficient for the Councillors' needs. In further discussion, Councillor A. Vincent stated that at the next meeting of Council he is going to bring in a list of items that have not been completed before Council. Question being taken, the motion was carried with Councillors Kipping, Parfitt, ''ye and Gould voting "nay". On motion of Councillor A. Vincent Seconded by Councillor Higgins RESOLVED that the staff be instructed to provide each Council /7rawers O� �� member with a drawer at the Council Chamber table, complete with locks and keys. C'occ�ici/ //�'�" �dMel / Question being taken, the motion was carried with Councillors Parfitt, Pye, Kipping and Gould /�// /�!� / OCry 5 voting "nay ". At this time, Councillor MacGowan read a letter received from the Minister of Health of New Brunswick which advises that the Department of Health will be conducting two seminars on aLcoholism in industry, the first of which is to be held on October 8th at the Admiral Beatty Hotel in Saint John from f/ea /�Li 9.00 a.m. until 5.00 p.m. The letter from the Minister extends a personal invitation to aLl the City's management and supervisory personnel to attend one of these seminars as the Minister is convinced that Sew/ Wars 0,17 these one -day sessions will be-of assistance to the City. Councillor MacGowan expressed the hope that a7 /C OX D//SIr» some of the Councillors and City staff will be able to take advantage of these seminars. On motion of Councillor Gould ✓✓ Seconded by Councillor M. Vincent RESOLVED that this meeting continue, in legal session. L E G A L On motion of Councillor A. Vincent Seconded by Councillor Higgins �fZ�y SO� C /�Or RESOLVED that the letter from the City Solicitor, dated October J�/ 2nd, 1974, outlining the scope and authority of the position of Building Inspector in relation to the _gLt //GL/I9 Common Council and the City Manager, in order that the Council and other administrative officials are able to see the role of the Building Inspector in a complex organization such as local government, and be better able to understand the true nature and functions of a Building Inspector, be received and {SCo�E 9� filed for information. dcG%iIo/�ity a� �JOSit�/ O N Councillor A. Vincent advised of his intention to discuss with the City Solicitcr the matter of private persons who have buildings demolished being required to put up a larger amount of money on 000G�'JC/ // /O/^ �, deposit so that if the work fails to be done properly, the City would keep the deposit money in the -� I// hC E h�`- event the City has to have the site clean -up work done. He added that, after talking with the City ,(rtlldi /-j 9 A/ Solicitor in this connection, he will have the matter on next week's Council agenda. J�y On the question of the City collecting the costs of demolitions of buildings, Mr. Park expressed Pri vaZze //'' l the views that this is a matter that can only be dealt with by the City taking legal action to collect �7Pr5O/jS(�O�Cy if the owner has failed to pay when he has been billed. He stated that he can recall that only a few of di /a/oi dated these bills have ever been collected by the City, and it was done by "bluff" just because the City 6� / /di a9 s happened to be in the position of having another account with the same owner and the City managed to deduct the bill owing to the City. He stated that if the City is going to go ahead with the inspection of properties and finding that some of them are dangerous and dilapidated, and the owners are not taking action so that the City has to pay these demolition charges, the City has to put money in the budget for �UCC same, and it is a sizable sum of money at the kind of tender bids the City has been getting. He estimated 9 that the budget amount would be anywhere from $25,000.00 to $50,000.00 per annum, according to the number of dilapidated properties that are likely to be brought forward. Mr. Rodgers felt that Mr. Park's comments are very well taken - even if we are successful in getting the Judgement, it will automatically mean getting the money. On motion The meeting adjourned. Common .erk. u • F- • L E G A L ' ST - tec "setc�y ,Sessioh �� .D/SMISSA .Z ca/7S r-o pal C e poll ce 0/4 /ems �Cjf6ChC'� /D/; e�ithS�� f�0/yo7�G� .Ci s ter 0/ Y /y�ha�er J • L ) 3 9 At a Common Council, held at the City Hall, in the City of Saint John, on Wednesday, the ninth day of October, A. D. 1974, at 11.30 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Davis, Green, Gould, Higgins, Kipping, MacGowan, Parfitt, Pye, M. Vincent and A. Vincent - and - Menksl, N., Barfoot; - CityMatagei R.'Park, tommiss 6ntr of Finance, F. A. Rodgers, City Solicitor, E. W. Ferguson, Chief of Police, George T. Clark, Senior Legal Counsel, D. French, Personnel Officer, and John W. James, Administrative Assistant. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that this meeting be held in legal session and that Mr. James be inted Acting Clerk of the meeting. The Mayor stated that this emergency meeting was called to deal with an ultimatum of the Saint John cements Protective Association, Local No. 61, C.U.P.E. delivered through liaison Councillor M. Vincent. Association is starting a study period at 12.00 midnight and they would allow six men to go on duty on the ight shift. Councillor M. Vincent reported that a vote for starting the study session was taken by Local #61 at e Lily Lake Pavilion, and the results were 122 for the study session, no votes against and 7 abstained. The ason for the walkout is the action of the Chief of Police in dismissing two probationary constables. Councillor Davis stated that priority must be given for protection of the citizens. He was told by of Ferguson that 20 R.C.M.P. constables were on standby at Gault Road and could start patrolling immediately. Councillor A. Vincent stated that the City has three courses open: (1) telephone the Union and ask to accept a mediator; (2) bring in the R.C.M.P. constables; or (3) obtain an injunction. Mr. Rodgers sted that if Council decides to obtain an injunction that outside legal advice be obtained. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the Council support the Chief of Police in whatever steps e deems necessary to maintain law and order. On motion of Councillor A. Vincent Seconded by Councillor Davis RESOLVED that the Council instruct the Legal Department to take whatever eps are necessary to apply for and obtain an interim injunction in the matter of a dispute between the City Saint John and the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. and that authorization given to the Legal Department to engage outside legal counsel. Councillor A. Vincent suggested that Mr. Ronald Lister be retained because of his knowledge of labour . Mr. Lister was summoned to the meeting for legal advice on obtaining an interim injunction. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the Saint John Policemen's Protective Association, Local 61, C.U.P.E. be advised that the City Manager's office will be opened for meaningful discussion immediately. On motion The meeting adjourned. Joh W. James, A ing Clerk. At a Common Council, held at the City Hall, in the City of Saint John, on Tuesday, the fifteenth day October, A. D. 1974, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, R. Dhar, City Architect, A. Ellis, Building Inspector, M. Zides, Municipal Planning Director, J. C. 240 Street e %ai h9 ReseNwl S'iree2�s _Z%? he errisey ��lre�t MacKinnon, Assistant Director of Works - Operations, C. Robichaud, Assistant Director of Works - Engineering, E. W. Ferguson, Chief of • Police, P. Clark, Fire Chief, D. French, Director of Personnel and Training, D. Carter, Economic Co- Ordinator, and C. E. Nicolle, Director of Recreation and Parks A prayer, which was invoked by The Reverend H. M. Bartlett, minister of Centenar3- -Queen Square United Church, opened the meeting. The Common Clerk advised that advertising was completed regarding the proposed closing of two unnamed reserved streets which are located on the property of Miss Daphne Guernsey, at the intersection of the Rothesay Road and Drury Cove Road, and that no written objections were received. No person was present to make objection to the said proposed street closings. On motion of Councillor MacGowan Seconded by Councillor Cave 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the following highways:- (1) an unnamed reserved street 66 feet in width - commencing at a point on the east side of ' Drury Cove Road approximately 575 feet northwest of the intersection of Drury Cove Road and Rothesay Road and thence running in a northerly and easterly direction its entire width until it meets Rothesay Road; (2) an unnamed reserved street 66 feet in width - commencing at a point on the east side of Drury Cove Road approximately 235 feet northwest of the intersection of Drury Cove Road and Rothesay Road west of the intersection of Drury Cove Road and Rothesay Road and thence running in a northerly di: °ection a distance of approximately 350 feet its entire width until it meets the unnamed street desc:-ibed in the aforegoing section (1) - -be read a first time. Read a first time 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 Made Under the Authority of Section 186A of the Munici- palities Act 1966 and Amendments Thereto ". On motion of Councillor A. Vincent Seconded by Councillor Green 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the following highways:- (1) an unnamed reserved street 66 feet in width - commencing at a poi:nt on the east side of Drury Cove Road approximately 575 feet northwest of the intersection of Drury Cove Road and Rothesay Road and thence running in a northerly and easterly direction its entire width until it meets Rothesay Road; (2) an unnamed reserved street 66 feet in width - commencing at a point on the east side of Drury Cove Road approximately 235 feet northwest of the intersection of Drury Cove Road and Rothesay Road west of the intersection of Drury Cove Road and Rothesay Road and thence running in a northerly direction a distance of approximately 350 feet its entire width until it meets the unnamed street.described in the aforegoing section (1) - -be read a second time. Read a second time the by -law entitled "A By -Law to Amend a By -Law Respecting the Stopping Up Closing of Highways in The City of Saint John Made Under the Authority of Section 186A of the Munici- ties Act 1966 and Amendments Thereto ". The Common Clerk stated that advertising took place for the proposed re- zoning of approximately 00 acres of land with a frontage of 3,000 feet, more or less, on both sides of the.Martinon By -pass at he Acamac Backland Road extending from approximately 1,600 feet to 2,400 feet in depth easterly from the 7 -pass and from approximately 4,600 feet to 5,700 feet in depth westerly from the By -pass and to about 50 feet northerly and to about 2,000 feet southerly from the Acamac Backland Road from "RF" Rural istrict to a variety of residential zones including "RM -2" High Rise Multiple, "RM -1" up to three - storey ultiple, "R -10 One- Family, "RS -1" and "RS -2" One- and Two - Family and for "B -1" Local Business and "B -2" eneral Business district classifications. He stated that the advertising also was for the.proposed mending of the Municipal Development Plan to reconcile it with these proposed re- zonings. He further tated that no written objections were received; however, the letter from the Planning Advisory Committee ated October 10th, 1974 to the Common Council advises that the Committee's October 8th meeting voted nanimously that the Council be advised that the Committee finds no new evidence that Mr. Walter A. eckett's application or conditions have changed from previous applications to warrant a reversal in its revious recommendations against the development proposed by Mr. Beckett. The Council members at this ime considered the said letter from the Committee which sets forth the reasons for this decision of the ommittee. It was noted that no person was present to speak in objection to the proposed re- zoning or the of the Municipal Development Plan. On motion of Councillor MacGowan • • I Seconded by Councillor Parfitt /�'/ :5% RESOLVED that the above named letter from the Planning Advisory /7/ tll Committee be received and filed and the recommendation contained therein from the Committee, recommending C'v/.�mi'tz�e against the said development proposed by Mr. Walter A. Beckett, be adopted. Mr. Beckett was present, accompanied by his solicitor, Mr. George F. O'Connell, Q. C. Mr. O'Connell, speaking in support of the application, advised that at a meeting some time agc with the Saint ohn Housing Commission when his client's proposal�as given consideration by the Commission, he felt p`�P here was enthusiastic support for the proposed development by Mr. Beckett; he felt that had the Commission e received the copy of the application to re -zone which it asked for and which was mailed tc it in September, t/ L Q/ but which has not reached the Commission, there would have been a report to Council from that Commission regarding the development. He recalled that when Mr. Beckett first started to attempt to obtain the re- zoning for the development of this property, Mr. Zides made two main recommendations: - that the services of a town planner be employed (which Mr. Beckett has done, and the planner Dr. Allan Benjamin, studied his property with respect to the Comprehensive Community Plan and made a report, which was given to the revious Common Council, in which he says that the proposal of Mr. Beckett is a good thin@; and that the aid Comprehensive Community Plan should be changed); and that Mr. Beckett be prepared to show the Council here was a need for this housing (Mr. O'Connell stated that it is a known fact that housing is very adly needed in Saint John; the survey made about a year ago by his client had incomplete statistics and • • I I j4 1 the information obtained was, in many respects, unreliable). He further recalled that Dr. Benjamin appeared before the previous Common Council regarding the Beckett proposal. He stressed that there is a serious housing shortage in Saint John. He pointed out that the Comprehensive Community Plan was adopted with the understanding that it would be readily amendable. Mr. O'Connell stated that his client says, as follows:- he has 400 acres of land and his planner tells him that on that land he has sufficient space to build a minimum of 1,200 dwelling units and it is recommended they consist of approximately 200 three - storey walk -up apartments, approximately 200 row houses (condominium), and the remainder, single - family houses; the plan is to build 200 -225 units in the first year, and to expend in the vicinity of $6,000,000.00 per year on the development; Mr. Beckett will put in at his own expense his own water system and will do so up to City standards - that is, there will be a good supply of water sufficient for domestic purposes and for fire fighting purposes, as well; Mr. Beckett will put in sewer services at his own expense that will meet City requirements and be satisfactory to the community, and he will also provide at his own cost streets, and power services and see that there are telephone services, and all other things required for a development of this nature. Mr. O'Connell spoke in rebuttal of the various points made in the above mentioned letter to Council from the Planning Advisory Committee. He asked that the Council see fit to give first reading at this meeting to the proposed re- zoning, and to ask the Saint John Housing Commission for a report to Council on the proposed development having regard to his belief that the Commission will support his client's proposal, as mentioned earlier in this presentation. He asked if the Council could see fit, in the interests of being helpful to the Council and the community, for Mr. Beckett to bring Dr. Banjamin to Saint John to discuss with the Council the matter of planning philosophy. Noting from the Planning Advisory Committee's letter the Committee's view that under the philosophy of sound city growth and servicing, the Beckett lands (and others) are not suitably located or required for urban development purposes and certainly not at this stage of the City's development, and that the Committee points out that the Beckett lands are in almost the poorest location in the municipality - they lie miles from any settlements, miles from any physical services or facilities, miles from even basic power and telephone, and they straddle an expensive highway built to preclude building along it so that it would not become just another main street or road with development off it, but continue as a controlled access, high speed route and that these lands are therefore intended to remain rural in character -- Councillor M. Vincent commented that these points make it difficult for the Common Council to entertain the Beckett proposal with such blatant facts in opposition presented to Council. He noted that it raises the question, if the Beckett proposal is given approval, of setting a precedent for other housing developers to follow suit in wanting to develop wherever, ® within reason, they like in the City at their own cost. Znw,0 Councillor Kipping entered the meeting. Councillor Parfitt expressed similar views, further on in ensuing discussion. ,Acn ( e t G Mr. O'Connell advised that Mr. Beckett feels that his site is a fine location for housing, it being beyond the fog line, and that it provides a ready access to Lorneville should that area develop, and to recreation facilities up the St. John River. He maintained that this site is more accessible to the centre of the city, time -wise, than the new housing at Red Head which is within the fog zone; the Beckett site is about two miles v� from Martinon and about three miles from the Gault Road, which Mr. O'Connell believes are shorter distances a'rOh nel from the city centre than Kennebecasis Park or other areas such as Westfield, et cetera, which are on the perimeter of the city. On the question of the lands of Mr. Beckett straddling the controlled access highway, Mr. O'Connell advised that his client has a letter (which was made available to the Planning Advisory Committee) from the Deputy Minister of Highways advising that the site does have access and that it is the responsibility of the Province to provide such access from the Acamac Backland Road to the Martinon By -pass. He stated he does not see the logic of the argument that the development will interfere with the use of this high -speed highway. He stated that as far as the Acamac Backland Road is concerned, his understanding is that it is the only access to the Martinon By -pass over which the public has the right to pass; he noted that it apparently gives the excuse to say to people (because it is a limited access highway) that they cannot build between the Beckett property and the Gault Road. Councillor MacGowan expressed the view that the Beckett proposal is a beautiful plan and that she would like to see it developed but she cannot go along with putting it in the proposed location. She felt that the changing of the Comprehensive Community Plan is not the issue, and that the said Plan is flexible and if there was the desire to change it, it could quite easily be changed, but the question for the Council to ® consider now is that of whether it is desirable to change it, and can we afford to change it. She stated that at a housing meeting today, we were told that the number of housing units in the Maritimes has steadily been on the increase. She stated that in the United States apparently housing has come to a stand -still because of the money situation and she can see this happening here because she understands that money is very tight. Regarding the 200 houses that Mr. Beckett would build as the first phase, Councillor MacGowan stated she does not doubt but that these will be built but he will probably only build as they are required. She felt that people cannot pay $50,000.00 for a house right now with the rate of interest what it is, and she understands that a second mortgage is 18 %, and a lot of people have to have a second mortgage, so she does not think the proposal is actually feasible. With regard to the matter of the development not costing the City anything, she noted that there will be a cost for schools for the development, and even if there were only 40 houses police and fire protection would have to be provided there; in addition, these people would want bus service, which poses the question of who would pay for that. She stated that she understands that Mr. Beckett approached Central Mortgage and Housing Corporation to see about`perhaps having assisted home ownership in this development, and she asked if this is going to be practical. In reply, Mr. O'Connell stated that as far as building is concerned and the shortage of money, he is assured by Mr. Beckett that that is not, at this point, a problem. Councillor MacGowan interjected that here point is that nobody would build houses unless they were going to be sold, and there is a shortage of money for buying houses. Mr. O'Connell stated that the first point is that Mr. Beckett is going to have to put a lot of money into the land development, and he is not worried about that; the second thing is building houses, and they know that it has become difficult at this time of the year at this particular time, to get money for housing (he added that there are indications it may be much easier in the spring) - but, in any event, had they been able to go ahead a year ago there would not have been a shortage of money - houses would have been built and they would have been sold and they would have been able to arrange financing. He felt that stopping the Beckett development for lack of money for $50,000.00 houses does not really make a lot of sense because there are always periods when there is not money available and there are periods immediately afterwards when there is lots of money available; but they know now there is a tremendous demand for housing of the type which Central Mortgage and Housing Corporation will finance and Mr. Beckett was talking originally of houses in the $30,000.00, $35,000.00, $40,000.00 and up range with $25,000.00 or $30,000.00 as a minimum. He stated that they went to the said Corporation and learned that the Corporation under a certain plan will finance houses up to 95% up to a sale price of $31,000.00 or $31,500.00. He stated that they discussed this matter briefly with the Corporation Administrator and made no final arrangements and the Administrator asked ® them to put in a proposal. He stated that the Administrator indicated that in the past he has been limited as to the number of houses he could finance and he mentioned financing 25 or 50 units for Mr. Beckett; when the Administrator was told that Mr. Beckett would want financing for a lot more units than that, he indicated that if the proposal was received by the Corporation and if it was quite feasible they would be able to put houses on the market which the public can buy at between $27,000.00 and $31,000.00. He stated that Mr. Beckett anticipates building the type of housing that is being built in the Red Head area, but with better standards of construction - such as a basement, he understands. 24 2 Councillor Higgins noted that at the face value, the Beckett proposal seems excellent, but he is still concerned, as he was when the matter was previously before Council when Council vcted on the matter, with the long -range obligation of the City with reference to water and sewerage. Be stated that he can see the plan and Mr. Beckett developing the water and pollution control systems and then, as the years go on, possibly water pressure from the local lakes or wells not giving the pressure the residents want and, also, that the sewage treatment plant, et cetera, that Mr. Beckett proposes, is not large enough to take care of this 1,200 -unit housing development. He stated he believes that negotiations had started with the City Manager by Mr. Beckett on the water and sewerage aspect and where.Mr. Beckett's obligations finish or will continue in conjunction with the City, and he asked that Mr. O'Connell or Mr. Beckett re -open the discussions along those lines with the City Manager and City staff. Councillor Green stated that his concern is that the limited access highway is sLpposed to be a fairly high -speed highway and if it was intended as a limited access roadway - which it very easily could be - by building a parallel roadway with it, and he believes it was the intent that this would be built, anyway. He asked Mr. O'Connell for information in this regard. Mr. O'Connell advised that he can hardly answer for purposes of the Department of Highways; he knows that the Department did have the highway designated as a limited access highway but they did not see fit to take action necessary to close off the Acamac Backland Road, so ever since that highway was built, people have had access to it off the Acamac Backland Road. He stated that, initially, when this matter first came up and long before it came before the Common Council, because of his concern he went to see the Deputy Minister of Highways and discussed the matter and he detected no indication at all from him of any opposition tc Mr. Beckett's proposal -the Deputy Minister did not give him the impression that he was in opposition to it; they discussed the possibility of moving the location of the Acamac Backland Road in other to provide a better.degree of access to the Martinon By -pass and he was able to assure the Deputy Minister that if the Department wanted to do that the Deputy Minister would have Mr. Beckett's co- operation in moving the location of the said Acamac Backland Road; this was all they discussed. Mr. O'Connell made the point that the number of persons who would buy homes in the Beckett sub - division would relieve the highway of that much additional traffic above the Martinon By -pass, to and from the city. Mr. O'Connell noted that if the Beckett development took place, the highway would still be a limited access highway but the people living in that area would have access to the said Martinon By -pass. On motion of Councillor A. Vincent Seconded by Councillor Higgins %fie -,Z 017/I RESOLVED that the proposed amendment to the Zoning By -Law to re- // zone an area of land of approximately 400 acres lying on both sides of the Martinon By -pass at the 1�71 Acamac Backland Road, and the proposed amendment to the Municipal Development Plan to reconcile it with the said proposed re- zoning, and the letter dated October 10th, 1974 from the Planning Advisory Co- mmittee recommending against the development proposed by Mr. Walter A. Beckett for the said 400 -acre .� /70G(S //Jl/ site, be laid on the table for two weeks and referred to the Saint John Housing Commission for a recom- mendation to Council forthwith. �plyl/n %ss/ oh Question being taken, the motion to table was carried. • /,;Mw _r Seconded by Councillor Davis O/%l/Y// RESOLVED that the City of Saint John purchase the property situate 150 -152 and 154 -160 Prince William Street for the sum of $55,000.00 (from Maritime Security & Investigation ;pr Ltd., Seamen's Mission Society of the Port of Saint John, and Mortgage Services Limited) plus taxes and /J%riz`imeS'ecur! free and clear of all other encumbrances. d11/f/�2� /0/y On motion of Councillor Cave �eovm<G°�75 /�% /s5io Seconded by Councillor Green RESOLVED that occasion having arisen in the public interest for the following public civic works and needed Civic Improvements, that is to say: FOR GENERAL PURPOSES: Public Works: Road Construction and Street Paving - Union Street $88,045.00; Chesiey Street $1,212.00; University Avenue $1,785.00; Cedar Point $145,105.00; Sandy Point Road $114,106.00; Thornbrough Street $8,328.00; Grandview Avenue $76,984.00; Parkhill Drive $22,612.00; Norris Road $6,879.00; Morrison Road $1,490.00; Golden Grove Road $82,383.00; Loch Lomond Road $5,928.00; Todd Street $4,214.00; Westmorland Road $25,513.00; Mackay Street $4,909.00; Hickey Road 20,07 d I-ecreation 11,803.00; McAllister Drive $47,830.00; Lorneville Road $24,348.00; McCavour Drive $5,201.00; Baynes _ each $6,380.00; Main Street, West $14,945.00 S /.5 Ste - $700,000.00 and Parks - ck Park development $67,666.00; Ball parks, playgrounds and play areas $226,224.00; Beaches and • $68,466.00; Swimming pool $150,096.00; Rockwood Park development $156,976.00; Land for recreation es $30,572.00 0,000.00 A In reply to Mr. O'Connell's query as to whether he could bring Dr. Banjamin before the Common //a /•da� Council in two weeks' time in the above matter, Councillor A. Vincent felt Dr. Benjamin should be P/ brought before the Saint John Housing Commission. Councillor MacGowan made the suggestion that the ' 6GG / /GL/ !7C/ Council members and the members of the Saint John Housing Commission take a tour of the Beckett property- )4- The Mayor advised that by mutual agreement the item regarding appearance before this meeting concerning 150 -152 and 154 -160 Prince William Street buildings, has been withdrawn. Councillor A. Vincent asked for permission to add an item to the agenda of this meeting from the Land Committee. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that authority be granted to add to the agenda of this meeting the item from the Land Committee recommending purchase by the City of property on Prince William Street. • On motion of Councillor A. Vincent /,;Mw _r Seconded by Councillor Davis O/%l/Y// RESOLVED that the City of Saint John purchase the property situate 150 -152 and 154 -160 Prince William Street for the sum of $55,000.00 (from Maritime Security & Investigation ;pr Ltd., Seamen's Mission Society of the Port of Saint John, and Mortgage Services Limited) plus taxes and /J%riz`imeS'ecur! free and clear of all other encumbrances. d11/f/�2� /0/y On motion of Councillor Cave �eovm<G°�75 /�% /s5io Seconded by Councillor Green RESOLVED that occasion having arisen in the public interest for the following public civic works and needed Civic Improvements, that is to say: FOR GENERAL PURPOSES: Public Works: Road Construction and Street Paving - Union Street $88,045.00; Chesiey Street $1,212.00; University Avenue $1,785.00; Cedar Point $145,105.00; Sandy Point Road $114,106.00; Thornbrough Street $8,328.00; Grandview Avenue $76,984.00; Parkhill Drive $22,612.00; Norris Road $6,879.00; Morrison Road $1,490.00; Golden Grove Road $82,383.00; Loch Lomond Road $5,928.00; Todd Street $4,214.00; Westmorland Road $25,513.00; Mackay Street $4,909.00; Hickey Road 20,07 d I-ecreation 11,803.00; McAllister Drive $47,830.00; Lorneville Road $24,348.00; McCavour Drive $5,201.00; Baynes _ each $6,380.00; Main Street, West $14,945.00 S /.5 Ste - $700,000.00 and Parks - ck Park development $67,666.00; Ball parks, playgrounds and play areas $226,224.00; Beaches and • $68,466.00; Swimming pool $150,096.00; Rockwood Park development $156,976.00; Land for recreation es $30,572.00 0,000.00 A ?4;3 Land for general purposes - Broadview Avenue Numbers 53 -55 $20,000.00; Sydney Street Numbers 244, 248, 250 $12,000.00; Manners Sutton Road Number 33 $7,000.00; Milford Road $35,000.00; Bayside Drive Number 143 $26,000.00 -- $100,000.00 Total General Purposes - $1,500,000.00 FOR SELF - SUPPORTING UTILITIES: Power Commission: Substations and extensions to the distribution system - $1,000,000.00 Total Self - Supporting Utilities - $1,000,000.00 J A total for all purposes - $2,500,000.00 THEREFORE RESOLVED that Debentures issue under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29, and Amendments Thereto, to the amount of $2,500,000.00. Councillor A. Vincent asked if the City has received a reply from the Provincial Government as to whether or not that Government will buy the City's debentures. Recalling that he had reported to the Council on this matter approximately three weeks ago, Mr. Park advised that the substance of the report he gave at that time was that the plans that the Provincial Government had been studding for a number of months as far as possibly forming a municipal financing corporation which would provide capital funds for municipalities and their capital projects, had been found to not be worthwhile, as far as could be judged, and not to be of any particular benefit to municipalities; and, accordingly, the Government had come to the conclusion that it was not worthwhile, at this stage, going ahead with that plan, the Government does still have it under consideration - if conditions should change materially and adversely to municipalities, the Government might re -study and re- introduce,the:.idea when conditions appear to warrant it, but the Government does not consider they warrant it at the present time. Question being taken, the motion was carried with Councillor A. Vincent voting "nay ", and expressing view that it is the wrong time to be selling debentures, with the interest rate so high. On motion of Councillor Gould Seconded by Councillor Green RESOLVED that the following resolution be adopted, namely:- "WHEREAS by resolution passed by the required vote of the Mayor and each of the twelve Councillors present, being members of the Common Council of The City of Saint John, at a meeting of the said Common Council duly called and held on the 15th day of October, 1974 The City of Saint John authorised the issue of debentures in the aggregate principal amount of $2,500,000. NOW THEREFORE be it resolved and order as follows: • • 2. That the said debentures shall be dated December 1, 1974 and bear interest from that date at a rate not exceeding 11% per annum, such interest to be payable half - yearly on the respective first day of June and December in each year of the currency of the said debentures. 3. That the said debentures and related interest coupons shall be payable at any branch in Canada of The Sank of Nova Scotia, far northern branches except. 4. That the said debentures shall be substantially in the form hereto annexed and marked with the letter nAn 5. That the said debentures shall be numbered consecutively, shall be signed by the Mayor and countersigned by the Common Clerk and the Corporate Seal of The City of Saint John shall be affixed thereto and the coupons for interest attached thereon shall bear the lithographed facsimile signature of the Common Clerk of the said City. 1111�iufi�: (Specimen Bond) PROVINCE OF NEW BRUNSWICK THE CITY OF SAINT JOHN 11% Serial Debenture DOLLARS $1,000 The Municipal Corporation of The City of Saint John under the Authority of Chapter 27 of the Acts of the Legislative Assembly of New Brunswick for the year A. D. 1889, entitled "An Act to Unite The City of Portland with The City of Saint John, in The City and County of Saint John, and to amend the Charter of The City of Saint John and The Law Relating to Civic Government ", as amended, and the Municipal Debentures Act, and amendments thereto, and pursuant to Resolutions of the said Corporation passed on the 15th day of October, A. D.1974 for value received, promises to pay to the bearer (or if registered to the registered holder hereof) at any branch in Canada of The Bank of Nova Scotia, far northern branches excepted, at the holder's option, on the first day of December A. D. the sum of ONE THOUSAND DOLLARS 1. That the said debentures in the principal amount of $2,500,000 shall be in serial form to mature _/ according to the following schedule: -FOh �SSue 1975 $200,000 1985 $ 50,000 _I.')`"%)�� 1976 200,000 1986 50,000 1977 200,000 1987 50,000 1978 200,000 1988 50,000 1979 200,000 1989 50,000 1980 200,000 1990 50,000 1981 200,000 1991 50,000 1982 200,000 1992 50,000 1983 200,000 1993 50,000 1984 200,000 1994 50,000 • • 2. That the said debentures shall be dated December 1, 1974 and bear interest from that date at a rate not exceeding 11% per annum, such interest to be payable half - yearly on the respective first day of June and December in each year of the currency of the said debentures. 3. That the said debentures and related interest coupons shall be payable at any branch in Canada of The Sank of Nova Scotia, far northern branches except. 4. That the said debentures shall be substantially in the form hereto annexed and marked with the letter nAn 5. That the said debentures shall be numbered consecutively, shall be signed by the Mayor and countersigned by the Common Clerk and the Corporate Seal of The City of Saint John shall be affixed thereto and the coupons for interest attached thereon shall bear the lithographed facsimile signature of the Common Clerk of the said City. 1111�iufi�: (Specimen Bond) PROVINCE OF NEW BRUNSWICK THE CITY OF SAINT JOHN 11% Serial Debenture DOLLARS $1,000 The Municipal Corporation of The City of Saint John under the Authority of Chapter 27 of the Acts of the Legislative Assembly of New Brunswick for the year A. D. 1889, entitled "An Act to Unite The City of Portland with The City of Saint John, in The City and County of Saint John, and to amend the Charter of The City of Saint John and The Law Relating to Civic Government ", as amended, and the Municipal Debentures Act, and amendments thereto, and pursuant to Resolutions of the said Corporation passed on the 15th day of October, A. D.1974 for value received, promises to pay to the bearer (or if registered to the registered holder hereof) at any branch in Canada of The Bank of Nova Scotia, far northern branches excepted, at the holder's option, on the first day of December A. D. the sum of ONE THOUSAND DOLLARS '24.4 ,?awd 1SSUe T &kdes C ?// 60heS _Fal?d Issue A,-;,d _Z"ssue in lawful money of canada and further promises to pay interest thereon from the first day of December A. D. 1974 at the rate of eleven per centum (11 %) per annum pa;,able half- yearly on the respective first day of June and December in each year of the currency • of this debenture in accordance with and upon presentation and surrender of the proper interest coupons hereto annexed as they severally mature. This debenture forms part of an.issue of a total principal amount of $2,500,000 payable as to both principal and interest in lawful money of Canada, issued under the statutory authority above mentioned. This debenture is transferable by delivery except when it is registered as to principal The Municipal Corporation of The City in the register kept by the Chamberlain of The City of Saint John and such registration is inscribed on the debenture. Notwithstanding any such registration, interest coupons pay to the bearer on the date shown in shall continue to be payable to bearer and shall pass by delivery. ; DATED AT SAINT JOHN THIS FIRST DAY OF DECEMBER A. D. 1974. in Canada of The Bank of Nova Scotia, IN TESTIMONY WHEREOF the said Municipal Corporation has caused this debenture excepted, at the holder's option, the to be signed by its Mayor and countersigned 1 by its Common Clerk and its Corporate Seal being six months' interest then due on to be hereto affixed on this first day of 1975 December A. D. 1974 at The City of Saint ' John, Province of New Brunswick. $55.00 Common Clerk Mayor (Specimen Coupons) Debenture The Municipal Corporation of The City of Saint John, N. B. will Coat pay the bearer on the date shown in the margin at any branch June • in Canada of The Bank of Nova Scotia, far northern branches 1 of excepted, at the holder's option, the sum of Fifty Five Dollars being six months' interest then due on the debenture numbered 1975 Arms as in margin. $55.00 Coupon Deb =_nture Number Number Common Clerk Common Clerk " Councillor A:_Vinc(�ntivoted'_ "may" to the above motion. On motion of Councillor Green Seconded by Councillor Gould RESOLVED that the Commissioner of Finance be authorised to call for bids for the debentures from investment dealers in accordance with the form of tender call submitted by him: AND FURTHER that the Commissioner of Finance be authorised to arrange for printing of the )onds for the current debenture issue. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from the Commissioner of Finance, dated )ctober 11th, 1974, submitting information pertaining to the current issue of debentures by the City and idvising that the terms of the tender for these debentures have been drafted in the light Df today's iarket conditions and that if there should be a substantial change between now and October 30th when ,enders close it may be necessary to have some terms of the tender altered, and that if this need Levelops, suitable recommendations will be submitted to Common Council, be received and filed. On motion of Councillor Gould Seconded by Councillor Green RESOLVED that the data submitted by the Commissioner of Finance to the current debenture issue, be received and filed. On motion of Councillor Davis Seconded by Councillor Hodges RESOLVED that the by -law entitled "A By -Law to Repeal a By -Law egulating the Weight and Sale of Bread Within The City of Saint John" be read a third time and enacted and the Corporate Common Seal affixed thereto. reP ea /ems Councillor MacGowan stated that if the Council repeals the above named by -law, she would like to have the matter of weight of bread loaves placed on the agenda of The Cities of New Brunswick at its next meeting for that organization's recommendation, perhaps to look at the matter provincially. She added that she sess no reason why the Council cannot repeal the present By -Law, but she would make the request that the matter be on the agenda of The Cities meeting. Councillor Gould stated he would like L J • The Municipal Corporation of The City of Saint John, N. B. will Coat pay to the bearer on the date shown in the margain at any branch December in Canada of The Bank of Nova Scotia, far northern branches of excepted, at the holder's option, the sum of Fifty Five Dollars 1 being six months' interest then due on the debenture numbered 1975 Arms as in margin. $55.00 Coupon Debenture Number Number Common Clerk " Councillor A:_Vinc(�ntivoted'_ "may" to the above motion. On motion of Councillor Green Seconded by Councillor Gould RESOLVED that the Commissioner of Finance be authorised to call for bids for the debentures from investment dealers in accordance with the form of tender call submitted by him: AND FURTHER that the Commissioner of Finance be authorised to arrange for printing of the )onds for the current debenture issue. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from the Commissioner of Finance, dated )ctober 11th, 1974, submitting information pertaining to the current issue of debentures by the City and idvising that the terms of the tender for these debentures have been drafted in the light Df today's iarket conditions and that if there should be a substantial change between now and October 30th when ,enders close it may be necessary to have some terms of the tender altered, and that if this need Levelops, suitable recommendations will be submitted to Common Council, be received and filed. On motion of Councillor Gould Seconded by Councillor Green RESOLVED that the data submitted by the Commissioner of Finance to the current debenture issue, be received and filed. On motion of Councillor Davis Seconded by Councillor Hodges RESOLVED that the by -law entitled "A By -Law to Repeal a By -Law egulating the Weight and Sale of Bread Within The City of Saint John" be read a third time and enacted and the Corporate Common Seal affixed thereto. reP ea /ems Councillor MacGowan stated that if the Council repeals the above named by -law, she would like to have the matter of weight of bread loaves placed on the agenda of The Cities of New Brunswick at its next meeting for that organization's recommendation, perhaps to look at the matter provincially. She added that she sess no reason why the Council cannot repeal the present By -Law, but she would make the request that the matter be on the agenda of The Cities meeting. Councillor Gould stated he would like L J • r • Sjze prvv. Xaw OrM es,�/07 /Y,_b� 3read .may -4714/ Wo% SX.7177p,ock /aar� c lacy l706G,�E .9r�hiz�ect 7�u rdy • �e�se .t�n�1^maiio�i CTe %/,yid) market 7'�i min 245 to make it clear to the consumer that by repealing of the Bread By -Law in Saint John the bread company will probably lower the loaves of bread to 20 ounces which is a ten per cent increase on the wholesale cost immed- iately, and when the new cost comes up the consumer will be well aware of it because it will seem like a double jump in price. Councillor Green made the point that if no by -law is adopted at this time to regulate the weight of a loaf of bread to 20 ounces, there is nothing to stop anyone from putting out loaves of a lesser weight to be sold for the same amount. He expressed the view that the City in repealing the present by -law should enact a regulation stipulating that the weight of the loaves of bread to be sold in this city should be the 20 -ounce size, as is done in the other parts of New Brunswick, to ensure that the citizens in paying the 20 -ounce price are receiving the 20 -ounce loaf. Councillor Higgins noted that under the laws of Canada, there is the requirement that the weight of bread sold must be noted on the wrapper of each loaf which enables the consumer to know what he is buying. He noted that if the by -law is repealed and no new by -law enacted in Saint John, if you are talking about the metric system coming into use, the present Bread By -Law would have to be repealed in any event. Question being taken, the motion was carried with Councillor M. Vincent voting "nay" The by -law entitled "A By -Law to Repeal a By -Law Regulating the Weight and Sale of Bread Within The City of Saint John" was read in its entirety prior to the adoption of the above resolution. On motion of Councillor MacGowan Seconded by Councillor A. Vincent RESOLVED that the item to refer to The Cities of New Brunswick for -put from that organization the question of asking the Provincial Government to make the regulating of the ze of bread a Provincial law, be added to the agenda of this meeting. On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that the question of asking the Provincial Government of New .swick to make the regulating of the size of the loaf of bread a Provincial law, be referred to The Cities of Brunswick for consideration and in -put. In agreeing that the question of regulating the size of the bread loaf for uniformity throughout the ovince should be discussed by The Cities of New Brunswick, Councillor Kipping stated he feels that the City of int John should also enact its own by -law in this regard. Councillor A. Vincent drew attention to the fact at unwrapped bread is sold in Saint John, and therefore the consumer is not made aware of the weight of such 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 begs leave to report that it sat on October 7th, 1974 when there were present Mayor Ling and Councillors Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. , and your Committee begs to submit the following report and recommendation, namely:- That Common Council resolution of July 12th, 1971, which hired Mr. Richard D. Purdy, architect, for preparation of plans and specifications, and tender documents for the design of the proposed clubhouse at rock Park, be confirmed and Mr. Purdy now be authorized to proceed in this regard, and that the Mayor and on Clerk be authorized to execute the standard form of agreement with the said architectural firm for these AND FURTHER that the correspondence from the City Manager and the City Architect in the above matter, ising that only preliminary design was prepared for the clubhouse by Mr. Purdy for which he was paid $1,995.00 August 21st, 1972 and the City at that time decided to postpone the project, and further advising that Mr. dy has confirmed that the City will receive full credit of the fees already paid to him for the design of the d clubhouse -- be received and filed. Respectfully submitted, 5th October, 1974, (sgd.) E. A. Flewwelling, aint John, N. B. Chairman. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the above report be received and filed and the recom- tion contained therein adopted. Mr. Barfoot gave affirmative reply to Councillor A. Vincent's question as to whether he had received writing the above named confirmation from Mr. Richard D. Purdy that the City will receive full credit of the s already paid to him for the design of the Shamrock Park clubhouse. On motion of Councillor Pye Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Market Committee, vacant space on the third floor of the City Market building, consisting of 730.56 square feet, be rented to ,unity Information Refei�al Service (also called Tel -Aid) on a monthly basis at the rate of $1.75 per square , giving a rental to the City of $106.54 per month, with the said tenant to be responsible for cleaning and y maintenance, including lights and electrical repairs, and the City to be responsible as landlord for the tenance of hallway and bathroom. Councillor A. Vincent noted that over a year ago tenders were called for painting the interior of the City Market but the work was not proceeded with due to the fact that the Market Committee received a request from a group of local architects to delay the painting pending a comprehensive design study to determine how the Market could be restored to its original condition, at reasonable cost and with minimum disruption in its daily operation. He recalled that a special committee was appointed through the Market Committee in this matter, and the matter of the tenders has not been resolved. He suggested that the Council resolution accepting the successful bid in this regard should be rescinded and the bidder so notified. He stated his intention of placing this as an item for the next Council agenda. 2,48 /� /inn, f/dvis. Po7yV e/7t07' money ih �eu o��u6�c %and #6 (e oS %eves 1 791 lfrlr fib C, Fair .�o�nihi on /f%x Z%ri es T /*.ro /%6i /e home 9//, er/- / s.T, i� Zts amp oil _D;C, O,petw 'at, On motion of Councillor M. Vincent Seconded by Councillor Kipping RESOLVED that as recommended by the Planning Advisory Committee, the following sums o money be accepted in lieu of land being provided for public purposes with respect to the following sub - divisions, the sum in each case being 8% of the value of the new or addi-,ional lots as estimated by the City's Real Estate Department: - (1) from Monte Cristo Park, L -97 the sum of $200.00 (a 1.67 acres parcel of land on the westerly side of the Gault Road and opposite Gorvic Place is being divided into three lots; this parcel is flanked on two sides by proposed future streets and was previously approved in 1959); (2) from Wade Steeves, L -114, the sum of $496.00 (the said Steeves property is situated on the easterly side of the Lorneville Road and about 2,700 feet south of the Point Road; it is being divided into two lots, each being 85 feet wide and over 300 feet deep); (3) from J. W. Kirkpatrick, 5 -37, the sum of $192.00 (the said Kirkpatrick property is situated on the southerly side of the Golden Grove Road and opposite its intersection with the Bradley Lake Road; Mr. Kirkpatrick wishes to create a one -acre lot with a frontage of 175 feet for conveyance to his daughter); (4) from A. C. Fairweather, S -5, the sum of $264.00 (a 200 -foot by 200 -foot lot is being created on the westerly side of Ashburn Road and 430 feet from Drury Cove Road); (5) from Dominion Metal, 5 -26, the sum of $784.00 (Lot 7 of the Grandview Industrial Park is being divided into two lots; the existing Dominion Metal Ltd. building is situated on the larger lot at the rear; the other lot will contain the proposed Schofield Paper Company building). On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that as recommended by the Planning Advisory Committee, approval be given to Mr. James S. Maxwell to place a mobile home, for a period of one year, on a lot located on a private right -of -way off the eastern side of Sandy Point Road, approximately 450 feet north of the intersection of Sandy Point Road and Hawthorne Avenue, Mr. Maxwell having changed hLs application to ask for temporary permission while he constructs a house on the lot. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee with regard to the application made by Mr. Gilbert Kenny for the re- zoning of his property at the southwestern corner of King William Road (former Lorneville Road) and Ocean Westway, shown on the submitted plan, to a "B -2" General Business district to permit the construction of a 12 -unit motel, advising that this pro- perty is situated in an "RS -2" Suburban Residential district in which a motel is not a permitted use and that in Mr. Kenny's proposed "B -2" district a motel is still prohibited unless approved by the Committee, and further advising that the Committee recommends against re- zoning this particular property to permit Mr. Kenny to construct a motel as it would not be in keeping with the surrounding properties which have already been developed with one - family homes, be received and filed and the recommendation adopted. Councillor MacGowan expressed her concern in the above matter, stating that she does not agree with the recommendation and the Committee's reason therefor, and she pointed out that on Manawagonish Road there are many motels interspersed with one - family homes. She asked if that is the only reason the Committee is recommending against the re- zoning. Mr. Zides explained that Manawagonish Road has to be looked at not as an entity but as length of road with different kinds of development; the :people in the Spruce Lake area came into the planning area on their own volition before there was amalgamationon the premise that that area would be held for residential purposes. Councillor MacGowan stated that she would like to know the real reasoning in the Committee's recommendation in this matter. In reply, Mr. Zides stated that the discussion by the Committee really was that this is a residential area in which people from time to time object to anything else coming in and that they felt they did not want a motel at that location, which is the corner of the old Lorneville Road and Manawagonish Road. In reply to Councillor MacGowan's question as to whether or not the Committee sent out letters to the people in the area to receive their comments on the proposed motel, Mr. Zides stated that a letter was sent to t:7e secretary of the Ratepayers Association of the area in view of some telephone calls that were received, and a telephone call was received in reply, from the said secretary, to the Committee's letter. Councillo:r MacGowan explained that her reason for questioning.the matter is because Mr. Kenny seems to feel he has been given the "run- around ". She asked if he has spent money on the property with.the feeling that he had been told that if he filled it in there would be no problem; or, was there a misunderstanding. Mr. 'ides replied that he does not know who would tell Mr. Kenny that, or under what authority anybody would tell him.that. He recalled that Mr. Kenny on his re- zoning application stated that the Planning people we:re not very decisive. Mr. Zides felt that the Planning people could not be any more decisive than to ;ay "no" to him, which is what happened. With regard to Councillor MacGowan's question as to whether Mr. Kenny did some fill on the land with the thought that there would be no problem, Mr. Zides stated that he cannot answer that question; Mr. Kenny did some grading on the property which was needed, but he does not know what Mr. Kenny's basis was for doing so. Question being taken, the motion was carried with Councillor MacGowan voting "nail' On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that the letter from Saint John Arts Council Inc., ted October 10th, 1974, with reference to the fact that the Common Council by resolution of October 7th st referred the Arts Council's request for a grant of $1,000.00 from the City to assist with the high sts of production involved in staging the opera "Carmen" on November 19th, 20th, 22nd and 23rd of this ar, to the Budget Committee, and because of the time factor involved, requesting that the Common uncil give early consideration and an early decision to the request, prior to October 18th, be received d filed and the City of Saint John underwrite the said production up to a figure of $1,000.00. /� /� It was noted that in adopting the above motion, the Council members did so, sitting as a Grants (�- /taI7�S (.D/�l/�7/ Committee. On motion of Councillor M. Vincent 7&riders Seconded by Councillor Gould RESOLVED that as recommended by the City Manager and the Purchasing (T� gent, the lowest bids received for the supplying of gasoline and oils effective immediately until ecember 31st, 1975, be accepted as recommended on the submitted bid summary, it being noted that the • • • • F, ?47 Question being taken, the motion was carried with Councillors A. Vincent and Green voting "nay" ' Consideration was given to a report signed by Councillors Pye, Parfitt and Gould, who were appointed a Taxi Committee, in which the Committee states that apart from fees and zone changes, it believes that the present Taxi By -Law is satisfactory except for a few minor changes, and that as a result of this finding, the Committee recommends the following minor amendments to the text of the said by -law:- (1) a taxi owner shall not TX� be allowed to permit any other person to drive his taxicab unless the person possess a valid license under the n Motor Vehicle Act and also posses a valid taxi operators license under the by -law; (2) no driver of a taxicab C O%)JJwl shall carry any passengers other than paying passengers while such vehicle is being used as a taxicab or while re�rt re on duty subject to call. The report states that the Committee recommends that the proposal as submitted with the report from the Taxicab Owners and Drivers Association with respect to fare increases and zone changes be adopted by Council - and on this point, the Committee wishes to state that the recommendation on faire increases ✓ and zone changes is not a unanimous recommendation from the Committee, and that as Chairman of the Committee, Councillor Pye is recommending to Common Council that fare increases be a standard twenty per cent increase with no zone changes. The report states that following adoption by Council, the Committee further recommends TX� �GV�7E7 that the by -law be amended accordingly and the recommendations adopted by Council be referred to the City Solicitor for the purpose of preparation of the appropriate amendment to the Taxi By -Law at the next meeting of IV_0rQ11J1et?Y Council. Councillor Higgins asked if the minor amendments to the text of the Taxi By -Law have been discussed with the Taxicab Owners and Drivers Association. Councillor Pye made negative reply, adding that there were discussed with the members of the Taxi Committee, with whom he is in accord. Councillor Pye stated that he would like at this time to read his report, which involves the recom- mendation and the opposition to certain requests, and the reasons for same. The said report is as follows: - "As Chairman of the Common Council's Taxi Committee, I hereby submit my report on same. Because of the lack of attention as regards taxi applicants by the Police Department, who,.because of shortage of staff, are inadequately equipped to handle same, and due to the deluge of complaints concerning taxi service, dirty cabs and improper behaviour of certain members of the industry, we recommend that a full -time taxi inspector be appointed, forthwith. In view of its purported illegal character, we must, of necessity, reject the request by the Taxi Association for a three - member taxi tribunal. Because of its professed illegal nature, we are compelled to deny the Taxi Association's request for permission to park in restricted areas for the purpose of loading and unloading passengers or merchandise. In relation to the Taxi Association's request for the freezing of the number of taxi stands, we strongly advise against the adoption of this suggestion on the grounds of the possible development of a taxi monopoly which could result in the loss of continuous service, and abnormally higher rates with taxis providing little or no service at peak traffic periods. In addition to this, each owner who pays a weekly rental of $35.00 would find himself at the mercy of the stands management who could then increase his rent at will, leaving the rentee with a choice of paying or going out of business. Due to the added ag- gravation it would provide to our City's already traffic- ridden arteries, we, acting upon the advice of Police ® traffic authorities, do not support the cabbies' request for the establishment of six stand -by stands located at various points throughout the city. Because certain taxi drivers, while in charge of a taxicab, permit certain male and female passengers to ride free of charge thereby denying the general public of much - needed taxi transportation, we recommend the following amendment:- 'That no driver of a taxicab shall carry any passengers other than paying passengers while such vehicle is being used as a taxicab or while on duty subject to call'. 0 In consequence of frequent complaints from Police personnel, to the effect that many taxicab owners are knowingly permitting persons to operate their taxicab without a taxi drivers license issued under the provisions of the Taxi By -Law, we advise the acceptance of the following amendment:- 'It shall be unlawful for anyone who has been issued a taxi owners license under the provisions of this By -Law to permit any other person to drive his taxicab unless the said person possesses a valid license under the Motor Vehicle Act to operate a motor vehicle as a taxicab and also possesses a valid taxi operators license under the provisions of this By- As regards to the Taxi Association's requested abolition of the tuberculosis test, and a change in taxi licensing procedure, our Committee has agreed to take no action. Because of recent reports of persons unlawfully operating vehicles as taxicabs, we propose the following amendment:- 'Every vehicle while being operated as a taxicab under the provisions of this By -Law shall carry upon its roof -top a sign bearing the name of the company it represents; the said sign shall be lighted at all times during the hours of darkness while the said vehicle is being operated as a taxicab; when it is otherwise engaged the roof sign shall be removed'. Although in accord in all other respects our three - member Taxi Committee remains in disagreement in elation to fares and zones. With my colleagues supporting the Taxi Association's request for excessively igher fares in ninety per cent of Saint John East and the outlying districts of West Saint John, while I ersonally recommend a flat twenty per cent increase throughout all areas with no change in the number of ones. To financially assist the cabbies, not to mention the general motor vehicle - driving public who constantly omplain and justifiably so, of abnormal gas and oil consumption and loss of valuable time while travelling rom East to Central Saint John and vice versa, I personally heartily recommend the re- establishment of the ontroversial East End rotary on a permanent basis with the hours of operation extending from 7.00 a.m. to 6.00 .m. from Monday to Saturday, inclusive." Councillor Cave proposed a motion at this time, that the above report be tabled for two weeks and the it be provided with a breakdown, showing the percentage of increases, and all the details involved. prices are based on the current tank wagon prices, less a set discount and are subject to changes in the tank wagon price while the discounts will remain constant for the life of the contract. • Noting that Irving Oil Limited is unionized and is undergoing a major expansion and is a large employer in this city, Councillor A. Vincent asked if the Tender Committee should not consider some tolerance to a local manufacturer or supplier with regard to the above named tenders. Stating he is not sure what percentage should be given, Councillor A. Vincent advised that he is making this plea to his fellow Councillors. TefirLes�s He stated he wonders if he should consider this point, and do we consider it, in awarding the bids, which in this particular recommendation awards the bids to other companies. Councillor Gould pointed out that this local plant, for the first time in some years, did not submit the lowest bid, yet this plant is only two or //acoel9ea 61v,5 A h e,; three miles from our present location and does not submit a lower bid than some other supplier who has to bring the product in to to city by truck and other means of transportation. Councillor Kipping pointed out that the O /�5 bids were received in accordance with the standard tendering procedure and that if the Council starts to tamper with that procedure it is,in deep trouble. He added that the tendering procedure has to be adhered to one hundred per cent or else it is not good at all, and he cannot see that the Council can alter this tender report in any way at all. He commented that if the local supplier did not see himself able to bid at a lower bid than what might be termed "outside suppliers ", that is his own business. Question being taken, the motion was carried with Councillors A. Vincent and Green voting "nay" ' Consideration was given to a report signed by Councillors Pye, Parfitt and Gould, who were appointed a Taxi Committee, in which the Committee states that apart from fees and zone changes, it believes that the present Taxi By -Law is satisfactory except for a few minor changes, and that as a result of this finding, the Committee recommends the following minor amendments to the text of the said by -law:- (1) a taxi owner shall not TX� be allowed to permit any other person to drive his taxicab unless the person possess a valid license under the n Motor Vehicle Act and also posses a valid taxi operators license under the by -law; (2) no driver of a taxicab C O%)JJwl shall carry any passengers other than paying passengers while such vehicle is being used as a taxicab or while re�rt re on duty subject to call. The report states that the Committee recommends that the proposal as submitted with the report from the Taxicab Owners and Drivers Association with respect to fare increases and zone changes be adopted by Council - and on this point, the Committee wishes to state that the recommendation on faire increases ✓ and zone changes is not a unanimous recommendation from the Committee, and that as Chairman of the Committee, Councillor Pye is recommending to Common Council that fare increases be a standard twenty per cent increase with no zone changes. The report states that following adoption by Council, the Committee further recommends TX� �GV�7E7 that the by -law be amended accordingly and the recommendations adopted by Council be referred to the City Solicitor for the purpose of preparation of the appropriate amendment to the Taxi By -Law at the next meeting of IV_0rQ11J1et?Y Council. Councillor Higgins asked if the minor amendments to the text of the Taxi By -Law have been discussed with the Taxicab Owners and Drivers Association. Councillor Pye made negative reply, adding that there were discussed with the members of the Taxi Committee, with whom he is in accord. Councillor Pye stated that he would like at this time to read his report, which involves the recom- mendation and the opposition to certain requests, and the reasons for same. The said report is as follows: - "As Chairman of the Common Council's Taxi Committee, I hereby submit my report on same. Because of the lack of attention as regards taxi applicants by the Police Department, who,.because of shortage of staff, are inadequately equipped to handle same, and due to the deluge of complaints concerning taxi service, dirty cabs and improper behaviour of certain members of the industry, we recommend that a full -time taxi inspector be appointed, forthwith. In view of its purported illegal character, we must, of necessity, reject the request by the Taxi Association for a three - member taxi tribunal. Because of its professed illegal nature, we are compelled to deny the Taxi Association's request for permission to park in restricted areas for the purpose of loading and unloading passengers or merchandise. In relation to the Taxi Association's request for the freezing of the number of taxi stands, we strongly advise against the adoption of this suggestion on the grounds of the possible development of a taxi monopoly which could result in the loss of continuous service, and abnormally higher rates with taxis providing little or no service at peak traffic periods. In addition to this, each owner who pays a weekly rental of $35.00 would find himself at the mercy of the stands management who could then increase his rent at will, leaving the rentee with a choice of paying or going out of business. Due to the added ag- gravation it would provide to our City's already traffic- ridden arteries, we, acting upon the advice of Police ® traffic authorities, do not support the cabbies' request for the establishment of six stand -by stands located at various points throughout the city. Because certain taxi drivers, while in charge of a taxicab, permit certain male and female passengers to ride free of charge thereby denying the general public of much - needed taxi transportation, we recommend the following amendment:- 'That no driver of a taxicab shall carry any passengers other than paying passengers while such vehicle is being used as a taxicab or while on duty subject to call'. 0 In consequence of frequent complaints from Police personnel, to the effect that many taxicab owners are knowingly permitting persons to operate their taxicab without a taxi drivers license issued under the provisions of the Taxi By -Law, we advise the acceptance of the following amendment:- 'It shall be unlawful for anyone who has been issued a taxi owners license under the provisions of this By -Law to permit any other person to drive his taxicab unless the said person possesses a valid license under the Motor Vehicle Act to operate a motor vehicle as a taxicab and also possesses a valid taxi operators license under the provisions of this By- As regards to the Taxi Association's requested abolition of the tuberculosis test, and a change in taxi licensing procedure, our Committee has agreed to take no action. Because of recent reports of persons unlawfully operating vehicles as taxicabs, we propose the following amendment:- 'Every vehicle while being operated as a taxicab under the provisions of this By -Law shall carry upon its roof -top a sign bearing the name of the company it represents; the said sign shall be lighted at all times during the hours of darkness while the said vehicle is being operated as a taxicab; when it is otherwise engaged the roof sign shall be removed'. Although in accord in all other respects our three - member Taxi Committee remains in disagreement in elation to fares and zones. With my colleagues supporting the Taxi Association's request for excessively igher fares in ninety per cent of Saint John East and the outlying districts of West Saint John, while I ersonally recommend a flat twenty per cent increase throughout all areas with no change in the number of ones. To financially assist the cabbies, not to mention the general motor vehicle - driving public who constantly omplain and justifiably so, of abnormal gas and oil consumption and loss of valuable time while travelling rom East to Central Saint John and vice versa, I personally heartily recommend the re- establishment of the ontroversial East End rotary on a permanent basis with the hours of operation extending from 7.00 a.m. to 6.00 .m. from Monday to Saturday, inclusive." Councillor Cave proposed a motion at this time, that the above report be tabled for two weeks and the it be provided with a breakdown, showing the percentage of increases, and all the details involved. 24S Taxi C'o`nmi eYG re�oht r e, Councillor M. Vincent felt that if the Council is going to do something with the report, that the Council should refer it back for a report that is presented in the manner that it is either rejected • or accepted, but that tabling in itself is not any good. He suggested that we get togethe:- with the Taxi Association people and the Taxi Committee and resolve the details that apparently have not been done. At this time, Councillor MacGowan indicated that she would second Councillor Cave's tabling motion. On motion of Councillor Cave - Seconded by Councillor MacGowan RESOLVED that the above report be laid on the table for two weeks and the Council in the meantime be provided with more information showing a breakdown of the percentage of increases in taxi fares, and all the details involved. Question being taken, the motion to table was lost with Councillors Cave, MacGowan, and Green voting yea and all other Council members present voting "nay'. On motion of Councillor Davis Seconded by Councillor Higgins RESOLVED that the following recommendations contained in the October 11th, 197+ report signed by the three members of the Taxi Committee be adopted, nariely:- (1) that the text of the Taxi By -Law be amended to provide that a taxi owner shall not be allowed to permit any other person to drive his taxicab unless the person possess a valid license under the Motor Vehicle Act and also possess a valid taxi operators license under the By -Law; (2) that the text of the Taxi By -Law be amended to provide that no.driver of a taxicab shall carry any passengers other than paying passengers while such vehicle is being used as a taxicab or while on duty subject to call; (3) that the proposal as submitted with the report, from the Taxicab Owners and Drivers Association with respect to fare increases and zone changes be adopted. Councillor Kipping asked, in adopting the above noted recommendations, what is the status of the other recommendations read by Councillor Pye in his verbal report, some of which he feels are rather important, like the one about eliminating the tuberculosis examination and the three - member tribunal. He asked if it is clear that these were not accepted by the Taxi Committee. He felt it still leaves these other recommendations in limbo because he believes these are questions which the Council should be discussing around the Council table. He added that he, for one, does not want to see the tuberculosis examination eliminated, because he feels it should be required. Councillor Higgins pointea out that the only changes in the Taxi By -Law that was enacted only a year or two ago, are the above noted two changes plus the changes in the zones and in the fares, so the original Taxi By -Law remains in effect with the exception of the above changes referred to in the motion. Question being taken, the motion was carried with Councillor Cave voting "nay" On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that the by -law entitled "A By -Law to Amend a By -Law // Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John" be �y_,4ad W read a first time. Read a first time the by -law entitled "A By -Law to Amend a By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John ". ter' s � aemen 'rO-g-'ece 1-�7.5:50C, /Vo•6/ �i^ieliahCe �GU1, Ole C..1/ /Sh1 /SSo7� d7� a�ra6atiariary �onsa`a6 /es) A large group of members of the Saint John Policemen's Protective Association, Local No. 61, U.P.E. was present at the meeting with regard to a letter from the Association to Council that is sted on the Committee of the Whole section of the agenda for this meeting, in which the Association fers to a grievance on behalf of two employees. The Mayor advised that the Council will meet in mmittee of the Whole in the Council Chamber immediately following adjournment of the regular Council ssion and will come up with a decision immediately regarding the request contained in the letter, fore continuing the Committee of the Whole session on the City Hall eighth floor, and that the Council 11 convey its decision to the Union when it is finished. On .motion The meeting adjourned. • C� ommo ler:z. ' • F, • 249 At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty -first day of October, A. D. 1974, at 4.45 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - ' Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, M. Zides, Mun::.cipal Planning Director, P. Clark, Fire Chief, C. MacKinnon, Assistant Director of Works - Operations, C. Robichaud, Assistant Director of Works- Engineering, D. French, Director of Personnel and Training, and D. Carter, Economic Co- Ordinator The meeting opened with silent prayer. On motion of Councillor Cave Seconded by Councillor Higgins /I%i ninles ", RESOLVED that minutes of the meeting of Common Council, held on October CO/jaPC G e(� 7th last, be confirmed. Councillor MacGowan advised that her references at the October 7th meeting to the road between Saint .Ol9/41_7y John and Fredericton which needs to be up -dated or a new road built between the two cities, are with regard to �p the "Broad Road' and not to the "River Road" as set forth in the minutes. She asked that the minutes be so corrected. Councillor MacGowan noted that at the meeting of Common Council held on October 7th at which Summer - stock '74 letter returning the City's loan of $500.00 and advising that the drama presented this summer was a • financial success, this item was dealt with very quickly and that the Council usually commends these young 4�M,W st people for the excellent job they are doing in our community as far as the arts are concerned. She drew attention to the fact that the members of this group are high school and university students and that apparently /COo717 they hope.to,expand. She expressed the hope that if the City's letter of reply has not been sent as yet that the City will tell these young people how happy we are with the project they have undertaken, which she under - 1,e- &6n,7eW stands is a great tourist attraction, also -and express our strong vote of thanks in the letter of reply. Question being taken, the motion was adopted for confirmation of the said minutes, as amended. On motion of Councillor Cave //yh way /Vo, 7 Amendmo fjyreemea ?>ro v, Govt �n, Secuer��ers Treatr.�er� Faci /i vies .Fyuipin erg; C30/95�/'ecCZL On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that the above named letter from the Department of Highways be received and filed. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager recommending approval of Amendment Number 24 to the Agreement between the Province of New Brunswick and the City of Saint John, dated August 30th, 1971, which amendment makes adjustments to the Agreement which will enable the Federal Department of Regional Economic Expansion to cost -share in the design of the Western Collector Sewer and Sewage Treatment Facilities by fifty per cent contribution of the total cost, that is, $243,346.00, and which amendment shifts the project from Part II to Part III of the Agreement, and which also makes provision for the additional cost of some remaining projects due to inflation (Section 7, Paragraphs b and c) -- be received and filed and the Mayor and Common Clerk be authorized to execute the said Amendment Number 24 on behalf of the City of Saint On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the City Manager, be given for payment of the following invoices for equipment rental: - to the Works Dept. September 16 -30, 1974 (dated September 30, 1974 $ 3,866.00 Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on ' October 15th last, be confirmed. The Mayor asked that Councillor MacGowan refer to the Common Council minutes of October 7th with regard to the highway between Saint John and Fredericton, known commonly as the "Broad Road ", about which she has received correspondence from the Provincial Government. Councillor MacGowan at this time read a letter she had received from Mr. R. P. Lynch, Chief Planning Engineering, Department of Highway, written on October 16th, Z3 1974 with reference to Route Number 7, in which Mr. Lynch recalled that at the meeting held in Saint John (October 11th last) he told the Council a little about the Department's plans for this Route from Fredericton ,�rederic�a to Saint John and that he would forward the Department's present and future proposals to up -grade the road to a -NO- , high standard. The letter advises that at the present time the said Department has under contract for construction y; ghml=pLf (1) a new two -lane roadway from Fredericton to Oromocto - this is a controlled access highway - right -of -way has. ✓ been purchased for a future four -lane facility - this section will be constructed and opened as funds permit; (2) a new two -lane facility to by -pass Geary - right -of -way has been purchased for four lanes - construction is expected to go ahead at a steady rate; (3) the Department has tendered a contract for climbing lanes on Route Number 7 below Peterville Hill - these will be finished in 1975 - it is the Department's intention to continue ® to up -grade the route with this type of work; (4) the Department has asked the Planning Division to start planning for a new roadway from Welsford to Saint John - it is hoped that the Department will do most of the work in its offices rather than in the field - timing of construction of this project is not finalized. The letter thanks the Council for the courtesy extended at the October 11th meeting, and expresses the hope that this information answers a few of the Council's questions regarding the Department's planning for the said Route Number 7. //yh way /Vo, 7 Amendmo fjyreemea ?>ro v, Govt �n, Secuer��ers Treatr.�er� Faci /i vies .Fyuipin erg; C30/95�/'ecCZL On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that the above named letter from the Department of Highways be received and filed. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager recommending approval of Amendment Number 24 to the Agreement between the Province of New Brunswick and the City of Saint John, dated August 30th, 1971, which amendment makes adjustments to the Agreement which will enable the Federal Department of Regional Economic Expansion to cost -share in the design of the Western Collector Sewer and Sewage Treatment Facilities by fifty per cent contribution of the total cost, that is, $243,346.00, and which amendment shifts the project from Part II to Part III of the Agreement, and which also makes provision for the additional cost of some remaining projects due to inflation (Section 7, Paragraphs b and c) -- be received and filed and the Mayor and Common Clerk be authorized to execute the said Amendment Number 24 on behalf of the City of Saint On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the City Manager, be given for payment of the following invoices for equipment rental: - to the Works Dept. September 16 -30, 1974 (dated September 30, 1974 $ 3,866.00 250 In reply to Councillor Davis' question as to whether or not the tenders for the above named ject were deposited in the tender box in the Common Clerk's office at City Hall, Mr. Barfoot confirmed t they were, and that they were kept locked in that tender box, in accordance with the City's tendering cedure, until the appointed hour for opening of the tenders. Question being taken, the motion was carried with Councillor A. Vincent voting "nay" On motion of Councillor MacGowan Chitticks (1962) Ltd. - to the Works Dept. September 16 -30, 1974 re n is / (dated September 30, 1974) $ 3,492.50 Seconded by Councillor M. Vincent C'Li /�ic/rs x/962 D. Hatfield Limited - to the Works Dept. September 16 -30, 1974 RESOLVED that in accordance with 17 T/ (dated September 30, 1974) $14,652.55 ,Z?43, Re City Manager, On motion of Councillor M. Vincent invoices for engineering Seconded by Councillor Cave services in connection with projects that have been undertaken under the Department RESOLVED that the letter from the City Manager, advising that Spruce _ /c°/7G�er aeeC Lake Industrial Park External Services Phase II - Carpenter Place Lift Station and ForcemaCn is a project programme, be approved for payment: - _ under the Department of Regional Economic Expansion programme and, when completed, will enable sewage to �j Ppk�e�� /fie 1r, be transported from the said Industrial Park to the Lancaster sewage treatment plant; that this pumping ' f�7/ station is located at the foot of the Rifle Range Road and its function is to pump sewage :•°rom a gravity 6 - section of sewer along the throughway up to a gravity sewer at the foot of the Rifle Range Road, which Courtenay Bay Causeway Approaches f/1u�S /�/df'/�°h 7t" empties into the above mentioned treatment plant; that tenders were opened on October 9th :Last for the %r %� 9e .S / construction of the said lift station and forcemain -- and recommending that the tender be awarded to A. J. Callaghan & Associates �6hPe/rIa /n Fredericton Housing and Construction Co. Ltd. in the amount of $658,850.00, based on estimated quantities, TC. o: a nn 9 as outlined in the submitted summary of bids, be received and filed and the recommendation adopted. Engineering Services for Eastern Approaches h • /�'r/�erlez�o Councillor A. Vincent asked if the tenders for the above noted project went through the Bid Payments previously approved /70lGS //7JG')'- Depository. In explaining that it did not, Mr. Barfoot stated it was because the decision was taken that , � / Co h S1�h/cC LD,A it would not go through the Bid Depository. Recalling that much time was devoted by a Council committee Sum recommended for payment, Progress Estimate Number 30, and by staff members in working out a proper tendering procedure to follow including tender deposit boxes which the Council authorized be obtained, Councillor A. Vincent expressed the view that he does not think September 30, 1974 $ it fair that -staff should take this arbitrary, unorthodox method of tendering. He stated he feels that de�siiO tenders should go through the bid depository and all sub- contractors should be listed. McAllister Industrial Park External Services Councillor Cave noted that the above named project was estimated by the City's consultant to cost $552,130.00, which is over $100,000.00 lower than the lowest bid received. He felt that there is Supply and Install 16 -inch Watermain something wrong somewhere and that a check should be made regarding the consultants. rn Councillor M. Vincent asked for an explanation in reply to Councillor A. Vincent's query, on • the reason the bid depository procedure was not followed. Councillor Kipping noted that the Saint John Construction Association runs a bid depository and that the City's own tendering procedure at City Hall Total value of contract $ is not called a bid depository. Mr. Barfoot explained that the tender in question was called in conformity /Zre71W_T �Nyu? ov (?� with the City of Saint John tendering procedures; the use of the bid depository referred to by Councillor Total work done, Estimate Number 5 Retention A. Vincent is, he believes, the procedure for the sub - trades utilizing the bid depository of the Saint 5'J C'ohsrue. John Construction Association; this procedure has not been used by the City except, generally speaking, AS on building tenders; the tender in question is, generally speaking, not a building tender &s it is an ' S OC. award on water and sewer tenders and the City has not used the Saint John Construction Association bid Payments previously approved depository on such tenders. In reply to Councillor Davis' question as to whether or not the tenders for the above named ject were deposited in the tender box in the Common Clerk's office at City Hall, Mr. Barfoot confirmed t they were, and that they were kept locked in that tender box, in accordance with the City's tendering cedure, until the appointed hour for opening of the tenders. Question being taken, the motion was carried with Councillor A. Vincent voting "nay" On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the ,Z?43, Re City Manager, the following construction progress certificates and approved invoices for engineering �XJJo7h 5! 0J7 services in connection with projects that have been undertaken under the Department of Regional Economic Expansion programme, be approved for payment: - dPP Courtenay Bay Causeway Approaches /e�al iian A. J. Callaghan & Associates TC. o: a nn 9 Engineering Services for Eastern Approaches • Payments previously approved $ 80,553.98 Sum recommended for payment, Progress Estimate Number 30, September 30, 1974 $ 6,831.50 /yJcFi / / /s�erlhd 2. McAllister Industrial Park External Services (a) Supply and Install 16 -inch Watermain rn Gerald J. Ryan Company Limited Total value of contract $ 112,560.00 /Zre71W_T �Nyu? ov (?� Total work done, Estimate Number 5 Retention 100,866.93 Nil ' Payments previously approved 97,840.92 Sum recommended for payment, Certificate Number 5, October 7, 1974 $ 3,026.0.1 (b) Supply and Install 30 -inch Sanitary Sewer Gerald J. Ryan Company Limited Total value of contract $ 145,560.00 Total work done, Estimate Number 5 151,920.65 Retention 4,557.62 , Payments previously approved 129,132.5,-D Sum recommended for payment, Certificate Number 5, September 30, 1974 $ 18,230.47 3. Western Industrial Area Trunk Sewer A(a) Phase I - Sanitary Sewer %rLta/r aS'eu/er W. H. Crandall & Associates, Engineering Services Payments previously approved $ 78,306.63 �Y1. �rNhG�df� Sum recommended for payment, Invoice Number 3469, F%SSOC. October 7, 1974 $ 2,245.3+ • (b) Phase II - Carpenter Place Lift Station W. H. Crandall & Associates, Engineering Services f�' r/zgrier % /aC Payments previously approved $ 61,300.90 Sum recommended for payment, Invoice Number 3468, October 4, 1974 $ 17,005.78 r ?51. Seconded by Councillor Hodges riS_�e RESOLVED that as recommended by the City Manager, authority be granted /� for payment of the invoice from Stephen Construction Company, Limited, dated October 16th, 1974, in the amount 'SlI914ao'? of $33,820.46, for the supply of asphaltic mixes to the Works Department during the period October lst to 15th, C'O, AW 1974. On motion of Councillor Cave r A0 h II Seconded by Councillor Green SErI/ /I p RESOLVED that in accordance with the recommendation of the City Manager, approval be given for payment of the invoice from Crane Supply Ltd., dated September 30th, 1974, in the amount of $2,978.21, for the purchase of parts to be used for service pipe installations. On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that the Financial Statements for the month of September last, be n_ /e�poNt received and filed. Sn Councillor Hodges asked for an explanation of the item of BG°e% tS g p $900.00 that was paid to St. John's (Stone) �0/ Church for rental of a parking lot, that is listed in the above Financial Statements. Mr. Barfoot advised that ✓• �hlC /h� this is parking lot that is rented by the Saint John Parking Commission from the said Church, and the said �Olnm. Commission administers this parking lot and rents the spaces to persons who have rented such spaces. I �a On motion of Councillor Cave StTohn s Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, approval be given for �Qa /;omen payment of the following invoices for equipment rental: - henta / Chitticks (1962) Ltd. - to the Works Dept., Water & Sewerage CLiriJ BKS September 16 -30, 1974 (dated September 30, 1974) $ 2,7O4.0o a e/d D. Hatfield Ltd. - to the Water Dept. September 16 -30, 1974 (dated October 2, 1974) $ 4,131.37 On motion of Councillor Cave Seconded by Councillor Gould n RESOLVED that the letter from the City Manager advising that on August 26th, 1974 the Common Council gave approval for negotiation with Safety Supply Co. of Halifax, N. S. for the purchase of a 75 -foot aerialscope for the Fire Department; that a number of meetings were held with representatives fi re ­211� Zld of the said company and also with a representative of Pierre Thibault 1972 Ltd., who are the Canadian agents for erialscope; that as a result of the negotiations the price, F.O.B. Saint John, N. B. is $186,000.00 plus Pro- vincial Sales Tax and terms of payment are 10% with the contract and the balance on delivery and acceptance of �e.b✓ILr�L" ��ee the unit by the City; that at the time of invoicing the price will be adjusted based on wholesale price indexes olfilpp C.O. ublished by Statistics Canada for "Raw and partly manufactured goods ", and any adjustment will be applicable to [75-foot 0% of the total contract price; that delivery will be in approximately 26 months; that the City staff are atisfied that the prices and terms shown are fair in the light of current conditions; and recommending that the Aerialscope be purchased from Safety Supply Co. of Halifax, according to the above noted prices and erms -- be received and filed and the recommendation adopted. drS�cc��C /L ee 4. Marsh Creek Sewerage Scheme ea/ oJC%jB/r/ Murdoch - Lingley Limited • mloc1/-L' Legal surveys in connection with land acquisition Amount previously approved $ 11,245.15 J J/ Sum recommended for payment, Invoice dated October.7, 1974 $ 307.50 M 1/4 5• Milford- Randolph - Greendale Collector Sewer /,/ i e Co /%Seale r Giffels Associates Limited Engineering Services Amount previously approved $ 111,392.27 Sum recommended for payment, Certificate Number 35, October 8, 1974 On motion of Councillor Cave $ 4,299.27 Seconded by Councillor Higgins RESOLVED that as recommended by the City Manager, the following con- struction progress certificate be paid on the following named contract for the project that is included in the CaP��cd / Capital Budget:- '/�c✓ 1. Lakewood Heights Area, Phase II Gerald J. Ryan Company Limited ✓Kea/OOGt sAwe Total value of contract $ 96,686.25 s9hea Total work done 71,936.96 (era /d ✓. Retention 10,790.54 �ydh CO Payments previously approved 12,611.62 Sum recommended for payment, Certificate Number 2, October 15, 1974 $ 48,534.80 On motion of Councillor MacGowan Seconded by Councillor Green •17602e* t_ RESOLVED that as per the recommendation of the City Manager, approval be H granted for payment of the invoice from Robert Sproul, in the amount of $2,412.58, for masonry work at the 4wl'Ilar�d Latimer Lake chlorination plant, funds for this expenditure having been approved in the 1974 Capital Budget. P�nt hP��h In reply to Councillor A. Vincent, who asked if tenders were called for the above named work, Mr. Barfoot advised that no tenders were called; the normal practice on smaller jobs of this type is to distribute the work between the mason contractors, and this particular item was done by Mr. Sproul. On motion of Councillor M. Vincent Seconded by Councillor Hodges riS_�e RESOLVED that as recommended by the City Manager, authority be granted /� for payment of the invoice from Stephen Construction Company, Limited, dated October 16th, 1974, in the amount 'SlI914ao'? of $33,820.46, for the supply of asphaltic mixes to the Works Department during the period October lst to 15th, C'O, AW 1974. On motion of Councillor Cave r A0 h II Seconded by Councillor Green SErI/ /I p RESOLVED that in accordance with the recommendation of the City Manager, approval be given for payment of the invoice from Crane Supply Ltd., dated September 30th, 1974, in the amount of $2,978.21, for the purchase of parts to be used for service pipe installations. On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that the Financial Statements for the month of September last, be n_ /e�poNt received and filed. Sn Councillor Hodges asked for an explanation of the item of BG°e% tS g p $900.00 that was paid to St. John's (Stone) �0/ Church for rental of a parking lot, that is listed in the above Financial Statements. Mr. Barfoot advised that ✓• �hlC /h� this is parking lot that is rented by the Saint John Parking Commission from the said Church, and the said �Olnm. Commission administers this parking lot and rents the spaces to persons who have rented such spaces. I �a On motion of Councillor Cave StTohn s Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, approval be given for �Qa /;omen payment of the following invoices for equipment rental: - henta / Chitticks (1962) Ltd. - to the Works Dept., Water & Sewerage CLiriJ BKS September 16 -30, 1974 (dated September 30, 1974) $ 2,7O4.0o a e/d D. Hatfield Ltd. - to the Water Dept. September 16 -30, 1974 (dated October 2, 1974) $ 4,131.37 On motion of Councillor Cave Seconded by Councillor Gould n RESOLVED that the letter from the City Manager advising that on August 26th, 1974 the Common Council gave approval for negotiation with Safety Supply Co. of Halifax, N. S. for the purchase of a 75 -foot aerialscope for the Fire Department; that a number of meetings were held with representatives fi re ­211� Zld of the said company and also with a representative of Pierre Thibault 1972 Ltd., who are the Canadian agents for erialscope; that as a result of the negotiations the price, F.O.B. Saint John, N. B. is $186,000.00 plus Pro- vincial Sales Tax and terms of payment are 10% with the contract and the balance on delivery and acceptance of �e.b✓ILr�L" ��ee the unit by the City; that at the time of invoicing the price will be adjusted based on wholesale price indexes olfilpp C.O. ublished by Statistics Canada for "Raw and partly manufactured goods ", and any adjustment will be applicable to [75-foot 0% of the total contract price; that delivery will be in approximately 26 months; that the City staff are atisfied that the prices and terms shown are fair in the light of current conditions; and recommending that the Aerialscope be purchased from Safety Supply Co. of Halifax, according to the above noted prices and erms -- be received and filed and the recommendation adopted. 2 ICI II `) Councillor Gould asked for an explanation of "any adjustment will be applicable :o 50% of the total contract price ". Mr. Clark stated that, as he understands it, it is based on the Cost of Living Index, and as it goes up it applies to 50% of the total cost of the wholesale price index of the vehicle. �J Cr /a�5 COP e Mr. Barfoot stated that it is different indexes; it is a standard procedure used in some parts of the �i r e ✓7e country regarding trucks with long delivery times, et cetera; the amount in dollars and cents involved would depend upon the variation of the wholesale price index - if the wholesale price index increases, the price of the vehicle will be more than the figure noted in the above resolution, or, if the wholesale price index decreases, there will be an adjustment in the price figure noted. Teha'Pr ­7reeIC6eI sev2$� 1961% eta a9/9we 4P /we Si 37 Sze a7TmPSS OePosi t re ,Dt;ma �e demo /i /,o S. ,% /To /Oh a/ ColiMn h COU/7 - ei/ mihuz�es Councillor Davis stated that Statistics Canada does not itself put much credence in that wholesale price index, and the only reason it is there is because it•has been done for so :Long. He stated that it is not a good index; it is used for comparative reasons but not for price reasons; he personally frowns upon the use of the said index in this particular matter. He noted that apparently this machine is brought in by Pierre Thibault 1972 Ltd. who send it to Safety Supply Co. o:' Halifax, who deliver the machine to the City of Saint John. Mr. Clark replied that the machine will be delivered from Pierreville, Quebec - Safety Supply Co. is an agent for Pierre Thibault 1972 Ltd. in Quebec; the machine is manufactured in Pennsylvania, U. S. A. by Mack. Councillor MacGowan asked if the City has any other alternative in this matter. She noted that the City needs this equipment, and that it will have to wait over two years to get it. She asked if there is any other place from which the City can obtain such a machine. Mr. Clark stated that if there is, he does not know of it; to his knowledge, this machine is manufactured by only one company. In reply to Councillor Gould's question as to why the City would not obtain the machine directly from Pierre Thibault 1972 Ltd. rather than through Safety Supply Co., Mr. Clark pointed out that Safety Supply Cc. is the agent for the former named company in the Maritime provinces, which means that one cannot go directly to the former named company by passing over the local agent. In reply to Councillor A. Vincent's question as to how long ago the City first contemplated the purchase of the equipment under discussion, Mr. Clark recalled that it was eight to ten months ago. He added that the price in September of 1973 was $109,000.00 for this piece of equipment, and the truck that this particular equipment will be replacing is of 1942 vintage. Question being taken, the motion was carried with Councillors Davis and Kipping voting "nay" On motion of Councillor A. Vincent Seconded by Councillor Davis - RESOLVED that in accordance with the recommendation contained in the report from the Building Inspector, the lowest tender received, namely, that of John Flood & Sons (1961) Ltd., be accepted for the demolition of the following buildings:- 29 Adelaide Street for the price of $2,927.00; 37 St. James Street for the price of $2,573.00. Councillor A. Vincent asked when the City staff will be bringing in the recommendation to the deposit for demolition of buildings, to protect the City sidewalks and streets. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that the letter from the City Manager, advising that on January 15th, 1973, the Common Council approved a recommendation to subscribe to the Microfiche (Microfilm) Service of Micro -Media Ltd.; through the Saint John Regional Library (at a start -up cost of $510.00) in the interest of providing the Common Council, City staff and the public -at -large with access to up -to- date information on municipal, urban and provincial affairs across Canada, and further advising that the said company wishes to extend its services, at no extra cost, to include Common Council minutes and City by -laws which will enable the Library to improve its service to the public, and also provide an efficient means of building up City archives in a location and manner that will facilitate public access to them and it will also provide other municipalities and provinces interested in the Saint John situation with important background information -- and recommending approval of the said extended service, and requesting authorisation for two copies of Common Council minutes and City by -laws to be transmitted to the Library for microfilming, starting November lst, 1974 -- be received and filed and the recommendation adopted and the request complied with. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the by -law entitled "A By -Law to Amend a By -Law 1 Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of st/�eG G C10.5-1 Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the following highways:- (1) an unnamed reserved street 66 feet in width - commencing at a point on the east UhnaM 4W re side of Drury, Cove Road approximately 575 feet northwest of the intersection of Drury Cove Road and 9�he et Rothesay Road and thence running in a northerly and easterly direction its entire width until it meets CT>rtcry ve 7a Rothesay Road; (2) an unnamed reserved street 66 feet in width - commencing at a point on the east side of Drury Cove Road approximately 235 feet northwest of the intersection of Drury Cove Road and Rothesay Road and thence running in a northerly direction a distance of approximately 350 feet its entire width until it meets the unnamed street described in the aforegoing section (1) - be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of ghways in The City of Saint John Made Under the Authority of Section 186A of the Municipalities Act 66 and Amendments Thereto" was read in its entirety prior to the adoption of the above resolution. At this time, Councillor Pye, Chairman of the Taxi Committee, submitted a proposed amendment to /� the amendment that is before Council to the Taxicab By -Law, stating that he was doing so in response to a T,r. Oh7Hl/ complaint from the Police Department. The said amendment reads, as follows:- "4(4). No taxicab owner re OJ^ZG shall permit the operation of a taxicab, nor shall a taxicab operator operate a taxicab under the pro- p �p / visions of this by -law unless and until it iscequipped on_.i.ts "'rooftop with a sign bearing the name of the TX /' JJ fidW company it represents. The said sign shall be illuminated at all times during night time while the said f- vehicle is being operated as a taxicab. When the taxicab is otherwise engaged, the said sign shall be removed." During ensuing discussion, this proposed amendment was further amended, at the suggestion of Councillor A. Vincent, to read: - "4(4). No taxicab owner shall permit the operation of a taxicab, nor shall a taxicab operator operate a taxicab under the provisions of this by -law unless and until it is equipped on its rooftop with a sign bearing the name of the company or proprietor it represents. The said sign shall be illuminated at all times during night time while the said vehicle is being operated as a taxicab. When the taxicab is otherwise engaged, the said sign shall be removed." • i� I J is III L� • I 253 Consideration was given to a letter from the City Manager, dated October 18th, 1974, in which he notes that under the present Taxi By -Law the Chief of Police has the authority to designate an Inspector to carry out duties with respect to the enforcement of the Taxi By -Law, and that, presently, such Inspector is titled Traffic Inspector and the duties of the Traffic Inspector under the said by -law are enumerated in Section 2(2) of the by -law. The letter states that the Chief of Police has recommended to the City Manager that the Inspector responsible for carrying out the duties required under the Taxi By -Law ought to be renamed to Taxi Inspector, and the City Manager concurs and is therefore recommending that the term "Traffic Inspector" wherever it appears in the said by -law be stricken out and replaced by the.term "Taxi Inspector ". The letter notes that the City Solicitor has been asked to prepare the appropriate amendment for the Council's consideration in this matter. Consideration was given to a letter from the City Solicitor, dated October 18th, 1974, which submits a proposed amendment to the Taxi By -Law which was prepared from a report adopted by Council from the Taxi Committee ' at the Council meeting of October 15th last, and which advises that the amendment also contains a change to the by- law.whereby the Traffic Inspector will no longer have duties under the Taxi By -Law and such duties will be performed by the Taxi Inspector, and that this change has been made for Council consideration in view of the recommendation to Council contained in the October 18th, 1974 letter from the City Manager. The City Solicitor's letter advises that the other two minor amendments to the text of the by -law which are to be contained in Section 10 have been reworded slightly from the Committee report in an attempt to clear up misunderstanding about the intention of those amendments. Councillor Pye explained that the recommendation to include provision in the Taxi By -Law By -Law for a ' Taxi Inspector was unanimous among the Taxi Committee members, but it was inadvertently omitted from the report made by the Committee to Common Council on October 15th last in the report prepared for the Committee at that time; this omission, unfortunately, left a bad impression with the Saint John Taxicab Owners and Drivers Association. He stated that for years he has been in favour of a full -time Taxi Inspector. Councillors Gould and Parfitt, the other members of the said Committee, confirmed that Councillor Pye was always in favour of a Taxi Inspector but the Committee was of the understanding that this point was covered in the by -law through a Traffic Inspector. On motion of Councillor Gould C'o�ri�n/ tee e Seconded by Councillor Pye C'vah' RESOLVED that the draft amendment to the Taxi By -Law be revised in accord- r, ance with the submissions from Councillor Pye, the City Manager and the City Solicitor: C/ yf✓o /Cr= AND FURTHER that the by-law entitled "A �O� y- By -Law to Amend a By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John" be read a second time. TX/ Mr. Rodgers stated that before second reading is given to the said amendment he would like to insert �y-a few other comments. Councillor Kipping asked Mr. Rodgers whether the taxi owners and taxi drivers (who recently went on strike following the Council's October 15th last meeting) are within their rights in refusing service to any law- abiding, well- behaved, paying customer. Mr. Rodgers stated that he could not answer that question, right now. Councillor Hodges pointed out that there are times when taxi drivers will not go across a picket line. ' Councillor Kipping stated he was not talking about picket lines, but about service at various locations in the city where no picket lines are to be crossed. Councillor Pye advised that at no time can a taxi driver refuse to carry a passenger who is orderly and who is willing to pay his way. Councillor M. Vincent asked how we can regulate the out -of -town milage that the taxi drivers are going to charge for services or fares outside the corporate boundaries of the City of Saint John as contained in the last page of the draft amendment to the Taxi By -Law. In reply, Mr. Rodgers stated that it might not be valid. Councillor Gould recalled that in the discussion, it was sort of stated that those fares outside our city limits were not really our concern and they actually should not be part of our by -law. Councillor Cave stated that he does not have the information he desired on the breakdown of the percentage of increases in taxi fares, and he therefore has to vote against the motion. Councillor MacGowan spoke in favour of retaining the out -of -town fares references in the said by -law, ® maintaining that it is for the protection of our own citizens to know, from the by -law rates, how much it is going to cost them to go to these out -of -town points. She felt it is the responsibility of the Council to the citizens in this respect, so that, particularly in the case of an emergency, they will know exactly how much the cost of the taxi service will be. She made the point that the Council can legislate for the rate to be 750 per mile for the first twenty miles. Mr. Rodgers stated there are two or three points he wished to make: one is that the provision in the present Taxi By -Law in Section 2(2) gives the authority to the Chief of Police to designate the Traffic Inspector with certain duties under that by -law, and the duties of the Traffic Inspector with relation to the said by -law are enumerated in parts (a) to (h). He added that the change with respect to the Taxi Inspector is the Chief of Police recommending to the City Manager, as explained in the letter from the City Manager, that the title will be changed to "Taxi Inspector ". He pointed out that although the title is so changed the duties will be no different for the Taxi Inspector to perform than those the present Traffic Inspector has to perform under the present by -law. He noted that probably at present the Traffic Inspector has additional duties to perform and that this change in the by -law will limit the person designated as Taxi Inspector to specific duties only under the Taxi By -Law. He further advised that the Taxi Inspector, or the Traffic Inspector in his absence - under sub - section (3) - can designate some other person in his absence and the power and authority of such official shall be the same as the now "Traffic Inspector" in the by -law,l which is being changed to "Taxi Inspector`. Mr. Rodgers advised that the other point he wished to make is that since first reading of the Taxi By -Law amendment on October 15th last the Council should be aware of slight changes to Schedule "C" of the by- ' law which were omissions from the by -law but were really adopted by Council from the Taxi Committee report. He stated that one of these changes is in Zone 1 limits "corner of Sandy Point Road and Mac Laren Boulevard" when the words "MacLaren Boulevard were omitted. He further stated that the provisions with respect to Lorneville were adopted by Council from the Taxi Committee but were omitted at first reading and are before Council now. He stated that the other omission was adopted by Council when it adopted the report from the Taxi Committee - this is that the rate for hiring a taxicab will be $6.00 for the first half -hour and $2.00 for each ensuing fifteen - minute period, which changes the present by -law which presently reads $3.50 and $1.75 for these res- pective rates. Councillors Higgins and Pye expressed the view that any reference to rates for out -of -town milages by taxicabs should be deleted from the City of Saint John Taxicab By -law. Mr. Rodgers made the recommendation that the references in the said by -law to out -of -town fares will be deleted, and that our regulations with respect to fares stop at the boundaries of the City of Saint John. Councillors Gould and Pye, as mover and seconder of the above motion, agreed that the motion include the provision for deletion of references in the said by -law to out -of -town fares and that the City's regulations ith respect to fares stop at the boundaries of the City of Saint John. Councillor MacGowan spoke in favour of retaining the out -of -town fares references in the said by -law, ® maintaining that it is for the protection of our own citizens to know, from the by -law rates, how much it is going to cost them to go to these out -of -town points. She felt it is the responsibility of the Council to the citizens in this respect, so that, particularly in the case of an emergency, they will know exactly how much the cost of the taxi service will be. She made the point that the Council can legislate for the rate to be 750 per mile for the first twenty miles. �5, 4 Tail` .t3y -�a C'i icy SO /i�l�o Zeeslia h .ZeW zvm/ C.O. .�f-rnesz` rollS4amnzln es Car/n is /rleh C'rnve mod. recoiis� hue �dnol e�cii�h9 .�ea�rl�e CLia %ssoyi tFe5clr7di h9 tn- OZ /on ,land e xc/ chaissoh Sandy �i`- �mey, mes�fs Comm. 0 Question being taken, the motion was carried'with Councillors Cave and MacGowan voting "nay ". Read a second time the by -law entitled "A By -Law to Amend a By -Law Respecting the Regulating • and Licensing of Owners and Operators of Taxicabs in The City of Saint John ". On motion of Councillor Pye Seconded by Councillor Gould RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John" be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A By -Law to Amend a By -Law Respecting the Regulating and Licensing of ' Owners and Operators of Taxicabs in The City of Saint John" was read in its entirety prior to the adoption of the above resolution. Councillors Cave and Green withdrew from the meeting during the said reading of this by -law. Councillor Cave re- entered the meeting following adoption of the above motio;7. On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that the letter from the City Solicitor advising that by , deed dated June 7th, 1876, the City conveyed property at 252 Princess Street to the Trustees of the Centenary Methodist Church to "hold, use and occupy the same as and for a parsonage house ", and that this property was conveyed by the Trustees to Janet -Maude Hatfield in 1888 and it is presently ;geld by Leesha H. Zed to whom it was conveyed in 1944, and further advising that the building presently contains apart- ments and apparently has not been used as a parsonage house for many years, and that Mr. Charles Whelly, Q. C., solicitor for the present owner has requested that the original restriction on the use of the property be lifted in order to facilitate a proposed transfer; and stating that since the City has no apparent reason for requiring the use of the building as a parsonage and since the building; has, in fact, been used for other purposes for some time it is recommended that the City prepare a Deed of Rectification to Leesha H. Zed removing the original restriction -- be received and filed and, as recommended by the City Solicitor, authority be granted for the Mayor and the Common Clerk to execute on beha_f of the City • of Saint John a Deed of Rectification from the City to Leesha H. Zed removing the restriction placed on the use of the property conveyed by the City June 7th, 1876. Councillor A. Vincent stated that it has been brought to his attention that in one part of the said 1876 deed it is stated that the property was to revert back to the City if the property changed hands from the Church, and he therefore would like to see a copy of the said deed, before he could vote intelligently on the matter. On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that-the above matter be laid on the table and referred to the Legal Department. Question being taken, the motion to table was carried. ' On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the Land Committee, the freehold of Lot 15 at 114 Guilford Street be sold to the lessee, Mr. Ernest Dykeman, for the appraised value of $2,000.00. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that as per the recommendation of the Land Committee, the City of Saint John purchase from Constantines Garinis for the assessed value of $4,000.00 En area of vacant land containing 5,700 square feet, more or less, and located at the corner of Parkhill Drive and • Golden Grove Road, the acquisition of this land having been recommended by the Works Department for future reconstruction of the intersection. On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that the letter from the Land Committee advising that further to Common Council resolution of June 12th, 1974 whereby the City agreed to deed 10,780 square feet of land, located on the Sandy Point Road, to Mrs. Beatrice Chaisson for the sum of $400.00 in return for which she will deed 8,879 square feet of land located on the said Road to the City -- the survey has now been completed and it was discovered that Mrs. Chaisson owns 14,043 square feet of land (rather than the above mentioned 8,879 square feet) and the City owns 10,254 square feet (rather than tte above mentioned 10,780 square feet), and that whereas Mrs. Chaisson has agreed to an even exchange of land, the Land Committee now recommends that in lieu of the provisions of the June 12th, 1974 resolution the City of Saint John accept the additional 5,164 square feet of land -- be received and filed and the said resolution of June 12th, 1974 be rescinded. On motion of Councillor Gould Seconded by Councillor Hodges ' RESOLVED that in accordance with the recommendation of the Land mittee, the City of Saint John exchange 10,254 square feet of land on the Sandy Point Road that is ed by the City for 14,043 square feet of land owned by Mrs. Beatrice Chaisson on the said Road, as an right land exchange with no payments of money involved. On motion of Councillor Parfitt Seconded by Councillor A. Vincent RESOLVED that authority be granted to advertise the various . sed amendments to the Zoning By -Law as recommended and outlined in the letter dated October 16th, from the Planning Advisory Committee. I 255 Councillor MacGowan noted that the above letter proposes an amendment to the Zoning By -Law to permit larger signs in the central business and other districts, and advised that the Civic Improvement and Beautification Committee feels that we do not require larger signs and that there are too many signs now and they detract from the appearance of the city. She stated that she questions the advisability of this particular amendment. She noted that because the amendment is to be advertised she will have a future opportunity to comment in this regard. Councillor Green re- entered the meeting. On motion of Councillor Higgins S ,7%G a Seconded by Councillor Cave ' Cyr e a r+ RESOLVED that the four recommendations submitted by the Traffic and Safety T Committee from the Committee's meeting of October 10th, 1974, be referred to the Chief of Police and to staff 7Ol/Ce for a report. Councillor A. Vincent proposed a motion that the letter from the Steamship, Horse and Cattle Fitters, Grain Sealers, Liners and Cleaners Union, Sweepers of Sheds and Cleaners of Ships Holds, Local 1039, International Longshoremen's Association, which expresses the desire for a rescue squad to be in attendance on the west side of the harbour, be received and filed and the provision of the said rescue squad be implemented forthwith and charged to the 1974 budget. There was no seconder. ' fire J�g�P On motion of Councillor Hodges %vP�CGCP�J Seconded by Councillor Gould RESOLVED that the letter from the Steamship, Horse and Cattle Fitters, �ct6(9 2t Grain Sealers, Liners and Cleaners Union, and Sweepers of Sheds and Cleaners of Ships Holds, Local 1039, Inter - .5'Z�PaA75 // of national Longshoremen's Association, advising of the Union's desire that a rescue squad be in attendance on the west side of the harbour, be referred to the Budget Committee. mac'•, Uhi orr, Councillor A. Vincent voted "nay" to the above motion. • On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the letter from Mr. William 0. McGrath, the owner and / t Aerator of the Loch Lomond Bus Line, requesting permission to increase the bus fares of this firm by fifteen f. 0C, 4 ,J/ 19M0h cents on each one -way fare and to terminate return trip tickets and to continue on with the "ten- ride" passes" 'ga 5 //.p) e which are sold at a discount of fifteen per cent, be referred to the Transportation Committee. 0"5 APPe.4 On motion of Councillor Hodges Increase %Ha7hslaaA" Seconded by Councillor Davis RESOLVED that the letter from Mrs. L. A. Richard, making application for /1 permission to locate her mobile home at 518 Milford Road for a period of one year, on the lot belonging to her husband's father who lives at 524 Milford Road, be referred to the Planning Advisory Committee. On motion of Councillor Green ��anh, f%dvis ee'h?/n• Seconded by Councillor A. Vincent 1/ RESOLVED that the letter from the New Brunswick Youth Orchestra, /I/ ? OGl2Z4 making application for a grant from the City of Saint John for the 1974 -1975 season of the Orchestra, be referred to the Grants Committee. �rI67h t On motion of Councillor Gould avtleS 07,107n. Seconded by Councillor Kipping RESOLVED that the letter from The Saint John Planned Parenthood Clinic .7,.Ti� /ahh 6,q Inc., submitting an application for a grant from the City of Saint John for the year 1975, be referred to the /�ahel7tE�I0o Grants Committee. G� nt The Council members, at the suggestion of Councillor A. Vincent, agreed to discuss the item that was placed on the Committee of the Whole section of the agenda of this meeting, concerning the agenda for the � Southern New Brunswick Municipal Conference, in open session of Council at this time. Mr. Barfoot was asked why a5'OUZ/ ��ierh his item was placed in Committee of the Whole on the agenda, and he explained that it was placed on the agenda as a reminder and also to request some in -put from the Council on this matter. The Mayor noted that if the A)�al /C/� Council members have any items that they think should be brought up at the said conference they are free to / (.O/9-".'emoC present them to the chairman of the day. At this time, Councillor Davis submitted a letter he had received from / / the Mayor and Council of the Village of Gondola Point, in which they say they have been soliciting support from � ' CT(7/7d0/� 4 the city, town and village councils in the area and that an approach will be made to the Provincial Government C/ / /a� to have the Gondola Point Beach area made into a small Provincial park, and that they are soliciting the support of the Common Council of the City of Saint John in this regard. Councillor Davis felt that this item would be a 7.71-k good one for the said conference to consider. Councillor MacGowan suggested that perhaps the conference delegates {0v+ might be interested in discussing the matter of taxi fares in the outlying districts. The Mayor advised that �y t anysuggestions the Council members have for the agenda of the above mentioned conference can be submitted to the CTO v Economic Co- Ordinator, Mr. David Carter. Following a Committee of the Whole session which commenced at 5.45 o'clock p.m., the Committee arose 1 6v and the Mayor resumed the Chair in Common Council in legal session, when there were present Councillors Cave, O�e Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Green, Parfitt, Pye, A. Vincent and M. Vincent, and Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, and F. A. Rodgers, City Solicitor. L E G A L On motion of Councillor MacGowan Seconded by Councillor Pye RESOLVED that the letter from the City Solicitor, submitting a copy of the C /'/ majority decision rendered by the Arbitration Board which considered a grievance from the Saint John Policemen's C/y Protective Association, Local No. 61, Canadian Union of Public Employees, C.L.C. in connection with the inter - .c pretation of Article 16(1) of the Working Agreement, and advising that, in brief, the Board found that the Union 1101k j %0h grievance was valid andi.that - the Chief of Police in the exercise of his discretion must allocate the extra ten /� 0d, days off in lieu of statutory holidays to time periods when the employee would otherwise be required to work, be F141i; wD NL� received and filed. - ,�,ehs i9ssoe, sta�u�ohy fio / /'flagqs %tee ..dead ,56 Ar6/ i�ra iior� .mod. re ort .terra h Councillor A. Vincent noted that the City's nominee to the above named Arbitration Board, Mr. -. _ atrick Darrah, did not sign the above noted decision rendered by the Board, and he asked if Mr. Darrah'%'_` going to submit a minority report, and perhaps the City can appeal this decision. The Mayor noted iat the City Solicitor can check on the question of a minority report. The Council members agree that' ais be done. Councillor Kipping suggested that the Arbitration Board majority report not be receiv - id filed at this time as he felt doing so would imply acceptance of the decision. Councillor MacGowan_ - - -' �^ °oposed a tabling motion, which was not seconded. Question being taken, the motion was adopted. e2 pr�6a�i o nahy oonsz`a6 /es C'ri eva/? ce AJ' Nola sky to S,e771_2611'eel oo° S Riroz�e�/re /%SSOc• Uaz e o con Ai Bence 6,1'y /Yl9r v oie 6 cor�7o /�erlc� 64 /Pjr 6 N11575 .lain z� Tobin i IS'S Cariada P-7y�ht On motion of Councillor Gould Following a Committee of the Whole session at this time, the Committee arose and the Mayor resumed the Chair in open session of Common Council at 8.00 o'clock p.m., when there were present Councillors having just been in Cave, Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent, and /OfeMessrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, D. , �7 French, Director of Personnel and Training, and E. Ferguson, Chief of Police. Also in attendance were the dispute pertaining to the dismissal of Probationary Constables representatives of the Saint John Policemen's Protective Association, Local No. 61, Canadian Union of the grievance as submitted by the Saint John Policemen's Protective Public Employees, C.L.C. U.P.E., e2 pr�6a�i o nahy oonsz`a6 /es C'ri eva/? ce AJ' Nola sky to S,e771_2611'eel oo° S Riroz�e�/re /%SSOc• Uaz e o con Ai Bence 6,1'y /Yl9r v oie 6 cor�7o /�erlc� 64 /Pjr 6 N11575 .lain z� Tobin i IS'S Cariada P-7y�ht On motion of Councillor Gould On motion of Councillor Higgins Seconded by Councillor Gould • RESOLVED that the verbal report of the Committee of the Whole be eived and the recommendation contained therein adopted. Question being taken, the motion was carried with Councillor Hodges voting "nay" On motion of Councillor A. Vincent Seconded by Councillor Higgins RESOLVED that this Council go on record with a vote of confidence .n the City Manager's performance. On motion of Councillor A. Vincent Seconded by Councillor Cave , RESOLVED that this Council go on record with a vote of confidence in :he Chief of Police's performance to date. On motion The meeting adjourned. Common rk • At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty - day of October, A. D. 1974, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Par£itt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Assistant Director of Works - Operations, C. A. Robichaud, Assistant Director of Works - Engineering, R. Dhar, City Architect, M. Zides, Municipal Planning Director, D. French, Director of Personnel and Training, P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, and C. E. Nicolle, Director of Recreation and Parks The meeting opened with a prayer which was invoked by The Reverend Kenneth Legass:ick, rector of Church. r F, The Mayor advised that a telegram was sent, signed by himself, from the Mayor and Common Council • f this Loyalist City to Miss Paula O'Reilly, Miss Saint John, sending expressions of best wishes and Dod luck to her, Saint John's beautiful ambassador, as she participated this date in the f'.nal selection f Miss Canada at the Miss Canada Pageant in Toronto. He added that flowers were also sent to Miss 'Reilly on behalf of the Mayor and Common Council. Seconded by Councillor Kipping RESOLVED that the Committee of the Whole having just been in ssion, the verbal report from the said Committee of the Whole be placed on the agenda of this meeting. ' Read the said verbal report of the Committee of the Whole, namely:- "That upon hearing both des of the dispute pertaining to the dismissal of Probationary Constables R. N. Bevans and A. J. leaky, the grievance as submitted by the Saint John Policemen's Protective Association, Local No. 61, U.P.E., be denied. ". On motion of Councillor Higgins Seconded by Councillor Gould • RESOLVED that the verbal report of the Committee of the Whole be eived and the recommendation contained therein adopted. Question being taken, the motion was carried with Councillor Hodges voting "nay" On motion of Councillor A. Vincent Seconded by Councillor Higgins RESOLVED that this Council go on record with a vote of confidence .n the City Manager's performance. On motion of Councillor A. Vincent Seconded by Councillor Cave , RESOLVED that this Council go on record with a vote of confidence in :he Chief of Police's performance to date. On motion The meeting adjourned. Common rk • At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty - day of October, A. D. 1974, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Par£itt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Assistant Director of Works - Operations, C. A. Robichaud, Assistant Director of Works - Engineering, R. Dhar, City Architect, M. Zides, Municipal Planning Director, D. French, Director of Personnel and Training, P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, and C. E. Nicolle, Director of Recreation and Parks The meeting opened with a prayer which was invoked by The Reverend Kenneth Legass:ick, rector of Church. r F, The Mayor advised that a telegram was sent, signed by himself, from the Mayor and Common Council • f this Loyalist City to Miss Paula O'Reilly, Miss Saint John, sending expressions of best wishes and Dod luck to her, Saint John's beautiful ambassador, as she participated this date in the f'.nal selection f Miss Canada at the Miss Canada Pageant in Toronto. He added that flowers were also sent to Miss 'Reilly on behalf of the Mayor and Common Council. I 257 // Councillor M. Vincent drew the attention of the Council members to the pamphlet that has been prepared 1001/ C e by the Police Department and which was drawn to his attention by Chief Ferguson at the last meeting of Council • oelot as part of the programme to make the public aware of measures they should take to protect themselves, their PaM�h�ez` children and their homes under various situations, by which they can assist the Police Department in the carrying out of that Department's duties. He asked that copies of this pamphlet be supplied to the members of the press, if this has not been done already, for public information purposes. Councillor A. Vincent noted that the Union label does not appear on the said printed pamphlets, and stated that he would like to see all the City printed material done by Union labour. He added that he finds it is more economical to have Union labour do the printing work. The Common Clerk advised that advertising was completed for the proposed amendment to the Zoning By- Law for the re- zoning of 14 areas recommended by the Planning Advisory Committee's letter of July 23rd, 1974, ' from "R -lA", "P", "I -1 ", "RM -1 ", "RS -2" and "R -2" districts, to "P", "R -1B ", "R -2 ", "RM -1" and "RS -2" districts, respectively, and, also, that advertising was completed for the proposed amendment to the Municipal Development Plan to reconcile the said Plan with the said proposed changes in zoning. He stated that no written objections were received regarding these proposed amendments. No person or persons were present to offer comment with respect to the said proposed amendments. On motion of Councillor Higgins ' Seconded by Councillor Gould RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning of fourteen areas of land recommended in the letters from the Planning Advisory Committee dated May 13th, 1974 and July 23rd, 1974 from their present "R -1A" One- Family Residential, "P" Park, "I -1" Light Industrial, "RM -1" One- and Two - Family Two - Re- Za/j/ *7 torey and Two- or Three- Storey Multiple Residential, "RS -2" One- and Two - Family Suburban Residential and "R -2" One- and Two- Family Residential districts, to "P" Park, "R -1B" One - Family Residential, "R -2" One- and Two - Family Residential, "RM -1" One- and Two - Family Two- Storey and Two- or Three- Storey Multiple Residential, and "RS -2" One- and Two- Family Suburban Residential districts classifications, respectively, as listed in the said letters from the Planning Advisory Committee, be read a first time. • Councillor A. Vincent voted "nay" to the above motion. Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning of fourteen areas of land l�7 recommended in the letters from the Planning Advisory Committee dated May 13th, 1974 and July 23rd, 1974 from their present "R -1" One - Family Residential, "P" Park, "I -1" Light Industrial, "RM -1" One- and Two - Family Two- Storey and Two- or Three- Storey Multiple Residential, "RS -2" One- and Two- Family Suburban Residential and "R -2" 'One- and Two - Family Residential districts, to "P" Park, "R -1B" One - Family Residential, "R -2" One- and Two - d�5 Family Residential, "RM -1" One- and Two - Family Two- Storey and Two -or Three- Storey Multiple Residential, and Q7�,as "RS -2" One- and Two - Family Suburban Residential districts classifications, respectively, as listed in the said letters from the Planning Advisory Committee, be read a second time. Councillor Green entered the meeting. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John d Amendments Thereto ". On motion of Councillor Davis Seconded by Councillor MacGowan RESOLVED that the by -law entitled "A Law to Amend The Municipal Plan By -Law" insofar as it concerns making two amendments in Schedule 2 -A of the Municipal Development Plan at Greendale and Rockwood Park as recommended in the letters from the Planning Advisory Committee dated May 13th, 1974 and July 23rd, 1974, be read a first time. Read a first time the by -law entitled "A Law to Amend The Municipal Plan By- Law ". Councillor A. Vincent voted "nay" to the above motion, having voiced his objection to amending the cipal Development Plan on a piece -meal basis, and having stated he feels the said Plan should be amended at the one time. On motion of Councillor Higgins ' Seconded by Councillor M. Vincent RESOLVED that the by -law entitled "A Law to Amend The Municipal Plan By-Law insofar as it concerns making two amendments in Schedule 2 -A of the Municipal Development Plan at Greendale and Rockwood Park as recommended in the letters from the Planning Advisory Committee dated May 13th, /yC Pai^%t 1974 and July 23rd, 1974, be read a second time. di s�ric is Councillor A. Vincent voted "nay" to the above motion. 0/nahn. %da/ Read a second time the by -law entitled "A Law to Amend The Municipal Plan By- Law ". On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee, tl //A further to Common Council resolution of July 29th, 1974 which authorized the City to proceed to acquire the O7`�[ seven areas of land listed in the Committee's May 13th, 1974 letter, to enable the Recreation and Parks Department to further develop certain park sites, listing the said lands to be acquired and advising that it is understood that the Recreation and Parks Department favours the acquisition of these lands and has been examining the T ,1/ precise limits and other related details, and stating that the Planning Advisory Committee hopes that the ,Sf GC S / Common Council will authorize that Department to bring its recommendations to the City's Land Committee, be A �d/^�( received and filed. Dept, ,J 717W 25S \ Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint ohn and Amendments Thereto ". On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law S�r�a' ve of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land in the J Sand Cove Sub - division being the northern portion of Lot 59, having a frontage of approximately 500 feet -5/ �e on Allingham Crescent with a depth of approximately 110 feet, from "RM -1" up to three - storey multiple district to "R -1B" one - family residential district, be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee n recommending that the area in the Sand Cove Sub - division (West Side co- operative housing project) proposed to be divided into seven lots and shown on the submitted print be re -zoned from the present "RM -1" /7 multiple family to "R -13" one- family residential classification to permit the creation of seven lots for OMB// Uccle the erection of single- family dwellings and noting that this re- zoning should be conditional to Council modifying or amending its earlier resolution of July 15th, 1974 to reduce the maximum number of units in • the adjoining "RM -1" zone from the original 40 to a future 33 units, be received and filed and the said July 15th Council resolution be amended in condition (2) thereof to now read, "(2) subject to condition "eSolq umber (3) herein, the central 4.21 acre, more or less, parcel in the block bounded by Danell Drive and Allingham Crescent is to be used for not more than 33 town housing units with street fronting elevations of more than two storeys in ehgith; ". The Common Clerk stated that advertising took place regarding the proposed re- zoning for Mr. George Kelley of an area of land at 75 Golden Grove Road to permit an addition to an existing building hich contains an ignition service business, and that no written objections were received. No person or persons were present to make comment in this matter. , On motion of Councillor Green Seconded by Councillor M. Vincent ��/ RESOLVED that the by -law entitled "A Law to Amend The Zoning 6: j/)CJe /l N / /4eiy y -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land J ✓ 58 feet by 185 feet at 75 Golden Grove Road from "RS -2" One -and Two- Family Suburban Dwelling district to ,ce �- z O h % h 9 'B -2" General Business district, be read a first time. Councillor A. Vincent asked if the applicant has the necessary square footage in this land, or . s the Planning Advisory Committee re -zoned anything here, and has the Committee made any tolerance in e square footage. He added that if the Committee has done so, he has not seen it on paper. He further ated that he wants to know what re- zoning to "B -2" means in this particular case and has the Planning visory Committee tampered with the variance in any way. He added that this is just a warning regarding at is going -to happen when the Committee comes in with the Brunswick Square matter. Stating that he nts to talk about the "B -2" classification, Councillor A. Vincent stated he knows of a ca3e of a person o purchased a building that was in a "B -2" district and he went through a very difficult time to get a ilding permit - the case he refers to is the Cash and Carry next to Irving Oil on the road to the rport - Cash and Carry spent a lot of money and bought a property and their solicitor told them they re alright, and then they had that difficult time to obtain approval through the Planning Advisory • mmittee. He stated that is why he wants to know if this is the same type of "B" classification as in at particular case. Mr. Zides, in reply, stated that "B -2" is the name of the zoning dis-•,rict and ands for General Business District; the by -law is not quite that simple in saying that once it is "B -2" rticular uses such as a restaurant or a drug store or a gasoline station or a store all necessarily The Common Clerk stated that with reference to the proposed amendment of the Zoning By -Law to re -zone for New Brunswick Housing Corporation an area of land in the Sand Cove Sub - division (northern portion of Lot 59), having a frontage of approximately 500 feet on Allingham Crescent with a depth of • approximately 100 feet, to permit the creation of seven lots for the erection of single - family dwellings, the necessary advertising took place and no written objections were received to the proposed re- zoning. It was noted that no persons were present to make comment in this matter. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land in the D Sand Cove Sub - division being the northern portion of Lot 59, having a frontage of approximately 500 feet ✓ ' on Allingham Crescent with a depth of approximately 110 feet, from 11RM -1" up to three - storey multiple district to "R -lB" one - family residential district, be read a first time. Councillor MacGowan noted that the letter from the Planning Advisory Committee in regard to the proposed re- zoning, dated October 24th, 1974, recommends that the area proposed to.be divided into seven lots and shown hatched on the attached print be re -zoned from the present "RM -1" district -co "R -1B" classification, and advises that this re- zoning should be conditional to Council modifying or amending its earlier resolution of July 15th, 1974 to reduce the maximum number of units in the adjoining "EM-l" zone from the original 40 to a future 33 units. The Council members noted that this could be done by a ' separate resolution of Council, apart from the re- zoning resolutions. Mr. Zides was asked to explain what type of development had been planned for the particular area that is now being re -zoned to permit the creation of seven lots for the erection of s`_ngle- family dwellings, and for the adjoining area referred to in the letter from the Planning Advisory Committee. He advised that the said adjoining area was set aside for walk -up apartments with two - storey frontage facing Sand Cove Road and the maximum number of units that the City and New Brunswick Housing Corporation agreed to was forty; now, with the addition of seven one - family housing units that number of forty is reduced to thirty- three. He added that the development proposed for the said area was supposed to be an apartment project and New Brunswick Housing Corporation would have advertised for builders to submit various proposals - the other condition was that the Council would have an approval of the proposal. before • anything went forward. The Mayor noted that when they went to build in certain areas of the site they could not get the type of footing they needed so they asked to move up into this area where: the walk -up apartments had been proposed. Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint ohn and Amendments Thereto ". On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law S�r�a' ve of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land in the J Sand Cove Sub - division being the northern portion of Lot 59, having a frontage of approximately 500 feet -5/ �e on Allingham Crescent with a depth of approximately 110 feet, from "RM -1" up to three - storey multiple district to "R -1B" one - family residential district, be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee n recommending that the area in the Sand Cove Sub - division (West Side co- operative housing project) proposed to be divided into seven lots and shown on the submitted print be re -zoned from the present "RM -1" /7 multiple family to "R -13" one- family residential classification to permit the creation of seven lots for OMB// Uccle the erection of single- family dwellings and noting that this re- zoning should be conditional to Council modifying or amending its earlier resolution of July 15th, 1974 to reduce the maximum number of units in • the adjoining "RM -1" zone from the original 40 to a future 33 units, be received and filed and the said July 15th Council resolution be amended in condition (2) thereof to now read, "(2) subject to condition "eSolq umber (3) herein, the central 4.21 acre, more or less, parcel in the block bounded by Danell Drive and Allingham Crescent is to be used for not more than 33 town housing units with street fronting elevations of more than two storeys in ehgith; ". The Common Clerk stated that advertising took place regarding the proposed re- zoning for Mr. George Kelley of an area of land at 75 Golden Grove Road to permit an addition to an existing building hich contains an ignition service business, and that no written objections were received. No person or persons were present to make comment in this matter. , On motion of Councillor Green Seconded by Councillor M. Vincent ��/ RESOLVED that the by -law entitled "A Law to Amend The Zoning 6: j/)CJe /l N / /4eiy y -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land J ✓ 58 feet by 185 feet at 75 Golden Grove Road from "RS -2" One -and Two- Family Suburban Dwelling district to ,ce �- z O h % h 9 'B -2" General Business district, be read a first time. Councillor A. Vincent asked if the applicant has the necessary square footage in this land, or . s the Planning Advisory Committee re -zoned anything here, and has the Committee made any tolerance in e square footage. He added that if the Committee has done so, he has not seen it on paper. He further ated that he wants to know what re- zoning to "B -2" means in this particular case and has the Planning visory Committee tampered with the variance in any way. He added that this is just a warning regarding at is going -to happen when the Committee comes in with the Brunswick Square matter. Stating that he nts to talk about the "B -2" classification, Councillor A. Vincent stated he knows of a ca3e of a person o purchased a building that was in a "B -2" district and he went through a very difficult time to get a ilding permit - the case he refers to is the Cash and Carry next to Irving Oil on the road to the rport - Cash and Carry spent a lot of money and bought a property and their solicitor told them they re alright, and then they had that difficult time to obtain approval through the Planning Advisory • mmittee. He stated that is why he wants to know if this is the same type of "B" classification as in at particular case. Mr. Zides, in reply, stated that "B -2" is the name of the zoning dis-•,rict and ands for General Business District; the by -law is not quite that simple in saying that once it is "B -2" rticular uses such as a restaurant or a drug store or a gasoline station or a store all necessarily ?59 In further explanation of the proposed re- zoning for Mr. George Kelley of 75 Golden Grove Road property, Mr. 'tides advised that Mr. Kelley has an automobile ignition business at this address which at the present time is a non - confirming use having been established there since about 1952 - a non - confirming use being one that ' existed before the regulations came into being and being one that is allowed to continue; however, when certain things like extending the building, as in this particular case, are wanted to be done, it cannot be done under a non - conforming use and the re- zoning is necessary. With reference to the case of the Cash and Carry building on the Loch Lomond Road, Councillor A. Vincent stated that the application was already turned down once by the Planning Advisory Committee and then it was found that incorrect information had been received by the Committee regarding the application. The Mayornoted that this will be checked out and reported back to Council next week. Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint and Amndments Thereto'. • II On motion of Councillor M. Vincent /? Seconded by Councillor Gould (7eovye %��/ RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto' insofar as it concerns re- zoning an area of land 58 feet by 185 feet We ZOh �I? at 75 Golden Grove Road from "RS -2" One -and Two- Family Suburban Dwelling district to "B -2" General Business district, be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Thereto ". Councillor M. Vincent noted that this particular re- zoning application has been before the Council since July and that his information is that Mr. Kelley would like to try to commence work on this project before ' the winter weather sets in. He asked if the Council would consider giving third reading to the re- zoning at this meeting, having regard to the fact that no objections have been received to the proposed re- zoning, and that this is a straight case of a man wishing to expand a place of business before the winter months set in. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that an emergency be declared to exist and the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto' insofar as it concerns re- (� Z / &A? zoning an area of land 58 feet by 185 feet at 75 Golden Grove Road from "RS -2" One- and Two- Family Suburban /O �1 Dwelling district to "B -2" General Business district, be given three readings. Question being taken, the motion was lost with Councillors Higgins and Hodges voting "nay" - a unanimous ing be required to pass such a motion. • The Common Clerk advised that advertising had been completed for the proposed re- zoning for D. Hatfield, Ltd. of an area of land having a frontage of 124 feet on Golden Grove Road and a depth of 430 feet and being opposite the intersection of the said Road and Parkhill Drive, to permit the erection of a 10 -unit motel and restaurant, and that no written objections had been received. It was noted that no persons were present to make objection to this proposed re- zoning. On motion of Councillor Cave Seconded by Councillor Green RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The '.Z� City of Saint John and Amendments Thereto' insofar as it concerns re- zoning an area of land having a frontage of 124 feet on Golden Grove Road and a depth of 430 feet and being located opposite the intersection of Golden e- ns ih9 Grove Road and Parkhill Drive from "RS -2" One- and Two- Family Suburban Dwelling district to "I -1" Light Industrial district, be read a first time. Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Thereto'. On motion of Councillor Higgins ' Seconded by Councillor M. Vincent RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law J)./4// ���� of The City of Saint John and Amendments Thereto' insofar as it concerns re- zoning an area of land having a t/r /m frontage of 124 feet on Golden Grove Road and a depth of 430 feet and being located opposite the intersection of Golden Grove Road and Parkhill Drive from "RS -2" One- and Two- Family Suburban Dwelling district to "I -1" Light e ohih Industrial district, be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Thereto". • The Common Clerk stated that advertising took place with regard to the proposed re- zoning for Carr Construction Ltd. of an area of land on the south side of Dufferin Row commencing at a point approximately 100 feet from the intersection of City Line with a frontage of 208 feet on Dufferin Row and a depth of 214 feet, to follow the same rules - the reason for that being as follows:- in zoning by -laws in New Brunswick there are different kinds of classifications for uses - there are those that are listed as permitted as a matter of right • (that is, once they are listed and they meet the regulations, they are alright) -there is another kind that may be subject to special regulations and those are written right in the by -law and in addition to the regulations that apply for other kinds of uses they have to meet these special conditions that are spelled right out in the by -law - there is another kind which are termed "conditional uses" and under New Brunswick law those uses are prohibited except when they are approved by the Advisory Committee and they may be subject to such terms and conditions as the Advisory Committee may impose (in that particular case, relating to the site and to its effect on adjoining properties - they are pretty limited that way) - and another kind that you can actually prescribe - in other words, you can put in the by -law to ensure that there is no questio that you do not want it there and then those uses that are not listed at all are generally held to be excluded as well; so, if you take all those combinations "B -2" is "B -2" classification but the use itself may be handled in different ways under the law. He stated that in a "B -2" zone a service station, for example, has certain regulations, and a drive -in restaurant ' others, and in the case of a drive -in restaurant, for example, because of the nature of the type of business ,has and so in, it is one of those uses that is listed in the by -law as requiring Planning Advisory Committee approval it is not automatic, in other words. In further explanation of the proposed re- zoning for Mr. George Kelley of 75 Golden Grove Road property, Mr. 'tides advised that Mr. Kelley has an automobile ignition business at this address which at the present time is a non - confirming use having been established there since about 1952 - a non - confirming use being one that ' existed before the regulations came into being and being one that is allowed to continue; however, when certain things like extending the building, as in this particular case, are wanted to be done, it cannot be done under a non - conforming use and the re- zoning is necessary. With reference to the case of the Cash and Carry building on the Loch Lomond Road, Councillor A. Vincent stated that the application was already turned down once by the Planning Advisory Committee and then it was found that incorrect information had been received by the Committee regarding the application. The Mayornoted that this will be checked out and reported back to Council next week. Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint and Amndments Thereto'. • II On motion of Councillor M. Vincent /? Seconded by Councillor Gould (7eovye %��/ RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto' insofar as it concerns re- zoning an area of land 58 feet by 185 feet We ZOh �I? at 75 Golden Grove Road from "RS -2" One -and Two- Family Suburban Dwelling district to "B -2" General Business district, be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Thereto ". Councillor M. Vincent noted that this particular re- zoning application has been before the Council since July and that his information is that Mr. Kelley would like to try to commence work on this project before ' the winter weather sets in. He asked if the Council would consider giving third reading to the re- zoning at this meeting, having regard to the fact that no objections have been received to the proposed re- zoning, and that this is a straight case of a man wishing to expand a place of business before the winter months set in. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that an emergency be declared to exist and the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto' insofar as it concerns re- (� Z / &A? zoning an area of land 58 feet by 185 feet at 75 Golden Grove Road from "RS -2" One- and Two- Family Suburban /O �1 Dwelling district to "B -2" General Business district, be given three readings. Question being taken, the motion was lost with Councillors Higgins and Hodges voting "nay" - a unanimous ing be required to pass such a motion. • The Common Clerk advised that advertising had been completed for the proposed re- zoning for D. Hatfield, Ltd. of an area of land having a frontage of 124 feet on Golden Grove Road and a depth of 430 feet and being opposite the intersection of the said Road and Parkhill Drive, to permit the erection of a 10 -unit motel and restaurant, and that no written objections had been received. It was noted that no persons were present to make objection to this proposed re- zoning. On motion of Councillor Cave Seconded by Councillor Green RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The '.Z� City of Saint John and Amendments Thereto' insofar as it concerns re- zoning an area of land having a frontage of 124 feet on Golden Grove Road and a depth of 430 feet and being located opposite the intersection of Golden e- ns ih9 Grove Road and Parkhill Drive from "RS -2" One- and Two- Family Suburban Dwelling district to "I -1" Light Industrial district, be read a first time. Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Thereto'. On motion of Councillor Higgins ' Seconded by Councillor M. Vincent RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law J)./4// ���� of The City of Saint John and Amendments Thereto' insofar as it concerns re- zoning an area of land having a t/r /m frontage of 124 feet on Golden Grove Road and a depth of 430 feet and being located opposite the intersection of Golden Grove Road and Parkhill Drive from "RS -2" One- and Two- Family Suburban Dwelling district to "I -1" Light e ohih Industrial district, be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Thereto". • The Common Clerk stated that advertising took place with regard to the proposed re- zoning for Carr Construction Ltd. of an area of land on the south side of Dufferin Row commencing at a point approximately 100 feet from the intersection of City Line with a frontage of 208 feet on Dufferin Row and a depth of 214 feet, to 22 60 IFe- Z Orl/ n9 _ "11M -1" classification, to permit the erection of a 23 -unit apartment building. He advised that written to the /7 /� [ objections proposed re- zoning have been received from the following named: - Mrs. Judith Montford, C,o7,k' O/%>�G/'UC Andrew and Norma Forbes, F. D. McCarthy, Edward J. Neve (two letters), Fred J. Whelan, Charles J. Wilcox, • and J. Gregory Cherry per his solicitor, Mr. Barry Roderick. Mr. Charles J. Wilcox was present and read his above noted letter of objection a-, this time, which requests that the proposed re- zoning be tabled for a period of at least thirty days in order that -T- G'har /es ✓• the land owners who are concerned may meet together to discuss the proposed development of the Dufferin //,,� /COX Row lot by Carr Construction Ltd. in more detail. �/�/l Reference was made to the letter, dated October 24th, 1974 from the Planning Advisory Committee which advises that the site in question is largely a hilly rock outcrop lying in an area of one- and two- family dwellings and it has remained vacant because it is not economic to develop for one- or two - family , h n �G�I�/ S, a, housing, and that the proposal is to erect a 23 -unit building with twelve two- bedroom and eleven single - bedroom apartments. The letter states that in reponse to notice by the Committee of the p: °oposed re- zoning to property owners in the neighbourhood, there were quite a few objections following which a delegation of neighbouring property owners and the proponents of the development appeared -before the Planning Advisory Committee's October 8th meeting, and as a result of the meeting the Committee recommends that the area shown on the submitted print be re -zoned from "R -2" to "RM -1" classification to permit a proposed 23 -unit apartment building pursuant to a resolution and an agreement under Section 39 of the Community Planning Act to the effect that the building and its site development will be in accordance with the conditions set out in this letter and with plans filed with the Common Clerk, Planning Department ' and the Building Inspector. The letter sets forth the following conditions with comments o:a each:- (1) appropriate measures are to be taken to ensure an adequate water pressure to all apartments within the building and to existing houses in the area (Mr. Carr has discussed the matter of the water pressure with Mr. Robichaud of the City Works Department and he advised Mr. Carr that the main reason there is a problem with water pressure in that area is that the existing houses are serviced with a 5/8 inch lead pipeline which was installed in 1908; Mr. Carr at present proposes to use a pipe having a diameter of between one inch and one - quarter and two inches; Mr. Robichaud was of the opinion that this would be sufficient to ensure adequate water pressure to the apartments within the building and not to adversely affect the water pressure on existing houses in the area); (2) a tot lot is to be provided on the site (a 900 square foot tot lot will be laid out at the rear of the proposed building; it will be graded and it will be fenced on the downhill side); (3) landscaping is to be provided on the site having regard to soil • conditions of the site (the landscaping is to be as shown on the plot plan which is being filed with the Common Clerk); (4) a fence is to be erected across the rear portion of the site (a fence of 4 feet in height will be provided along the rear portion of the proposed site; (5) appropriate measures are to be taken to ensure that storm drainage on surrounding properties will not be increased (seeding will take place on parts of the site which should reduce run -off to some extent; Mr. Carr has also discussed with Mr. Robichaud of the Works Department the measures to be taken to ensure that storm drainage on surrounding properties will not be increased; according to Mr. Carr's solicitor, some arrangements can be made to effect this - for example, the parking area to be provided on the site for the tenants and visitors is to be graded with water running to a catch basin on Dufferin Row -this allegedly has been approved by Mr. Robichaud, with Carr Construction to install the catch basin). The letter suggests that it might be advisable for the re- zoning to take place after the Common Council has been assured by the Works De- partment that the water supply and surface drainage problems are to be met to the satisfaction of the City and after the resolution and the agreement recommended by the Advisory Committee have materialized. , Mr. Barry Roderick then spoke on behalf of his client, Mr. J. Gregory Cherry, who owns a property immediately adjoining the lot that is proposed for re- zoning and development as above noted. He J advised that his letter to Common Council outlines the objection of his client to this proposed use of O the lot. He stated that this afternoon he viewed the revised plans and noted that between Mr. Cherry's lot and the land subject to the re- zoning application there is to be constructed a 4 -foot high coneret wall, 208 fee long, which his client feels would be a crude type of landscaping. He advised that Mr. l/ Cherry's original larger home is not too far away from this particular location on Lancaster Avenue and Che /'NGJ he bought his said vacant lot adjoining the land proposed for the apartments with the intention of ✓ building a smaller home for himself for purposes of his retirement; Mr. Cherry likes the particular site because of the good view it affords of the harbour and the new Canadian Pacific ferry facilities, and he feels that the apartments project will block that view. He stated that another objection to the proposed development is the fact that it is "spot" re- zoning. He referred to an extract from a publication called "The Canadian Law of Municipal Corporations" by Rogers, Volume 2, Page 807, which states, "there is some question whether council once having established a restricted area within which a certain type of building • can only be erected, and later exempt a particular parcel of land or building from its provisions, or impose further restrictions on the parcel ", and stated that he is saying what they are doing with regard to the lot that is subject to the re- zoning is exempting that lot from the provisions of the one- and two - family requirement - they are saying you can do pretty well what you want as regards multiple family use and, of course, a 23 -unit apartment building is supposed to go up in this space. He stated that he spoke this afternoon with Mr. Rodgers, the City Solicitor, and Mr. Roderick feels that with tabling of this matter this evening it might also be in order, along with the tabling, that possibly the City Solicitor be consulted from the point of view of discussing whether or not this application should go through, is a by -law that cannot be successfully attacked by an application to quash it in the Supreme Court. He stated that if the particular by -law is granted and the tabling resolution is passed and is found to be legal, he wonders what is the format of the type of resolution the Council is considering, ' with reference to Section 39 of the Community Planning Act; he read the said Section 39 at this time. With reference to the wording in the said Section 39 "the Council may by resolution set oi;t the proposal" he stated he does not think that the Council has seen the plans. Noting that the land is a mountain of rock and that it could be expensive to excavate there, he asked if the developer has the financial capacity to erect the type of building we are talking about; he asked what kind of a building the developer proposes to erect. Further in the said Section, he noted it says "impose reasonable terms and conditions concerning uses of the land, building and structures, site lay -out and design including parking areas, landscaping, entry and exit ways" and "external design appearances spaces of building and structures and ' other matters which are considered relevant to the situation ", and stated that what he is suggesting is that if a resolution is passed approving this re- zoning that it be a specific resolution tied precisely to the plans that have been submitted. Referring further to the said Community Planning Act, he noted that sub - section 3 of Section 39 prescribes time limits, and he asked how long is the developer going to be in constructing the project and how long is the disruption in the area going to continue. He further referred to the said Section, "and provide that upon re- zoning any building or structure shall of be developed but used in accordance with the proposal set out ", and noted that we are talking about other uses once it becomes the zoning sought by the applicant in this case. He stated that another point to consider in this time of high construction costs and high mortgage rates is the question of whether the particular applicant has the financial capacity to carry through this particular project - he does know whether this has been looked into. He noted that Section 39 (1)(b) provides that the City of • Fot aint John can enter into an agreement with Mr. Carr or whoever is behind Carr Construction Ltd., setting F, 261. Councillor Parfitt, a member of the Planning Advisory Committee, suggested that the matter be tabled until Council obtains a report from the Water Department and the City Solicitor. Councillor Cave felt that the pressure must be low in the area under discussion, regardless of the 5/8 inch size of the water pipes leading into the existing homes, and he made the point that if more water is taking for the proposed apartment building, it will reduce the water pressure of the existing homes there; that is why he wants a complete investigation before he would support the proposed re- zoning. It was noted that no other person or persons wished to speak in the matter, to make objection. �Od Mr. Rod MacKenzie of McKelvey, Macaulay, Machum & Fairweather, Barristers, was present representing / Carr Construction Ltd. and in reply to the points made by Mr. Barry Roderick, he stated there are a good many �y�1dC!(c°/7,Z/ examples of "spot" zoning in the immediate area; in addition, many of the objections raised by Mr. Roderick are ��� /C/SC��yB�%' i surely the City's business to determine. He advised that Mr. Mitchell Carr, who is a well known builder in the /vocaaln ly' city for the past number of years, was present at the meeting and was willing to answer any questions the Council might wish to ask. /'d //'iVP.d'Lj In reply to Councillor Higgins' question as to whether he is willing to meet with the residents of the area and discuss their opposition to certain things along the same lines as the communication he has had already with the Planning Advisory Committee which resulted in certain changes being made in the proposal, and if he is ' willing to so meet if the Planning Advisory Committee arranges a meeting with the residents or their representative'. Mr. Carr and the said Committee for the purpose of possibly resolving any difficulties and for having dialogue between all the parties, Mr. Carr stated he was so willing. He advised that he met with Mr. Robichaud and Mr. Zides and reviewed the things that had to be done and Carr Construction Ltd. sent a letter in on October 16th with regard to meeting their specifications that they wanted on the five items that they sent to the company that had to be clarified. With regard to the matter of water pressure, Mr. Carr stated that he went to the City Works Department who assured him there was plenty of water pressure there to supply the building without any pump or anything; the tot lot has been provided on the lot as a per thing; the landscaping will be done in accordance with the plan the company submitted to Mr. Zides and the Planning Advisory Committee; the fence would be erected across the back of the property, of wood, four feet in ehight, which the company in its letter has indicated it would do. Councillor MacGowan stated she would like to know, if there is adequate water there why the residents who are there now cannot have adequate water, and that she would think that before the Council approves anything that the water pressure should be brought up because if it is possible to supply these extra houses then there ® must be sufficient water to do it. She urged that if that is the case, give them the water pressure, but if you cannot get pressure on the second floor of a home now it is not a very good situation, and she stated she would think that the Council should request the Water Department to look into the situation and see that that water pressure is raised, immediately. On motion of Councillor M. Vincent Re-Zon,�ihGJ Seconded by Councillor Cave Coat, (.aI7 - RESOLVED that the matter of the proposed re- zoning for Carr Construction Ltd. be laid on the table and referred,back to staff for a further study and a report, and that Mr. Zides be asked to arrange a meeting between representatives of Carr Construction Ltd. and the residents of the neigh- bourhood, to discuss their differences. On motion of Councillor A. Vincent �hlL�HBG/ Hfj Seconded by Councillor Green E� tGX D �� n RESOLVED that the above mentioned letters of objection to the proposed re- F + 4G oning for Carr Construction Ltd. be laid on the table with all the other pertinent correspondence and referred �.�ilt!ahR�T back to the staff for a report. Councillor Davis made note that this has nothing to do with "spot" zoning - the Council is not requesting Rodgers to check the "spot" zoning by -law - this has only to do with water pressure. dcCPt %O Mr. Joseph Perry was present as spokesman for residents of Charles Street, Saint John East, who by P.- petition ask that sewer services be provided for this street and that the present undesirable septic tanks situation be looked after immediately, and advised that sewer services have been provided half way along this street and these residents know that there is not sufficient funds this year in the City's budget to provide the Ts / /er/ balance of the facilities to complete the work, but they feel that next year's budget should allocate funds for P/ J his purpose. He pointed out that the fact that there are 40 families on this street, many of them with larger _i 410 rj tva families, and that the septic tanks which service their homes have been there and in use for 17 years by many of these same families, and that these septic tanks are now becoming troublesome to the residents, it would be a ery urgent matter for the Council to consider providing the sewer facilities within the next twelve months. He s6vek -f" -W/V/ added that because some of the septic tanks are not functioning properly, there is an odour in that particular out the matters set forth in sub - section (1) of Section 39 - a specific agreement. He noted that possibly this is what the Planning Advisory Committee is talking about, in its above noted letter, when it makes the recom- mendation conditional upon certain things; he suggested that possibly it should be an agreement that we are talking about because one of the big advantages of the agreement is contained in Section 39, sub - section (6) which states, "before entering into agreement with a person under this section, council may require such person to deliver a performance bond acceptable to council, assuring implementation of the agreement ". Noting that there is a proposal before this meeting of Council in this matter, to build a certain type of building, he asked what guarantee we have that the project is going to be completed. He noted that the adjoining property line between his client's land and the property that is subject to the re- zoning contains 17 parking spaces for the proposed apartment building, and the 4 -foot concrete wall is for the purpose of shielding his client's land from the lights from the vehicles using these parking spaces. He felt that this is a matter that is of questionable benefit to the area. Mr. Roderick then referred to Section 70 of the Community Planning Act, stating he does not know whether this is the case yet but he wished to draw it to the Council's attention: there have been written ✓. C/�eyo ry objections, and are we in a situation now that falls within Section 70 of the said Act, which states, "Where written to to ". objection a proposed by -law amend a re- zoning by -law is signed... He stated that in making this CLjerrw presentation in outlining his client's objection to the proposed re- zoning, he is pointing out that if this ✓✓ matter is passed and the objections that have been submitted are sufficient, it may be that it requires the unanimous vote of Council to pass the proposed re- zoning. He stated he was drawing to the Council's attention that it might be a case, having regard to the objections that have been presented - he does not know; possibly this might be a matter where this particular type of section comes into play -if it does, possibly the names and ' addresses and locations of the people who are objecting should be made available and a study done of this to ensure that it is not a majority situation, but it might be a unanimous situation. Councillor Parfitt, a member of the Planning Advisory Committee, suggested that the matter be tabled until Council obtains a report from the Water Department and the City Solicitor. Councillor Cave felt that the pressure must be low in the area under discussion, regardless of the 5/8 inch size of the water pipes leading into the existing homes, and he made the point that if more water is taking for the proposed apartment building, it will reduce the water pressure of the existing homes there; that is why he wants a complete investigation before he would support the proposed re- zoning. It was noted that no other person or persons wished to speak in the matter, to make objection. �Od Mr. Rod MacKenzie of McKelvey, Macaulay, Machum & Fairweather, Barristers, was present representing / Carr Construction Ltd. and in reply to the points made by Mr. Barry Roderick, he stated there are a good many �y�1dC!(c°/7,Z/ examples of "spot" zoning in the immediate area; in addition, many of the objections raised by Mr. Roderick are ��� /C/SC��yB�%' i surely the City's business to determine. He advised that Mr. Mitchell Carr, who is a well known builder in the /vocaaln ly' city for the past number of years, was present at the meeting and was willing to answer any questions the Council might wish to ask. /'d //'iVP.d'Lj In reply to Councillor Higgins' question as to whether he is willing to meet with the residents of the area and discuss their opposition to certain things along the same lines as the communication he has had already with the Planning Advisory Committee which resulted in certain changes being made in the proposal, and if he is ' willing to so meet if the Planning Advisory Committee arranges a meeting with the residents or their representative'. Mr. Carr and the said Committee for the purpose of possibly resolving any difficulties and for having dialogue between all the parties, Mr. Carr stated he was so willing. He advised that he met with Mr. Robichaud and Mr. Zides and reviewed the things that had to be done and Carr Construction Ltd. sent a letter in on October 16th with regard to meeting their specifications that they wanted on the five items that they sent to the company that had to be clarified. With regard to the matter of water pressure, Mr. Carr stated that he went to the City Works Department who assured him there was plenty of water pressure there to supply the building without any pump or anything; the tot lot has been provided on the lot as a per thing; the landscaping will be done in accordance with the plan the company submitted to Mr. Zides and the Planning Advisory Committee; the fence would be erected across the back of the property, of wood, four feet in ehight, which the company in its letter has indicated it would do. Councillor MacGowan stated she would like to know, if there is adequate water there why the residents who are there now cannot have adequate water, and that she would think that before the Council approves anything that the water pressure should be brought up because if it is possible to supply these extra houses then there ® must be sufficient water to do it. She urged that if that is the case, give them the water pressure, but if you cannot get pressure on the second floor of a home now it is not a very good situation, and she stated she would think that the Council should request the Water Department to look into the situation and see that that water pressure is raised, immediately. On motion of Councillor M. Vincent Re-Zon,�ihGJ Seconded by Councillor Cave Coat, (.aI7 - RESOLVED that the matter of the proposed re- zoning for Carr Construction Ltd. be laid on the table and referred,back to staff for a further study and a report, and that Mr. Zides be asked to arrange a meeting between representatives of Carr Construction Ltd. and the residents of the neigh- bourhood, to discuss their differences. On motion of Councillor A. Vincent �hlL�HBG/ Hfj Seconded by Councillor Green E� tGX D �� n RESOLVED that the above mentioned letters of objection to the proposed re- F + 4G oning for Carr Construction Ltd. be laid on the table with all the other pertinent correspondence and referred �.�ilt!ahR�T back to the staff for a report. Councillor Davis made note that this has nothing to do with "spot" zoning - the Council is not requesting Rodgers to check the "spot" zoning by -law - this has only to do with water pressure. dcCPt %O Mr. Joseph Perry was present as spokesman for residents of Charles Street, Saint John East, who by P.- petition ask that sewer services be provided for this street and that the present undesirable septic tanks situation be looked after immediately, and advised that sewer services have been provided half way along this street and these residents know that there is not sufficient funds this year in the City's budget to provide the Ts / /er/ balance of the facilities to complete the work, but they feel that next year's budget should allocate funds for P/ J his purpose. He pointed out that the fact that there are 40 families on this street, many of them with larger _i 410 rj tva families, and that the septic tanks which service their homes have been there and in use for 17 years by many of these same families, and that these septic tanks are now becoming troublesome to the residents, it would be a ery urgent matter for the Council to consider providing the sewer facilities within the next twelve months. He s6vek -f" -W/V/ added that because some of the septic tanks are not functioning properly, there is an odour in that particular /�e�i�i ors re server se�rrice .�ohd !ssae 30,hd _4 Ssme r+ePo/*� re des�9�i C'ouh. �• �hcerr, AQA0u -'' 7ee 14le 121,4e Sece m Ci v/c eerire During ensuing discussion, Mr. Barfoot explained that this sewerage item certainly could be considered with items for the 1975 capital budget, although it is a fairly expensive piece of work and it has to be considered in line with the other priorities for sewering the eastern district; ;here is a long -range programme for sewering the sub - divisions in the eastern part of the city which do not have a sewerage service at the moment - some of them which were proposed for work this year have been postponed until next year - he would have to check the details of the programme to determine whether Charles Street is one of those. He advised that the cost to complete the section of Charles Street in question is approximately $165,000.00. Councillor M. Vincent asked if this particular item is passed now as a priority for these Charles Street people for 1975. In reply, Mr. Barfoot stated he would say it is a second priority - the Myles Sub - division is first priority, he think. Councillors Cave and MacGowan raised the question as to whether a pumping station is required regarding Charles Street or whether it would be just an extension of the sewer line. Mr. Barfoot advised that an extension of the trunk sewer is required before the lateral can be installed up Charles Street, and that is part of the big job; no pumping station is required. Councillor Cave stated that this particular area is'one of ttie first areas that was built up in that part of the Lakewood district, and he is afraid of the costs that the residents would be faced with in having to renew the existing septic tanks, there having been one case of same already that he knows of, at a cost of $1,000.00, last summer. He felt that the City shoti_d make this particular item on Charles Street a first priority item, if at all possible. One of the residents of Charles Street who was present registered her objection to the fact that the work on Charles Street in question was not completed under the surplus 1974 capital budget funds, whereas such funds were allocated to the item for provision of sewers on Woodward Avenue. She maintained that although the purpose of that sewer work was to overcome flooding conditions in the Woodward Avenue area, there is also a flooding condition in the Lakewood area that has to be corrected, which would have warranted the spending of the said funds there this year. The Mayor advised the delegation that the Council will take the presentation under consider - and render a decision later on. On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the following resolution be adopted, naniely:- "WHEREAS by resolution of the Common Council dated October 15, 1974 the Commissioner of Finance authorised to call for bids on an issue of debentures in the amount of $2,500',000 to be dated Dee- r 1, 1974; AND WHEREAS the said debentures were authorised to bear interest at a rate not exceeding 11 per gentum.per annum; AND WHEREAS the Commissioner of Finance has reported that he called tenders on the basis of the debentures bearing interest at the rate of 10 3/4 per centum per annum: THEREFORE BE IT RESOLVED that the action of the Commissioner of Finance be and is hereby tified: AND BE IT FURTHER RESOLVED that the said debentures shall bear interest from December 1, 1974 the rate of 10 3/4 per centum per annum such interest to be paid half- yearly on the lst day of June December in each year of the currency of the said debentures." , Councillor A. Vincent voted "nay" to the above motion. On motion of Councillor A. Vincent Seconded by Councillor Davis RESOLVED that the Common Council meet at 2.00 o'clock p.m. on ctober 30th next to open tenders for City debentures which close at that time. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager the report from General Urban Systems Corporation concerning the Saint John Central Area Urban Design be referred to opriate staff and Commissions for study and recommendations. Councillor A. Vincent asked that staff return the question: on page 66 of the above named eport he wonders if that is any indication that the General Urban Systems Corporation who :produced this eport that they do not really want the Labour temple was because they did not mark it in osa the Design. e noted that they have not got the museum, and it is marked in on the Design. He stated twat he is very nterested in a Labour Temple for this city and has some key to financing, and if that is really the rban Systems design, then the Labour people might as well start their own Temple, because it does not elp the Labour group any to tell the International Unions that are interested in building ;1 Labour emple and in lending money at a very low rate of interest which the International Union has done in the ast and is prepared to do in the future. He called attention to the fact that the said Design calls for comprehensive complex of buildings, but no Labour Temple. He stated he wonders if that is an indication hat we do not want the Labour Temple. The Mayor replied that it was his understanding that, a Labour emple was to go in there. Councillor A. Vincent replied that it is his understanding that they have sked him to hold off. He stated that if they do not want this Labour Temple there, he is prepared to go head and try to get the 56 Unions together and build a Labour Temple without the complex because the nions are not short of funds to build it. Mr. Barfoot stated this is one of the reasons the report is rought to the attention of Council; there may be a number of items like this which are not shown; econdiy, with respect to Market Square itself, this is the concept of General Urban Systems Corporation he do not have the execution on the Market Square development. Councillor Green'felt that the remarks ade by Councillor A. Vincent regarding this particular report can be taken up by the staff and Com- issions who are to study the report and make recommendations, and the said remarks can be included in he report to come back to Council. He noted that the said report from General Urban Systems Corporation s not binding on any decision by this Council, anyway. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the letter from the City Manager, recalling that in 73, because of the voluntary conservation of energy policy that prevailed, the date of inaugurating the ristmas decorative lighting was set at December 19th rather than December 1st, and stating; that the • • • • r ?63 estimated cost of this same shorter period in 1974 is $10,300.00 and that he recommends this shorter period, and • further stating that if the earlier date is used for commencing this programme the additional cost will be approximately $1,200.00, and recommending that the expenditure of $10,300.00 for Christmas decorative lighting be approved and that the date for commencing this programme be December 18th, 1974, be received and filed and the recommendation adopted. yhti n ale _ re/oort Moved in amendment by Councillor Green Seconded by Councillor Cave RESOLVED that the Christmas decorative lighting programme commence December llth, 1974. Question being taken, the amendment was carried with the Mayor and Councillors Green, Cave, Pye, A. Vincent, M. Vincent and Davis voting "yea" and Councillors Higgins, MacGowan, Kipping, Gould, Parfitt and Hodges voting "nay ". On motion of Councillor A. Vincent COi�1/r1/ GUh Seconded by Councillor M. Vincent RESOLVED that the Committee of the Whole report containing recom- mendations from Committee of the Whole meetings of October 15th and 21st, 1974, be laid on the table until Committee of the Whole or legal session to afford an opportunity to Councillor A. Vincent to confer with the City Manager on certain points in the Kates, Peat, Marwick & Co. organizational study report with reference to subject matter in the said Committee of the Whole report. Councillor A. Vincent stated that the items in the said report of Kates, Peat, Marwick & Co. that he I wishes to discuss are on page 111 -12 and on page 14 -5, and that he wishes to have this discussion with the City Manager before he can vote on that Committee report. c9 /+BPO/ Question being taken, the motion to table was carried with the Mayor and Councillors A. Vincent, M. �,iCy /rfyr. Vincent, MacGowan, Gould, Parfitt, Green and Pye voting "yea" and Councillors Higgins, Davis, Kipping, Hodges and Cave voting "nay ". Mrs. Gladys Dougay of the Sproule Road was present, in support of her letter written on behalf of a number of the residents of this Road who request the Council's consideration and support for the up- grading and chip - sealing of the road and the installation of street lights. The letter notes that there are 28 homes on this road which is approximately one -half mile in length, and that of these, 10 homes have been erected in the past three years and most of the other 18 were built in the past ten years. The letter advises that City crews // are endeavouring to keep the road graded so that it is passable, and that this road level is now lower than the OWC//e5 driveways and because of the lack of ditches and drainage, the road becomes flooded and there are numerous 1�la�ih age washouts during rainy periods and in the spring run -off, which makes the road dangerous for pedestrians. The letter points out that protection would be afforded to the residents by installation of street lights and more frequent patrolling by the Police Department. On motion of Councillor Hodges ' Seconded by Councillor Gould RESOLVED that Mrs. Dougay be heard. ya�S Mrs. Dougay stressed that the Sproule Road needs improvement work to be done on it before the winter 0 / weather sets in. She added that water is running down the middle of this road at the present time. Mr. Barfoot 0(4Qa7iGj advised Mrs. Dougay that the Council has requested a report on this matter and we will be looking into this in a sP� O ✓ ✓u�E, ✓✓ moment. Councillor A. Vincent asked if the Council should be looking at a combination of several roads in the general area, including Charles Street and the Sproule Road. The Mayor stated that the matter will be looked �n1v /n9i into. Councillor Hodges noted that it needs to be looked into on both sides of the Sproule Road. JGeeaFh On motion of Councillor M. Vincent Councillor Parfitt stated that there is nothing the Council or the Planning Advisory Committee could Seconded by Councillor A. Vincent RESOLVED that in accordance with the recommendation of the Planning Advisory Committee with regard to the application made by Dr. A. F. Goodfellow that the Common Council consider amending the Zoning By -Law to permit an office for one doctor or one dentist in an "RS -2" zone, to permit the erection of a medical office on property located on the north side of Loch Lomond Road opposite the Irving Oil N/9 Refinery, authority be granted to proceed to advertise the following proposed amendment to Section 20, sub- y - S d!✓ section (2) of the Zoning By -Law:- (1) by redesignating clauses (1) to (n) inclusive as clauses (m) to (o) dh7NhG�p inclusive; (2) by inserting a new clause (1) after clause (k) to read as follows, "l. An office for one doctor or dentist ", and that the letter from the said Committee advising that the Zoning By -Law already contains a similar provision in the "RM -1 ", Multiple Family Residential zone and that the Committee is not, at this time, GCG'/ S t giving serious consideration to including a similar provision in more or all of the other types of residential vTT /C e zones in the City, be received and filed. or, /9/,�F cT00(tTc l/O A report from the Planning Advisory Committee was considered, with reference to the petition received by Council on September 30th last from residents of the Mount Pleasant Avenue area in Saint John East, who expressed their strong opposition to the construction of the Jervis Bay Branch of the Royal Canadian Legion on / MC// that street, which was forwarded to the Committee for its comments to Council, advising that the Committee to the date the subsequent said notified residents of a meeting scheduled to be held on .October 22nd and that 00~ 7. members of Council were also invited to appear at that meeting, and that as a result of the said meeting the 1 A/[//O�, Committee advises the Council that, while the proposed use is permitted under the existing zoning, the Committee /?; ea SahZ� understands that the Legion and the Irving interests have not concluded their negotiations for the site and the AvP Committee has, therefore, suggested that the residents could approach both groups with the view towards a more suitable location The possibly elsewhere. letter states that while there is nothing that the Planning Advisory Committee do the it ✓/49/7/ can about law as presently applies, it is sympathetic to the concerns of the �Q A ,.neighbouring f/ property owners, and it would therefore also suggest that perhaps the Council could use its good ^ 4 offices to assist the local residents in such discussions with the Legion and the Irving interests. The letter notes that the point was raised at the meeting that Mount Pleasant Avenue would have to be widened in connection with the causeway over -pass, and it is assumed by the Committee that the City is doing this. Councillor A. Vincent advised that Esso Oil owns the old pottery property and it is now for sale. He made the suggestion that if the Legion Branch were to apply to purchase this property, it could probably be obtained from Esso Oil. Councillor Cave made the suggestion that if the three parties get together with Mr. Irving who owns lots of land in the general area, it may be possible for the Legionn Branch to locate on other lands, such as MacDonald Street, where there would be no objection to same, and that this would resolve the matter. Councillor Parfitt stated that there is nothing the Council or the Planning Advisory Committee could 264 Councillor MacGowan felt that the Council has to take a stand on the question as to whether or not it wants the Planning Advisory Committee to make a variance, and that the Committee should know how the Council feels in the matter. She noted that the Council has received quite a bit of correspondence on the matter, and she felt that the Police Department should have some in -put in this matter, also, to see if that Department thinks it is advisable to have another proposed beverage room in that whole block. She expressed the view that it is a heavy concentration of beverage rooms in that oae block and that it is creating a problem and that definitely the Police Department is in a position to tell the Council whether the Department would recommend it - whether it is going to assist the Department in its work or whether it is going to add to our problems. She felt that we have a problem of this nature down on Germain Street and that we do not want any more such problems. Councillor Parfitt stated that the variance she did not like, if it is given, is that another beverage room would be allowed to locate within 1,000 feet of another tavern or cabaret or within 600 feet thereof in any other direction. She advised that there was only a 3 -2 vote in this ma-,ter at the Planning Advisory Committee meeting. She stated she would like to have more in -put from the people of his city as to whether we can have another liquor outlet in that block. She noted that there are merchants there who pay big taxes. She stated that with regard to the parking matter, she is told by he merchants that even though signs are put up in the back of the properties that it is pr : -vate parking f�eve/�9e nd that unauthorized cars parking there would be towed away, this would still be defied and unauthorized arking would take place. She stated that, as well, she feels that the Chief of Police and others x6701" hould have in -put in the beverage room matter, to provide information to Council on what is going to is do about the Legion Branch locating because this land is zoned for heavy industry on Mount Pleasant Avenue, and as such, thie establishment could go there; therefore it seemed the only thing to do was to employ a personal approach, and she has sent a letter to Mr. Arthur Irvine giving all the facts, and she • hopes to receive a letter from him as to an alternate site for the Legion Branch. On motion of Councillor Higgins �� Or Seconded by Councillor M. Vincent ndSa �Dyd/a,v, , e % ,y0 RESOLVED that office of the Mavor be asked to delegate any Councillors he deems advisable to use their offices to assist the local residents of Mount Pleasant �h!// 5 �e�l�. r• .DY Avenue, Saint John East in discussions with the Jervis Bay Branch of the Royal Canadian Legion and the Irving interests the 1 rvi� i rrL�re regarding site for the said Branch. Councillor A. Vincent advocated that the Land Committee be included in the above motion, to have the matter handled 'through the Committee rather than through the Mayor. Councillor Higgins replied that the intent of his motion is to resolve the problem through communication, no matter who is in- volved, and maybe, as stated by Councillor A. Vincent, the best starting point is the Land Committee to bring in a recommendation to Council whether it be a group of Councillors to meet with Irv.[ng and the Legion and a group from the residents, or what have you. The Mayor noted that under the above motion, /iahlL C^",)712J(ee he could turn the matter to the Land Committee or whatever group he feels can help resolve the problem, and he is prepared to do that. On motion of Councillor M. Vincent Seconded by Councillor Higgins 4`61/1 le�r41/"h RESOLVED that the letter from Mr. Neil Franklin, of Gilbert, McClean, Gillis & Jones, Barristers, on behalf of Mr. Jack Levine who is concerned over a proposed variance in parking requirements favouring the business entity known as Club Eldiaz which •.t is believed is in the process of establishing a beverage room outlet, advising that Mr. Levine feels that the T / / e- parking situation in the immediate area is congested and, at the best of times, inconvenience to those Ne;?cI , evIn people who live and work in this vicinity (Sydney Street), and that any variance in the by -laws that C /GGQ � /d1OV'Z would lower the number of parking spaces required by the said Club would only make matters worse and • would ultimately give rise to a traffic and parking situation intolerable to all concerned. and that, f�arifi nGj S consequently, Mr. Levine would object to any such variance in the parking by -laws and trusts that Council will his give objection due consideration before, arriving at any final decision in this regard -- be received and filed. Reference was made to the letter dated October 24th, 1974 from the Municipal Planning Director in regard to the correspondence from Gilbert, McGloan, Gillis & Jones on behalf of Mr. Jack. Levine, advising that the question of the proposed beverage room for Club Eldiaz was before the Planning Ad- visory Committee in relation to the distance from other nearby taverns, cabarets, et cetera as well as parking, and that after hearing from both the applicants and a number of objections, the Ccmmittee agreed that it would be willing to grant a variance from the City requirement that a beverage room, termed "tavern" under the City's Zoning By -Law, be not located within 1,000 feet of another tavern or e/u d /d r "az cabaret on the same street or within 600 feet thereof in any other direction, after the applicants have provided the fourteen off - street parking spaces required under the Zoning By -Law at a location and on terms of time acceptable to the Committee (in other words, the Committeee has so far made no variance in , the off- street parking requirement for the proposed beverage room). The letter further states that the applicants have been advised of the Committee's decision and have informed the Planning Department that they are presently negotiating for the necessary off- street parking spaces, and will advise the said Department as soon as further information is available. Noting that he understands that negotiations are going on at the present time regarding parking spaces for Brunswick Square, Councillor A. Vincent asked for clarification of a legal point because he understands that the Planning Advisory Committee is considering variances. He noted that here are so many visible parking spaces up there and if they cannot produce the required number of physical parking spaces, then they have to come back to the Common Council; he maintained t -iat the Common Council is the only body that can make the change in this respect, and not the Planning Advisory �9uare Committee; he stated he wanted that clear, for the record. He asked Mr. Rodgers this question: can the Planning Advisory Committee change the requirement regarding the number of parking lots by making a variance regarding requirements in the • r�ti nq a� parking area without coming before this Common Council. He asked 'f, with reference to the Club Eldiaz beverage room matter that is presently before the Coiuxcil, they are negotiating for the full amount of parking lots required, or for variance. Mr. Rodgers replied that he Planning Advisory Committee has been advised that on the subject of variance with respect to require- d parking spaces that the Committee would be well advised to let the Common Council deal wi1,h the matter in the first instance under the Parking Commission by -law where money can be paid in lieu of parking - hat is a Council decision - but he has not advised the Planning Advisory Committee that if the Committee id vary it it would be legally wrong; in his opinion, the Planning Advisory Committee has -,he discretion o grant variances. Councillor MacGowan felt that the Council has to take a stand on the question as to whether or not it wants the Planning Advisory Committee to make a variance, and that the Committee should know how the Council feels in the matter. She noted that the Council has received quite a bit of correspondence on the matter, and she felt that the Police Department should have some in -put in this matter, also, to see if that Department thinks it is advisable to have another proposed beverage room in that whole block. She expressed the view that it is a heavy concentration of beverage rooms in that oae block and that it is creating a problem and that definitely the Police Department is in a position to tell the Council whether the Department would recommend it - whether it is going to assist the Department in its work or whether it is going to add to our problems. She felt that we have a problem of this nature down on Germain Street and that we do not want any more such problems. Councillor Parfitt stated that the variance she did not like, if it is given, is that another beverage room would be allowed to locate within 1,000 feet of another tavern or cabaret or within 600 feet thereof in any other direction. She advised that there was only a 3 -2 vote in this ma-,ter at the Planning Advisory Committee meeting. She stated she would like to have more in -put from the people of his city as to whether we can have another liquor outlet in that block. She noted that there are merchants there who pay big taxes. She stated that with regard to the parking matter, she is told by he merchants that even though signs are put up in the back of the properties that it is pr : -vate parking f�eve/�9e nd that unauthorized cars parking there would be towed away, this would still be defied and unauthorized arking would take place. She stated that, as well, she feels that the Chief of Police and others x6701" hould have in -put in the beverage room matter, to provide information to Council on what is going to is I 265 Councillor Higgins stated it is his impression that there would be dialogue between the applicants and ' the Planning Department in the matter, which he presumes is going to come back to Council in the matter. Mr. Zides, in reply, stated that it would not come back to Council because, as the City Solicitor has said, the matter of variances under the by -law is something that, if you are going to have them at all, you can only have in the hands of the Planning Advisory Committee - therefore, which writes the by -law, can either have variance or have none at all - if Council wants to have variances it has to delegate them through the Planning Advisory Committee, and that Committee makes the decision, and that decision is not appealable to the Council; however, it may be appealed on various grounds - a misapplication, or special hardships - to the Provincial Planning Appeal Board. With reference to the present Club Eldiaz' parking spaces set -up, Mr. Zides explained that if the particular use existed in a building and the requirement was for a certain number of parking spaces for a period regarding such use, and the particular use changed and the new use generated the same or less parking spaces than those required, they do not have to provide any more than were there before, and if they generate more than the required number under the previous use, they provide the difference between the new number required and the number that were required before in the way of demand. He stated that in the case under discussion, the store that was there had one or two parking spaces, and now you are creating more demand and you have to meet that demand. Councillor MacGowan expressed the view that this is rather ridiculous, and that the Council had better change the law. On motion of Councillor Higgins n Seconded by Councillor Green RESOLVED that the above mentioned letter from the Municipal Planning �O/n,w. Director be received and filed and the Common Council ask the Planning Advisory Committee not to grant a variance rlrj insofar as parking is concerned, in the matter of the application from Club Eldiaz to establish a beverage room S C E$ in its Sydney Street premises. On motion of Councillor M. Vincent .pia Pro - C2SS /rjq�J e9ai irl�hz 46 tvv 140,4 Bus/qq ess ol1%achines Flna'we_P9 .CPa.Se Zed reh�enary �• /etijot� /St CY�urr! �'har�esS't hey /Gf/NhL�S S'eWe/�C�e 0 �/���g5.z�u ��d e Seconded by Councillor Green RESOLVED that in accordance with the recommendation made by the City ager and the Commissioner of Finance, authority be granted to accept the offer of Burroughs Business Machines to up -grade the principal component of the data processing equipment system, namely, the central processing t model E -6000 with a recently introduced model B 700 which will enable improved procedures to be followed, return for an extension in the lease (the extended lease will be for a period of five years and will supersede existing lease for its unexpired term) the monthly rental for which was quoted at $2,320.00 on August 9th, 4 in place of the existing rental but this is subject to price changes that become effective before delivery: AND FURTHER that the covering letter, advising that the said improved procedures are principally that diture records will be available on a day to day basis for the information of civic departments instead of on a monthly reporting basis as at present, and the change will also be co- ordinated at a later date with register replacement, be received and filed. On motion of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that the letter from the City Solicitor, with regard to the estion raised at the Council meeting of October 21st last about the possibility that the land which was nveyed from the City in 1876 to the Trustees of the Centenary Methodist Church at 252 Princess Street, which operty is now owned by Leesha H. Zed, might have subsequently reverted to the City, advising that the 1876 ed has been examined and it is impossible to give a firm opinion on the words of limitation wherein the emises were granted to the Trustees and their successors upon trust to "hold, use and occupy the same as and r a parsonage house ", and that this opinion is given in the light of the absence in the deed of any reference a reversionary interest in the City as well as the time period involved with respect to this matter, and rther advising that if the Council, however, is desirous of meeting the request of Mr. Charles F. Whelly, C., solicitor for Mrs. Zed, in that the City take steps to correct any outstanding interests, itis his recom- ndation that the Council authorize the Mayor and Common Clerk to execute a Quit Claim Deed containing a ctification recital -- be laid on the table until next week and Councillor A. Vincent be given an opportunity see the original of the Council minutes that authorized the said deed of 1876. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the petition submitted by residents of Charles Street, John East, who request completion of sewerage installations on this street, be referred to the City r and his recommendation in this regard be referred to the Budget Committee for special consideration. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that with regard to the letter from Mrs. Gladys Dougay, tten on behalf of a number of residents of the Sproule Road who request the up- grading and chip - sealing of s street, as well as installation of street lights, the City Manager be instructed to carry on the investigation this Road and to forward his recommendation to the Budget Committee for special consideration. 3eveF fe Councillor Hodges called attention to the point that the reference to "within 1,000 feet of another d tavern or cabaret" referred to "on the same street ", while discussion is making reference to the block, and he cautioned that the said 1,000 -foot distance does not apply around a corner into another street - therefore, this point must be borne in mind; if it were applied as 1,000 feet in the same block, it .would be a different story.. In explanation of the requirement of fourteen off - street parking spaces, referred to in the letter from Mr. Zides, Councillor Parfitt advised that the proposed beverage room would seat 140 persons, and one !7 A— parking space is required for every ten persons to be accommodated. Mr. Zides advised that this requirement is the -Z same in the case of a tavern and a church. He stated that the Planning Advisory Committee was asked to f'2arki r�y grant a variance for the Club Eldiaz proposed beverage room - so far, the Committee has not done so, but whether the Committee will or will not in the future, he cannot say. He stated that the key point is that the Committee / has not made a variance in respect of parking, but it has it would make a variance in respect of the distance between that particular beverage room and another tavern or cabaret if the full parking was provided; at present, the distance without the variance is as set forth in his letter of October 24th, 1974 to Council - a tavern which, under our by -law, includes a beverage room be not located within 1,000 feet of another tavern or cabaret - which would be that, plus a club - on the same street. He stated that it would be in that requirement regarding distance that a variance would be made provided that the applicant can provide the fourteen required off - street parking spaces at a location and at such times as are acceptable to the Planning Advisory Committee. Councillor Higgins stated it is his impression that there would be dialogue between the applicants and ' the Planning Department in the matter, which he presumes is going to come back to Council in the matter. Mr. Zides, in reply, stated that it would not come back to Council because, as the City Solicitor has said, the matter of variances under the by -law is something that, if you are going to have them at all, you can only have in the hands of the Planning Advisory Committee - therefore, which writes the by -law, can either have variance or have none at all - if Council wants to have variances it has to delegate them through the Planning Advisory Committee, and that Committee makes the decision, and that decision is not appealable to the Council; however, it may be appealed on various grounds - a misapplication, or special hardships - to the Provincial Planning Appeal Board. With reference to the present Club Eldiaz' parking spaces set -up, Mr. Zides explained that if the particular use existed in a building and the requirement was for a certain number of parking spaces for a period regarding such use, and the particular use changed and the new use generated the same or less parking spaces than those required, they do not have to provide any more than were there before, and if they generate more than the required number under the previous use, they provide the difference between the new number required and the number that were required before in the way of demand. He stated that in the case under discussion, the store that was there had one or two parking spaces, and now you are creating more demand and you have to meet that demand. Councillor MacGowan expressed the view that this is rather ridiculous, and that the Council had better change the law. On motion of Councillor Higgins n Seconded by Councillor Green RESOLVED that the above mentioned letter from the Municipal Planning �O/n,w. Director be received and filed and the Common Council ask the Planning Advisory Committee not to grant a variance rlrj insofar as parking is concerned, in the matter of the application from Club Eldiaz to establish a beverage room S C E$ in its Sydney Street premises. On motion of Councillor M. Vincent .pia Pro - C2SS /rjq�J e9ai irl�hz 46 tvv 140,4 Bus/qq ess ol1%achines Flna'we_P9 .CPa.Se Zed reh�enary �• /etijot� /St CY�urr! �'har�esS't hey /Gf/NhL�S S'eWe/�C�e 0 �/���g5.z�u ��d e Seconded by Councillor Green RESOLVED that in accordance with the recommendation made by the City ager and the Commissioner of Finance, authority be granted to accept the offer of Burroughs Business Machines to up -grade the principal component of the data processing equipment system, namely, the central processing t model E -6000 with a recently introduced model B 700 which will enable improved procedures to be followed, return for an extension in the lease (the extended lease will be for a period of five years and will supersede existing lease for its unexpired term) the monthly rental for which was quoted at $2,320.00 on August 9th, 4 in place of the existing rental but this is subject to price changes that become effective before delivery: AND FURTHER that the covering letter, advising that the said improved procedures are principally that diture records will be available on a day to day basis for the information of civic departments instead of on a monthly reporting basis as at present, and the change will also be co- ordinated at a later date with register replacement, be received and filed. On motion of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that the letter from the City Solicitor, with regard to the estion raised at the Council meeting of October 21st last about the possibility that the land which was nveyed from the City in 1876 to the Trustees of the Centenary Methodist Church at 252 Princess Street, which operty is now owned by Leesha H. Zed, might have subsequently reverted to the City, advising that the 1876 ed has been examined and it is impossible to give a firm opinion on the words of limitation wherein the emises were granted to the Trustees and their successors upon trust to "hold, use and occupy the same as and r a parsonage house ", and that this opinion is given in the light of the absence in the deed of any reference a reversionary interest in the City as well as the time period involved with respect to this matter, and rther advising that if the Council, however, is desirous of meeting the request of Mr. Charles F. Whelly, C., solicitor for Mrs. Zed, in that the City take steps to correct any outstanding interests, itis his recom- ndation that the Council authorize the Mayor and Common Clerk to execute a Quit Claim Deed containing a ctification recital -- be laid on the table until next week and Councillor A. Vincent be given an opportunity see the original of the Council minutes that authorized the said deed of 1876. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the petition submitted by residents of Charles Street, John East, who request completion of sewerage installations on this street, be referred to the City r and his recommendation in this regard be referred to the Budget Committee for special consideration. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that with regard to the letter from Mrs. Gladys Dougay, tten on behalf of a number of residents of the Sproule Road who request the up- grading and chip - sealing of s street, as well as installation of street lights, the City Manager be instructed to carry on the investigation this Road and to forward his recommendation to the Budget Committee for special consideration. *2 66 On motion of Councillor Gould Seconded by Councillor MacGowan • RESOLVED that this meeting continue, in legal session. Councillor A. Vincent requested that certain items listed in the Committee of the Whole section of the agenda be considered at this time, in open session; or, that following the legal session, the C�.nini "thee Council then take up some of the said Committee of the Whole items in open session. The Mayor replied that the Council can come back into open session, following the legal session. Councillor A. Vincent was asked what items he wished to have dealt with in open session rather than in Committee of the Whole, and he stated that he objects to item 20 being dealt with in Committee of the Whole. It was noted that it was placed in Committee of the Whole because the party concerned requested it. L E G A L Question being taken, the motion was carried with Councillor A. Vincent voting "nay ". ' On motion of Councillor A. Vincent 1. That Mr. Charles A. Robichaud be appointed to the position of Executive Director of Operations of the City of Saint John. On motion of Councillor Pye Seconded by Councillor M. Vincent nn re RESOLVED that Councillors Hodges and MacGowan, the City Solicitor Whole report be adopted. and the City Manager and any other members of staff required, be a committee to meet with Mr. Robert M. /�/ Q C.1amlles ,/' Vincent and the Mayor voting "yea" and Councillors Higgins, Cave, Green, MacGowan, Gould, Parfitt and M. Waters regarding damages to his property incurred when the sewer line was installed, and that Mr. Watters' Vincent voting "nay ". Gf%a�ers letter of October 18th, 1974 in this matter be referred to the said committee. ' .7ama�es At 9.25 o'clock p.m., the Council met in Committee of the Whole, and at 10.25 o'clock p.m., the Seconded by Councillor Green e Committee arose and the Mayor resumed the Chair in open session of Common Council, when there were present nl/, h Came h/go � e$ all Councillors and Messrs. D. French, Director of Personnel and Training, R. Dhar, City Architect, P. Councillor MacGowan stated that she stated her opinion before, she found this a very difficult W aC 0W0 n Clark, Fire Chief, J. C. MacKinnon, Acting Director of Works - Operations, and E. Ferguson, Chief of Police. 01'e, JO //C /LEON Read report of the Committee of the Whole it was too late at night and she said she felt that way - she was not sure how she would vote in open Ci �i. /1%an�ye ( as follows) to vote for Mr. Robichaud was that he was an excellent planner, that we were in dire need of a planner for To the COMMON COUNCIL of the City of Saint John the City of Saint John, so she went along with the motion; one of the Councillors asked her if she was �om�n /fie content and she made negative reply to that query because whichever way she voted she still would feel GULi o% The Committee of the Whole reports sleepless hours and tried to come up with a decision; last week -end, she finally reached the solution as Your Committee begs leave to .report that it sat on October 15th, 1974 when there were present his department can operate to the fullest efficiency is if we have two good men, one in charge of planning Mayor Flewwelling and Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacCowan, Parfitt, ' and one in charge of what we consider the Commissioner of Works duties right now. She stated that she Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, Question being taken, the motion was carried with the Mayor and Councillors Cave, Green, Higgins, namelv:- Gould, A. Vincent, Parfitt and M. Vincent voting "yea" and Councillors MacGowan, Pye, Davis, Hodges and 1. That Mr. Charles A. Robichaud be appointed to the position of Executive Director of Operations of the City of Saint John. On motion of Councillor Pye Read the next section of the Committee of the Whole report , (as follows) Your Committee begs to report further that it sat on October 21st, 1974 when there were present or Flewwelling and Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, , A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, P1v-- That the appointment of the Executive Director of Operations be effective October 29th, 1974, d that the basic salary for this position be $20,600.00 per annum. On motion of Councillor Green .Sa /airy � Seconded by Councillor Higgins RESOLVED that the above recommendation in the said Committee of he Whole report be adopted. �omrn/ i`�e Seconded by Councillor Davis RESOLVED that the above recommendation in the said Committee of the Whole report be adopted. Question being taken, the motion was lost with Councillors Kipping, Davis, Hodges, Pye, A. /�/ Q C.1amlles ,/' Vincent and the Mayor voting "yea" and Councillors Higgins, Cave, Green, MacGowan, Gould, Parfitt and M. Vincent voting "nay ". kXec„O%p, vi,- On motion of Councillor Cave 01pe )- 6,0175 Seconded by Councillor Green e RESOLVED that Mr. J. Claude MacKinnon be appointed to the position nl/, h of Executive Director of Operations of the City of Saint John. m/C /aeeale AC,144 Oh Councillor MacGowan stated that she stated her opinion before, she found this a very difficult situation; she thinks that it should never have reached a point where Council had to decide between two • very excellent men, which she thinks was most unfortunate; she was not ahppy after the first vote because it was too late at night and she said she felt that way - she was not sure how she would vote in open Council when the time came - last week, she still was not content, but the thing that swayed her decision to vote for Mr. Robichaud was that he was an excellent planner, that we were in dire need of a planner for the City of Saint John, so she went along with the motion; one of the Councillors asked her if she was content and she made negative reply to that query because whichever way she voted she still would feel most unhappy that it looked as though we would lose a very excellent member of staff; she scent many sleepless hours and tried to come up with a decision; last week -end, she finally reached the solution as far as she was concerned - she wants both these men in the City service and she feels the only way that his department can operate to the fullest efficiency is if we have two good men, one in charge of planning ' and one in charge of what we consider the Commissioner of Works duties right now. She stated that she will therefore vote against the above motion, as well. Question being taken, the motion was carried with the Mayor and Councillors Cave, Green, Higgins, Gould, A. Vincent, Parfitt and M. Vincent voting "yea" and Councillors MacGowan, Pye, Davis, Hodges and ipping voting "nay ". Read the next section of the Committee of the Whole report , (as follows) Your Committee begs to report further that it sat on October 21st, 1974 when there were present or Flewwelling and Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, , A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, P1v-- That the appointment of the Executive Director of Operations be effective October 29th, 1974, d that the basic salary for this position be $20,600.00 per annum. On motion of Councillor Green .Sa /airy � Seconded by Councillor Higgins RESOLVED that the above recommendation in the said Committee of he Whole report be adopted. �omrn/ i`�e I ?67 rp On motion of Councillor Higgins • /��, f 17py5 ' Seconded by Councillor M. Vincent / r 6 RESOLVED that the letter from the Expansion Committee of the Saint u S,T. �oz�ar John Boy's and Girls' Club asking that a group of members of the Saint John Rotary Club be permitted to appear before a closed meeting of Common Council in order to discuss with the Council future plans for the Saint John e /(�6 Boys' and Girls' Club, be received and filed and the request granted. On motion of Councillor Hodges _ Seconded by Councillor A. Vincent S. ✓. Fire RESOLVED that the letter from the Saint John Fire Fighters' Assoc - / iation, Local Union No. 771, asking that this Union be included in the meetings and negotiations that are being //-/ conducted between the City of Saint John and the other three civic employee Union Locals regarding cost of / 5 5 OC, NO' living bonuses to the civic employees, be received and filed and the request granted. 7�7+/ Cosh O r On motion of Councillor A. Vincent // l// /7GJ %r/C Sv.F Seconded by Councillor Davis RESOLVED that the letter from the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. advising that pursuant to the provisions of the Collective Agreement, the said Union hereby advises that the decision of the Common Council on October 21st, 1974 with respect to the ' men's Biro grievance on the dismissal of Allan Molasky and Roger N. Bevans contrary to the provisions of the Collective t� O Agreement and the regulations is not satisfactory, namely, that the dismissal of these Constables on October A55 0e'• /Y � 8th, 1974 was in violation of the provisions of the present Working Agreement, Article 6 (2) (1) whereby there G'ri e once was no Notice of Hearing, no written statement in writing, and no representations were allowed, in that the 01S m X,S 151 Regulations allowed such, and advising that, accordingly, the Union proposes to refer the matter to arbitration A /bn 4104_ / and has appointed Mr. Shawn Hennessey of Ottawa, as the nominee of the Union, and requests the City to appoint a nominee in accordance with Article 12 (1), be received and filed and Mr. Thomas L. McGloan, Q. C. be appointed RogeHv,,, the City of Saint John nominee regarding the grievance of the Police Department. i ZI _ ­X On motion of Councillor A. Vincent TfioMas Z, Seconded by Councillor M. Vincent RESOLVED that the correspondence from the City Manager relating to negotiations between the City of Saint John and Saint John City Hall Employees' Local 486, C.U.P.E., Saint John Fire Fighters' Association, Local No. 771, Saint John Civic Employees' Union, Local 18, C.U.P.E. and Saint John �9rI Policemen's Protective Association, Local No. 61, C.U.P.E. for a cost of living adjustment, be received and filed and the counter offer received from the said four Unions to the City's offer, be granted, namely:- that cps �'�'�_ the Union Locals 61, 486 and 771 members be granted $12.50 per week and Union Local 18 members be granted 31¢ % h�! %hC°/�SL° per hour commencing Sunday, October 27th, 1974, to be considered a cost of living adjustment and to form part of the said civic employees' base salary for all intents and purposes. Cl{-IC Unloris Councillor Kipping voted "nay" to the above motion on principle, that we are not backing up our negotiating committee's offer - that is, we are accepting the Union offer which has certain conditions with which he does not agree. On motion of Councillor A. Vincent Seconded by Councillor Cave /Ylla - l/h /Oh RESOLVED that all officials and non -union employees be granted $12.50 per week commencing Sunday, October 27th, 1974, to be considered a cost of living adjustment and to form part of the �°MP�vyEL°S said civic employees' base salary for all intents and purposes. cc,St W /i a% %hClc°c7S� Councillor Kipping voted "nay" to the above motion on principle in that he thinks that the timing is wrong - he thinks that the non -union employees are not represented by the Union and they should be permitted to ask for, or not to ask for, this raise, and that the matter should be separated in time. He stated he is not against them having extra money if they want it and if they deserve it. Councillor Higgins expressed the belief that the Mayor and Councillors voted the increases for the civic employees covered by the Unions because it was ® the right and proper thing to do in a very positive manner - it is right and proper that this Council should show leadership in the rising cost of living - and he believes, also, that the non -union employees, because the Council did something that was right and correct, should have this offered to them. Councillor A. Vincent stated that he supported the raises because he felt it was the right thing to do and that it would probably deter the non -union people from organizing, which they have the right to do. Councillor M. Vincent stated he voted in favour of the amount of money as a cost of living factor because he felt that it was the proper and fair thing to do because of an escalating cost of living of which the employer or employee had no knowledge or no expectancy at the time of any previous working agreements - his only reason for voting in favour of it was because it was right, proper and just to give the people an equitable means of living. Councillor Hodges stated that he supports the fact that everybody receives the same amount of increase, and noted that we have to treat all our employees alike. Councillors Parfitt and Green spoke in support of the motion. Councillor Cave also spoke in support of the motion. On motion of Councillor Hodges Seconded by Councillor Davis ` de O74!�' RESOLVED that the Common Council go on record with a vote of confidence in the Council's choice of Mr. J. Claude MacKinnon as the Executive Director of Operations of the City of Saint 0'14 %d6I7Ce John. /%%aC�ryryo On motion The meeting adjourned. WO�ra�iOn 6KZ:�:� Commo erk. 268 At a Common Council, held at the City Hall, in the City of Saint John, on Wednesc.ay, the eth day of October, A. D: 1974, at 2.00 o'clock p.m. present • E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Hodges, Parfitt and MacGowan - and - Messrs. N. Barfoot, City Manager, and R. Park, Commissioher of Finance On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that the Common Clerk be authorized to open the six that were received with respect to the current issue of debentures by the City of Saint John. The following bids were thereupon opened by the Common Clerk: Richardson Securities of Canada, Merrill Lynch Royal Securities Limited and Wood Gundy Limited - $100.568 per $100.00 debenture; Walwyn, Stodgell and Gairdner Ltd., Syndicate Managers, Burns Bros. & Denton Ltd., Toronto Dominion Bank, The Bank of Nova Scotia, Crang & Ostiguy Inc., and Scotia Bond Company Ltd. - $100.52 per $100.00 debenture; Nesbitt, Thomson Securities Limited, Dominion Securities Corporation, Harris & Partners Limited, Pitfield, Mackay Ross and Company Limited, Bank of Montreal, Winslow and Winslow, and Tasse & Associes Ltee - $99.577 per $100.00 debenture; McLeod, Young, Weir and Co. Ltd., Fry Mills Spence Ltd. and Bell, Gouinlock and Co. Ltd. $99.30 per $100.00 debenture; The Royal Bank of Canada, Grenier, Ruel and Cie. Inc. and A. E. Ames and Co. Ltd., Syndicate Managers - $99.23 per $100.00 debenture; Levesque Beaubien - $98.92 per $100.00 debenture. On motion of Councillor Cave . Seconded by Councillor MacGowan RESOLVED that the Commissioner of Finance, Mr. R. Park, be equested to submit a recommendation on the above tenders. Mr. Park recommended that the highest bid be accepted, namely, that of Richardson Securities of Canada, Merrill Lynch Royal Securities Limited and Wood Gundy Limited. 5:5 It e On motion of Councillor MacGowan The meeting adjourned. 41L Common Cle • 1 • Seconded by Councillor Cave Thaler ' RESOLVED that the highest bid received be accepted, namely, that of ,?0e Richardson Securities of Canada, Merrill Lynch Royal Securities.Limited and Wood Gundy Limited to purchase / oh" $2,500,000.00 City of Saint John, New Brunswick debenturesdated December 1, 1974 maturing serially in ' amounts as stipulated in the call for tenders and are to be otherwise stipulated therein at the rate of U7- $100.568 per $100.00 debenture - subject to the following conditions contained in the said tender bid: - (1) that the debentures be a charge against the City of Saint John, New Brunswick; (2) that the legality of this issue be approved by the syndicate's solicitors at their expense or that each debenture bear the certificate of the Comptroller General of the Province of New Brunswick as required by the Municipal RIO eC/.(.f* %t�A Debenture Act; (3) to the form of debenture being satisfactory to the syndicate's solicitors and themselves; (4) to no further debentures being sold or offered for sale by the City of Saint John for a period of 4�zzi sixty days from the date of acceptance of this tender without the consent of the syndicate; (5) to the �Yaod delivery of definitive debentures not being delayed more than approximately thirty days after legal �y uh ✓ approval without consent of the syndicate. On motion The meeting adjourned. 41L Common Cle • 1 • I E • Ta{�ic �- .S�ez� lone CYiiee' /la�ee J07/0/7 0 ' 7hrouoh stirs "Snap signs Mc'trytom: /'cc ro e .Co, Cove ,loo ; 7yiortre 9veP�usspN A ve. se,4601 cevsw- .7�r. fr. ffigJi school Tt6,vr1 /C ,ay -,Cam (17/ Ol7 st- 7%;Irou� Si/+2t3 „�OfJ �S /�l�: .�LF�G'MNht/ D, w'I ev9hu�s5 olo a�o✓orc�o,� ex�» d /ill hPS i99-f) /V4 lrtxA r�pnrt"s C /x/ ptoV,6?oke., he 2)69 At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fourth day of November, A. D. 1974, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Parfitt, and Pye x.10 Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, P. Clark, Fire Chief, E. Ferguson, Chief of Police, D. Carter, Economic Co- Ordinator, M. Zides, Municipal Planning Director, D. French, Director of Personnel and Training, and D. Buck, Redevelopment Officer The Reverend Michael LeBlanc of St. Pius X Church, offered a prayer which opened the meeting. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that minutes of the meeting of Common Council, held on October 21st last, be confirmed. On motion of Councillor Higgins Seconded by Councillor Davis RESOLVED that minutes of the meeting of Common Council, held on October 28th last, be confirmed. On motion of Councillor Davis Seconded by Councillor Hodges RESOLVED that minutes of the meeting of Common Council, held on October 30th last, be confirmed. On motion of Councillor Parfitt Seconded by Councillor Cave RESOLVED that the letter from the City Manager, with reference to the four recommendations from the Traffic and Safety Committee which the Common Council, at its meeting of October 21st last, referred to the Chief of Police and to staff for a report, submitting the comments of staff on the said recommendations, namely:- (1) stop sign at Union and Germain Streets and Wellington Row intersection: the staff concurs with the Committee's recommendation that Union Street be a "through" street, and that "stop" signs be placed on Wellington Row and Germain Street; (2) rotary traffic truck route: the Committee recommend- ed that all truck traffic, other than service traffic, use the Lower Cove Loop when travelling from west to east, that is, from Dock Street to Haymarket Square, and that in conjunction with this, rotary traffic on Thorne Avenue, Russell Street, and Rothesay Avenue be in effect Monday through Friday, from 6.00 a.m. to 6.00 p.m. daily - in connection with this recommendation, a draft traffic by -law was presented to Council earlier this year incorporating truck route designations - this by -law has been further worked on by Mr. J. C. MacKinnon and is now in the process of further review by Chief Ferguson and others prior to coming back to Council - this draft by -law could also be reviewed by the Traffic and Safety Committee - until this preliminary work is done designation of a particular truck route may well be premature; with respect to the rotary itself, the present part -time arrangement appears to be working reasonably well and no changes in hours is recommended at this time; (3) school cross -walk - Bayside Drive Junior High School: the staff is not in favour of this as dis- cussions with the School reveal very little use for this cross -walk; (4) cross -walk warning signs - Chesley Drive: warning signs will be placed at appropriate locations - -- and recommending that the Traffic By -Law be amended to recognize Union Street as a "through" street, with Germain Street and Wellington Row to be "stop" streets-- be received and filed and the said recommendation adopted for the said amendment to the Traffic By- Mr. Barfoot advised that, with regard to the recommendation on the rotary traffic truck route, this ary system has been in effect as an emergency traffic handling system by the Chief of Police and it seems to working reasonably well - the intention is to reflect this by a by -law amendment fairly soon, with a recom- .dation to be made for such amendment, but not at this time. He pointed out that it is still under further iew and experimenting is still being carried on regarding the traffic rotary system, and the truck route. On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that the statement of revenue and the statement of appropriation expenditures„ for the nine -month period ended September 30th, 1974, prepared by the City Chamberlain, be eived and filed. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the reports for September of the Fire Department, the lding and Plumbing Divisions of the Technical and Inspection Services, and the Water and Sewerage Division the Works Department, be received and filed. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the City Manager advising that at the quest of The Cities of New Brunswick, and with the assistance from the Department of Regional Economic pansion, the Province of New Brunswick is planning to carry out a study of public transit in the six cities this province which will be made by traffic consultants under the guidance of a steering committee composed Federal, Provincial and Municipal representatives, under the joint chairmanship of an official from the said deral Department, and one from the Provincial Department of Economic Growth; that the submitted terms of ference for the study have been drawn up by the Department of Economic Growth and circulated to The Cities :270 association for comment; that the City of Saint John Transportation Committee and the Planning Department have examined the said terms of reference and, in addition to its own considerations the Transportation Committee consulted City Transit Limited and gained that company's approval of the study, and the Planning Department has given general approval; that the major points of concern to the Transportation Committee and the said company are the integrity for the franchise agreement, and the recognition of Saint John's unique situation by those responsible for the study, and the Transportation Committee also realises that the study may have grant implications for the City - for these reasons the Committee has asked the Department of Economic Growth to allow Saint John to have two representatives on the study steering committee, one of whom will be a member of the transportation Committee, the other of whom will �'+ be responsible for grant opportunities which may arise from the study - if this condition ".s met, the JvzU Gad/ re Ro" Transportation Committee is prepared to approve the terms of reference; and advising that the City Manager concurs in the recommendation of the Transportation Committee and that he also recommends the fax i s e�vi ce approval of the terms of reference subject to the condition of the Transportation Committee being met -- be received and filed and the recommendation adopted with the request that the subject of taxi service be included in the terms of reference of the said study: AND FURTHER that a copy of this resolution be forwarded to The Cities of New Brunswick. Councillor Davis, who had raised the question of including the study of taxi service in the terms of reference of the above named study and who advocated that it be included, felt the point is quite valid because in a great many cases the only means of transportation is by taxi in many districts in the province. Councillor Cave noted that a meeting of the Transportation Committee is to be held on November 5th, and stated he hoped a recommendation would be coming from that meeting with regard to the said public transit study matter. In reply to the question of Councillor Parfitt, as to the transporting of passnegers on rail lines and whether this subject would be included in the study, the Mayor commented that he thinks that subject could be worked into the discussions. Councillor A. Vincent entered the meeting during the aforegoing discussion. On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that as recommended by the City Manager, the following construction progress certificates and approved invoices for engineering services in connection with �X�b7 ✓ ✓h S /D/7 projects that have been undertaken under the Department of Regional Economic Expansion programme, be paid, namely:- c �/uSeu�7 / 1. Courtenay Bay Causeway Approaches d a Cne Goodyear Paving Limited PPConstruction of Eastern Approaches G'dddUPo7P QV /h Total value of contract ✓✓ �t� Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, September 28, 1974 COb- t�Q9 ,rte (b) Power Commission of the City of Saint John Relocating P.C.S.J. facilities Payments previously approved Sum recommended for payment, Progress Payment Number 4, October 17, 1974 (c) Murdoch - Lingley Limited Engineering services (property survey) Payments previously approved Sum recommended for payment, Progress Certificate Number 11, September 30, 1974 (d) Phase II, Bayside Drive Railway Overpass Callaghan Contracting Limited Total value of contract Total work done Retention 15% Payments previously approved Sum recommended for payment, Progress Estimate Number 7 for September 1974 (e) Province of New Brunswick, Department 2. East Residential Land Bank Proctor & Redfern Limited Engineering services and supply of materials Engineering services in connection with external services to Land Bank $ 4,027.85 03444 $ Payments previously approved 03304 2,968.28 03448 Sum recommended for .payment, Invoice Number 1915, 985.89 03449 406.68 Progress Payment Number 7 6,050.29 3. Bayside Drive Reconstruction and Extension 4Wys1de0_r1ye I've 03460 (a) Power Commission of the City of Saint John ever �'oylmiss/Q 03466 Relocating P.C.S.J. facilities 03352 90.00 Payments previously approved 72.35 03353 296.54 Sum recommended for payment, Progress Payment Number 3, October 15, 1974 COb- t�Q9 ,rte (b) Power Commission of the City of Saint John Relocating P.C.S.J. facilities Payments previously approved Sum recommended for payment, Progress Payment Number 4, October 17, 1974 (c) Murdoch - Lingley Limited Engineering services (property survey) Payments previously approved Sum recommended for payment, Progress Certificate Number 11, September 30, 1974 (d) Phase II, Bayside Drive Railway Overpass Callaghan Contracting Limited Total value of contract Total work done Retention 15% Payments previously approved Sum recommended for payment, Progress Estimate Number 7 for September 1974 (e) Province of New Brunswick, Department of Highways Engineering services and supply of materials Payments previously approved Invoice Number 03289 $ 4,027.85 03444 $ 1,986.81 03304 2,968.28 03448 903.64 03330 985.89 03449 406.68 03331 6,050.29 03458 681.56 03348 2,987.68 03460 1,047.04 03350 4,472.63 03466 56.16 03352 90.00 03489 72.35 03353 296.54 03490 2,970.10 $ 671,856.00 379,368.09 56,905.21 294,714.07 $ 27,748.81 $ 15,102.84 $ 301.70 $ 17,958.32 $ 7,902.14 $ 25,860.46 $ 50201 $ 14,387.30 $ 305.00 $ 247,404.00 209,145 -_'O 31, 371. E1 135,880.74 $ 41,892.84 $ 45,071.1.5 I • W//. "o eel Sewer lrrc�er�ro v. 14-�BrJM nl J, i el • .Ctrl. II 1�ern � C /iy /a Coh�la�c"� ihcre�se, /YJoderh .emu /�il% h9 C' /eah /r�9 27 :1 03354 82.50 03491 2,603.92 03398 404.74 3522 2,426.12 03400 818.04 3529 13.00 03440 4,962.19 3530 1,114.60 3565 4,161.82 CREDIT Total payment recommended $ 38,266.79 4. Western Residential Area Collector Sewer Q. E. D. - Interprovincial Engineering Engineering services Payments previously approved $ 87,625.76 Sum recommended for payment, Invoice Number 912, September 30, 1974 $ 208.97 Councillor Cave asked whether it is anticipated that the eastern approaches to the Courtenay Bay causeway will be completed and ready for traffic use this fall. In reply, Mr. Barfoot advised that the rough work was to have been done this fall, but there have been some delays, and he will have to check with the Engineering Department on the details of the matter, whereupon he will make a report for the information of Council. On motion of Councillor Pye Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the City Manager, approval be granted for payment of the following invoices for equipment rental to the Works Department:- Stephen Construction Company, Limited - October 1 -15, 1974 (dated October 16, 1974) $ 2,628.00 D. Hatfield Limited - October 1 -15, 1974 (dated October 17, 1974) $ 11,836.11 On motion of Councillor Pye Seconded by Councillor Cave RESOLVED that the quarterly report of the Recreation and Parks Department covering the period from July lst to September 30th, 1974, be received and filed. On motion of Councillor Higgins Seconded by Councillor Davis RESOLVED that the letter from the City Manager on the questions raised at the September 23rd and October 7th last meetings of Common Council as to whether the City has a contract for cleaning of the City premises in the City Hall building and whether the City should call public tenders or have to work done by its own staff, advising that when the City moved to the City Hall building in June 1971 these questions were thoroughly explored and it was decided to go to contract services, except for the security areas in the Police Department, public tenders were called and Modern Building Cleaning was awarded the contract - the original contract has been extended by mutual agreement, and with one rate adjustment only, as authorized by Common Council as of May lst, 1973 - Modern Building Cleaning requested a further adjustment as of January lst, 1974 but this was not recommended by staff to Council - the increases which are before Council at present are, however, recommended by staff as being reasonable; and further advising that Modern Building Cleaning has stated that they will find it financially impossible to carry on with cleaning services after November 30th, 1974 at the present rates because of the increased salaries they have been required to pay, some of which were legislated through the Province of New Brunswick Minimum Wage Act; that with respect to the City doing this service with its own staff, it seems unlikely that with current difficulties in attracting staff, and current wage and salary levels that any savings would result - however, should the Council agree to his original recommendation, then the question of recalling the contract or of using the City's own staff could be looked at again during 1975; that with regard to the suggestion that this contract be only extended to the end of 1974, the City Manager would not recommend that this course be followed as the City is only one tenant in this building and cleaning services must be co- ordinated to be effective - having regard to the time of year and to the other urgent priorities in the City this matter could well be considered next year; and recommending that the contract price of Modern Building Cleaning for supplying janitorial services for the area of the City Hall complex occupied by the City be increased by $380.00 per month, effective August 1st, 1974, for a total of $2,775.75 per month, with further increases of $282.34 per month from January 1st, 1975 to June 30th, 1975, for a total of $3,058.09 per month, and $281.47 per month from July lst, 1975 to December 31st, 1975, for a total of $3,339.56 per month - - -be received and filed and authority granted to increase the said contract price of Modern Building Cleaning as recommended by the City Manager's letter, with the recommendation to City staff that they bring in their recommendation, regarding recalling the contract or using the City staff for such cleaning services, to Council not later than July 1st, 1975• Councillor MacGowan asked if, with regard to the said increase in the contract price to Modern Building Cleaning which is effective August 1st, 1974, we are assured that the staff will get that increase and that it will not just go into the funds. She noted that this point is not mentioned in the City Manager's letter. In reply, Mr. Barfoot stated he presumes that the staff would have already been paid for August lst so it is a question of them having made an application about two months ago for this revision of the rate; since that time, it has been tabled and studied by Council and this is just their original request restated. Councillor MacGowan stated that she would like to know that the staff is going to get the retroactive pay if we are agreeing to paying it. Mr. Barfoot confirmed that the wage increase have already taken place; since this contract was last suggested by Council in May 1973 there have been two wage adjustments already given to their staff and the City has made no adjustment in its payments. Councillor A. Vincent felt that when Modern Building Cleaning negotiated the contract it must have taken into consideration the future raises for its employees, and he also felt the matter of wages to its employees is a lame excuse regarding the request for an increase in the contract price. He stated he would like the City Manager to provide an itemized account of how they come to this amount of money. He felt that it will be found that management has added a certain amount of percentage on it. He added that he is not interested in Modern Building Cleaning. Mr. Barfoot replied that he does not have an itemized statement of how these increases were made - they were contract rates quoted to the City. Councillor A. Vincent stated that his point is that if the complete amount of money was going to the cleaning people that is one thing, but if part of it is going to management or the owners, that is another thing, although he realizes that the owners' office staff costs and overhead increases as well; he therefore would like to have a breakdown and the names of the staff of the cleaning people so he could check with them and ask them if they got this increase. The Mayor called his attention to the fact that the letter tells Council that they have already made the payment to the individuals and now the costs of the cleaning people are up and they need the increase in the contract price. Councillor A. Vincent noted that the cleaning people are talking about retroactive payment of the increase to August lst, 2. f/ RP owner r Clapzerew dJdCOG�n�Yl-ZS S %z`em e��s /9 73 f%adi�aNS rgs,011 �pleh �hsz�r, Spruae�a/re irr�,,Fe pipe X re IcR emadw, �fu/ S.S. "d 1974, and he asked if they made a payment to their employees thinking that the City would be paying this increase in the contract price. In reply, Mr. Barfoot advised that the City is not paying the said • cleaning company on a unit price basis, but is giving the company a contract rate which covers labour, materials, overhead, administration and everything else - we do not adjust it on a labour rate basis; the argument of the company for raising the rates is increased cost of labour and materials since May 1st, 1973• Councillor A. Vincent made the point that we know what the wages were that were being paid to the company-'s employees in 1973 and we know that the company's wages were legislated by the Provincial Government because the company was paying such low wages - therefore, we know that the company is not making any large increase in wage payments to its employees. He stated that he is completely opposed to the request of the said company for the increase in contract prices from the City. Mr. Barfoot advised that we are faced with a contract for cleaning services for the building premises which is a certain sum per month, and we either have the choice of increasing the contract or of cancelling it and recalling , further contracts; he does not think we can go on under the present contract terms because Modern Building Cleaning has advised him that it cannot carry on any longer at the price that it is getting, which was effective May 1st, 1973• Councillor Gould felt there is no reason to make the increase retroactive to August lst, 1974 if the request came from the contractor September 23rd, 1974 - he felt that it probably would be reasonable for the increased rate to start at October 1st, 1974. He noted that it would come to an increase of approximately forty per cent over the present rate, and stated he is not sure that is necessary. "nay". Question being taken, the motion was carried with Councillors A. Vincent and Gould voting ' On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that in accordance with the recommendation of the City Manager, authority be granted for payment of the sum of $16,500.00 to H. R. Doane and Company, chartered accountants, for professional services rendered in the preparation of financial statements for 1973 and reporting thereon, and in the examination of City records for 1973• In reply to the question of Councillor A. Vincent as to whether the City ever calls tenders for • the services of auditors, Mr. Park stated that it is not the practice to do so when fees for services of a professional nature are concerned. Councillor A. Vincent made the comment that the above fee of these auditors is a lot of money without a tender call, and that other professional people might be interested in bidding to provide these services. Question being taken, the motion was carried with Councillor A. Vincent voting "nay" On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that as recommended by the City Manager, approval be given for payment of the invoice from Stephen Construction Company, Limited in the amount of $29,779.41 for the supply of asphalt to the Works Department during the period October 16th to 31st, 1974• On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from the City Manager advising that on July 22nd, 1974 the Common Council approved calling tenders for the supply and installation of pipe for partial replacement of the Spruce Lake Intake section of the Musquash water supply project:, and on August 26th, 1974 the Council approved the award of a tender in the amount of $29,596.00 to Canron Ltd. for the supply of the piping materials, and that tenders were advertised and closed on October 25th, 1974 for the installation of the said pipe work the engineer's estimate having been $140,000.00 for thi: l work, and further advising that the tenders were reviewed by the City's consultant, MacLaren Atlantic! Limited who recommend that the contract be awarded to Ruliff Grass Limited in the amount of $145,316.00 and that the Works Department is in agreement with this recommendation, and that it is the recommendation of the City Manager that the contract be so awarded, and that the Liaison Committee is in agreement with this recom- mendation -- be received and filed and the said contract be awarded to Ruliff Grass Limited_ in the amount of $145,316.00. Councillor A. Vincent referred to the estimate on the piping material pre - tender: of $29,596.00 and asked if that amount was supposed to come out of the original estimate, and if this amount should not be added to the said original estimate of $140,000.00, to properly compare it with the tender price. In reply, Mr. Barfoot stated he does not recall the exact figure - that may be the case - he believes the engineer's estimate was an up to date one, probably, made immediately before the tenders were submitted and could have varied from the original estimate submitted to Council. Councillor Parfitt noted that this tender award has gone to an Ontario firm, and she asked if this is subject to that firm using local labour, procurable here. Mr. Barfoot advised that there is a local labour requirement in our contract documents. Question being taken, the motion was carried with Councillor Cave voting "nay" The Council members confirmed that the ensuing two meetings of Common Council will be held on 12th (because of Armistice Day falling on Monday, November 11th), and on November 18th next. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law /fie117 of h !� of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning of fourteen areas of land recommended in the letters from the Planning Advisory Committee dated May 13th, 1974 and July 23rd, /2f d hE�7 5' 07, 1974 from their present "R -lA" One - Family Residential, "P" Park, "I -1" Light Industrial, "RM -1" One- and _ _,_/ /�nd5 Two - Family Two- Storey and Two- or Three- Storey Multiple Residential, "RS -2" One- and Two- Family Suburban /4�/� //// Residential, and "R -2" One- and Two - Family Residential districts, to "P" Park, "R -lB" One - Family Resid- ��� O h '�QGIL° ential, "R -2" One- and Two - Family Residential, "RM -1" One- and Two- Family Two- Storey and Two- or Three - Storey Multiple Residential, and "RS -2" One- and Two - Family Suburban Residential districts classifications, respectively, as listed in the said letters from the Planning Advisory Committee, be read a third time and enacted and the Corporate Common Seal affixed thereto. Councillor Gould questioned the above amendment, which lists the Havelock School as a re- zoning Park district to One Family Residential district, as he felt the intent was to retain the School as Park district. • • I • /!f d/^ec73/�- X* 1 �aVe%Clf . Sciioo/ ' fie- zohih9 701leSand 71 a. side ; e- .ZO,0�i// G'�ear�e e O. ,fie/ %y • 7�e- zonia9 COMMA A Ur6�ri 6r,C._Fwr- /6 / ?7 On motion of Councillor Kipping Seconded by Councillor Gould RESOLVED that the above proposed amendments to the Zoning By -Law be laid on the table for clarification of the proposed re- zoning of the Havelock School (sketch number 74 -10), and that the matter be considered at the next meeting of Council. Question being taken, the motion to table was carried. On motion of Councillor Pye Seconded by Councillor Davis RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto' insofar as it concerns re- zoning an area of land in the Sand Cove Sub - division being the northern portion of Lot 59, having a frontage of approximately 500 feet on Allingham Crescent with a depth of approximately 110 feet, from "EM-l" up to three - storey multiple district, to "R -1B" one - family residential district, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Pye Seconded by Councillor Hodges RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto' insofar as it concerns re- zoning an area of land 58 feet by 185 feet at 75 Golden Grove Road from "RS -2" One -and Two - Family Suburban Dwelling district to "B -2" General Business district, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A Law to Amend.The Zoning By -Law of The City of Saint John and Amendments Thereto" was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Pye Seconded by Councillor Davis RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning an area of land having a frontage of 124 feet on Golden Grove Road and a depth of 430 feet and being located opposite the intersection of Golden Grove Road and Parkhill Drive from "RS -2" One- and Two - Family Suburban Dwelling district to "I -1" Light Industrial district, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" was read in its entirety prior to the adoption of the above resolution. 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 begs leave to report that it sat on October 28th, 1974 when there were present Mayor Flewwelling and Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, namely:- 1. That the offer of G. E. Barbour.Company Limited dated October 22nd, 1974 be accepted, and that the property F- 6- 19 -30, L- 6- 19 -33, L- 6- 19 -36, 16 North Market Wharf belonging to the said company, be purchased for the figure of $658,950.00, free and clear of encumbrances and any other interests whatsoever, this figure to cover the following:- Realty $ 639,015.00 Machinery & Equipment 15,635.00 Fees (Legal & Appraising) 4,300.00 $ 658,950.00 - the acquisition of these properties at the said compensation figure of $658,950.00 having been approved by the Partnership. Respectfully submitted, 4th November, 1974, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor MacGowan Seconded by Councillor Davis RESOLVED that the above report be received and filed and the recommendation contained therein adopted. On motion of Councillor MacGowan Seconded by Councillor Davis RESOLVED that the letter from the Civic Improvement and Beautification Committee expressing the Committee's concern with the continuing unsightly condition of automobile junk yards within the City limits and particularly the MacKnight Motors Ltd. property on Ashburn Lake Road, and asking what action has been taken or is proposed to be taken to have this property brought up to an acceptable standard, be referred to the City staff to submit information for the next meeting of Council regarding what is taking place regarding this matter. In reply to Councillor A. Vincent's question as to why just one property was being picked out in the above regard, Councllor MacGowan stated that the reason the Committee did so was because the City has had problems with MacKnight Motors for quite some time regarding unsightly premises and the Council had asked that some action be taken, and, so far, there does not seem to be much difference in the appearance of this property - it is still in an unsightly condition. Councillor A. Vincent stated he feels that in talking about unsightly premises, one person should not be singled out. ?74 Seconded by Councillor Cave �/ 'L RESOLVED that as per the recommendation of the Land Committee, the 3o ri n e / / /o7�L/ freehold of the property located at 65 Collins Street, Saint John West, be sold to Dorine .Martin, the lessee, for the appraised value of $2,000.00, the said property containing 3,250 square feet, more or less, of land. On motion of Councillor Higgins Seconded by Councillor Gould �7 n /I RESOLVED that the letter from the Planning Advisory Committee //a/7i7,1490 11.7. LO regarding the application from Mrs. L. A. Richard (nee Linda Mitchell) for permission to place the oMM existing mobile home at 518 Milford Road, Saint John West for a second year, on a temporar;, basis, p-S. advising that this is a built -up area of Milford Road characterized by conventional housin;; development and it is not the Committee's policy to permit mobile homes in developed more central residential areas of the City except in very extenuating circumstances, for example, to provide one -site accommodation / until a conventional home is built, and that in this case, no extenuating circumstances have been ookle /7 Om e brought to the attention of the members, consequently the Committee recommends that Mrs. Richard's application be refused, be received and filed and the recommendation adopted. Councillor MacGowan noted that it would be difficult for Mrs. Richard to find another location at this time of year, and suggested that the permission to locate at 518 Milford Road be e:ttended for a six -month period which would be for the winter -time. Councillor Cave advised it was his in-•;ention to vote against the motion because there is no other place for Mr. and Mrs. Richard to go at 'his time of year with this mobile home, and there is no housing for them to go to. In reply to the suggestion of Councillor MacGowan that a six -month extension be granted, Mr. Zides pointed out that the Committee has a rule not to introduce mobile homes into solidly built -up residential areas except if it is for a short • time or if the mobile home is being used there with the idea it is a place in which to live while the site is being built on for a permanent home. Question being taken, the motion was carried with Councillors Cave and MacGowan -sting "nay" On motion of Councillor Higgins P-7 /tlei72:es %h 11e A Question being taken, the motion was carried with Councillor A. Vincent voting "nay ". Seconded by Councillor Gould On motion of Councillor Gould • RESOLVED that in accordance with the recommendation of the Planning Committee, the following sums of money be accepted in lieu of land for public purposes with to the following sub- divisions - in each case, the figure is eight per cent of the value of the ' L j/C Seconded by Councillor Hodges /I%drvi 'It eO,Wm/zt RESOLVED that the letter from the Civic Improvement and Beautification ��SS l7jee�iah Committee requesting that the amount of $40,000.00 be included in the City's 1975 capital budget programme of the Latimer Lake Road and 325 feet east of its intersection with the Hickey Road; it is to provide for a six -foot wide permanent grassed median on Main Street from Chesley Drive to the Via - M, ?/ duct, be referred to the Capital Budget Committee. �aP/f�/ 6u�ty and is for sale); On motion of Councillor Cave from Raymond Thompson, 5 -22 - the sum of $248.00 (this property is at the westerly corner of Seconded by Councillor Pye the Hickey Road and the Shilling-ton Road; Mr. Thompson wishes to divide it into two lots, one RESOLVED that in accordance with the recommendation of the Land , •C Committee, Roy de Stecher and Associates Limited be paid the sum of $787.40 for an appraisal report made 4/ on two properties located at the corner of Bayside Drive and Loch Lomond Road, which properties are 15,000 square feet; the Committee's October 8th meeting granted variances to perrsit the sub- �/.�f/f�i;Y ee shec,4,Fe required for the widening of Bayside Drive. `.44k_eoC: ze (3) On motion of Councillor Pye xwt / /7. COhG�O cod0� �� (/UGC. �/ of- way off the easterly side of the Lorneville Road - near the Howard Wilson property; Mr. Gordon wishes to divide the lot into two lots, one of which - Lot 74 -1 - would contain an existing dwelling and a barn - Lot 74 -2 would have a width of 65 feet, less than the required 75 -foot width) (at its March 12th meeting the Planning Advisory Committee granted a variance to allow the 65 -foot width and the private access way). • Seconded by Councillor Cave RESOLVED that as recommended by the Land Committee, the City / �/arr purchase 140 acres, more or less, of vacant land on the Third Loch Lomond lake from Dr. Harry Peters for ' 171 y rXi,0/4e "696-117 the appraised value of $40.00 per acre, as shown on the submitted plan. f�fll79Oh0L� Councillors A. Vincent and Davis discussed the matter of City -owned lands in the watershed general area which are excess lands and on which the City is paying taxes outside the boundaries of the City. Councillor Davis noted that through the Land Committee a full report will be ready in a week or so, probably, regarding the watershed properties owned by the City, with maps to be provided to each /Pae Council member in this regard, and he added that the City should probably study the question of the lands it owns outside the City limits and which it does not really require. Councillor A. Vincent had suggested that the City might be able to offer these for sale, back of the watershed area line. / rt • reP° On motion of Councillor Pye Seconded by Councillor Cave �/ 'L RESOLVED that as per the recommendation of the Land Committee, the 3o ri n e / / /o7�L/ freehold of the property located at 65 Collins Street, Saint John West, be sold to Dorine .Martin, the lessee, for the appraised value of $2,000.00, the said property containing 3,250 square feet, more or less, of land. On motion of Councillor Higgins Seconded by Councillor Gould �7 n /I RESOLVED that the letter from the Planning Advisory Committee //a/7i7,1490 11.7. LO regarding the application from Mrs. L. A. Richard (nee Linda Mitchell) for permission to place the oMM existing mobile home at 518 Milford Road, Saint John West for a second year, on a temporar;, basis, p-S. advising that this is a built -up area of Milford Road characterized by conventional housin;; development and it is not the Committee's policy to permit mobile homes in developed more central residential areas of the City except in very extenuating circumstances, for example, to provide one -site accommodation / until a conventional home is built, and that in this case, no extenuating circumstances have been ookle /7 Om e brought to the attention of the members, consequently the Committee recommends that Mrs. Richard's application be refused, be received and filed and the recommendation adopted. Councillor MacGowan noted that it would be difficult for Mrs. Richard to find another location at this time of year, and suggested that the permission to locate at 518 Milford Road be e:ttended for a six -month period which would be for the winter -time. Councillor Cave advised it was his in-•;ention to vote against the motion because there is no other place for Mr. and Mrs. Richard to go at 'his time of year with this mobile home, and there is no housing for them to go to. In reply to the suggestion of Councillor MacGowan that a six -month extension be granted, Mr. Zides pointed out that the Committee has a rule not to introduce mobile homes into solidly built -up residential areas except if it is for a short • time or if the mobile home is being used there with the idea it is a place in which to live while the site is being built on for a permanent home. Question being taken, the motion was carried with Councillors Cave and MacGowan -sting "nay" On motion of Councillor Higgins P-7 /tlei72:es %h 11e A Seconded by Councillor Gould a k✓ %�! S 6C di v3 Advisory respect RESOLVED that in accordance with the recommendation of the Planning Committee, the following sums of money be accepted in lieu of land for public purposes with to the following sub- divisions - in each case, the figure is eight per cent of the value of the ' new or additional lots as estimated by the City's Real Estate Department: - /I%drvi (1) from Marvin Shaw, 5 -28 - the sum of $224.00 (this property is situated on the southerly side of the Latimer Lake Road and 325 feet east of its intersection with the Hickey Road; it is being divided into two lots - Lot A contains the existing Shaw residence, and Lot B is vacant and is for sale); (2) from Raymond Thompson, 5 -22 - the sum of $248.00 (this property is at the westerly corner of .p the Hickey Road and the Shilling-ton Road; Mr. Thompson wishes to divide it into two lots, one , na7�i h7O%!G� fJS O h of which fronts only on Shillington Road; this lot has a sub - standard width of 60 feet and a sub- standard area of 10,680 square feet, since the zoning is "RS -2" - requiring 75 feet and 15,000 square feet; the Committee's October 8th meeting granted variances to perrsit the sub- division on condition that City services will be used - this condition will be met); (3) from Paul R. Gordon, L -114 - the sum of $280.00 (this property is situated on a common right - xwt / /7. COhG�O cod0� �� (/UGC. �/ of- way off the easterly side of the Lorneville Road - near the Howard Wilson property; Mr. Gordon wishes to divide the lot into two lots, one of which - Lot 74 -1 - would contain an existing dwelling and a barn - Lot 74 -2 would have a width of 65 feet, less than the required 75 -foot width) (at its March 12th meeting the Planning Advisory Committee granted a variance to allow the 65 -foot width and the private access way). • I F, )�5 On motion of Councillor A. Vincent • T%ay�Lot) Seconded by Councillor Higgins e� O7� RESOLVED that the matter be laid on the table for one week until the ub/ Q Council is appr &j ed of the formula used by the appraisers in-arriving at the figures of $224.00, $248.00 and P ��hLtS / YI $280.00 as payments in lieu of land for public purposes by the three property owners concerned. sub -div�- Question being taken, the motion to table was carried with Councillors Hodges and Kipping voting nay 11. On motion of Councillor Gould A Seconded by Councillor Kipping RESOLVED that the letter from the Planning Advisory Committee with regard to the application made by Gulf Oil Canada Limited for a permit to demolish the present service station building on the company's property at the corner of City Road and Blair Street and to erect a new service 4al -I'L211 / station gas bar on the said property with attendant - operated pump is lands, advising that this company about Cc?ha�.0 Lw one year ago made a similar application for this lot except that it was for a self -serve service station and the Planning Advisory Committee has recommended for self -serve service statuions but the Common Council deferred � •� Sia t/ OhI action until the new National Fire Code with standards for such facilities is available for adoption, and noting thet the company indicates that it will apply for the proposed new service station to be a self -serve Pk-PAY / ZG. facility when the new National .Fire Code is available and that the said service station should not extend to a C'� s bar self -serve service facility until that time, and further advising that the Planning Advisory Committee has no objection to the rebuilding of the service station as such and to its conversion to a self -serve station on �u /1dj/7Cy approval by the City after the appropriate civic laws or regulations have been adopted, and further advising Si» r/zL ✓ that the driveway locations and widths are not acceptable but these can be worked out if the City approves the application -- be received and filed and the requested permission granted for a permit to demolish the said present service station building and to erect a new service station gas bar on the same property site. With reference to the above letter from the Committee and the question of the driveway locations and widths not being acceptable, but that these can be worked out if the application is approved by the City, Councillor MacGowan stated that the Civic Improvement and Beautification Committee is concerned about service stations and curbing and entrances and landscaping. She asked if landscaping will be included in the rebuilding of the service station on this property. Mr. Zides replied that it is not a requirement, and this is an existing lot and is not a very big one and it will crest some problems to get real landscaping in there, but perhaps it can be done on the corner because there will be two driveways - one on either side, and this can be looked at. He added that curbing is a condition of the whole rebuilding project. Noting that this will be a new building, Councillor MacGowan felt that if it could be made a model service station it would be an accomplishment and a credit to the company concerned, bearing in mind that there are unsightly service stations in our area. Mr. Zides pointed out that it is a redevelopment of an existing service station and perhaps we can do something. Councillor MacGowan expressed the hope that somewhere along the line they would be strongly encouraged, and if our present by -law does not include any type of landscaping for service stations and beautification she feels such regulations should be included. /1�WY. i Councillor Parfitt asked if it could be ascertained when the new National Fire Code will be in re effect. With regard to the application of Gulf Oil Canada Limited in the above discussed service station matter, Mr. Barfoot advised that all these service station applications require Council approval of the giving of the building permit, and if the Council accepts the report of the Planning Advisory Committee, he wished the Council to know that other members of the staff have examined the application and would recommend that the Council approve the application subject to the detailed approval of the Building Inspector. Consideration was given to the letter from the Saint John Parking Commission, dated October 31st, 1974, advising that in view of the fact that the General Urban Systems Corporation has submitted its report to Council and as Council did not take any action regarding the Commission's request that was before Council on September 23rd, 1974 in a letter advising that the Commission approves in principle that the designated escarpment �rcneha area (Carleton Street -Union Street vicinity) be developed as a parking site and that the Council purchase the Ur�hs land as soon as possible, the Commission now respectfully requests that the matter be dealt with as soon as 2��°AJS r possible, particularly the request made by the Commission that the Council purchase the land as soon as possible. p� L Councillor Davis, Chairman of the Land Committee, advised that the Land Committee staff is listing the number of properties that are involved with this matter but the Committee is not planning to go ahead in any specific way simply to get prepared for it because the Committee has received the report but there is nothing on it showing the extent of this parking garage; from the report, it appears that Station Street will have to be relocated and placed on Canadian National Railways land which will destroy a quantity of good land; however, because it is a project that has been suggested it was his feeling that the Land Committee should get ready for any eventuality and within a week or so complete information will be ready for the Council. He stated he feels there are a few things that should not be discussed in public at the moment in this matter, and with the acquiescence of the other members of the Land Committee he would like it to be discussed again in Committee of the Whole. He stated he wanted the Council to know that preliminary action has been taken but there are other T / factors showing up. On motion of Councillor A. Vincent Comm_ 7jaarky h� Seconded by Councillor Hodges � RESOLVED that the above named letter from the Saint John Parking Commission be received and filed and a copy of same be sent to the Land Committee. (ar /eia�i P���%�%�'� On motion of Councillor Cave 1 area Seconded by Councillor MacGowan (%r6a h RESOLVED that as requested by the Redevelopment Officer, approval be �B79tf/a / given to settle total compensation, free and clear of all encumbrances and to include any and all claims of any nature whatsoever in the North End Urban Renewal Scheme properties known as F- 11 -13 -15 (151 Chesley Street) and �O/ /ghSa7� /d F- 11 -13 -16 ( Chesley Street), to the Margaret Hansard Estate for a total figure of $28,841.72 ($25,000.00 settlement plus $3,841.72 interest), the approval of the Partnership to settle total compensation for the said /Jr /��,yPS�By figure of $25,000.00 plus five per cent interest from the date of expropriation (October 5th, 1971) to the date Std «� /fd of final payment having been acknowledged. fiar�.sdr� ® On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the letter from the Redevelopment Officer, with reference Q/ to the properties which had been situated at 61 High Street and 45 Acadia Street and owned by C. and T. Shannon, T�n� /'y'S which were required for the Workmen's Compensation Board site and adjoining streets in the North End Urban eye /. S,9// ? Renewal area, and which were expropriated by the City on April 18th, 1968, advising that the matter was before I �, 276. $3,150.00 the Court on October 23rd and 24th, 1974 and Mr. Justice Barry's preliminary decision on t.ae facts is to by Councillor Higgins the effect that the expropriation was valid, and that Mr. T. Drummie, acting for the City in this matter, � /S has written to the City Solicitor, dated October 28th, 1974, offering a negotiated settlement in the • of the Redevelopment amount of $22,500.00 with all parties to bear their own costs in this recent action and the hearings cer, approval be given for payment o Officer, the following named accounts for appraising the __isted properties C/'OSS/ which preceded it (the figures suggested by Mr. Drummie would be:- value of property - calculation the North End Urban Renewal Scheme: - between $11,500.00 and $16,800.00 - $14,150; interest at five per cent from April 18th, 1968 to November T/- Tri -Town Realty 8th, 1974 - $4,700.00 -- totalling $18,850.00, plus fees, costs, et cetera - $3,650.00 -- making a grand • total of $22,500.00), and further advising that the Co- Ordinating Committee has given its approval to F- 5 -1 -21 9 -11 Peters Wharf accept the said settlement and is prepared to accept the sum of $22,500.00 for cost - sharing purposes -- $ 140.00 and recommending that the City approve the settlement of compensation to C. and T. Shannon for all right, Smythe Street National Harbours Board title, interest and other claim in the amount of $22,500.00 for the said property at 61 High Street and F- 6 -18 -1 45 Acadia Street expropriated by the City on or about April 18th, 1968 -- be received and Tiled and the 14 Nelson Street W. F. Allan recommendation adopted. ' F- 6 -19 -15 10 -12 On motion of Councillor MacGowan Warehouse & Transport !/h6ar� 4 er/ea, 7 Seconded by Councillor Higgins F- 6 -19 -16 15 North Market Wharf RESOLVED that as requested by the Redevelopment Officer, approval 490.00 9 be granted for payment of the account received from D. S. MacKay & Associates Ltd. in the -.otal amount of 13 North Market Wharf 10 -11 North Market Wharf y ¢ $1,180.35 for professional services rendered in evaluating costs of relocation of machine shop and J As Itd electrical motor rewind shop at 15 Dock Street (F- 16 -19 -3) and 17 -19 Nelson Street (F- 6- 19-26) belonging sae. to E. S. Stephenson & Co. Ltd., the approval of the Partnership for payment of this accouni; in the said , F .S �2 7C'h50h amount having been acknowledged, and that this account be charged against the project and shared in the usual way, this being an Urban Redevelopment project. On motion of Councillor Cave $3,150.00 Seconded by Councillor Higgins be charged against the project and shared in the usual way. � /S RESOLVED that in accordance with the request of the Redevelopment /7 cer, approval be given for payment o Officer, the following named accounts for appraising the __isted properties C/'OSS/ in connection with the North End Urban Renewal Scheme: - representative of our area be informed of this situation and asked to take whatever action is necessary T/- Tri -Town Realty in this regard. The Mayor noted that in a brief article in the Evening Times -Globe newspaper of this • date there is information that Mr. E. T. Sadler, Superintendent for Canadian Pacific Railway, states that F- 5 -1 -21 9 -11 Peters Wharf J. Willett $ 140.00 Appraisals Ltd. Smythe Street National Harbours Board $1,050.00 F- 6 -18 -1 F- 6 -19 -14 14 Nelson Street W. F. Allan 315.00 F- 6 -19 -15 10 -12 Nelson Street Warehouse & Transport 280.00 received from the Railway in reply to the effect that the Railway would try to arrange a schedule so that F- 6 -19 -16 15 North Market Wharf W. F. Allan 490.00 F &L- 6 -19 -17 F &L- 6 -19 -18 13 North Market Wharf 10 -11 North Market Wharf City /Warehouse & Transport City /Warehouse & Transport 52`.00 490.00 $3,150.00 On motion of Councillor MacGowan • �i'O✓ �O!/� Seconded by Councillor Gould / � RESOLVED that the Provincial Government and Mr. Michael Landers, WtCLa7 e1o4wA ee ember of Parliament, be informed of the problem of delays to traffic at the railway crossing at Church / , 7! Avenue in Saint John West, and asked to take whatever action is necessary in this regard: - the Partnership's approval for payment of these accounts having been acknowledged, and the accounts to be charged against the project and shared in the usual way. ' A letter from Councillor MacGowan was discussed at this time, which brings to the Council's attention again the continuing problem of delays at the railway crossing at Church.Avenue in Saint John C/'OSS/ West, and which urges that the Council request that the Provincial Government and the Federal Government de %y representative of our area be informed of this situation and asked to take whatever action is necessary in this regard. The Mayor noted that in a brief article in the Evening Times -Globe newspaper of this / Q eilatr/�// 11e.f date there is information that Mr. E. T. Sadler, Superintendent for Canadian Pacific Railway, states that at no time, unless it is due to some breakdown of equipment, has that railway crossing been held up more than five minutes. Councillor MacGowan advised that she made the request that is in her letter because she feels it is going to be a very serious situation. She stated that on November lst, the day she asked that this item be placed on the Council agenda, this crossing was blocked in five trips (four times out Cof five) in the 45-minute period at the noon hour (11.30 a.m. to 12.15 p.m.). She recalled. the previous attempts made by Council to have the Railway overcome this kind of problem, and the correspondence received from the Railway in reply to the effect that the Railway would try to arrange a schedule so that shunting operations would not inconvenience the citizens. She made the point that people cn their noon - • hours should not be faced with the delays at the railway crossing, coming and going, taking valuable time, and stated she believes there were upwards of 100 cars held up on November lst at the said noon - hour delay, involving people coming from J. D. Irving Ltd. and Bathurst Containers. She stated that the spur line, or switching line, should never have been allowed there, in the first place. She added that at the time of the said delay at the Church Avenue railway crossing there were three engines emitting billows of black smoke toward a house which had just been painted recently. She stated that she would like to see action taken to rectify the problem of traffic delays at the railway crossings, both at this point and at the Simms' Corner crossing, or any other railway crossing in the city. Councillor Kipping suggested that Canadian Pacific Railway be asked whether it is the company's intention to make that a switching point (the Church Avenue crossing area). He recalled that when the station went into the Dever ' Road area it was with the tacit understanding that it would kind of only be a passenger train that went through this crossing area. The Mayor and Councillor A. Vincent reminded the Council that these railway lines and trains are needed to keep the port functioning and to increase the number of persons employed. Speaking in that regard, Councillor Hodges pointed out that the problem is that the port is operating on a year -round basis and that the railways find they must employ long freight trains with the shortage of manpower and the transfer of railway cars from one company to another in the making up of these trains, and these long trains require several engines to motivate them. Councillor Davis pointed out that the City should start working on a railway over -pass or an under -pass because the problem is going to get worse if the railway is relocated to go through Lorneville and across which would block the throughway. ' Mr. Barfoot advised that the matter of the level crossings at Church Avenue and Simms' Corner was referred to staff about six months ago; since that time the staff has talked to the Province about both of these level crossings with respect to getting something prepared on the railway grade crossing situation; on Simms' Corner, the Province is examining this crossing with a view to making a cost estimate; on Church Avenue, the decision on the location and, therefore, the cost, of the level crossing somewhat depends on the location of the expressway - this is being studied and the staff is getting close to a decision on the location of the proposed northern expressway; therefore, this is what is holding up action on an application as far as actual funds is concerned until the design can at least be decided upDn. On motion of Councillor MacGowan • �i'O✓ �O!/� Seconded by Councillor Gould / � RESOLVED that the Provincial Government and Mr. Michael Landers, WtCLa7 e1o4wA ee ember of Parliament, be informed of the problem of delays to traffic at the railway crossing at Church / , 7! Avenue in Saint John West, and asked to take whatever action is necessary in this regard: F, 277 c 7 urr'a r7 � •. G/%Sf rW/ Ib AND FURTHER that this matter be referred to the Canadian Transport Commission: c�rossih9 •tjcf/ AND FURTHER that the matter of the said traffic delays at the said railway crossing be referred to Mr. dc% S E. T. Salder, Superintendent of the Canadian Pacific Railway and that Mr. Sadler be furnished with a copy of the C „O correspondence received by the City in the matter previously from his predecessor which says that the Railway will endeavour to time the movements of trains so that they will not interfere with the rush hour of vehicular traffic at the crossing. On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that the letter from The Saint John District Labour Council advising of its concern over the oil running from the Woolco parking lot into a residential area in East Saint John, and requesting that the Common Council take action to determine the source of this pollution and have the ✓ situation corrected, be referred to the Pollution Control Committee and to the necessary City staff, for action forthwith. ioi /w-L 1 � DAf Councillor Cave stated that he was under the impression that when he took this problem up with the Commissioner of Works a couple of years ago it was resolved, the problem of oil having been on the westerly side of the Woolco parking lot, and there were plans at that time to hook it up with the main trunk sewer. Mr. Barfoot advised that quite an expenditure of funds is required to correct this situation as far as piping that ' overflow is concerned at that location. As to the question of where the oil is coming from, he stated it is coming from the parking lot, as he recalls; the staff will look at the situation again. On motion of Councillor MacGowan Seconded by Councillor Parfitt SPhiorC.,� RESOLVED that the letter from Senior Citizens Services Saint John Inc. n T Sc°/y/�C2S� requesting that the City of Saint John provide a grant to cover the amount of rent that is paid to the City for ✓� the premises occupied at the City Market building (the monthly rent is $462.33) and the salary of one employee or a portion thereof, and advising that any other help will be deeply appreciated by the senior citizens of (rral7� Saint John, be referred to the Budget Committee and that the Market Committee be asked for a report in this kei� regard for consideration by the Budget Committee. j n Consideration was given to a letter from Mr. Gary K. Hughes, Oral History Researcher in the Department p*ee,_ of Canadian History of the New Brunswick Museum, in which he makes a formal application for interim funding to support his work as Oral History Researcher through the facilities of the said Department of the Museum. The letter advises that his work in researching agriculture on an oral history basis was funded through a grant to the Museum from the Canada Council Explorations grant which was for a period of six months (March 15th to September 15th, 1974) which was awarded in order to conduct oral history research within the Province of New Brunswick, and that the Canada Council has refused the Museum's re- application for more funding because that Council does not wish to support projects of a continuous nature. The letter states that an application has been made for a grant on the basis that this will be a permanent programme within the Canadian History Depart- ment of the Museum in the budget for the new fiscal year, effective April lst, 1975 and it is hoped that a grant will be forthcoming; at the same time, an application has been made for federal funding under the Local Init- iatives Programme so that three people plus Mr. Hughes could be employed on the project, effective from January ' 16th, 1975 until July 16th, 1975; however, the problem of interim funding between October 17th, 1974 and January 16th, 1975 remains to be resolved; Mr. Hughes is a staff of one and he is presently working on a completely voluntary basis; Mr. Hughes is requesting a grant of $500.00 from the City of Saint John, or whatever sum the City would provide; any funding from the Saidye Bronfman Foundation in Montreal depends upon funding from another source in which case the Foundation would be favourably disposed towards supporting a programme of the nature of the said project. Also considered was a letter from Mr. A. Gregg Finley, Curator of the Department of Canadian History /ii vluS /l''S/'A of the New Brunswick Museum, in support of Mr. Hughes' application to the Common Council for the above named financial assistance from the City of Saint John. His letter advises that any work that Mr. Hughes might carry out during the interim under discussion would be advantageous to the long -range goal of a permanent Oral History research programme. It was noted that Mr. Hughes was present at the meeting. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that Mr. Hughes be heard. Councillor A. Vincent voted "nay” to the motion. Mr. Hughes spoke in further support of his request, and explained the method used in conducting the Oral History research. He stated that he is asking for a sum from the City up to $500.00, and it could be very much less, to finance his work through to Christmas. Councillor Kipping and Mr. Carter discussed the matter of possibility that this particular research could eventually be meshed in regard to technique with the study that has been conducted by Dr. Genevieve Jain. Mr. Carter felt this could be done at a later date. He confirmed that there are no funds left from the grants allocated to Dr. Jain's study that could be channelled to Mr. Hughes' project. In reply to Councillor Kipping's query as to how close the project is to completion that has ����� been undertaken by Dr. Jain, Mr. Carter stated that in talking with her approximately eight weeks ago she told n him she was writing her final report at that time. 6' nt On motion of Councillor Kipping h� sz�ary / Seconded by Councillor Higgins ,[ " RESOLVED that the above named request from Mr. Gary Hughes for a grant �u feG be referred to the Budget Committee. Councillor A. Vincent explained that he voted against the motion to hear Mr. Hughes because he was opposed to wasting his time. He stated that he is interested in any historian project but he felt that Mr. Hughes' letter was of sufficient information to the Council in the matter without hearing Mr. Hughes. Co/wmi e*e The Mayor advised that the next two items of business that will be considered are presently on the 4(% O/'e Committee of the Whole section of the agenda, and that he does not believe it is necessary that they be on that part of the agenda; therefore, he was moving them to the open session part of the agenda. On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that the letter from the Chairman of the New Brunswick Electric Commission in reply to Common Council's letter of September 27th, 1974 written from Committee of the 278 11,3, ,F//e�rV6 -1C1 Whole, regarding a meeting with the Council on the subject of acquisition of the Commissio;7's property in �d6f/er Caw"?, the Dock Street area, advising that by letter to the Redevelopment Officer dated March 28t:�, 1974, the �/r'%heh ewa Commission outlined the situation and the remaining steps to be taken by both the City and the Commission • / before negotiations could take place, and further advising that the Commission has now received all its �dB!/ X'z", -7rEt-� appraisal reports and is prepared to begin negotiations at a time convenient to all concer:ied, be received lewikei Sy, and filed and a meeting be arranged in this matter, with the Co- Ordinating Committee of the civic centre and Councillors�A ..- Vincent"_and_DaviE:.__:; eo- °rdi.rafiriy /a!d /gym /�ce On motion of Councillor A. Vincent Seconded by Councillor Higgins �av /S RESOLVED that the letter from Dr. Stephen Weyman; member of the Co't'),W, 6117 o% Saint John Port Authority, in reply to the letter from Common Council from Committee of the Whole session, ' errX94 in which the Council requested a meeting with the National Harbours Board regarding proper'ies required S, T, /�rt�ha for the Market Square development, advising that the Board has asked the Atlantic Member to hold preliminary /!/az� %yr6 °uJrs meetings with the representatives of the City and that Mr. Mouland, the Port Managx, and D:r. Weyman could B6L. be available on short notice to meet on this matter in the near future, and suggesting tha-, Mr. Mouland, Mr. Elkin, Chairman of the Port Authority and Dr. Weyman meet with the City's representatives at the City's convenience before any involvement with the Canadian Pacific Railway which owns a small part of the property in question, be received and filed and a meeting be arranged in this matter, with the Co- Ordinating Committee of the civic centre and Councillors_A._V.innent andoDavis_ i u U ' On motion of Councillor Gould-, Seconded by Councillor Higgins" RESOLVED that this meeting continue, in legal session. L E G A L Councillors Cave and Higgins withdrew from the meeting, and Councillor Green entered the meeting. Seconded by Councillor Green � (?0,6c'j,� /heeht' Councillor A. Vincent advised that the Land Committee has a meeting with Mr. Arthur Lundrigan / S01�' RESOLVED that the City Solicitor who represents Canada Wide Parking Lot, at 9.30 a.m. on November 12th and the Committee wi =,1 then come e /t6g /Z'Or �e�$g back to Council with what it thinks is a proposal - this meeting is to be attended as well by Councillor • Caaada /.f/i de A. Vincent who is a special committee of one, and by the Mayor and Councillors Davis, Pye and Higgins, Manager be instructed to co- operate completely, in this matter. P9e1 ' %n9 .lot' the City Manager, and whatever necessary members of staff are required including Mr. Carter. Mr. Park Question being taken Councillor Kipping voted "nay ". He felt suggested that the Council give consideration to communicating with the Saint John Parking Commission on �J�r�IY h p 4Wt"g this matter. Councillor A. Vincent asked that Mr. Park have the requested report ready before November such is the wish of Council at this time, and he felt that the JJ `l 12th regarding the parking garage financial matters (that is, the now - demolished parking garage on said motion precipitates a decision. a ap4- Germain Street) that he had asked for a few weeks ago, for the information of the City off•.cials. Mr. /" Park stated that this will be done. Councillor A. Vincent stated that the Land Committee Would like to • I 4e ,/ ✓ meet first on November 12th without the Saint John Parkin Commission g present, and he therefore asked �/Man�i� re�dr that the Common Clerk notify the Parking Commission that the Land Committee would like to meet with the %and CO/riM /ice Commission following November 12th. The Council members concurred in this arrangement. COdyNj /s$ /Qh On motion of Councillor Gould Seconded by Councillor Green , RESOLVED that in accordance with the recommendation of the City T S�hCe r! Manager and the Commissioner of Finance, authority be granted to make payment to the City'e insurers, The •� Northern Assurance Company Limited for Comprehensive General Liability claims for the thira quarter of Pa6, Merl L`S 1974 on Policies 104C311 (1973) and 161C900 (1974), in the total amount of $2,641.04, regarding eight Ffs/s6er claims which were settled as paid claims. /j�O12/%/�°rh dhc e C'0,,5�6� Considerable discussion ensued regarding a letter from the City Solicitor, dated November lst, 1974, which advises that the City is presently involved in a civil action arising out of ar.. incident in the City of Saint John in March 1974 between the Saint John Police Force and a group of Inc.ians from the Big Cove Indian Reservation near Moncton, New Brunswick, and that due to the relationship between the City as the municipal corpoation and Police Force, this action will probably be withdrawn in the near future. The letter further advises that the solicitor for the complainants has commenced en action, F meanwhile, against the individual policemen involved, and that, due to the unusual relationship between the City and its Police Force, these individual policemen have been informed that it would be in their •., interest to engage legal counsel of their choice (this has been the policy of the City in the past) and stating that in matters such as this, it is normally the policy that the City does not defend the policemen the City usually accepts responsibility for costs related to the action. On motion of Councillor MacGowan ,(e9a /a c�iQr/ Seconded by Councillor Kipping RESOLVED that the City of Saint John accept responsibility for 9, legal fees incurred by the policemen with respect to an action against several policemen arising out of /moo / /ce Oe,0,1 an incident in the City of Saint John in March 1974, between the Saint John Police Force and a group of , Pers °h Indians from the Big Cove Indian Reservation near Moncton, New Brunswick. �/y �veln6s/.N , r�esel�l /Qh Councillor Gould voted "nay" to the above motion. psi Qler �`s` // Following a session in Committee of the Whole, the Committee arose and the Mayor resumed the C✓O/vMIZ�L/ �/IQI� Chair in legal session of Common Council. On motion of Councillor A. Vincent Seconded by Councillor Green ' / S01�' RESOLVED that the City Solicitor be asked to examine the lease of e /t6g /Z'Or �e�$g the City premises in the City Hall building and instructed to use every command to try to have the said lease terminated at the end of the next honourable legal means at his three years, and that the City Manager be instructed to co- operate completely, in this matter. Question being taken Councillor Kipping voted "nay ". He felt that the City Solicitor could be ci�y /If�raye,^ asked to look into the ways and means of terminating the said lease if some future time, but he did not want the Council to make a decision at such is the wish of Council at this time, and he felt that the said motion precipitates a decision. On motion • The meeting adjourned. ommon Cle r 279 . present Thomas J. Higgins, Esquire, Deputy Mayor, presiding in the absence of Mayor E. A. Flewwelling ' Councillors Davis, Gould, Hodges, Kipping, MacGowan, Parfitt, Pye and A. Vincent -and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. ' Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, E. Ferguson, Chief of Police, A. Ellis, Building Inspector, D. French, Director of Personnel and Training, and D. Carter, Economic Co- Ordinator 40 40 J A.6e/ A// lif v� 1W10717 -areas mahici . ahea5 meeting. A prayer, which was invoked by Rabbi Benjamin Eisenberg of Shaarei -Zedek Synagogue, opened the On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that a letter of condolence be sent to Mayor E. A. Flewwelling and family expressing the deep sympathy of the Deputy Mayor and members of the Council in the death of his brother, Paul H. Flewwelling: AND FURTHER that a letter of condolence be sent to Councillor E. J. Kipping and family expressing the deep sympathy of the Mayor and Members of the Common Council in the death of his father in Nova Scotia. Qh motion of Councillor Gould SSgR11ded by Councillor Hodges - RESOLVED that the by -law entitled "A Law,i,to Amend The Zoning py -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning of fourteen areas of land recommended in the letters from the Planning Advisory Committee dated May 13th, 1974 and July 23rd, 1974 from their present R -IA" One -Faily Residential, "P" Park, "I -1" Light Industrial, "RM -1" One- and Two - Family Two- Storey and Two- or Three- Storey Multiple Residential, "RS -2" One- and Two - Family Suburban Residential, and "R -2" One- and Two- Family Residential districts, to "P" Park, "R -1B" One- Family Residential, "R -2" One- and Two- Family Residential, "RM -1" One- and Two - Family Two- Storey and Two- or Three - Storey Multiple Residential,and "RS -2" One- and Two- Family Suburban Residential districts classifications, respectively, as listed in the said letters from the Planning Advisory Committee, be read a third time and enacted and the Corporate Common Seal affixed thereto. Councillor Gould indicated that the question he had raised at the Council meeting on November 4th last regarding the proposal to re -zone the Havelock School to One Family Residential classification from its present "P" Park zoning, has been answered by the letter provided to Council, dated November 8th, 1974 from the Common Clerk which reminded the Council that the Planning Advisory Committee letter of July 23rd, 1974 recom- mended this re- zoning (Sketch Number 74 -10) which is incorporated in the above amendment, to achieve several objectives, one of which is "To re -zone school sites when they face wholly or partly within Park Zones. Under the Zoning By -Law schools are not zoned Park Zones, being a use more associated with residential areas ". The by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Gould Seconded by Councillor Davis RESOLVED that the by -law entitled "A Law to Amend The Municipal Plan By -Law" insofar as it concerns making two amendments in Schedule 2 -A of the Municipal Development Plan at Greendale and Rockwood Park as recommended in the letters from the Planning Advisory Committee dated May 13th, 1974 and July 23rd, 1974, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A Law to Amend The Municipal Plan By -Law" was read in its entirety prior to the adoption of the above resolution. The next item on the agenda was the proposed amendment to the Zoning By -Law to re -zone for Mr. Walter A. Beckett approximately 400 acres of land with a frontage of 3,000 feet, more or less, on both sides of the Martinon by -pass at the Acamac Backland Road extending from approximately 1,600 feet to 2,400 feet in depth easterly from the By -pass and from approximately 4,600 feet to 5,700 feet in depth westerly from the By -pass J and to about 650 feet northerly and to about 2,000 feet southerly from the Acamac Backland Road from "RF" Rural Gl/a /fir F% district to a variety of residential zones including "RM -2" High Rise Multiple, "RM -1" up to three- storey multiple, "R -lA" One- Family, "RS -1" and "RS -2" One- and Two- Family and for "B -1" Local Business and "B -2" General Business district classifications. Mr. George F. O'Connell, Q. C., solicitor for Mr. Beckett, was present and wished to complete his presentation in this matter on behalf of his client. /" n /- On motion of Councillor Hodges 4?e oy E' Seconded by Councillor Gould O RESOLVED that Mr. O'Connell be heard at this time. 'Conr,P //, At a Common Council, held at the City Hall, in the City of Saint John, on Tuesday, the twelfth day of • November, A. D. 1974, at 7.00 o'clock p.m. present Thomas J. Higgins, Esquire, Deputy Mayor, presiding in the absence of Mayor E. A. Flewwelling ' Councillors Davis, Gould, Hodges, Kipping, MacGowan, Parfitt, Pye and A. Vincent -and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. ' Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, E. Ferguson, Chief of Police, A. Ellis, Building Inspector, D. French, Director of Personnel and Training, and D. Carter, Economic Co- Ordinator 40 40 J A.6e/ A// lif v� 1W10717 -areas mahici . ahea5 meeting. A prayer, which was invoked by Rabbi Benjamin Eisenberg of Shaarei -Zedek Synagogue, opened the On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that a letter of condolence be sent to Mayor E. A. Flewwelling and family expressing the deep sympathy of the Deputy Mayor and members of the Council in the death of his brother, Paul H. Flewwelling: AND FURTHER that a letter of condolence be sent to Councillor E. J. Kipping and family expressing the deep sympathy of the Mayor and Members of the Common Council in the death of his father in Nova Scotia. Qh motion of Councillor Gould SSgR11ded by Councillor Hodges - RESOLVED that the by -law entitled "A Law,i,to Amend The Zoning py -Law of The City of Saint John and Amendments Thereto" insofar as it concerns re- zoning of fourteen areas of land recommended in the letters from the Planning Advisory Committee dated May 13th, 1974 and July 23rd, 1974 from their present R -IA" One -Faily Residential, "P" Park, "I -1" Light Industrial, "RM -1" One- and Two - Family Two- Storey and Two- or Three- Storey Multiple Residential, "RS -2" One- and Two - Family Suburban Residential, and "R -2" One- and Two- Family Residential districts, to "P" Park, "R -1B" One- Family Residential, "R -2" One- and Two- Family Residential, "RM -1" One- and Two - Family Two- Storey and Two- or Three - Storey Multiple Residential,and "RS -2" One- and Two- Family Suburban Residential districts classifications, respectively, as listed in the said letters from the Planning Advisory Committee, be read a third time and enacted and the Corporate Common Seal affixed thereto. Councillor Gould indicated that the question he had raised at the Council meeting on November 4th last regarding the proposal to re -zone the Havelock School to One Family Residential classification from its present "P" Park zoning, has been answered by the letter provided to Council, dated November 8th, 1974 from the Common Clerk which reminded the Council that the Planning Advisory Committee letter of July 23rd, 1974 recom- mended this re- zoning (Sketch Number 74 -10) which is incorporated in the above amendment, to achieve several objectives, one of which is "To re -zone school sites when they face wholly or partly within Park Zones. Under the Zoning By -Law schools are not zoned Park Zones, being a use more associated with residential areas ". The by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Gould Seconded by Councillor Davis RESOLVED that the by -law entitled "A Law to Amend The Municipal Plan By -Law" insofar as it concerns making two amendments in Schedule 2 -A of the Municipal Development Plan at Greendale and Rockwood Park as recommended in the letters from the Planning Advisory Committee dated May 13th, 1974 and July 23rd, 1974, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled "A Law to Amend The Municipal Plan By -Law" was read in its entirety prior to the adoption of the above resolution. The next item on the agenda was the proposed amendment to the Zoning By -Law to re -zone for Mr. Walter A. Beckett approximately 400 acres of land with a frontage of 3,000 feet, more or less, on both sides of the Martinon by -pass at the Acamac Backland Road extending from approximately 1,600 feet to 2,400 feet in depth easterly from the By -pass and from approximately 4,600 feet to 5,700 feet in depth westerly from the By -pass J and to about 650 feet northerly and to about 2,000 feet southerly from the Acamac Backland Road from "RF" Rural Gl/a /fir F% district to a variety of residential zones including "RM -2" High Rise Multiple, "RM -1" up to three- storey multiple, "R -lA" One- Family, "RS -1" and "RS -2" One- and Two- Family and for "B -1" Local Business and "B -2" General Business district classifications. Mr. George F. O'Connell, Q. C., solicitor for Mr. Beckett, was present and wished to complete his presentation in this matter on behalf of his client. /" n /- On motion of Councillor Hodges 4?e oy E' Seconded by Councillor Gould O RESOLVED that Mr. O'Connell be heard at this time. 'Conr,P //, The Deputy Mayor at this time read the letter, dated November 7th, 1974, from the Saint John n Housing Commission which advises that with regard to Common Council resolution of October 15th last J �• /emu s% h which asked the Commission for a recommendation on the proposed development by Mr. Beckett, the Com- mission held a joint meeting with the Planning Advisory Committee and thoroughly studied all of the background information on the Beckett proposal, and as a result the Commission adopted the following resolution, namely:- "That the Housing Commission supports the concept of housing developments, provided they are consistent with plans for orderly growth. In view of the lack of firm commitment; by the developer, the Housing Commission cannot support the application of Walter A. Beckett. ". • , e- zorji" Gl/a /der fl• ,F9e � jr/t ltd. 0, i7/a /E�Gi 4T 7 vel 0ex�A7 r .4/e /si . Cori C. r. O. G'rw ve/ eel 641,r'%h9 C'ru5ii i h9 /i Sol a/ uc?see, mar/a�e�e� Ur6dn�. -g�� /, on9 ox.Qo"f /Y% /r/ o5 4 rrowh sit Teh/lor' A /- 3S�Poelr S-% 3 7- 390744 S-t. . «d• or/ Z`:PA4e, On motion of Councillor A. Vincent Seconded by Councillor Kipping RESOLVED that the matter of the above proposed Zoning B•r -Law amend- ment for the said proposed re- zoning of Mr. Walter A. Beckett's land be laid on the table for two weeks; that is, that the continuation of the public hearing regarding the said proposed By -Law ame=ndment be tabled for two weeks. On motion of Councillor Gould Seconded by Councillor Pye RESOLVED that in accordance with the recommendation of the City Manager, approval be given for payment of the following invoices for equipment rental, namely:- Chitticks (1962) Ltd. - to the Works D. Hatfield Ltd. Department October 1 -15, 1974 (dated October 16, 1974) $ 3,560.00 - to the Water Department October 1 -15, 1974 (dated October 17, 1974) $ 5,754.00 On motion of Councillor Pye Seconded by Councillor MacGowan RESOLVED that as recommended by the City Manager, authority be granted to pay the invoice from Dexter Construction Company Limited in the amount of $5,458.19 for crushing and supplying gravel to the Works Department during the month of September. Councillor A. Vincent expressed the view that a feasibility study should be made regarding the crushing and supplying of gravel to the City with the thought that perhaps the City could own its own crushing plant and that this would be an economic measure. He asked for a report for the next meeting of Council in this regard, and added that he had previously asked for such a report. Councillor Kipping proposed a motion, which was not seconded, that with regard to the report from the City Manager and from Mr. J. C. MacKinnon, Executive Director of Operations, on the subject of solid wastes management, which indicates in a preliminary way the present situation in the city and alternatives regarding said management, and which recommends that Howe's Lake continue to be used as a disposal site, but that its use be extended and its operation made more acceptable by the purchase of a landfill compactor, and that the remnant of the said Lake be infilled, and which points out that with the current staff vacancies in the Works Department it will be impossible for that Department to prepare a comprehensive report on solid wastes management within a reasonable time limit -- and which recommends, therefore, that consideration should be given to the hiring of a consultant for this purpose -- con- sultants be hired to produce a comprehensive report on solid wastes management. Councillor Kipping noted that one page of this report was missing from the copy supplied to him. On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that the matter be laid on the table for one week and that Councillor Kipping be furnished in the interim with a complete copy of the above named repert. Councillor M. Vincent entered the meeting during consideration of the aforegoing matter. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that the letter from the City Solicitor advising that the area of land leased by the City to Rocca Group Limited known as Hilyard Place and referred to as Site "K" contains title problems, some of which involves streets which have not been closed, the land in question being in the vicinity of Main Street and having been formerly known as Long Wharf street and now comprising a portion of the former Main Street which has been relocated, and also being land which was a portion of the former Crown Street, as well as other common alleys, and recommending that the Council authorize the Common Clerk to prepare the necessary advertising as the first step towards the proposed street closings, be received and filed and the Common Clerk be authorized to prepare the necessary advertising for the proposed closing of the above noted streets and common alleys. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from the Assistant Redevelopment Officer advising that at a tender opening meeting held on November 4th last, the low bid of Grove Construction Ltd. was accepted for the demolition of 21 -35 and 37 -39 Dock Street for the total sum of $9,348.00 and that this company will be notified immediately of the acceptance of the bid and that work will commence when the company has signed a demolition contract and abided by its conditions, be laid on the table until later in the meeting for information as to the names of the former owners of the said properties. 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 begs leave to report that it sat on November 4th, 1974 when there ✓ere present • Pi 1 0 • Mr. O'Connell noted that four members of the Common Council were absent from this meeting, and stated that while he was quite prepared to proceed at this time and present his client's osse it was his G'eory feeling that a degree of justice would be more likely to be achieved from the Council if a full Council deoahell or nearly a full Council until the full Council or were present, and nearly the full with that in mind, he asked that the matter be Bet aside Council could be I present. , e- zorji" Gl/a /der fl• ,F9e � jr/t ltd. 0, i7/a /E�Gi 4T 7 vel 0ex�A7 r .4/e /si . Cori C. r. O. G'rw ve/ eel 641,r'%h9 C'ru5ii i h9 /i Sol a/ uc?see, mar/a�e�e� Ur6dn�. -g�� /, on9 ox.Qo"f /Y% /r/ o5 4 rrowh sit Teh/lor' A /- 3S�Poelr S-% 3 7- 390744 S-t. . «d• or/ Z`:PA4e, On motion of Councillor A. Vincent Seconded by Councillor Kipping RESOLVED that the matter of the above proposed Zoning B•r -Law amend- ment for the said proposed re- zoning of Mr. Walter A. Beckett's land be laid on the table for two weeks; that is, that the continuation of the public hearing regarding the said proposed By -Law ame=ndment be tabled for two weeks. On motion of Councillor Gould Seconded by Councillor Pye RESOLVED that in accordance with the recommendation of the City Manager, approval be given for payment of the following invoices for equipment rental, namely:- Chitticks (1962) Ltd. - to the Works D. Hatfield Ltd. Department October 1 -15, 1974 (dated October 16, 1974) $ 3,560.00 - to the Water Department October 1 -15, 1974 (dated October 17, 1974) $ 5,754.00 On motion of Councillor Pye Seconded by Councillor MacGowan RESOLVED that as recommended by the City Manager, authority be granted to pay the invoice from Dexter Construction Company Limited in the amount of $5,458.19 for crushing and supplying gravel to the Works Department during the month of September. Councillor A. Vincent expressed the view that a feasibility study should be made regarding the crushing and supplying of gravel to the City with the thought that perhaps the City could own its own crushing plant and that this would be an economic measure. He asked for a report for the next meeting of Council in this regard, and added that he had previously asked for such a report. Councillor Kipping proposed a motion, which was not seconded, that with regard to the report from the City Manager and from Mr. J. C. MacKinnon, Executive Director of Operations, on the subject of solid wastes management, which indicates in a preliminary way the present situation in the city and alternatives regarding said management, and which recommends that Howe's Lake continue to be used as a disposal site, but that its use be extended and its operation made more acceptable by the purchase of a landfill compactor, and that the remnant of the said Lake be infilled, and which points out that with the current staff vacancies in the Works Department it will be impossible for that Department to prepare a comprehensive report on solid wastes management within a reasonable time limit -- and which recommends, therefore, that consideration should be given to the hiring of a consultant for this purpose -- con- sultants be hired to produce a comprehensive report on solid wastes management. Councillor Kipping noted that one page of this report was missing from the copy supplied to him. On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that the matter be laid on the table for one week and that Councillor Kipping be furnished in the interim with a complete copy of the above named repert. Councillor M. Vincent entered the meeting during consideration of the aforegoing matter. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that the letter from the City Solicitor advising that the area of land leased by the City to Rocca Group Limited known as Hilyard Place and referred to as Site "K" contains title problems, some of which involves streets which have not been closed, the land in question being in the vicinity of Main Street and having been formerly known as Long Wharf street and now comprising a portion of the former Main Street which has been relocated, and also being land which was a portion of the former Crown Street, as well as other common alleys, and recommending that the Council authorize the Common Clerk to prepare the necessary advertising as the first step towards the proposed street closings, be received and filed and the Common Clerk be authorized to prepare the necessary advertising for the proposed closing of the above noted streets and common alleys. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from the Assistant Redevelopment Officer advising that at a tender opening meeting held on November 4th last, the low bid of Grove Construction Ltd. was accepted for the demolition of 21 -35 and 37 -39 Dock Street for the total sum of $9,348.00 and that this company will be notified immediately of the acceptance of the bid and that work will commence when the company has signed a demolition contract and abided by its conditions, be laid on the table until later in the meeting for information as to the names of the former owners of the said properties. 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 begs leave to report that it sat on November 4th, 1974 when there ✓ere present • Pi 1 0 • r 2S I &a1,Vm/ t &e Mayor Flewwelling and Councillors Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt, Pye and A. Vincent, a11j Ole and your Committee begs to submit the following report and recommendation, namely:- • 1. That the salary for the vacant position of Legal Secretary be established at $8,400.00 per annum, this salary to be effective from date of employment to December 31st, 1975. ,nCep d eC Respectfully submitted, �py p e/ 12th November, 1974, (sgd.) E. A. Flewwelling, ✓ Saint John, N. B. C h a i r m a n. On motion of Councillor M. Vincent Seconded by Councillor Kipping RESOLVED that the above report be received and filed and the recommendation contained therein adopted. Mr. Rodgers advised that the date of commencement of employment in the above regard is November 18th, 1974. Consideration was given to a letter from the Planning Advisory Committee, dated Noember 6th, 1974, regarding the application made to the Committee by Brunswick Square Ltd. (Trizec Corporation) for a variance in 1 the off - street parking to be provided for the Brunswick Square project in the block bounded by King, Prince William, Union and Germain Streets, which advises that based upon the preliminary proposals which have yet to be converted to final working plans, the developers would be required, under the City's Zoning By -Law, to provide 933 spaces for phase I of the project and a further 285 spaces for phase II (the top 14 storeys of the New Brunswick Telephone Company Limited office building); that the company has obtained from consultants their analyses of the likely parking demand generated by the project, which result in figures lower than required by the Zoning By -Law, while on the other hand, the Committee has an analysis from Read & Voorhees (who have acted as the City's traffic consultants in the past) which results in higher requirements than the Zoning By -Law; that the company feels that about 30% of automobiles now being manufactured are smaller than the so- called "standard" cr and that this should allow an adjustment in the measurements of parking spaces and driveways, and this should allow an adjustment in the measurements of parking spaces and driveways, and the company proposes to erect a parking structure which could contain about 750 parking spaces, and asks for a variance to permit this; that the company asked that, if the Committee did not see fit to grant a variance, the final decision as to the adequacy of the parking be delayed until such time as the project is fully operational (or, in another letter, until such time as the working drawings for the balance of the project are available to the Committee and City staff) - at that time, the method to be used to establish the adequacy would be jointly resolved by their consultant and a consultant to be appointed by the City - should the consultants indicate additional parking requirements to those already provided by that time, the company would meet this at its option by the alternatives listed in the Committee's letter. The letter states that the Committee at its meeting held on November 5th, 1974 resolved as follows:- (1) that Brunswick Square Ltd. be permitted to construct the parking garage of about 750 spaces it is now planning - but that these spaces and their access driveways or aisle widths be of standard size under the Zoning By -Law; (2) that it be recommended to Council that, subject to paragraph 3, Brunswick Square pay to the City $1,500.00 for each parking space deficiency between the parking actually provided in the garage and the spaces required under the Zoning By -Law for phase I, with the deficiency to be determined by City staff after final plans for construction and the building permit for the garage have ' been submitted by Brunswick Square; (3) that Council defer the payment by Brunswick Square for two years or until Phase I is completed, whichever is earlier (the reason for this is to allow Brunswick Square the use of the money during the construction period for the garage); (4) that Brunswick Square would have to apply to the Planning Advisory Committee for any variance it might wish to seek in the parking required by the Zoning By -Law for phase II of its development - by that time, the Committee will have reviewed the effect of the many more smaller than standard cars now being manufactured, the experience, if any, of parking in the garage built for phase I and the effect of new escarpment on other parking provided in the interim for the central business district. The letter notes that early action on the matter is required because permits for the further stages of phase I cannot be issued until a decision is taken on the parking and agreement reached with the company, and requests that the Council act on the Committee's recommendation to accept a money payment in lieu of any parking deficiencies for phase I of the Brunswick Square project as outlined in the letter and that the proper legal arrangements between the City and Brunswick Squard Ltd. be entered into to that effect. Councillor A. Vincent expressed the view that the request in the above matter should come to Council from the owner of Brunswick Square Ltd. and not from a civic Department, or that the request should come jointly from the said owner and the Department. He proposed a motion that the above report from the Planning Advisory Committee be tabled for one week and Trizec Corporation be advised of the said report and that the said company come forward with its plans. During ensuing discussion, Councillor MacGowan proposed a motion, which was not seconded, that the recommendation of the Planning Advisory Committee as set forth in the said November 6th, 1974 letter, be adopted. In;reply to Councillor Kipping, who suggested that one week would not be sufficient time for the company to prepare its submission in this matter, Councillor A. Vincent stated that // this developer has been excavating at the site for months without a building permit and that no permits are R1.7ho,4/i// S available in the City of Saint John for excavation work. He added that he is all for this proposed project, 670/V,"?,/ �rLC//S'k/jCK and that if this developer at the end of one week wants to come back and ask for an extension, he will move it again. Tr/:te� for On motion of Councillor A. Vincent 07'r--/ S ire Seconded by Councillor Pye p_wnk n RESOLVED that the above named report from the Planning Advisory Committee �e be laid on the table for one week and that Trizec Corporation have an opportunity to react to the said report ��rsKhSWjC and come to Council in the matter. of Ltdre 9 being taken, "nay ". Question the motion was carried with Councillor Parfitt voting On motion of Councillor Gould Seconded by Councillor M. Vincent S ✓ [/ RESOLVED that the letter from the Saint John Housing Commission advising that further to Common Council resolution of October 15th, 1974 which referred the proposed development C p/Y/IY! /SS/ O by Mr. Walter A. Beckett to the Commission for a recommendation to Council, the Commission held a joint meeting with the Planning Advisory rjuS //?,q Committee and thoroughly studied all of the background information on the �JrO� Beckett proposal and, as a result, the Commission by resolution supports the concept of housing developments, provided they are consistent with plans for orderly growth, and in view of the lack of firm commitments by the kei� development the Housing Commission cannot support the application of Mr. Walter A.Beckett, be received and filed. Councillor A. Vincent asked that the Saint John Housing Commission be notified that the above matter is set over, in case the Commission might want to put some dialogue into it. The Deputy Mayor advised that the Common Clerk says he will carry out this request. 982 T �/au,sin9 C'oinmiS�ior/ Ca�racfu�/ a6 /yaiiari r e 47Hfe SCa�e�i5.y rleve' leo> t before ie/ -zohih �f✓ or/ C'ouhc� %/r �• S"T 2911%ri;p 9f �hif %h q •5�'!C /Ieu o f %r%ze? Crp „�i�erehsw/ �h a5'y. S'74ZW C'/ /au s Pa/Qde 6?am'" . Santa C' /a u s 7'anad e ;V,9n:?de tact %, re /ezced crs'roand 7 (T/t7nZ�" ale S/ k7 met Ci �y Sd/ �^itor ��p70lli/OH Urban ?Fene496�/ �v- .3s-ooclrqspt4 A W/ ; S T..Ce9a/ On motion of Councillor M. Vincent Seconded by Councillor Hodges • RESOLVED that the letter from the Saint John Housing Commission advising that at a meeting of the Commission held on October 28th, 1974 the Commission resolved that when application is made for re- zoning for any large scale housing development, the applicant be required to enter into binding contractual obligation before final approval is granted for such re- zoning, be received and filed. On motion of Councillor A. Vincent 01 Seconded by Councillor M. Vincent RESOLVED that the matter of adoption by the Comnon Council of the policy advocated by the Saint John Housing Commission that when application is made for re- zoning for any large scale housing development, the applicant be required to enter into binding contractual obligation before final approval is granted for such rezoning, be laid on the table to obtain a report from the Saint John Housing Commission on the exact definition of the Commission's intent regarding the words "large scale" in this matter. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the letter from Councillor A. Vincent, dated Novem- ber 7th, 1974, proposing the following motion for consideration by Common Council:- "WHEREAS under the provisions of a by -law entitled 'A By -Law Under the Authority of Section 19 of The Saint John Parking Commission Act in Respect of Relief to Owners from the Provision or Maintenance of Off - Stre=et Parking Facilities', enacted by the Common Council on April 13th, 1971, the Common Council may authorize agreements with owners of buildings or structures to be erected, re- constructed or structurally altered to provide relief, to the extent set out in the agreement, from the provision of the City of Saint John Zoning By- Law and exempting such owners to the extent specified in such agreement, from the necessity of providing or maintaining such facilities: THEREFORE BE IT RESOLVED that the Common Council adopt as a matter of policy that the sum of $3,500.00 be provided by developers in lieu of provision of on -site parking. ", and stating that he is of the opinion that the present sum of $1,500.00 to be provided by developers in lieu of on -site parking is not realistic -- be referred to staff for a report. Councillor A. Vincent advised that his above proposed resolution would not in any way refer to any matters now before the Planning Advisory Committee, but would refer to matters considered in future, after November 7th, 1974. He stated that he would like the staff report to come before Council at the same time the Trizec matter comes before Council, but it ould not be considered as related to the Trizec matter. He noted that when the Council gave commitments to permit the payment of $1,500.00 per parking space in lieu of provision of such off- street parking spaces a car parking space could be built for $2,300.00, but he has learned that it now costs around $5,000.00 to build each parking space, and he therefore feels that the figure of $3,500.00 per space is not an unrealistic figure. Councillor Parfitt made the point that the matter of more mass public transit is under study as well as other ways of preparing a lot of parking in up -town areas, and that the proposal under discussion regarding payment of the higher amount in lieu of providing off - street parking spaces adds to the problems developers have to contend with today in developing costly parking in the centre of Saint John. She stated that in her own opinion, she would think that the opportunities open to developers to develop parking in the centre of this city are rather limited. Councillor Kipping asked that when the above matter goes to staff for a report, the report include comparisons with what other cities are charging in lieu of said off - street parking lots being provided, and so on. The Deputy Mayor advised that Mr. Barfoot has made a note of this request. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the letter from Mr. A. P. Gregory, Chairman of the Santa Claus Parade Committee, advising that this parade is scheduled for the morning of November 23rd, 1974 and the Committee is requesting that consideration be given to the restricting of parking along the parade route in the interest of safety for the spectators, as well as for the participants in the parade, from Crown Street to Lansdowne Avenue,.and for the other reasons given in the letter, be received and filed and parking be restricted along the parade route the day of the Santa Claus Parade. Councillor MacGowan asked for the opinion of Chief of Police Ferguson in the above matter, and he stated that he agrees with the request and that it is the right move, although it is almost impossible to enforce. On motion of Councillor Hodges Seconded by Councillor M. Vincent RESOLVED that the letter from the Board of Trustees of the i4esleyan Burial Ground, seeking a grant of $5,500.00 per annum from the City of Saint John towards the expenses of restoration of this cemetery until the work is completed, hopefully not beyond three years, and advising that the Board of Trustees will continue its own efforts to raise funds for the restoration work (estimated to cost $30,000.00 in addition to the $5,000.00 spent to date) during the period the pity grant is in effect, be referred to the Budget Committee. 0 n • Councillor MacGowan commented that the Council would be remiss as a Council if it did not at ' this time give credit to those who have taken over the beautification of this burial ground and have done a wonderful job there this last year. She added that, hopefully, the City can support them financially, and that, certainly, the Council appreciates their co- operation. The Deputy Mayor, with reference to the request submitted by the said Board of Trustees, noted that there are technicalities involved in the matter and it is not just a matter of a straight grant, as was explained to Council in a letter from the City Solicitor to Council on July 29th, 1974 when the previous request for a grant for this cemetery was before Council. Councillor A. Vincent advised that he did not have a copy of the said letter from the City Solicitor, and asked that a copy be provided to him prior to the budget meeting. The Common Clerk .replied that he will be given a copy, immediately. Mr. Barfoot advised that with regard to the request for information on the Dock Street properties considered earlier in the meeting under the Urban Renewal office report on tenders for demolition, the • properties at 21 -35 Dock Street were formerly Beat's, Saint John Legal Aid, plus two other doors; at 37- 39 Dock Street was the Cash & Carry Cleaners. Councillor A. Vincent asked how the Council can approve calling for tenders to tear down 37 -39 Dock Street without first having an auction sale on all the equipment in that property. He stated he understands that equipment is being stolen daily out through the roof and that at night between the hours of 2.00 a.m. and 4.00 a.m. this almost creates a traffic F- • 66 t7, - (li n cen • f�eriecva/ T hder , -D49AJ o/ M?1-is Grove Cor/- sc`ruc*�i orr,{2a 37- 39 Pro�er�bf . Al 494Q purchased �»veh�ary af' eris�i�,y e9u11ornenr n 0 problem on Dock Street, with the copper pipe and other materials that are coming out of that building. He charged that there is not one of the City staff that wants to do anything about this situation. He stated that he asked at the Land Committee meeting the other day why we do not have a public auction of the equipment from this property and he recalled that when the Council approved the acquisition of this property he questioned the Redevelopment Officer why we do not have an auction sale to dispose of the equipment and to recover some of the purchase price of the property and equipment. He asked why is the Council permitting - why is our Police Force, why is the City Manager, why is all the staff permitting - the Cash & Carry property to create the said traffic problem in the early hours of the morning with theft of equipment from 37 -39 Dock Street. Councillor Hodges in reply to Councillor A. Vincent's remarks, commented that if a Councillor is making a statement of this nature as a "boss" it amazes him that a Councillor permits it to happen. He pointed out that it is the job of a Councillor to see that these things are stopped. Councillor A. Vincent recalled that when we bought the building he asked for an auction sale of the equipment and he was told there would be one, and he pointed out that to this date, an auction sale has not been held, and that if the situation regarding theft continues there will be nothing there on which to hold an auction, in time. Councillor Hodges suggested that Councillor A. Vincent was out of order in discussing the subject of theft and performance of staff at this time, under parliamentary procedures. Councillor A. Vincent replied that he was not out of order - that he was asking for an itemized.list of what we purchased in the property at 37 -39 Dock Street and what is in that building as of 9.00 a.m. November 13th, to ascertain if anything is missing from that property. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the letter from the Assistant Redevelopment Officer advising that a tender opening meeting held on November 4th last accepted bids for the demolition of 21 -35 and 37 -39 Dock Street, be taken from the table and considered at this time. Councillor A. Vincent stated that he wants the sale of the equipment in the 37 -39 Dock Street building to take place before the building is torn down. Mr. Barfoot explained that the item is Urban Renewal demolition contracts and the procedure that was agreed to some years ago regarding these contracts at the commencement of this programme was that the low bid would always be accepted and the contractor notified. He pointed out that this information is really coming to Council for confirmation. Councillor Kipping proposed a motion, which was not seconded, that Councillor A. Vincent be appointed a committee of one to investigate the matter and that the letter from the Assistant Redevelopment Officer be laid on the table for one week. Councillor A. Vincent stated that he questioned Mr. Buck about the equipment situation at 37 -39 Dock Street at some length at the Land Committee meeting and he complained about it and he was promised a report, and it was quite a surprise to him that the item for demolition of these two Dock Street properties was placed on the agenda of this Council meeting. Councillor Davis noted that the question of whether there has been theft or vandalism is one that bears on this question, but the fact remains that we have three tenders for the demolition of these buildings. He pointed out that these buildings are going to be demolished and he suggested that rather than go through the tender calling again why not say that when these buildings are demolished they can be demolished by the lowest bidder; and then the Council can carry on with the other subject matters that have been raised. On motion of Councillor Davis Seconded by Councillor M. Vincent RESOLVED that the letter from the Assistant Redevelopment Officer advising that at a tender opening meeting held on November 4th last, the low bid of Grove Construction Ltd. was accepted for the demolition of 21 -35 and 37 -39 Dock Street for the total sum of $9,348.00 and that this company will be notified immediately of the acceptance of the bid and that work will commence when the company has signed a demolition contract and abided by its conditions, be received and filed and the said low tender accepted. On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that Councillor A. Vincent be permitted to place on the agenda of this meeting the matter of equipment in the Cash & Carry building at 37 -39 Dock Street. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the Urban Renewal office be instructed to make an itemized list on the morning of November 13th of the equipment that is in the former Cash & Carry property at 37 -39 Dock Street as of the morning of November 13th and of what equipment the City as a member of the Partnership bought when purchasing this property, and the date of such purchase, and that the requested list be available for the next Council meeting. Councillor A. Vincent volunteered to make himself available for the above requested inventory of equipment on the morning of November 13th. Councillor MacGowan asked if demolition work has commenced on 37 -39 Dock Street yet, and if the contract for demolition has been signed as yet with the successful tenderer. Mr. Barfoot replied that he did not have that information, and that he can obtain it. Councillor A. Vincent asked that before the Council leaves the City Hall building at the close of the Council meeting this evening, the City Manager supply him with a list of what the City bought in purchasing the said Cash & Carry property, so that he would have such list prior to tomorrow's inventory taking. The Deputy Mayor replied that this request will be complied with. On motion The meeting adjourned. X34 At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the eighteenth day of November, A. D. 1974, at 4.00 o'clock p.m. • present E. A. Flewwelling, Esquire, Mayor Councillors Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye and M. Vincent and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. , Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, A. Ellis, Building Inspector, D. Carter, Economic Co- Ordinator, and D. French, Director of Personnel and Training A prayer, which was offered by Major Albert Browning of The Salvation Army, opened the meeting. On motion of Councillor Gould ' Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held November 4th last, be confirmed. On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that minutes of the meeting of Common Council, held on November 12th last, be confirmed. • The Mayor at this time introduced Dr. John M. Anderson, President of the University of New U N _ S T Brunswick, who was present at the meeting accompanied by Dr. G. Forbes Elliot, Principal of the Univer- sity of New Brunswick in Saint John. The Mayor read the following news bulletin which was being released at this time jointly by the Mayor and Dr. Anderson: - C/4 "Dramatist Alec Stockwell of Stratford, Ontario has been named artist -in- residence for the City /%7 - of Saint John and the Saint John campus of the University of New Brunswick. �I �1 Mr. Stockwell will devote half of his time to the city and half to the university. He will help develop community leadership in the field of drama, assist the city in laying the foundation for programmes in connection with the civic centre, and enrich cultural programmes for university students. In addition, Mr. Stockwell will continue to pursue his own artistic development and maintain professional ' contacts with Canada's theatres. The appointment has been made possible by a $3,000.00 Canada Council grant. The city and the university have also contributed matching grants of $3,000.00 each. Mr. Stockwell's versatile career and stage experience includes theatre direction, stage management, ing, verse reading, translation and piano study at the Royal Conservatory of Music." The Mayor introduced Mr. Stockwell who was also present at this time, and expressed the pleasure the citizens to welcome him to Saint John. Dr. Anderson in associating himself with the above announcement, stated his delight that the ity and the University are co- operating to the mutual benefit, once again, of the City and the University n Saint John. He paid tribute to the major assistance that this University campus has received from the ity, and is continuing to receive, and indicated that during his tenure as President of the University • e will endeavour to promote the development of the Saint John campus as expeditiously as possible. He tated that the University has some plans in mind for the Saint John campus, perhaps the most notable eing the third and fourth year programme of Science to round out the core area of degree granting, and ertain other areas where they think the Saint John campus will provide some leadership; already, the niversity has a ship which is moored in the Kennebecasis Yacht Club area which is the beginnings of the niversity being able to exploit the unique opportunities that are the Bay of Fundy., the,Saint John iver estuary and the Saint John River; in the terms of the University's involvement in marine activities t seems apparent that this is an area that the Saint John campus should take on and provide leadership; e therefore looks forward to a day in the not - too - distant future that students will come from other arts of New Brunswick includingFgecbricton and also from other parts of Canada to the Saint John campus, , ecause there will be things going on here that will not be going on in Fredericton and perhaps, in some espects, will not be going on anywhere else in Canada; in the meantime, he is looking forward to developing he whole area of the cultural development of the Saint John campus in association with the City of Saint ohn. He expressed pleasure that we have been able to procure the services of Mr. Stockwell in this egard. He stated that he looks forward to a continual growth in future of the University of New Brunswick n Saint John in co- operation with the City of Saint John because, in many respects, the University in aint John is here to serve the citizens of this city. On motion of Councillor M. Vincent ' Seconded by Councillor Gould RESOLVED that the report for October of the Water and Sewerage Division of the Works Department, and the August and September reports of the Street Division of the said Department, be received and filed. In commending Mr. MacKinnon on the utilization of the City's own equipment, in regard to the bove noted reports, Councillor Parfitt felt that a further $3,000.00 was saved because, from her observation, 116,000.00 was spent less on seven items, $12,000.00 more on three items, making a total of $104,000.00 aved instead of the $101,000.00 saved that is claimed in the reports. Councillor Hodges noted that Mr. MacKinnon's report says that the City has six street cleaners • nd that of that number two of them do sixty per cent of the work and the other four do forty per cent of he work. He asked if there is something wrong with these machines and if it is time to dispose of them. n reply, Mr. MacKinnon explained that of the four mechanical machines, the one being used in the western r 2S5 Councillor MacGowan advised that about one and one -half years ago she had a call from citizens who A//� i were concerned about filling in Howe's Lake because they seemed to think the City was encroaching on the Lake, 01wes and at that time the City was working around the border of the Lake. She stated that she would like to know the (LO dajgn o pros and cons of the matter of advisability of filling in this Lake before she could accept the recommendation to fill it in completely. Councillor Davis, in reply, pointed out that there is so much garbage there and so much leaching into the Lake that it will probably be one hundred and fifty years before it will be any good; he does not believe there is much point in trying to save that Lake because of these conditions. sector of the city is working fairly well - the others are broken down most of the time, and of these two of them are inoperable most of the time and he believes one is being used for parts; they cannot be utilized - they • SthEBG are not like the vacuum sweepers. Councillor Hodges stated that in that case, if they are not useful, he /e�h questions the usefulness in having them around and he suggested that Mr. MacKinnon bring in a report on recom- C /� 9 mendation for disposition of these particular machines. Mr. MacKinnon pointed out that we have these machines egaolvl wt' around because we own'them; we have been purchasing new machines - we purchased one this year and will be / purchasing another in 1975 - he believes that when the City bought the new machine this year the person who took 91 r $ it in on trade did not accept the old machine which has been left with the City. Councillor Hodges expressed j� the view that the City, with its area of 103 square miles, should have more than one flusher in its fleet of ✓ �° ,04 equipment in order to facilitate the proper clearing of debris from streets. Mr. MacKinnon replied that there is quite a list of equipment that we are trying to purchase, but this list does not include a flusher; he would be glad to have one. Councillor Hodges suggested that Mr. MacKinnon make request for a flushing machine in the said list. Consideration was given to the report from the City Manager and Mr. MacKinnon on the subject of management of solid wastes in the city, which recommends that Howe's Lake continue to be used as a disposal site but that its use be extended and its operation made more acceptable by the purchase of a landfill compactor, and that the remnant of the Lake be infilled, and which points out that the current staff vacancies in the Works Department it will be impossible for that Department to prepare a comprehensive report on solid wastes management within a reasonable time limit, and that therefore consideration should be given to the hiring of a consultant for this purpose. It was noted that this report was laid on the table by Council resolution of November 12th last. With regard to the matter of the hiring of a consultant to prepare a comprehensive report on solid wastes management within a reasonable time, Councillor Kipping advised that he would like to mention and put before Council for its consideration and he stated that he has the consent of the person who made the offer to do so - that the Dominion Refuse Collectors Company and the Dominion Metals Limited have indicated to him that they would be pleased to do a study. He stated that he pointed out to these companies that they have a vested interest in the matter; in reply to that, Mr. Kaplansky said that what he would do would be that he would point out those areas in which he did have a conflict of interest at the same time as he would produce what facts and statistics his companies are already in possession of -- this would be done at no cost to the City. He ex- pressed the view that the Council would accept suggestions from any interested citizen or a group of citizens on this very contentious problem. Councillor Kipping felt that the Council should either hire consultants or perhaps accept the offer of this local firm to do a study at no cost. He added that it may turn out that if that study by the local firm is not complete or sufficient enough or exactly what the City wants, the City would have to go to consultants anyway - he suggested that the Council not refuse an offer at no cost to produce statistics and facts from a company or companies which are knowledgeable in the field. Councillor MacGowan advised that about one and one -half years ago she had a call from citizens who A//� i were concerned about filling in Howe's Lake because they seemed to think the City was encroaching on the Lake, 01wes and at that time the City was working around the border of the Lake. She stated that she would like to know the (LO dajgn o pros and cons of the matter of advisability of filling in this Lake before she could accept the recommendation to fill it in completely. Councillor Davis, in reply, pointed out that there is so much garbage there and so much leaching into the Lake that it will probably be one hundred and fifty years before it will be any good; he does not believe there is much point in trying to save that Lake because of these conditions. i/Oh�il�•y reoo r£ CO/il%I/B/3%7j �f- lull Z0'#.t �dest��ah z`tw�i /iyh t On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that as recommended by the City Manager and the Executive Director of Operations, with regard to the present situation and alternatives concerning the management of solid wastes in the city, Howe's Lake continue to be used as a disposal site and that its use be extended and its operation made more acceptable by the purchase of a landfill compactor, and that the remnant of this Lake be infilled, and that a comprehensive report be prepared on solid wastes management within a reasonable time limit and the necessary survey be made, by the hiring of a consultant. Mr. Barfoot explained that arising out of the report from Mr. MacKinnon, there are four recommendations in his letter to Council:- (1) that Howe's Lake be continued as a disposal site presumably pending the com- pletion of a consultant's report; (2) that equipment be purchased which will be presented for Council's con- sideration during budget discussions; (3) that Howe's Lake be infilled in order to give it some chance of restoring that ground to a reasonably attractive area when the whole landfill operation is completed; (4) that the hiring of a consultant be considered for the whole operation of solid waste management. Councillor MacGowan commented that it is a case of the Council doing what is recommended in the City Manager's letter, or if the consultant is hired let the consultant make the recommendations - if the City is going to do all the things recommended in the City Manager's letter, there is no point in hiring the consultant. Question being taken, the motion was lost with the majority of Council members voting "nay" On motion of Councillor Davis Seconded by Councillor Higgins RESOLVED that the City Manager be instructed to approach experts in the eld of solid wastes management with a view to engaging a consultant to advise the City on these matters, and at before a consultant is engaged that the City Manager inform the Council on the cost of the study: AND FURTHER that with regard to the offer of Dominion Refuse Collectors to supply the City at no cost th the information in its possession on the subject of solid wastes management, the said firm be consulted to tain this information. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the report for October of the Building and Technical spection Services, including the Plumbing Division, be received and filed. On motion of Councillor Higgins Seconded by Councillor Kipping RESOLVED that the letter from the City Manager submitting a report from r. J. C. MacKinnon, Executive Director of Operations which explains that this report (which is being made in eply to the request made to Council on May 21st, 1974 by the management and employees of Commercial Equipment td. of 180 Crown Street that consideration be given to the installation of a pedestrian traffic light on Crown treet between that location and the Evening Times -Globe buildings of the type that can be manually operated y those wishing to cross the street) could not be made earlier because the answer to the request was tied to he design and addition of traffic lights at the intersection of Union and Crown Streets and that these lights ave now been designed and will be installed at or near the completion of the western portion of the Courtenay So /?-/ cdas- to s M.7" meat - aorr/i hi o� Re -fecs e i/Oh�il�•y reoo r£ CO/il%I/B/3%7j �f- lull Z0'#.t �dest��ah z`tw�i /iyh t On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that as recommended by the City Manager and the Executive Director of Operations, with regard to the present situation and alternatives concerning the management of solid wastes in the city, Howe's Lake continue to be used as a disposal site and that its use be extended and its operation made more acceptable by the purchase of a landfill compactor, and that the remnant of this Lake be infilled, and that a comprehensive report be prepared on solid wastes management within a reasonable time limit and the necessary survey be made, by the hiring of a consultant. Mr. Barfoot explained that arising out of the report from Mr. MacKinnon, there are four recommendations in his letter to Council:- (1) that Howe's Lake be continued as a disposal site presumably pending the com- pletion of a consultant's report; (2) that equipment be purchased which will be presented for Council's con- sideration during budget discussions; (3) that Howe's Lake be infilled in order to give it some chance of restoring that ground to a reasonably attractive area when the whole landfill operation is completed; (4) that the hiring of a consultant be considered for the whole operation of solid waste management. Councillor MacGowan commented that it is a case of the Council doing what is recommended in the City Manager's letter, or if the consultant is hired let the consultant make the recommendations - if the City is going to do all the things recommended in the City Manager's letter, there is no point in hiring the consultant. Question being taken, the motion was lost with the majority of Council members voting "nay" On motion of Councillor Davis Seconded by Councillor Higgins RESOLVED that the City Manager be instructed to approach experts in the eld of solid wastes management with a view to engaging a consultant to advise the City on these matters, and at before a consultant is engaged that the City Manager inform the Council on the cost of the study: AND FURTHER that with regard to the offer of Dominion Refuse Collectors to supply the City at no cost th the information in its possession on the subject of solid wastes management, the said firm be consulted to tain this information. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the report for October of the Building and Technical spection Services, including the Plumbing Division, be received and filed. On motion of Councillor Higgins Seconded by Councillor Kipping RESOLVED that the letter from the City Manager submitting a report from r. J. C. MacKinnon, Executive Director of Operations which explains that this report (which is being made in eply to the request made to Council on May 21st, 1974 by the management and employees of Commercial Equipment td. of 180 Crown Street that consideration be given to the installation of a pedestrian traffic light on Crown treet between that location and the Evening Times -Globe buildings of the type that can be manually operated y those wishing to cross the street) could not be made earlier because the answer to the request was tied to he design and addition of traffic lights at the intersection of Union and Crown Streets and that these lights ave now been designed and will be installed at or near the completion of the western portion of the Courtenay 286 ReWe5671%W7h �ra{�/ CrOGf/4! .SZ� C'co�ime/�cia1/ %ra�f/C ��Jiiz Uri i o h q C°roui Sts, By -,law a/n�aQrir/ a /-i z< 6�dya. pro�edare See �'OOUi /I /i1o� /bh Civic�rn rove fir/ e.4071.1- i- /CdG %bh C.oMhJ .FX��iS/ Oh .�yside..7Jrri Cohz� c- fin9.0 Bay causeway and it is hoped they will alleviate the present problem of vehicle control and pedestrian crossings, and which further explains that in reply to the said petition, pedestrian lights or signals • are installed according to the conditions that warrant them, the conditions according to national standards being: (1) at least 250 pedestrians crossing the major street in each of two hours, (2) at least 500 vehicles per hour, during the same two hours on the same major street, and (3) no other signal within 1,000 feet of the crossing under consideration; and which further states that at the present time, the required number of pedestrians crossing, and the automotive flow do not meet the required warrant and, in addition, the distance from the proposed signals at Union Street and Crown Street will be approximately 740 feet from the Commercial Equipment building - and recommends that at the present time, pedestrian lights not be installed, but that the situation again be reviewed on the installation of the traffic signals to ensure the pedestrains some measure of safety -- be received and filed and the recommendation . contained in the City Manager's letter be adopted, namely, that no pedestrian lights be installed at the ' said Crown Street location requested by the management and employees of Commercial Equipment Ltd. at the present time, but that the situation be reviewed after the lights at the intersection of Union and Crown Streets are put in operation. In reply to Councillor M. Vincent's question on how close the volume of pedestrian crossings on s particular section of Crown Street is to the minimum volume required according to the standards erred to in his letter, Mr. MacKinnon explained that the numbers quoted are the numbers required, and t he does not have the actual numbers taken of the crossing with him, although he has them on file; numbers of actual use are quite removed from the national standards numbers - the only people crossing . re are those qho are going into the Commercial Equipment Ltd. building. The Mayor withdrew from the meeting at this time and Deputy Mayor Higgins assumed the Chair. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager advising that r some time, a staff committee under the chairmanship of Mr. R. Dhar has been working on some changes the procedure for demolition of buildings in the city, and submitting a draft of amendments to the .ilding By -Law which has been recommended by the said committee, and recommending that the proposed • endments with the following variations: with regard to the requirement that a deposit be made re- rding demolitions, the formula to be employed be as follows - 30% up to a contract price of $5,000.00, th a minimum of $200.00; 20% up to a contract price of $10,000.00; and 10% of contracts greater than 0,000.00; and that in addition to the committee's draft he recommends the amendment that persons plying for a demolition permit should have proof of the necessary insurance to the satisfaction of the ilding Inspector -- be approved in principle by Council and referred to the Legal Department to prepare appropriate amendment to the Building By -Law -- be received and filed and the recommendations adopted. On motion of Councillor MacGowan Seconded by Councillor Davis RESOLVED that the matter be laid on the table for two weeks and ferred to the Civic Improvement and Beautification Committee to enable the said Committee to submit mments on the proposed amendments to the Building By -Law. ' Councillor MacGowan advised that the Civic Improvement and Beautification Committee is con - rned about particulars such as removal of hazards after demolition of a building, final inspection, and e procedure regarding "until the site is properly cleared ". Question being taken, the motion to table was carried with Councillor Kipping voting "nay" The Mayor resumed the Chair at this time. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the City ager, authority be granted for payment of the following construction progress certificates and approved oices for engineering services in'connection with projects that have been undertaken under the De- • tment of Regional Economic Expansion programme:- Bayside Drive Reconstruction and Extension (a) Phase II, Bayside Drive Railway Overpass Callaghan Contracting Limited Total value of contract $ 247,404.00 Total work done, Estimate Number 8 240,518.37 Retention 15% 36,077.76 Payments previously approved 177,773.58 Sum recommended for payment, Estimate Number 8, October, 1974 $ 26,667.03 • (b) Murdoch - Lingley Limited /! � 12V Engineering services (property survey) Payments previously approved $ 14,692.30 Sum recommended for payment, Estimate Number 12, to October 31, 1974 $ 287.00 ( c) Power Commission of the City of Saint John /vH'erG oalrrl /ssia Relocating Power Commission of the City of Saint John facilities Payments previously approved $ 26,362.47 Sum recommended for payment, Progress Payment Number 5, October 29, 1974 $ 1,043.98 /le�uSeU.b 2. Courtenay Bay Causeway Approaches A. D. I. Limited �•l �Z`� Engineering Services for Western Approaches A Payments previously approved $ 113,815.15 Sum recommended for payment, Progress Estimate Number 29, August 30, 1974 $ 10,311.17 Milford - Randolph - Greendale Collector Sewer / %Sewer Giffels Associates Ltd. /Co i�l7 �C�S �55OC. For engineering services �f • �.C�lfeu�ood A scaler Teo ersa G-' wlo C. pivaa/ �1aWg e ZRkmr1ood j f/he�� iU�ds� 'Gera /dT, y C'o, ,yid r?W e7'-ew Seiner .Fx/�6itioh C�ir�tclrs (,auSEUial i �PPrE IVA (!Zyiada 5 /Y%i /lt�ye- lei ells Q #S 'rvof°s .�oar7 M nk o7'` fi9reem erri Payments previously approved $ 115,691.54 Sum recommended for payment, Invoice dated November 7, 1974, Estimate Number 36 $ 692.33 4. Lakewood and Champlain Heights Collector Sewer Proctor & Redfern Group Engineering services for design in Champlain Heights Payments previously approved $ 172,229.70 Sum recommended for payment, Progress Estimate Number 25, October 22, 1974 $ 5,191.64 On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the following construction progress certificates be paid on contracts for projects that are included in the Capital Budget:- 1. Lakewood Heights Area, Phase II Gerald J. Ryan Company Limited Total value of contract $ 96,686.25 Total work done, Estimate Number 3 88,542.50 Retention 13,281.38 Payments previously approved 61,146.42 Sum recommended for payment, Certificate Number 3, November 8, 1974 $ 14,114.70 2. Golden Grove Road Area Supply and Install 8 -inch Sanitary Sewer Exhibition Park Extension Chitticks (1962) Ltd. Total value of contract $ 20,985.20 Total work done, Estimate Number 3 18,739.91 Retention Nil Payments previously approved 18,177.71 Sum recommended for payment, Certificate Number 3, November 1, 1974 $ 562.20 On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager, in response to Council's request for information, advising that the original completion date of the Courtenay Bay causeway eastern approach was October 25th, 1974 and the contractor, Goodyear Paving Ltd., at this date (November 15th, 1974) has only completed seventy per cent of the work and will not be able to meet the completion date, the main reason being a shortage of skilled tradesmen - however, the base course asphalt will be laid and the approach will be operational before the winter shutdown; and that with respect to the western approaches, the original completion date was December 1st, 1974 but the job is only about sixty per cent completed, the delay being basically for the same reason as in the case of the eastern approach - no other completion date has yet been approved, but the matter is under consideration -- be received and filed. Councillor M. Vincent asked if there is a delay penalty in the contract with Goodyear Paving Ltd. Mr. Barfoot replied that there is a contract date for completion and there is a clause in that contract in this regard which is why the City is still negotiating with the contractor on this matter. Councillor M. Vincent asked if it is possible that even though there would be a slower completion date the contract might not cost th City as much as it had estimated it would cost, because the contractor could not meet the completion date deadline. In making affirmative reply, Mr. Barfoot pointed out that this is an interim report pending resol- ution of the point referred to by Councillor M. Vincent regarding exercise of the penalty clause in the contract. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that authority be granted for payment of the invoice submitted by Canada Packers Limited in the amount of $4,950.00 for work done at the abattoir during April and June 1974 in the improvements to the beef chill cooler and the hog chill cooler and to the freezer room, the said invoice having been approved by the Abattoir Commission and provision for this expenditure having been made in the 1974 On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the Common Clerk advising that on April 1st and June 12th, 1974 the Common Council authorized First L.D.H. Ltd. to proceed with replacement of nine roofs at the Millidgefield apartments at an estimated cost of $100,000.00 with the City of Saint John to guarantee the loan; that arrangements have been made with the Bank of Montreal for a $100,000.00 loan on a demand note basis at an interest rate of the Bank's small business prime rate plus 1 1/2 %, which at present is 12% per annum; that the said Bank, by letter dated November 12th, 1974, a copy of which is submitted, requested that the Common Council adopt a resolution giving unconditional guarantee of the City of Saint John to support this loan and requested that the name of the Bank of Montreal be included in the resolution as set forth in the Bank's said letter of November 12th, 1974, be received and filed: AND FURTHER that the City of Saint John give an unconditional guarantee to support the new loan.of $100,000.00 by First L.D.H. Ltd. for the repair of buildings at Millidgefield apartments with the Mayor and Common Clerk authorized to sign an agreement with the Bank of Montreal (being Bank of Montreal form L.F.44) for the said loan with an undertaking that the guarantee will be implemented at any time if the Bank of Montreal so requests. In reply to Councillor Kipping's query as to whether he is in agreement with the above procedure, Mr. 'ark stated that the matter was before Council in general terms previously and the resolution required is now efore the Council to be a little more precise with particular reference to the fact that there will be a .eferment of the repayment of the principal, which is why the matter has been brought back to the Council at his stage. Councillor Kipping expressed apprehension that perhaps the City in agreeing to "unconditional uarantee" of the loan will be placed in an awkward situation because of the fact that the word "unconditional" s completely inflexible in its application. In reply to Councillor Kipping's question as to whether the unconditional guarantee" requirement is normal, or is something extraordinary, Mr. Park stated that if there is to be a guarantee at all it is normal to have it unconditionally; there have not been many instances in ?8S the City has guaranteed loans and therefore we do not have many instances that we can say the whole ce is normal; it is a rather unusual situation. On motion of Councillor Higgins: • Seconded by Councillor M. Vincent o�Jre2 117) - BSS RESOLVED that the letter from the Common Clerk, advising that .(ees% f/ ,led he has searched the Common Council records for the years 1870 to 1876 and could find no reference to the �/ property situate at 252 Princess Street which is owned by Leesha H. Zed, be laid on the table until Court, 9 rxva Councillor A. Vincent is present at Council. Referring to the list of equipment that is to be sold, Councillor MacGowan noted that it contains office furniture, adding machines, office supplies, two pick -up trucks and one pick -up delivery van, and she suggested that, rather than offering these for sale that the pick -up trucks would be useful in transporting equipment such as lawn mowers, and other equipment, used by the Works Department in the beautification project it is undertaking for the Civic Improvement and Beautification Committee. Mr. Barfoot explained that the policy that is being followed is that all the items of equipment and materials are being disposed of through the Urban Redevelopment Office in a proper fashion by written bids; most of the material is specialized equipment used in the laundry business and professional assistance was obtained in disposing of this material. With regard to the said trucks, Mr. Thompson advised that they . are in a compound, being held for the City. He stated that if it is.the wish of the Council that they be turned over to the City Works Department, it is agreeable to the Urban Redevelopment Office, because that Office is just trying to get the best value out of the equipment. He advised that as a result of tender bids received five machines have been sold, two are being negotiated and a man is coming in on November 19th who is going to negotiate on three others; the bids came from various parts of Canada and were advertised for in the two local papers, and in one in Nova Scotia, one in Toronto and one in Boston which covered all through the New England states of the United States. Councillor MacGowan felt that the four window fans with shutters that are also listed on the inventory would be useful in the City premises at City Hall during summer months when installed as required, and that there probably should be communication through the City Hall Building Committee with the Urban Redevelopment Office to find out if any of the , inventory items would be useful to the City, particularly the trucks mentioned above. In reply, Mr. Thompson described the trucks as being in not very hopeful condition. 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 begs leave to report-that it sat on November 12th, 1974 when there were present Deputy Mayor Higgins and Councillors Davis, Gould, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent / and M. Vincent, and your Committee begs to submit the following report and recommendation, namely: - /I%arihe �inofq I. That as recommended by the Council Committee which was assigned to assist the Saint John School / of Marine Technology in arranging rental of premises in the City -owned building at 115 Prince William Street by the Saint John School of Marine Technology, which recommendation is concurred in by the City A, !f/hl ✓? Manager, the City approve a grant of $925.00 to the said School covering the period February, 1974 to February, 1975 which is to be applied to the annual rent of $1,925.00 for the said premises for the said • period. Respectfully submitted, 18th November, 1974, (sgd.) Thomas J. Higgins, aint John, N. B. Chairman. A On motion of Councillor M. Vincent Seconded by Councillor Gould ' RESOLVED that the letter from the City Solicitor who was asked by / Council on November 12th last to examine the procedure regarding awarding tenders for demolition of y ,So% �, Z Or properties located in the Urban Renewal area (with relation to the role of Common Council in same), advising that there is no authority for any member of staff or any committee of Council to make a tender (/r6 ah 1�en ep/a award - such a matter is a decision of the Council and is usually made on the recommendation from staff �9bC°t°d�Nl° He or a committee -and that in view of the fact that the Common Council cannot delegate this authority and must make the final decision, he recommends that the following procedure be adopted: -with respect to all ? buildings owned by the City, including Urban Renewal, and whether or not Council approval is sought for %hders %� the demolition, all tender calls be received by the Common Clerk, and opened in the presence of the , 6u, /d: s necessary staff and members of the Council in attendance; after being opened, the results of the tenders by ought to be reported to Council through the City Manager who makes his recommendation as to whom he believes Council ought to award the contract, with the Mayor and Common Clerk authorized to execute the necessary demolition contract between the City and the successful bidder; until the Council adopts the recommendation from the City Manager, there is no contract in existence and, consequently, no relationship or obligation exists between the City and the various bidders -- be received and filed and the said policy adopted. On motion of Councillor Higgins • Seconded by Councillor M. Vincent RESOLVED that the letter from the Assistant Redevelopment Officer further to Common Council resolution of November 12th, 1974, submitting an itemized list of the /v machinery and equipment which was acquired by the City on behalf of the Partnership when the Common CaSlj qt 4 hL Council on April 30th, 1974 approved the acquisition of property at 39 Dock Street from Cash & Carry Cleaners Ltd., listing the items which are now missing (1 cash register, 1 adding machine, 1 "Bermina" sewing machine and 3 heavy meshed caged fans) as determined in the check -up on all items listed as of 7- y loo April 30th, 1974 and stating that all other items listed as of April 30th, 1974 were still in the building, and stating that the Urban Redevelopment Office is quite certain that the items missing were stolen shortly after the City took vacant possession from the previous owner, which was on or about July lst, Ill veil I-ety o-)4 1974, and that access to the building was gained through the sky- light, and advising that immediately ��� /P/�e n � upon being informed of this, the Assistant Redevelopment Officer accompanied by Mr. Horncastle inspected the building and noted that very little had been touched but that all of the side doors had been - entrance rr��C%l1r7e`l"y unlocked from the inside and they immediately arranged to have the sky -light and all exits securely ' ✓ spiked closed, except for the main front and back entrances - the recent inspection showed no signs of any break -ins - and further advising that all items were auctioned off by receiving written bids from firms, both local and national and the Urban Redevelopment Office is in the process of selling all items, with the intention of completing the sales by month's end -- be received and filed. Referring to the list of equipment that is to be sold, Councillor MacGowan noted that it contains office furniture, adding machines, office supplies, two pick -up trucks and one pick -up delivery van, and she suggested that, rather than offering these for sale that the pick -up trucks would be useful in transporting equipment such as lawn mowers, and other equipment, used by the Works Department in the beautification project it is undertaking for the Civic Improvement and Beautification Committee. Mr. Barfoot explained that the policy that is being followed is that all the items of equipment and materials are being disposed of through the Urban Redevelopment Office in a proper fashion by written bids; most of the material is specialized equipment used in the laundry business and professional assistance was obtained in disposing of this material. With regard to the said trucks, Mr. Thompson advised that they . are in a compound, being held for the City. He stated that if it is.the wish of the Council that they be turned over to the City Works Department, it is agreeable to the Urban Redevelopment Office, because that Office is just trying to get the best value out of the equipment. He advised that as a result of tender bids received five machines have been sold, two are being negotiated and a man is coming in on November 19th who is going to negotiate on three others; the bids came from various parts of Canada and were advertised for in the two local papers, and in one in Nova Scotia, one in Toronto and one in Boston which covered all through the New England states of the United States. Councillor MacGowan felt that the four window fans with shutters that are also listed on the inventory would be useful in the City premises at City Hall during summer months when installed as required, and that there probably should be communication through the City Hall Building Committee with the Urban Redevelopment Office to find out if any of the , inventory items would be useful to the City, particularly the trucks mentioned above. In reply, Mr. Thompson described the trucks as being in not very hopeful condition. 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 begs leave to report-that it sat on November 12th, 1974 when there were present Deputy Mayor Higgins and Councillors Davis, Gould, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent / and M. Vincent, and your Committee begs to submit the following report and recommendation, namely: - /I%arihe �inofq I. That as recommended by the Council Committee which was assigned to assist the Saint John School / of Marine Technology in arranging rental of premises in the City -owned building at 115 Prince William Street by the Saint John School of Marine Technology, which recommendation is concurred in by the City A, !f/hl ✓? Manager, the City approve a grant of $925.00 to the said School covering the period February, 1974 to February, 1975 which is to be applied to the annual rent of $1,925.00 for the said premises for the said • period. Respectfully submitted, 18th November, 1974, (sgd.) Thomas J. Higgins, aint John, N. B. Chairman. A On motion of Councillor Higgins • Seconded by Councillor M. Vincent RESOLVED that the above report be received and filed and the recommendation contained therein adopted. Councillor Higgins noted that it is unfortunate that the above item was not taken up earlier in S. T oJC�00/ the meeting when Dr. Anderson, President of the University of New Brunswick was present at the meeting. He 07e/� / M therefore suggested that the Mayor use his offices to inform Dr. Anderson of the assistance the City is giving fir /fie the Saint John School of Marine Technology. The Mayor stated that he will do so. %ec�ino /yy Councillor Green entered the meeting. On motion of Councillor Pye Seconded by Councillor Gould RESOLVED that as recommended in the letter from the Land Committee, which /,2%lGL advises that it has been discovered that in regard to the portion of the Common Council resolution of October 7th, 1974 which authorized the exchange of 1,400 square feet of City -owned land for 495 square feet of land ,{arid ex dh owned by Garfield Reynolds on the Sandy Point Road, the said latter piece of land being required by the City for straightening this Road, the said 495 square feet is owned by Anthony Hachey who bought it from Mr. Reynolds, and Mr. Hachey is in agreement with the said exchange of land as set forth in the Council resolution of October 17th, 1974, the said October 7th, 1974 resolution of Council be amended to provide for the exchange of land Ahf h� between the City and Anthony Hachey, instead of between the City and Garfield Reynolds. h> C-X)ey On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that in accordance with the recommendation of the Planning A17A)ry,1174dlef Advisory Committee, the sum of $1,968.00 be accepted in lieu of land for public purposes with respect to the COi71r�7, Associates Investors of Canada Ltd. Sub - division (the company has created a two -acre lot extending from Woodward %acf�errfi a Avenue to Boar's Head Road on the western side of the New Brunswick Telephone Company Limited property), this • �� eG[ O�'/pLL6 _ figure being eight per cent of the market value before the sub - division as a condition prior to the approval of asub- division plan - the said market value having been estimated by the City's Real Estate Department to be Ranh d / $24,600.00, of this lot. l7SSoC /c�,Z�°S On motion of Councillor Green SI7l�P5Z�Of'S t'"�'14'ct" ^6 ", Seconded by Councillor M. Vincent 054cd'd/ V' RESOLVED that the letter from the Municipal Planning Director advising that the Common Council on October 7th last approved acceptance of the sum of $280.00 in lieu of land for public purposes with respect to the Allison Sansom Sub - division situated just beyond the northerly extremity '57 017 of Eden Street in the Wood-lawn Park Sub - division at Red Head and the amount paid was based on a lot value of $3,500.00 which was determined on the assumption that overhead wires will be used, and further advising that 45dh S0m a re- appraisal of the lot was made because the sub - divider had to put in underground rather than overhead ' .J^LCp // -ael v wires, and the new value of the lot is $2,600.00 which means that only $208.00 is payable that the sub - divider having paid the sum of $280.00 there is a refund to be made of $72.00 which the Planning Advisory Committee recommends the Common Council authorize be done, be received and filed and the recommendation adopted. Noting that there is a lesser value to the lot when utilities are put underground, Councillor Kipping expressed the view that it is no wonder that communities have difficulty in having developers put services underground (which he thinks is desirable from many points of view) and the community, as he sees it, loses in three ways:- it loses on the appearance, on safety and convenience, and on assessment when the value is lowered by putting utilities underground. He asked if his assumption is correct that the value of the lots declines when services are put underground. In reply to the Mayor's question, Mr. Zides confirmed that the same person did the appraising. In reply to Councillor Kipping's query, Mr. Zides explained that it is not that the value of the lot is any the lesser for the services being put underground, it is just the fact that the appraisers take the value off the raw land before the sub - division; the components of the final costs include whatever the developer has to pay in order to get his lot into shape for sale and oneof the components of the cost in this particular case would be the matter of putting the wiring underground, so this figure is deducted from the total final costs to get a raw land cost; the requirement for underground installation is mandatory except in such circumstances where underground servicing is not feasible; the appraiser is interpreting the Act in such cases, which says as follows:- that the value that is appraised for the purposes of money in lieu of land for public purposes is the value of the land at the time of submission of the plan for approval - this means that the developer has not paid the surveyor or the City and has not put the servicing in, and so on - so in order to get back to the raw land stage the expenses have to be deducted from the market value of the land. He pointed out that in large sub - divisions the costs for services to the developer are cost - shared by the Power Commission of the City of Saint John and are really basically paid for to a great degree by the Commission; whereas, in the particular case under discussion it is a one -lot development and the developer pays for the development costs; also, in this particular case there is an extension along the right -of -way which does not have any services - (in most cases, you are dealing with a street that already has services) and this fact affected this case; this is the first such case that has been before the Council with regard to payments in lieu of land for public purposes that has taken into consideration the matter of underground wiring as opposed to overhead wiring, and it is the first time this particular problem has been encountered. Councillor Gould voted "nay" to the above motion. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the Planning Advisory Committee, the following sums of money be accepted in lieu of land for public purposes with respect to the following sub - divisions - in each case, the figure is eight per cent of the value of the new or additional lots as estimated by the City's Real Estate Department: - �c9rlf //% (1) from Marvin Shaw, S -28 - the sum of $224.00 (this property is situated on the southerly side of the S� Latimer Lake Road and 325 feet east of its intersection with the Hickey Road; it is being divided into two lots - Lot A contains the existing Shaw residence, and Lot B is vacant and s for sale); /79 0/;7&' (2) from Raymond Thompson, S -22 - the sum of $248.00 (this property is at the westerly corner of the ® p pSVAO Hickey Road and the Shillington Road; Mr. Thompson wishes to divide it into two lots, one of which fronts only on Shillington Road; this lot has a sub - standard width of 60 feet and a sub - standard area of 10,680 square feet, since the zoning is "RS -2" - requiring 75 feet and 15,000 square feet; the Committee's October 8th meeting granted variances to permit the sub - division on condition that City services will be used - this condition will be met); ����' (3) from Paul R. Gordon, L -114 - the sum of $280.00 (this property is situated on a common right -of -way off the easterly side of the Lorneville Road - near the Howard Wilson property; Mr. Gordon wishes to divide the lot into two lots, one of which - Lot 74 -1 -would contain an existing dwelling and a barn - Lot 74 -2 would have a width of 65 feet, less than the required 75 -foot width - -- at its March 12th meeting, the Planning Advisory Committee granted a variance to allow the 65 -foot width and the private access way). On motion of Councillor M. Vincent Seconded by Councillor Gould C.OH7/77• RESOLVED that as recommended by the Planning Advisory Committee, Ray,Merre ih //e the sum of $472.00 be accepted in lieu of land for public purposes with respect to the E. Mae Day Sub - fu, M, Pu r� division (two lots are being proposed on the westerly side of the Norris Road just north of its inter - 1.9ha/ section with the Morrison Road) - this amount being based on the Real Estate Department's appraisal and being eight per cent of the market value before the sub - division as a condition prior to the approval of a sub- division plan. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee �� advising that Mr. William Kirk, to whom the Common Council on August 27th, 1973 granted temporary per - U11111 am 15 /%'i( mission for a period of one year to locate a mobile home behind his house on his property at the corner of the Old Fredericton Highway and the by -pass at Martinon which is being occupied by Mrs. J. Donald, his fl /� eighty -four year old mother -in -law, is requesting renewal of the permit, and that the Committee recom- mends that permission be granted for a period of one year, be received and filed and the recommendation adopted. /�esO /clfioli vari e� ofeve %omerrf, .5V, 19hh e .S't /t%ah�ard T/io�y s 7 Cohsz!�r, (10, On motion of Councillor Parfitt Seconded by Councillor Higgins RESOLVED that the letter from the Planning Advisory Committee advising that Manford Thompson Construction Co. Ltd. is requesting permission to erect fourteen townhouses on the four lots in the undeveloped portion of St. Anne Street south of Ellerdale Street which were re- zoned on May 28th, 1971 by Common Council with the restriction that there be four- family dwelling buildings on each of the said lots, and which restriction was changed by the Common Council in June of 1973 from four - family to six - family dwelling buildings on each of the said four lots -- the proposed townhouses to be in two building blocks of seven townhousing units each instead of four six - family apartment buildings (a reduction to 14 dwelling units from 24) -- and explaining the details of these modular units that are proposed and the proposed use of part of each lot for car parking, as shown on the submitted plan -- and recommending that the Common Council vary its resolution to permit two building blocks of seven townhousing units each instead of four six - family apartment buildings, be received and filed and the recommendation adopted. "nay" Question being taken, the motion was carried with Councillors M. Vincent and Gould voting On motion of Councillor Higgins // Seconded by Councillor Hodges 1?tw, L O V?�, RESOLVED that the letter from the Historical Resources Administration A���jOr/y/ErI�S of the Province of New Brunswick advising that through a submission dated October 18th, 1974, the fol- wo IQ Tour lowing persons have been appointed by Order -in- Council to the Fort La Tour Development Authority: - Mr. David A. Webber (852 George Street, Fredericton, N. B.); Mr. Arthur Murphy (102 Prince William Street, �1e�Ue %p/r�e.,,Z' Saint John, N. B.); Mr. Maurice Girouard (Saint John, N. B.), be received and filed. Arthur/%%u /YJauri�°e E'i /(waa/sC/�6, ,4�ar.�asi`erl �i'esc'ue .iq�cda l�2hd ve/ire %) G/`he ..�eroz4 ✓. Sljerr / /G% /�E ,1.6r�ry S, T, Fyuhe Jn/ra� %n9 C /r.�6 Gi�hzL Slie /ZKer �oc'a /I�prn�e - riehz� f�i�6o%crl� /eta Sud �Iri C'nivM, r- �ih�hc°e 7rizec �rP. ,izz j .bra ns wi'c if `ri' On motion of Councillor Hodges • 7 0 I I Seconded by Councillor Higgins RESOLVED that the letter from the Kiwanis Club of Lancaster Inc. advising that the Club wholeheartedly supports the retention of a second vehicle for the Rescue Squad of the City of Saint John and pointing out that it is apparent that such a vehicle is in great demand, • especially in the western area of the city, be referred to the Budget Committee. On motion of Councillor Hodges Seconded by Councillor Higgins RESOLVED that the letter from J. Sherrill Walker of Vey Road, Lakewood, pointing out the need to resolve the problem of lack of space at the Saint John Regional Library, be received and filed and Mr. Walker be advised that the Common Council is endeavouring to solve this problem and has worked on it and will continue to work on a solution. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the letter from the Saint John Figure Skating Club requesting a grant of $4,000.00 from the City of Saint John to assist the Club in its efforts to provide instruction in basic skating to the children of Saint John, be referred to the Recreation and Parks Advisory Board for a recommendation _to= Common,Council, and that the said Club be informed that it is necessary that the Club provide the City with a financial statement of income received by the Club in the event the said request for a grant is referred by Council to the Grants Committee following receipt of the requested recommendation from the Recreation and Parks Advisory Board. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from Shelter Resources Ltd. sub - tting a brief in support of the company's proposed application for Local Improvement funding for rbourview Phase I, be referred to the City Manager and to the Commissioner of Finance for a report to uncil regarding what is involved in this matter. On motion of Councillor Hodges Seconded by Councillor Higgins RESOLVED that the letter from Mr. Michael G. Griffith, General of the Brunswick Square project of Trizec Corporation Ltd., advising that before presenting the 's views to Common Council on the subject of the proposed parking garage for Brunswick Square, 0 .b,�'uaSiviC� o79uare,� -� ih9 s�ces 'Cl�r /Bs T. Parcae // ..C�hd Cow; Toiia /tau � -3 �y,�S� .2 �oC/, tom h C /�y ✓O ,��,CG/Z ��pe %7jr.�'va 6411 o ehi ri� f%h G�7GeS /!ICy / /isfer,� eX�e/7. I] J 1 9sp6a /x� Sfejeh rap Co. zzv ®� uipme�f2� 291. referred to in Council's decision of November 12th last in this matter, and towards ensuring that the company, through its consultants, has properly presented and discussed its plans with the City's staff, the company's architects have requested a further meeting with the Director of Planning and others as he may invite, which meeting is to be held on November 22nd, and requesting that the Common Council grant a delay of one week and that the company be allowed to appear before Council on November 25th, be received and filed and the request complied with. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that a letter be sent from the Mayor and Common Council pressing condolences to Mrs. Charles J. Farrell and family on the loss of Charles J. Farrell whose death curred on November 17th and who was a highly regarded employee of the City of Saint John. On motion of Councillor Pye Seconded by Councillor Hodges RESOLVED that the letter from the Land Committee advising of the desire of the Committee that the matter of land acquisition from John Paul Realty Ltd., located at 1 -3 Bayside Drive and 2 Loch Lomond Road, be referred to the City Solicitor, Mr. Frank Rodgers, to proceed with expropriation of the said land which is required by the City for the widening of Bayside Drive and Loch Lomond Road, and that the Committee desires that it be kept fully informed of the procedure being followed for expropriation and that copies of all correspondence be sent to the Committee as they transpire, be received and filed and the matter be referred to the City Solicitor to take the necessary steps in order to proceed with expropriation. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that :the letter from the Land Committee advising that the Committee desires that the matter of land acquisition from Andaves Ltd., located west of Champlain Drive, be referred to the City Solicitor, Mr. Frank Rodgers, to proceed with expropriation of the said land which is required by the City for the extension of McAllister Drive, and that the Committee desires that it be kept fully informed of the procedure being followed for expropriation and that copies of all correspondence be sent to the Committee as they transpire, be received and filed and the matter be referred to the City Solicitor to take the necessary steps in order to proceed with expropriation. On motion The meeting adjourned. Common C At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty -fifth day of November, A. D. 1974, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Davis, Higgins, Hodges, MacGowan, Parfitt, Pye and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, R. Dhar, City Architect, A. Ellis, Building Inspector, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, and B. Gale, Plumbing Inspector The meeting opened with a prayer, which was invoked by The Reverend Canon H. C. Quinn, rector of St. 's Church. On motion of Councillor MacGowan Seconded by Councillor Pye RESOLVED that in accordance with the recommendation of the City Manager, hority be granted for payment of the invoice from Stephen Construction Company Limited in the amount of ,595.20, dated November 18th, 1974, for the supply of asphaltic mixes to the Works Department during the iod November 1st to 15th, 1974. On motion of Councillor MacGowan Seconded by Councillor Pye RESOLVED that as recommended by the City Manager, approval be granted for of the following invoices for equipment rental, namely:- thco - to the Works Department Nov. 5, 1974 $ 218.50 tticks (1962) Ltd. - to the Water & Sewerage Department Oct. 31, 1974 (dated Oct. 16 -31, 1974) $1,498.00 292 -.to the Works Department Oct. 31, 1974 (dated Oct. 16 -31, 1974) $1,064.00 On motion of Councillor MacGowan G'r�nt /y, 3. c�/,�`i9 Seconded by Councillor Higgins RESOLVED that the letter from the City Manager, submitting an //�� �S$ Off• application from the Welcoming Committee for convention assistance in the amount of $480.00 for the 4 Owlle 7�/ Oh purpose of holding a dinner for twenty -six Scottish Curlers who will be in Saint John on February 9th and od /nm`otyZ%- 10th, 1975, advising that this group does not come within the guidelines for convention assistance as Q��77 �� /�77 approved by Common Council and the application is therefore referred to Council for a decision, be %7Z�S referred to the Grants Committee. On motion of Councillor Higgins ,./-9GC /lB/7�I °LjT vs. C /�y- ou/hec ey/z iP/ri erli- �our/, fi�odyes He�pa rt Tri - ,(eve/ jf 0O/rllrJ/ H°e iced CTOI/�% P�v v 63o v � I� muhici�%,� /era/ issues �7fL°l7o7S H1,7FA 'J /iefri _26 /w ' a /iceas /r/9, / /l S�IJPCl� /O/1 S C�i�y .So /oii�or Ti//_'{yc / c . -.14 a/-�y1 Oh S-Ze, Councillor Hodges asked for a breakdown of information relating to the above named invoices, pnd to the above named invoices from Earthco and Chitticks (1962) Ltd. for equipment rental, showing the number of hours rented and the identity of the equipment rented. He explained that although the report received by Council recently from Mr. J. C. MacKinnon regarding rental of equipment suggests that it is to the advantage of the City to rent equipment at a cost ranging from $180,000.00 to $350,000.00, it is his own view that for that amount of money the City could purchase a whole fleet of this equipment and that it would be to the City's advantage to do so. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that the report for October of the Fire Department, be ceived and filed. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the letter from the City Manager advising that the .istry of State for Urban Affairs has suggested the formation of a committee composed of representatives m the three levels of government to serve the City of Saint John, and that similar committees have n established in the largest urban centres across Canada and appear to be working well, and explaining representation on the proposed committee from the three levels of government and that the committee Id concern itself with municipal and local issues which would involve federal and /or provincial icies (for example: new federal facilities, population and immigration, labour market and supply, .sing needs and analyses, throughway and road system, port and airport development, railway relocation . grade separations, implementation of the Urban Design, secondary planning, et cetera) and that a mary aim of the committee would be to expedite decisions from appropriate areas of the three govern - ts to facilitiate progress of projects, and that reports from the committee will come to Common ncil and also go to appropriate offices of the Federal and Provincial governments -- and recommending t the Common Council recognize the Tri -Level Committee, and authorize staff participation in the mittee -- be received and filed and the recommendation adopted. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the ty Manager, authority be granted for payment of the following construction progress certificates in nnection with a contract for a project that is included in the Capital Budget:- E 1 • Community Arenas AMFRO Refrigeration Systems Limited Supply and installation of equipment Total value of contract $ 195,060.00 Total work done, Invoice Numbers 1508, 1534, 1539 30,094.05 Retention 4,514.11 Payments previously approved Nil Sum recommended for payment, Invoice Numbers 1509, 1534, 1539 , to November 22, 1974 $ 25,579.94 On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that the letter from the City Manager advising that the iew plumbing regulations of the Province of New Brunswick (Regulation 74 -59) will become effective Tanuary 1st, 1975 and will enable the Province to move into the plumbing licensing, permits and inspection 'ield, and further advising that the City's Plumbing Inspector believes that the retention of the local Licensing board would mean more control over plumbers practising in the City, and noting that the Council > reviously indicated it believed that plumbing inspection should stay with the City and not be transferred ;o the Province, and stating that the City Manager believes that the City should drop the local licensing n favour of Provincial licensing administered through the Provincial authorities, and that the City > hould retain its own plumbing inspection branch-as this work is closely allied to the Building Ins - )ector's work, and recommending that the City retain plumbing inspection, and the issuance of plumbing )erm-its, and that this be referred to the Legal Department to bring in the necessary amendments to the 3lumbing By -Law -- be laid on the table until the Council receives further information in the matter and ias further discussion. On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that the letter from the City Solicitor further to Council resolution of November 4th, 1974 which adopted a recommendation from the City Manager for nt to the Traffic By -Law to recognize Union Street as a "through" street, advising that he has 11 Seconded by Councillor Pye RESOLVED that granted for payment of the following invoices for as recommended by the City Manager, authority be equipment rental, namely: - f/i e/d D. Hatfield Ltd. - to the Works Department dated Nov. 6, 1974 .ZL .Cf (Oct. 16 -31, 1974) $8,263.48 - to the Water & Sewerage Department dated Nov. 6, 1974 (Oct. 15 -31, 1974) $7,498.15 ,./-9GC /lB/7�I °LjT vs. C /�y- ou/hec ey/z iP/ri erli- �our/, fi�odyes He�pa rt Tri - ,(eve/ jf 0O/rllrJ/ H°e iced CTOI/�% P�v v 63o v � I� muhici�%,� /era/ issues �7fL°l7o7S H1,7FA 'J /iefri _26 /w ' a /iceas /r/9, / /l S�IJPCl� /O/1 S C�i�y .So /oii�or Ti//_'{yc / c . -.14 a/-�y1 Oh S-Ze, Councillor Hodges asked for a breakdown of information relating to the above named invoices, pnd to the above named invoices from Earthco and Chitticks (1962) Ltd. for equipment rental, showing the number of hours rented and the identity of the equipment rented. He explained that although the report received by Council recently from Mr. J. C. MacKinnon regarding rental of equipment suggests that it is to the advantage of the City to rent equipment at a cost ranging from $180,000.00 to $350,000.00, it is his own view that for that amount of money the City could purchase a whole fleet of this equipment and that it would be to the City's advantage to do so. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that the report for October of the Fire Department, be ceived and filed. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the letter from the City Manager advising that the .istry of State for Urban Affairs has suggested the formation of a committee composed of representatives m the three levels of government to serve the City of Saint John, and that similar committees have n established in the largest urban centres across Canada and appear to be working well, and explaining representation on the proposed committee from the three levels of government and that the committee Id concern itself with municipal and local issues which would involve federal and /or provincial icies (for example: new federal facilities, population and immigration, labour market and supply, .sing needs and analyses, throughway and road system, port and airport development, railway relocation . grade separations, implementation of the Urban Design, secondary planning, et cetera) and that a mary aim of the committee would be to expedite decisions from appropriate areas of the three govern - ts to facilitiate progress of projects, and that reports from the committee will come to Common ncil and also go to appropriate offices of the Federal and Provincial governments -- and recommending t the Common Council recognize the Tri -Level Committee, and authorize staff participation in the mittee -- be received and filed and the recommendation adopted. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the ty Manager, authority be granted for payment of the following construction progress certificates in nnection with a contract for a project that is included in the Capital Budget:- E 1 • Community Arenas AMFRO Refrigeration Systems Limited Supply and installation of equipment Total value of contract $ 195,060.00 Total work done, Invoice Numbers 1508, 1534, 1539 30,094.05 Retention 4,514.11 Payments previously approved Nil Sum recommended for payment, Invoice Numbers 1509, 1534, 1539 , to November 22, 1974 $ 25,579.94 On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that the letter from the City Manager advising that the iew plumbing regulations of the Province of New Brunswick (Regulation 74 -59) will become effective Tanuary 1st, 1975 and will enable the Province to move into the plumbing licensing, permits and inspection 'ield, and further advising that the City's Plumbing Inspector believes that the retention of the local Licensing board would mean more control over plumbers practising in the City, and noting that the Council > reviously indicated it believed that plumbing inspection should stay with the City and not be transferred ;o the Province, and stating that the City Manager believes that the City should drop the local licensing n favour of Provincial licensing administered through the Provincial authorities, and that the City > hould retain its own plumbing inspection branch-as this work is closely allied to the Building Ins - )ector's work, and recommending that the City retain plumbing inspection, and the issuance of plumbing )erm-its, and that this be referred to the Legal Department to bring in the necessary amendments to the 3lumbing By -Law -- be laid on the table until the Council receives further information in the matter and ias further discussion. On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that the letter from the City Solicitor further to Council resolution of November 4th, 1974 which adopted a recommendation from the City Manager for nt to the Traffic By -Law to recognize Union Street as a "through" street, advising that he has 11 29:3 a ' ascertained that the City Manager did not intend to recommend that Union Street be a through street for its entire length, but merely that it be a through street between the limits of Charlotte and Dock Streets, and • that the submitted proposed amendment to the Traffic By -Law has been prepared to reflect this intention and not the actual resolution adopted by Council on November 4th last, be received and filed and the Council adopt the policy that Union Street be a through street between Charlotte and Duke Streets: Trams c �h /6h �iL�h5�7o1'�7- ti0p C,oy�nr -i, R114, a .bus /i ,0 LF -apes /`her, o�O�C /SON Tee&L- Teed' ' FvvnkX, Cornet e.0 lease �hd Co�im -e�OP 10 /y�/rnoa�t Cour�,S �e- zohih� �OAs/ri, /igh �s rr� Z/L°H /c7�S Qaoforfi ®r�s dcceoy�ed Ilkle Ca .E�eez�Hi e Oh�dh% O 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 Section 97 of the Motor Vehicle Act, 1955, and Amendments Thereto ", be read a first time. 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 Section 97 of the Motor Vehicle Act, 1955, and Amendments Thereto'. On motion of Councillor Higgins Seconded by Councillor M. Vincent 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 Section 97 of the Motor Vehicle Act, 1955, and Amendments Thereto', be read a second time. 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 Section 97 of the Motor Vehicle Act, 1955, and Amendments Thereto'. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the letter from the Transportation Committee, to whom had been referred the request made by Mr. William 0. McGrath, the owner and operator of the Loch Lomond Bus Line, that he be permitted to increase the bus fares of this firm, noting that Mr. McGrath operates under a City by- law adopted on August 27th, 1973, over which the Committee has no direct control and that at the time the license was granted to Mr. McGrath by Common Council, the Transportation Committee obtained in writing consent from City Transit Ltd. (whose franchise agreement with the City grants that company the exclusive right and privilege to operate bus service within the city limits) for Mr. McGrath to operate in the said eastern area of the city, and advising that although the Transportation Committee has no authority to examine the records of the Loch Lomond Bus Line company, it would appear to be a reasonable request due to present day inflationary trends -- be received and filed and the matter referred to the Legal Department to prepare the necessary amendment to the said by -law. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the letter from Messrs. Teed & Teed, solicitors for Frank J. Comeau and Nancy L. Comeau, lessees of the City -owned Lot 1076 at 73 St. James Street, Saint John West, which was originally leased by the City to Minnie M. Perley by lease dated December 16th, 1953 (which is recorded in the Saint John Registry Office on December 21st, 1953 in Book 312, page 430 -432 as Lease Number 158509) at a rent of $11.10 for a term of seven years commencing November lst, 1953 and expired on October 31st, 1974, advising that under the terms of the lease the City is required to pay for the buildings on the property or to grant a new lease, and that under assignments, this lease was assigned to the said lessees who have been unable to sell the property because it is leasehold, and enquiring as to whether the City will sell the freehold of the lot to Mr. and Mrs. Comeau, or whether the City will acquire the buildings on the property -- be referred to the Land Committee and to the Legal Department. Councillor MacGowan asked that the Legal Department clarify the matter of the requirement that the City either purchase the improvements on the leasehold property, or grant a new lease, having regard to the fact that the seven -year lease that commenced November lst, 1953 expired in 1960. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the application from Eastbrook Ltd. for re- zoning of a posed sub - division called Highmount Court, located off Northumberland Avenue in Saint John East, be referred the Planning Advisory Committee for a report and recommendation. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the City ger, authority be granted to purchase the following materials for traffic signals for the approaches to the tenay Bay causeway on Bayside Drive and on Crown Street from the following named companies, which submitted lowest quotations, namely:- from Canadian General Electric Co., 940 Lansdowne Avenue, Toronto, Ontario: - AB poles 2 controllers, Model GEF -27„ 2 dial„ 20 circuit with time controlled __ i. $ 1,020.00 dial 'andInight flash @"$l,,,470-00 :.: . , . 1, ! '$ 2,940.00 X36 universallpole plate8:' #56502+ @ C, 4.00 each :Ll 144.00 36 single mounting elbows #189A7040 @ 5.50 each 198.60 @ 234.00 Total 3,282.00 Plus_Proyincial Sales tax; delivery:�12 -16 weeks. from NEDCO Ltd., P. 0. Box 2462, Station C, Saint John, N. B. 2 only TP 10819 - AB poles @ $ 510.00 each $ 1,020.00 6 only TP 8619 - AB poles @ 330.00 each 1,980.00 2 only TP 18 SMA - 6 brackets @ 234.00 each 468.00 6 only TP 15 SMA - 3 brackets @ 169.00 each 1,014.00 8 only Y373051 traffic signal hangers @ 36.60 each 292.80 774.80 prices are subject to Provincial Sales tax; delivery: 8 -10 weeks. m Guild Electric Ontario Ltd., 250 Tempo Street, Willowdale, Ontario: only 3 section highway heads, 12 inch red and 8 inch amber and en @ $ 98.92 each $ 1,582.72 s price subject to Provincial Sales Tax; delivery: 10 days 294 6;eorye A_ 0 'rol;&ell Q. /7e -z oai" y Gi/a /%r 19 raynieaZ- I lieu a� o� sheet nvl" s %rizec Corp. 3 - "hsallc6r �ica n e .�'ranswic� ,Square .( /tom /d. C1eplow � woo Councillors Cave, Green and Gould entered the meeting. Mr. George F. O'Connell, Q. C., was present at the meeting with his client, Mr. Walter A. Beckett, with respect to Mr. Beckett's application for re- zoning of his property consisting of approximately 400 acres of land on both sides of Martinon By -pass at Acamac Backland Road for a proposed housing development. Mr. O'Connell noted that his client at this meeting finds himself in somewhat the same circumstances as when before the Council in this matter on November 12th last, although only two Council members are absent from this meeting. He reminded the Council that in order to obtain approval of the proposed Zoning By -Law amendment there must be seven favourable votes and that every Councillor absent would diminish the possibility of having the said amendment approved, which is his client's purpose. He stated he would request that this matter again be set over, until such time as there is a full Council to whom to present his client's case. On motion of Councillor Green Seconded by Councillor MacGowan RESOLVED that the continuation of the public hearing regarding :he proposed amendment to the Zoning By -Law for the proposed housing development by Mr. Walter A. Beckett )e again laid on the table, until there is a full Council present. Mr. Michael Griffith, General Manager of the Trizec Corporation Ltd. construction job at Brunswick Square on King Street, was present and submitted a brief with regard to the company's desire to obtain a variance in the off - street parking to be provided for this project. The brief makes the following points:- the company was advised that at a meeting held on November 5th, 1974 the Planning Advisory Committee decided to make the following recommendations to Common Council: (1) that approval be given to build a parking garage for approximately 750 cars; (2) that the design of the garage comply with the space standards specified in the By -Law; (3) that Brunswick Square Ltd. pay to the City $1,500.00 for each parking stall that Phase I is short when compared with the requirements of the By -Law; (4) that Council grant a deferment of payment to assist Brunswick Square Ltd. during the construction period; (5) that Phase 2 (the second stage of the office tower) be considered at a later date when the adequacy of the parking garage could be reviewed. The brief further states that on November 22nd, 1974, the company's consultants met with the City staff to review in better detail a proposed revised design and layout for the parking garage and which would incorporate column free floors, and it is the company's understanding that with the exception of the item of floor heights the staff were in general agreement with the plans and are now prepared to recommend acceptance of the revised design, and the company trusts that a reasonable compromise will be reached in regards to floor heights. The brief expresses the company's belief and that of its consultants that they are proposing to provide adequate parking for the total complex which under the new design will provide for 840 cars when allowing for today's thirty per cent small car content, and states that although the company has endeavoured to seek out an impartial method by which this could be professionally confirmed to the City once the complex is in operation, it now feels it has to request Council's consideration and assistance towards eliminating any further obligation or penalty on the project. Referring to the fact that due to escalation of construction costs the current cost estimates are approximately thirty per cent over the figures originally carried when the project was first presented to the City, about a year and a half ago, the brief advises that the economic viability of the project has now reached marginal proportions; however, through the particular strengths within the partnership and the faith of the proponents in the future of Saint John the total project still continues to be pursued as before; at the same time, it is believed that the Council recognizes the desirability of Brunswick Square as a major catalyst for the revitalization and sound growth of the downtown core. Mr. Griffith pointed out that the company is requesting the Council's serious consideration towards whatever_itlmay- i.deem necessary to accept the company's proposed parking facilities as being adequate and without other conditions being attached, it still feels that such acceptance could be considered under sub - section 9 of Section 217 of the Zoning By -Law; sub - section 9 clearly states that it relates to all requirements specified under sub - section 1 and, the company therefore would suggest, must equally apply to those requirements pertaining to B -3 districts; the company would further suggest that the reductions provided for B -3 districts under sub - clause 1 are not unusual in that they often reflect appropriate allowances for better public transportation available in core areas, a curtailment on traffic congestion, et cetera - for example, the company believes the 68 car parking stalls required for the proposed theatres is an obvious example for consideration under sub - section 3• The brief states that the request of Trizec Corporation Ltd. is that in the interest of the furtherance of the project, it be allowed to proceed with the parking facilities as now proposed by its consultants and that no further cost obligation or other encumbrances be placed upon the company, and that the company assures the City that if it should ever consider there to be a deficiency of parking accommodation for the users of the complex, steps would immediately be taken to rectify the situation, otherwise the company's own interests would be seriously affected. In explanation of the reference in the brief to provision, under the new design, for 840 cars when allowing for today's thirty per cent small car content, Mr. Griffith stated he believes that the company would propose starting up with a garage that would accommodate 770 regular size cars, in three floors, and if the company finds that is a little too small it will immediately implement steps to segregate certain floors - which can easily be done - for strictly small car parking. ;0 i:, O!)Noting!..that..it :, was. briginally .,rehommended <�that_.950 earlparkingrspaces be required for the development, Councillor M. Vincent asked if an amendment would be required to the Zoning By -Law if the company's proposal to provide 770 or 750 parking spaces without paying the required monies in lieu of off- street parking spaces were acceded to. Mr. Rodgers replied that an amendment would be required, if it is established that 950 is the required number of parking spaces under the Zoning By -Law provisions, and if only 700 plus parking spaces can be physically provided then the balance required can be taken care of by payment of such monies in lieu of, unless an amendment to the Zoning By -Law goes through in this regard. In rebuttal, Mr. Griffith advised that the company feels that if it can be accommodated within the Zoning By -Law that the company believes that sub - section 9 of Section 217 of that by -law does provide for consideration that would reduce the 933 parking spaces down to some other figure; but whether that is possible or not, the company feels it should not be burdened either through cash payments or additional parking stalls beyond what it feels is a reasonable parking capacity. He confirmed that the company's revised design with the concrete floors will accommodate 770 parking stalls for large size cars, which becomes a factor of 840 taking into consideration the thirty per cent small car content, and it may be even higher than 840 as the increase of small car content occurs in the market. On motion of Councillor Higgins • • • Seconded by Councillor Gould • RESOLVED that the above mentioned brief from Trizec Corporation d. be taken under advisement and referred to the Committee of the Whole session of this Council meeting, d, hopefully, in the discussion with the Planning Advisory Committee officials the Council might reach decision and relay such decision to the Trizec Corporation Ltd. representatives. r 295 Councillor Davis noted that if thirty per cent of all the cars entering the said proposed parking • garage, are small cars, the number of parking stalls provided would be 840 rather than the 770 (which is for large size cars). He asked if the parking garage will be designed in such a way so that small cars will park on certain floors and that large cars will park on floors separate from those floors. Taking into consideration remarks made by Councillor Parfitt that because this complex would be in the central core of the city and of easy access to surrounding residential areas, patrons should walk to this complex and not go by car, with which //+/zee 67 he agrees, in the interests of health building, Councillor Davis asked if the company would consider building lt/( / this complex without any parking. Mr. Griffith replied that the company would not. He confirmed that the company does not think that the number of parking spaces that would be required to be provided, would be required .for use all at the one time; irrespective of what sub - section 1 of Section 217 of the Zoning By -Law says regarding the requirement for parking spaces, which the Planning Advisory Committee feels takes into account the adjustments �td for multi -use complexes, the company's consultants have conducted serious and close studies of this question, and from past experience with projects of similar size, this would seem to be a reasonable sized parking garage, 14 as proposed by the company. On the question of whether, from past experience, Trizec Corporation Ltd. has ever been short of parking spaces in its projects in which it has been involved, Mr. Griffith stated that he would be _ r _Jreet happy to have members of Council or some delegation to view Trizec projects; he considers that this company �fi //J L does a responsible and credible job. Councillor Davis stated that from his personal observation, there will not �rs(//79' be sufficient parking space, it seems, but that the garage is large enough for Prince William Street and Union Street - he does not think that those streets could handle many more cars entering or leaving a parking garage that large - he feels it is a very large parking garage to put on streets that are that narrow. ' Councillor MacGowan expressed her apprehension about parking garages because of the quality of air in them, and asked if adequate measures are being taken by Trizec Corporation Ltd. to make sure that the air is reasonably healthy in these parking garages, using an air conditioning system that will clear the air of fumes from cars. Mr. Griffith pointed out that it will not be a totally enclosed garage; part of the garage would be into the side of the hill, underground, it would have exhausting facilities provided for it, but the bulk of the garage would be exposed with maybe one -half of the wall surface open which should be sufficient to carry away the exhaust fumes from the cars in the garage; he did not feel there would be any problem in this regard. On motion of Councillor Higgins . ?,VM 'mod /`/- Seconded by Councillor Davis C/ti°o7SE //7 RESOLVED that the letter from the City Manager with reference to the ,��merrt� %/7 proposal advanced by Councillor A. Vincent at the November 12th, 1974 Council meeting that the sum to be / /COU 07-^ provided by developers in lieu of provision of on -site parking spaces be increased from the present $1,500.00 Cr per space to $3,500.00 per space, be laid on the table until Councillor A. Vincent is in attendance. pif/ hl� The Common Clerk advised that the necessary advertising took place regarding the proposed amendment S�CeS of the Zoning By -Law to permit an office for one doctor or one dentist in an "RS -2" district, and that no written objections were received. No person was present to offer comment in this matter. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of .zOh %h q The City of Saint John and Amendments Thereto" insofar as it concerns amending Section 20, subsection (2) as e5$ follows: (1) by redesignating clauses (1) to (n) inclusive as clauses (m) to (o) inclusive; (2) by inserting a SY - aiv new clause (1) after (k) to read as follows: "l. An office for one doctor or dentist. ", be read a first time. a/hendi„en Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor M. Vincent Seconded by Councillor Cave J)j� RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of OC�OP O /' The City of Saint John and Amendments Thereto" insofar as it concerns amending Section 20, subsection (2) as Weyrl/St follows: (1) by redesignating clauses (1) to (n) inclusive as clauses (m) to (o) inclusive; (2) by inserting a 07-y /Ce new clause (1) after (k) to read as follows: "l. An office for one doctor or dentist. ", be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". The Common Clerk stated that advertising took place regarding the proposed amendment to the Zoning By -Law to provide a new definition of the word "family" in Section 2 (v), and that letters of objection have been received, from Mr. David G. Barry, solicitor, on behalf of The Canadian Association for the Mentally IZ0171 /7 Retarded, Saint John Branch, and from The Aware House Inc., copies of which have been provided to the Council members. aJm`esi�Come Mr. Zides was asked to interpret the intent of the proposed amendment in this regard. He stated that `i/7 /t /Oh the question of the use of the word "family" in the Zoning By -Law is becoming very complex because of the fact /� that a lot of groups are moving into a group or foster homes and they like to consider themselves a family - 0- -Td/n/ normally, of course, a family is considered to be a group of people who are related to marriage, heredity or n�I adoption. With reference to the objection received from The Canadian Association for the Mentally Retarded, (. n. 9$5 OC°, Mr. Zides noted that the Planning Advisory Committee has been considering any group homes in which one or more /Or MPS // people may be harboured or detained for special care or treatment, and so on; in other words, the definition of "family" has nothing to do with the issue, as he sees it; the Association came in and did obtain approval �Etdhde°d for one of their group homes under the definition of " instituional residence ". With reference to the case of The Aware House, this group is arguing another case entirely; they are a "family" per se; they did come in to the Planning Advisory Committee and were dealt with as an institutional residence and the Committee saw fit to obtain the views of the neighbourhood and there was strong vocal objection to that particular group's proposal, gauge /iOGCS and the Committee then came out with the statement which indicated that the Committee generally supports the .�h C concept of group or foster homes but is not ready to impose them in areas in which the people do not want them. He pointed out that this is the crux of the argument, in that people who want to have group or foster homes do not want to have to go out of the neighbourhood because they consider themselves a family and this issue is therefore become a very cimplicated one and a fairly recent one; a few years ago, you hardly ever heard of foster, group or special care homes; the zoning by -laws of this continent have not been ready for this type of thing - in some places they do not even define "institutional residence" so they have had the ® term "family" and there have been court cases where the courts have generally ruled that in the absence of regulation this should be treated as a family, but it is now the case that people are examining the matter at some length and some very complex situations are being encountered. He advised that there are now five basic groups in foster homes or group homes:- the homeless, mistreated or abused child; mentally ill, mentally retarded children; criminal offenders, and half -way house measures, and the alcoholics and other drug abusers. He stated that, generally, in the absence of regulations, they have not run into greater problem areas. He 296 stated that in doing research, he noticed what is known as the Law Enforcement Assistance Administration to the American Government - the United States has suggested that four groups of persons (sexual deviates, • psychotics, severely mentally retarded and those with.a known pattern of violence) should not be accepted as clients of the family group facility; this does not mean somebody who has gone to gaol because of a violent offence but somebody who repeatedly has this as a behaviour pattern. He stated that this has been happening so recently that it is only within the last week or so that he has obtained a bit of information on this subject, but preliminary discussions with some people and some of the material he has read indicate that the following principles should apply - again, nothing to do with the term "family": - if you want to define the term group home or foster home care facility, et cetera, you want to be talking about it, and not about a family when you are talking about a group foster home; such facility should be licensed by the Province first as part of the process in order to obtain zoning approval; there is always a danger in having group facilities that you might get too many in one place so that you have a block - ' the people who are studying this type of thing are saying that locational controls should be defined to disperse these facilities somewhat through the municipality rather than to concentrate them in a few neighbourhoods; everybody agrees that these facilities should not be set in places where you would not put other people or groups of people - such as, in industrial or business areas - you should put them in normal "residential" areas; at the same time, everybody agrees, regardless of what The Aware House says, that the logical way to regulate it to have an examination process - the way we do it in New Brunswick is that there are certain uses which are permitted only with the approval of the Planning Advisory Com- mittee - this is something that the Province chose to delegate to the Advisory Committees rather than to the councils or to anybody else - the technique, however, is not usable unless the Council puts it in the ' by -law, and in Saint John we have it in the by -law. He advised that the Planning Advisory Committee has seen fit in the past to get neighbourhood views before making a decision. He thinks that this is the crux of the matter: some of the groups who are involved here do not want to have to go through this process. He pointed out that it is something that needs to be looked at by the Council and the Planning Advisory Committee to decide whether or not these things in fact should be permitted as a matter of right which opens up some other kinds of questions, or should be still looked at on its individual merits. For the information of the Council members, Mr. Zides read the definition of a rooming house, and advised that there is no separate definition for a boarding house. Councillor M. Vincent stated he wonders if a better definition of rooming of boarding houses would not answer the Planning Advisory Committee's problem rather than trying to define the word "family ", and if the Committee is trying to • define an almost undefinable thing in trying to define the word "family ". Mr. Zides replied that as far as the Planning Advisory Committee is concerned it says the group or foster homes fall within its definition of instituional residence which says "a building or a portion thereof designed for use by persons to harbour or detain to receive medical, charitable or other care or treatment ". Zcwlh .�� 9 y Mr. David G. Barry was heard at this time, speaking as a member of the Board of Directors of the said Branch of the Canadian Association for the Mentally Retarded, and he distributed copies of a written summary of the objection, for the information of the Council members, which summary also gives a general idea of the activities of the Branch. The submission states that the Association objects to the proposed definition of "family" in the proposed amendment as recommended by the Planning Advisory Com- mittee by letter addressed to the Association dated October 16th, 197+ as it is felt this new definition n is very narrow and would not allow the Association to establish any further homes of the type outlined in the submission; the restriction, too, "not more than five unrelated persons" in the proposed definition //�� would not allow the Association to operate as it anticipates, at least seven or eight persons per dwelling , LdY1. ASSOC. ;0 unit, and the Association actually requires this amount to make such homes economically viable because of the present grant structures. The Association respectfully requests the Council not to amend the definition of "family' as proposed and to leave the definition as it now stands - in the alternative, it suggests �hded that perhaps another definition could be arrived at which would recognize the Association's problem and yet satisfy the Planning Advisory Committee's reasons for requesting the change. Mr. Barry stated that the Association feels that people do not object to the establishment of homes such as those the Association sets up (as explained in the summary). He feels that the proposed amendment should be looked into more carefully and perhaps a decision come to or an amendment made to the by -law which would give some body Ithe power to make a, decision for groups such as the Association to make application to and perhaps feel there would be some chance of success in setting up these residences. Mr. Walter G. Hughes, Junior, Co- ordinator for The Aware House Inc., at this time presented a brief outlining the reasons this organization is opposed to the proposed amendment to the Zoning By -Law L� (? that is presently under discussion. The brief pointed out that group homes are families and not in- stitutional residences, and that by excluding group homes from the definition of "family" the Common Council would make it extremely difficult if not impossible for small organizations such as The Aware 9Wa/ yOUS �o House Inc. to set up group homes in Saint John, and states that Mr. Hughes is defending the principal T that group homes ought to be considered families under the law. Mr. Hughes advised that if the proposed 1 hC. amendment to define "family" were to say "up to ten unrelated persons ", instead of the proposed "or not more than five unrelated persons" The Aware House Inc. would have no objection to the amendment. Dis- cussion ensued between Mr. Hughes, Council members and Mr. Zides. On motion of Councillor Higgins Seconded by Councillor Green ' RESOLVED that the matter of this proposed amendment to the Zoning By -Law be laid on the table until the representatives of the Saint John Branch of the Canadian Assoc- iation for the Mentally Retarded and of The Aware House Inc. meet with the Municipal Planning Director rcti6 O/., and that Mr. Zides report back to Council to clarify the points brought up. The Common Clerk advised that with regard to the proposal to amend the Zoning By -Law to define the term "place ", the necessary advertising was made and no written objections were received. No person was present to offer objection. , On motion of Councillor Gould / Seconded by Councillor M. Vincent zOh� hG/ -� ,4 RESOLVED that the by -law entitled "A Law to Amend The Zoning cD/�9Eh /1/ e/7ZL By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns substituting the following for clause (at) of Section 2, "(at) 'place' means an open, unoccupied place other than a public street, Permanently reserved as the principal means of access to an abutting property or building and approved by the Committee as a privately -owned street or other access under the provisions of the Subdivision By- �h /� /Oh Law. ", be read a first time. Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint • John and Amendments Thereto ". On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the by -law entitled "A Law to Amend The Zoning By- • of�hi %oI7 Xoh; n9 dfriend- rylBhZ� 115 7/z e o �' ' p /arc .law amend - 177ewz�- ,�r/_ teXZ4 297 Law of The City of Saint John and Amendments Thereto" insofar as it concerns substituting the following for clause (at) of section 2, "(at) 'place' means an open, unoccupied place other than a public street, permanently re- served as the principal means of access to an abutting property or building and approved by the Committee as a privately -owned street or other access under the provisions of the Subdivision By- Law. ", be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". The Common Clerk advised that advertising was made for a proposed amendment to the Zoning By -Law to clarify and to eliminate potential differences of opinions as to the means of the present provision in Section 221, clause (a), and that no written objections have been received. It was noted that no person was present to make objection to same. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns substituting the following for clause (a) of Section221, "(a) such place shall have a width at least equal to the greater of (i) three times the width of the side yard required for the applicable zone, or (ii) 30 feet ", be read a first time. Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Thereto ". On motion of Councillor Cave Seconded by Councillor Pye RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns substituting the following for clause (a) of Section 211, "(a) such place shall have a width at least equal to the greater of (i) three times the width of the side yard required for the applicable zone, or (ii) 30 feet ", be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and s Thereto ". The Common Clerk stated that advertising took place for the proposed amendment to the Zoning By -Law to repeal subsection (1) of Section 5 and to redesignate subsections (2) and (3) of Section 5 as subsections (1) and (2) respectively, and that no written objections were received in this regard. No person was present to make objection to this proposed amendment. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns repealing subsection (1) of Section 5 and redesignating subsections (2) and (3) of Section 5 as subsections (1) and (2) respectively, be read a first time. Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and s Thereto ". On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns repealing subsection (1) of Section 5 and redesignating subsections (2) and (3) of Section 5 as subsections (1) and (2) respectively, be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". The Common Clerk stated that with reference to the proposed amendment to the Zoning By -Law to amend various sections to bring the language of same in line with Section 34 (4) (c) of the new Planning Act, no written objections have been received. It was noted that no person was present to make objection to this proposed amendment. On motion of Councillor Pye Seconded by Councillor Gould RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns substituting the following for the lead 9 paragraph of subsection (2) of Section s 13,20, 27, 35, 43, 60, 68, 79, 90, 101, 109, 129B, 131, 138, 154, 163, �_ 172, 176 and 183: "The following uses of land, buildings and structures are permitted only if approved by the y a� Committee and only on compliance with such terms and conditions as may be imposed by the Committee. ", be read a first time. Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and dH7ehG✓/� Amendments Thereto ". /Y/6i9C $ On motion of Councillor Green Seconded by Councillor MacGowan RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto' insofar as it concerns substituting the following for the lead J paragraph of subsection (2) of Sections 13, 20, 27, 35, 43, 60, 68, 79, 90, 101, 109, 129B, 131, 138, 154, 163, O �Xt 172, 176 and 183: "The following uses of land, buildings and structures are permitted only if approved by the Committee and only on compliance with such terms and conditions as may be imposed by the Committee. ", be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". 9S .ZD/7 /,h 11 .2n7 endrn e'le- O e ton /by .may •�w anier/c�ir�°r� re .a ..7t fiat /ng rorom, Act .ma mow y -, aime�,dmBat /'p: j yme hi � /et- pye° OC/-_ sii+eet �riri n9 s�Ces Com•�o�7 ele -"lr oZS.2 ;2 61oCo.S$A lee, fia //. ,Zed IeVe 44644 "52` Clurc�"Trxr�� 1041. 3 ,7%/�t1 6 The Common Clerk stated that advertising was made for the proposed amendment to the Zoning By- Law in Section 69 to allow two family dwellings to be constructed on existing lots under the same terms as a one family dwelling in a multiple residential zone and also to make clear that clauses (a) and (b) • of subsection (4) of Section 69 apply to existing lots which are intended for multiple dwelling use; and that no written objections to same were received. It was noted that no person was present to offer objection in this regard. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that the by -law entitled "A Law to Amend The Zoning By- Law of The City of Saint John and Amendments Thereto" insofar as it concerns inserting the words "or two ' family" after the word "family" in the first line of sub - section (3) of Section 69, and inserting the word "and" at the end of clause (a) of subsection (4) of Section 69, be read a first time. Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Green Seconded by Councillor Gould ' RESOLVED that the by -law entitled "A Law to Amend The Zoning By- Law of The City of Saint John and Amendments Thereto" insofar as it concerns inserting the words "or two family" after the word "family" in the first line of sub - section (3) of Section 69, and inserting the -- word "and" at the end of clause (a) of subsection (4) of Section 69, be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint and Amendments Thereto ". The Common Clerk advised that the proposed amendment to the Zoning By -Law to allow illuminated fascia signs in "B -1 ", "B -2" and "T" zones, to permit larger signs in the central business and other districts, and to restrict the maximum total signs on Rothesay Avenue where lot frontages are generally • greater than standard, was advertised and that no written objections to same have been received. No person was present to submit objection in this regard. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that the above proposed amendment to the Zoning By -Law be d on the table in view of the fact that the Civic Improvement and Beautification Committee is working the matter of signs and is trying to obtain information from various cities about the subject. The Common Clerk stated that with reference to the proposal to amend the Zoning By -Law to eliminate potential conflicts between the said By -Law and the By -Law under the Parking Commission Act and Council policies regarding allowing a developer to pay to the municipality a sum per parking space in lieu of providing such off - street parking sapces as may be required under subsection (1) of Section 217, with such sum to be payable in accordance with such by -laws, policies, terms and conditions that the Council may have enacted or established -- no written objection has been received. No person was present to offer objection regarding the said proposed amendment. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the by -law entitled "A Law to Amend The Zoning By- Law of The City of Saint John and Amendments Thereto" insofar as it concerns substituting the following for subsection (5) of Section 217: "(5) Council may, at its discretion, allow a developer to pay to the municipality a sum per parking space in lieu of providing such off - street parking spaces as may be required under subsection (1), with such sum to be payable in accordance with such by -laws, policies, terms and conditions that the Council may have enacted or established. ", be read a first time. Read a first time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint fohn and Amendments Thereto ". On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns substituting the following for subsection (5) of Section 217: "(5) Council may, at its discretion, allow a developer to pay to the municipality a sum per parking space in lieu of providing such off - street parking spaces as may be required under subsection (1), with such sum to be payable in accordance with such by -laws, policies, terms and conditions that the Council may have enacted or established. ", be read a second time. Read a second time the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint and Amendments Thereto ". On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the Common Clerk advising that he as searched the records of Common Council for the years 1870 to 1876 and could find no reference herein to the property at 252 Princess Street which is now owned by Leesha H. Zed (which by deed dated une 7th, 1876, the City conveyed to the Trustees of the Centenary Methodist Church to "hold, use and ccupy the same as and for a parsonage house "), be received and filed, and the letters dated October 7th and 25th, 1974 from the City Solicitor regarding this matter be received and filed and, as recommended • the City Solicitor's letter of October 25th, 1974, the Mayor and Common Clerk be authorized to execute • behalf of the City of Saint John a Quit Claim Deed from the City to Leesha H. Zed, containing a ectification recital removing the restriction placed on the use of the property conveyed by the City in he said deed dated June 7th, 1876. Councillor Higgins stated that in talking with the City Solicitor he has been assured that ything possible from the legal aspects that could be done by the City departments has been done in above matter. Councillor Hodges asked for an explanation of the restrictive wording in the 1876 from the City to the Methodist Church Trustees and whether it meant that the property was to be a • r 299 • T. F. r A T. /r%usquas�i /?-A- /Y Sprlwe Zp int�e pri Zh�`eHir� .1n1cc!- rcir�ri e0e Seconded by Councillor M. Vincent RESOLVED that this meeting continue, in legal session. Consideration was given to the letter from the City Manager, dated November 22nd, 1974, which advises that since the Council meeting of September 30th, 1974 when the Council considered in legal session advice from the City Solicitor concerning possibility of legal action against all parties involved in the design, supply and construction of the Spruce Lake intake, and the advice that independent technical advice was required to proceed further, a meeting was held with MacLaren Atlantic Ltd. whose report on detailed engineering on all aspects of the intake will be in the City's hands shortly, and further advises that it is now appropriate to proceed with the independent technical advice, and that ADI Ltd. of Saint John and Fredericton are willing to undertake the necessary inspection and reporting. The letter also advises that the City Manager will be submitting accounts from MacLaren Atlantic Ltd. to the Council in due course, for payment. Mr. Barfoot stated that in a letter received by him today from ADI Ltd. as to the cost of such advice from that firm, the total job will cost in the vicinity of $11,000.00 to $13,000.00, but possibly all we should proceed with at the moment is the underwater inspections a. portion of which must be done before the contractor for the intake replacement moves in - this contractor expects to be on the job around December 11th; the underwater inspection will cost approximately $4,000.00 or $5,000.00; this inspection work must be done so that we can determine our stand in pursuing the legal action which has been authorized. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that as recommended by the City Manager, the firm of ADI Ltd. be engaged for independent technical advice on the Spruce Lake intake. Councillor Cave expressed the fear that the above named firm, knowing it was going to get this work, might put its costs up, there being no definite price named for this work. Mr. Barfoot explained that this firm will do what work is required, and the City will pay the firm on a daily basis. Question being taken, the motion was carried with Councillor Cave voting "nay" Mr. Rodgers asked that the Council consider a resolution to discontinue the action with respect to obtaining an interim injunction against the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. in the matter of the recent strike. He added that both the Union and Mr. Teed's solicitor have requested this. He advised that at the moment, the injunction still stands before the Court and at a minute's notice the City could go back to get that injunction. He further advised that Mr. R. Lister, the solicitor representing the City, cannot proceed to discontinue the action, if the Council wishes it discontinued, without Council authorization to do so, the Council having authorized the obtaining of the injunction. PN26 1'755eC strike. /740,,�r/ On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the City discontinue the injunction action obtained the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. in the matter of the recent Following a session in Committee of the Whole, the Committee arose at 7.00 p.m. and the Mayor resumed n� � I./ the Chair in legal session of Common Council, when there were present Councillors Cave, Davis, Gould, Green, 4 trVe Higgins, Hodges, MacGowan, Parfitt, Pye and M. Vincent and Messrs. N. Barfoot, City Manager, R. Park, Commissioner �j:pfg of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, R. Dhar, City Architect, M. Zides, Municipal Planning Director, and S. Armstrong and F. Remote of the Works Department. On motion of Councillor Higgins i1 Lli Seconded by Councillor Gould RESOLVED that the matter of the Kierstead Mobile Home Park be referred to Legal Department for immediate action keeping in mind the deadlines that have been set for bringing the k up to the required standards, and any constructive advice the Department can give to the Council to ilitate the matter. On motion The meeting adjourned. Cc n Clerk. parsonage, forever. Mr. Rodgers advised that this refers to the use that the property was put to and possibility of the fact that some interests reverting to the City because of default over the years, and to satisfy the new purchaser the matter really cannot be resolved until the City quit claims any interest it might have - we do not know whether or not the City might have such interest in the property. On the question of the property being used as a parsonage forever, Mr. Rodgers pointed out that the deed contains some restrictive wording, "to hold, use and occupy the same as and for a parsonage house" which would mean forever, but, obviously, that did not take place and the fact that it did not, some interest might have reverted to the City - on the other hand," it might not have because of the fact of the City not doing anything over all these years about it - we do not know. Councillor Hodges asked if this means that the City could now ask for the property back because it is no longer being used as a parsonage, to which Mr. Rodgers replied that the City could justify asking for it and it could even justify the argument that it did get it back at the time when what was contained in the deed was not carried out; in other words, the deed was given for a specific use; because of the fact that at some time since 1876 when the property was first sold for a use not a parsonage house, at that particular time it might have reverted to the City - we do not know - but it does not revert to the City in 1974. Councillor Parfitt commented that if the property that is under discussion is the house that was given by Mr. Hunter White to Centenary - Queen Square United Church as a parsonage, it has not been used as a parsonage for four or five years. On motion of Councillor Gould • T. F. r A T. /r%usquas�i /?-A- /Y Sprlwe Zp int�e pri Zh�`eHir� .1n1cc!- rcir�ri e0e Seconded by Councillor M. Vincent RESOLVED that this meeting continue, in legal session. Consideration was given to the letter from the City Manager, dated November 22nd, 1974, which advises that since the Council meeting of September 30th, 1974 when the Council considered in legal session advice from the City Solicitor concerning possibility of legal action against all parties involved in the design, supply and construction of the Spruce Lake intake, and the advice that independent technical advice was required to proceed further, a meeting was held with MacLaren Atlantic Ltd. whose report on detailed engineering on all aspects of the intake will be in the City's hands shortly, and further advises that it is now appropriate to proceed with the independent technical advice, and that ADI Ltd. of Saint John and Fredericton are willing to undertake the necessary inspection and reporting. The letter also advises that the City Manager will be submitting accounts from MacLaren Atlantic Ltd. to the Council in due course, for payment. Mr. Barfoot stated that in a letter received by him today from ADI Ltd. as to the cost of such advice from that firm, the total job will cost in the vicinity of $11,000.00 to $13,000.00, but possibly all we should proceed with at the moment is the underwater inspections a. portion of which must be done before the contractor for the intake replacement moves in - this contractor expects to be on the job around December 11th; the underwater inspection will cost approximately $4,000.00 or $5,000.00; this inspection work must be done so that we can determine our stand in pursuing the legal action which has been authorized. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that as recommended by the City Manager, the firm of ADI Ltd. be engaged for independent technical advice on the Spruce Lake intake. Councillor Cave expressed the fear that the above named firm, knowing it was going to get this work, might put its costs up, there being no definite price named for this work. Mr. Barfoot explained that this firm will do what work is required, and the City will pay the firm on a daily basis. Question being taken, the motion was carried with Councillor Cave voting "nay" Mr. Rodgers asked that the Council consider a resolution to discontinue the action with respect to obtaining an interim injunction against the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. in the matter of the recent strike. He added that both the Union and Mr. Teed's solicitor have requested this. He advised that at the moment, the injunction still stands before the Court and at a minute's notice the City could go back to get that injunction. He further advised that Mr. R. Lister, the solicitor representing the City, cannot proceed to discontinue the action, if the Council wishes it discontinued, without Council authorization to do so, the Council having authorized the obtaining of the injunction. PN26 1'755eC strike. /740,,�r/ On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the City discontinue the injunction action obtained the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. in the matter of the recent Following a session in Committee of the Whole, the Committee arose at 7.00 p.m. and the Mayor resumed n� � I./ the Chair in legal session of Common Council, when there were present Councillors Cave, Davis, Gould, Green, 4 trVe Higgins, Hodges, MacGowan, Parfitt, Pye and M. Vincent and Messrs. N. Barfoot, City Manager, R. Park, Commissioner �j:pfg of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, R. Dhar, City Architect, M. Zides, Municipal Planning Director, and S. Armstrong and F. Remote of the Works Department. On motion of Councillor Higgins i1 Lli Seconded by Councillor Gould RESOLVED that the matter of the Kierstead Mobile Home Park be referred to Legal Department for immediate action keeping in mind the deadlines that have been set for bringing the k up to the required standards, and any constructive advice the Department can give to the Council to ilitate the matter. On motion The meeting adjourned. Cc n Clerk. J00 At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the second of December, A. D. 1974, at 4.00 o'clock p.m. • present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. ' Rodgers, City Solicitor, J. C..MacKinnon, Executive Director of Operations, A. Ellis, Building Inspector, M. Zides, Municipal Planning Director, J. Ewart, Deputy Fire Chief, E. W. Ferguson, Chief of Police, C. E. Nicolle, Director of the Recreation and Parks Department, B. Gale, Plumbing Inspector, and R. Thompson, Assistant Redevelopment Officer The meeting opened with silent prayer. On motion of Councillor MacGowan , Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on 18th last, be confirmed. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on ovember 25th last, be confirmed. The Mayor extended a welcome to former Mayor A. R. W. Lockhart, who was present at the meeting. The Mayor advised that on Wednesday, December 4th at 2.30 p.m., a meeting will be held between dl he the Department of Highways and the Common Council, and that on that date at 7.30 p.m. the said Department Tom✓ u will meet with the public in the pavilion at Lily Lake, Rockwood Park, to discuss the matter of the q J throughway in that area. . ffOC,�Gf/oo 6i %�ar/F�rea� On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the following resolution be adopted, namely:- "WHEREAS the Oil Refinery expansion, the proposed nuclear thermal plant developments and other industrial expansion, can have major effects upon the economic, social and industrial relation of etropolitan Saint John; AND WHEREAS the City of Saint John must be prepared to cope with such requirements for ad- ditional housing, roads, shopping and other municipal services which may arise out of these major vAl developments; (�, N,�• / h / AND WHEREAS the University of New Brunswick has a Department of Business Administration and Jre7%/7t .%019/1 the Saint John campus in particular is concerned with urban affairs; �lLf1 /C /�7� THEREFORE BE IT RESOLVED that the University of New Brunswick be requested to assist the City in determining in what manner an impact study on the relationship between major developments and the mgjf ,p 66QUe /p- requirements expected of the Ciy in providing municipal services, can best be effected. ". mepZ15 /M ct On motion of Councillor Cave • ��y Seconded by Councillor Gould RESOLVED that the following resolution be adopted, namely:- WHEREAS under the provisions of a by -law entitled 'A By -Law Under the Authority of Section 19 of The Saint John Parking Commission Act in Respect of Relief to Owners from the Provision or Maintenance of Off- Street Parking Facilities', enacted by the Common Council on April 13th, 1971, the Common Council S. ✓. �1^�in9 rnay authorize agreements with owners of buildings or structures to be erected, re- constructed or structurally /� altered to provide relief, to the extent set out in the agreement, from the provision of the City of ' Saint John Zoning By -Law and exempting such owners to the extent specified in such agreement, from the ecessity of providing or maintaining such facilities: %3bpasEd ilacl� 117B/1"LL /�i //G o147-o -5ilee2e- pa,4h1,r,9 spQce THEREFORE BE IT RESOLVED that the Common Council adopt as a matter of policy that the sum of ,500.00 be provided by developers in lieu of provision of on -site parking. ": AND FURTHER that the letter from the City Manager in the above matter be received and filed. It was noted that the intent that the increased sum would only apply to all future construction ' not to projects now under way or before the Planning Advisory Committee, is not spelled out in the ve resolution. Councillor Davis expressed the view that the motion should state this intent. At s point, Councillor Cave changed his motion to include wording that the figure of $2,500.00 does not ly to any construction that is new to the City as of this date. Mr. Rodgers stated that there is no stion of discriminatory action on that, and that if the agenda item in the Committee of the Whole ort relating to parking spaces for Brunswick Square is passed and later a new policy is established, re is no question; if at this time the Council establishes a new policy and excludes from that new icy the very item it is dealing with later (that is, the Brunswick Square item), it is an untidy way dealing with it. On motion of Councillor MacGowan Seconded by Councillor Davis RESOLVED that the above matter be laid on the table until the last item of open session of this meeting of Common Council. Question being taken, the motion to table was carried. F- 301 On motion of Councillor Pye (b) A. D. I. Limited �j --77,,T // 1410ey,I- • P��/ Seconded by Councillor M. Vincent RESOLVED that in accordance with the request from the City Manager, / _�� F� h�Ko� approval be given to purchase approximately 14,000 gallons of Colas cold mix asphalt emulsion from Flintkote �6:; _ ho70% Co. of Canada, Ltd., at 41¢ per gallon, and to pay $9.00 per ton to Stephen Construction Company, Limited for /2�_/ Gc /' the supply of aggregates, batching, and mixing of 1,000 tons of cold mix asphalt. On motion of Councillor MacGowan $ 5,659.60 Seconded by Councillor M. Vincent (c) Goodyear Paving Limited RESOLVED that as recommended by the City Manager, authority be OOG[ 0k--Pk granted for payment of the following construction progress certificates on contracts for the following projects u�9e� that are included in the Capital Budget: - / ;2v Total value of contract $ V 1. Greendale 48 -inch Storm Sewer ✓`/ Supply and Install 48 -inch storm sewer 488,202.72 /� /dY/�7 Chitticks (1962) Ltd. Retention Total value of contract $ 88,102.00 Total work done, Estimate Number 7 77,586.40 322,462.88 Retention 2,327.60 Sum recommended for payment, Estimate Number 6, Payments previously approved 65,191.09 ' Sum recommended for payment, Certificate Number 7, November 21, 1974 $ November 28, 1974 $ 10,067.71 /%!7o/7GljS 2• Simonds Swimming Pool Simpson Construction Limited New Brunswick Housing Corporation Construction of swimming pool �°ry /Ce Total value of contract $ 319,250.00 P�af Total work done, Estimate Number 12 333,289.29 �yPSO/7 Retention 8,667.78 �0/�5�/^ / Payments previously approved 315,825.70 f� • Sum recommended for payment, Estimate Number 12, 117,825.00 P November 7, 1974 $ 8,895.81 5,891.30 On motion of Councillor Davis. u11;. 111,659.20 Seconded by_Councillor Gould ' RESOLVED.that;ias recommended by ,the ^C ty;Manager the following construction ,� CO x %� %• certificates and progress ro p g approved invoices for engineering undertaken under the Department of Regional Economic Expansion services in connection with projects that have been be -- $ 275.50 programme, paid, namely ��6CaS�°lNddJ ". Courtenay Bay Causeway Approaches (a) A. J. Callaghan & Associates 3. d�j�Jta�,7G N Engineering Services for Eastern Approaches s`aW sClole Payments previously approved $ 87,385.48 Sum recommended for payment, Estimate Number 31, 9�/95SoC. November 1, 1974 $ 7,409.50 (b) A. D. I. Limited --77,,T // 1410ey,I- Engineering Services for Western Approaches Payments previously approved $ 124,126.32 Sum recommended for payment, Estimate Number 30, September 30, 1974 $ 5,659.60 (c) Goodyear Paving Limited OOG[ 0k--Pk Construction of Eastern Approaches / ;2v Total value of contract $ 671,856.00 /'*l Total work done, Estimate Number 6 488,202.72 Retention 73,230.41 Payments previously approved 322,462.88 Sum recommended for payment, Estimate Number 6, November 21, 1974 $ 92,509.43 hdhc�o�SS,I 2. Residential LandBank - External Services 6/y New Brunswick Housing Corporation �°ry /Ce for construction of external services Total amount of contract $ 118,142.00 �l1p Total work done, Estimate Number 9 117,825.00 P Holdback, 5% 5,891.30 Payments previously approved 111,659.20 Sum recommended for payment, Estimate Number 9, November 14, 1974 $ 275.50 M� //�� / "' r.a rrer Marsh 3. Creek Sewerage Scheme s`aW sClole Murdoch Lingley Limited for legal surveys in connection with land acquisition Amount previously approved $ 11,552.65 Sum recommended for payment, Progress Estimate dated November 5, 1974 $ 50.50 4. Western Area Collector Sewer D. Interprovincial Engineering Engineering Services Q. ��, Payments previously approved $ 87,834.73 �T Sum recommended for payment, Invoice Number 1002, -T4Z pr pox, October 31, 1974, Claim Number 37 $ 174.86 Y,y. 5• Lorneville Western Industrial Water Supply Godfrey Associates Ltd. Engineering Services (�►/ /!'.1/7�lLS Payments previously approved $ 110,222.74 Sum recommended for payment, Invoice Number 5495, to October 31, 1974 $ 2,380.25 30*2 C'/i11ex/ AV S-1-obe mss 9,4wa rill %/e 1pvfo , St`ee/ .Si .Tines � lf/� QG'�°dh Steei� Consrucz� ft�Gt C'as/i ecei/ots In reply to Councillor M. Vincent's query as to the status of negotiations at this time regarding the approaches to the Courtenay Bay causeway, further to the recent report made by the City Manager to • Council, Mr. Barfoot stated that he has no further report - the dates in that report still hold. On motion of Councillor Pye Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, approval be given for payment of the invoice from Chitticks (1962) Ltd., dated November 18th, 1974, in the amount of $4,152.50, for equipment rented by the Works Department during the period November 1st to 15th, 1974. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the City Manager, approval be granted for payment of the invoice from Brookville Manufacturing Company, Limited in the amount of $3,357.94 for the supply of stone chips for the City's chipsealing programme. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that as per the recommendation of the City Manager, approval be granted for.payment of the invoice from Ocean Steel & Construction Ltd. in the amount of $3,025.00, for the fabrication of reinforced steel for the retaining wall at St. James Street, Saint .John West. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the Financial Statements for the month of October, be received and filed. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the City Manager advising of the new 7/tc*zi h9 re9u - plumbing regulations of the Province of New Brunswick (Regulation 74 -59) which will become effective January lst, 1975 and which will enable the Province to move into the plumbing licensing, permits and �a� /On5 inspectioc;€ield, be taken from the table and filed and as recommended therein, the City retain plumbing inspection, and the issuance of plumbing permits, and that this matter be referred to the Legal Department /hSOE�'2� /O/7 to bring in the necessary amendments to the Plumbing By -Law. �-seE' In expressing his concern about the Province would be taking over the local licensing of �ia�i ah� Plumbers, Councillor Cave indicated he would vote against the above motion, although he did not think there is anything the Council can do about the Province moving into this field. Councillor MacGowan recalled that the Council laid the subject matter on the table on November 25th last until the Council receives further information and has further discussion. She noted that the Council has not received any further information. Mr. Barfoot felt that by laying the matter on the table the intention was that the Council would have some discussion or a teach -in on the situation. He suggested that perhaps the matter could be referred to Committee of the Whole for such a discussion. On motion of Councillor Kipping Seconded by Councillor Davis RESOLVED that the above matter be tabled to Commnittee of the //C�� 0,0 ,W/-*eee Whole. Question being taken, the motion to table was carried with Councillor Higgins voting "nay ". On motion of Councillor MacGowan Seconded by Councillor Davis RESOLVED that in accordance with the recommendation of the City /, ✓ ' Manager, the following approved invoice for engineering services in connection with a project that was 11CX/b7 hS, ✓ undertaken under the Department of Regional Economic Expansion programme be approved for payment: - /f%usyuasli �K 1. Musquash Industrial Water Supply Scheme - Sections C and D 4c7kr�GLPP /y Engineering Atlantic Limited / Engineering services for Sections C and D - SC/jL°Iy�`e Saint John Major Water Supply Scheme Payments previously approved $ 421,948.36 Sum recommended for payment - Progress Estimate Number 2 (final) - dated August 23, 1973 $ 29,669.20 On motion of Councillor Davis Seconded by Councillor Kipping RESOLVED that the letter from the City Manager advising that he _ concurs with the report submitted by the Planning Advisory Committee for this meeting of Common Council S. ✓. l/r6an (in which it is recommended that the Common Council adopt the Saint John Urban Area Central Design � Report as its strategy or broad guidelines as to the kinds of development Council would like to encourage en� C in the central or uptown area, without commitment 'to any particular project therein at this particular epor, time), and agrees with the recommended approach for adoption by Council to individual projects suggested / // in the Urban Design, taking decisions on them as the time appears suitable, and that he submits that C��. Oh �aJ/ Council decisions on a number of issues are now timely and, accordingly, he recommends individual decisions on the following:- (1) that Council approve the Market Square site for the federal offices, as recommended in the Urban Design; (2) that Council authorise the preparation of a renovation scheme for the Old City Hall, by calling for proposals from interested developers with the objective of putting the building to good economic use, whilst preserving its character; (3) that Council authorise staff to seek a Federal Demonstration Grant for the Prince William Street area, to use in renovating and restoring the vitality of this important commercial street; (4) that Council reject the suggested location of the library in the Urban Design, and re- affirm the inclusion of the library as a first priority in the Market Square complex; (5) that the City Manager be asked to make further recommendations on priorities in the Urban Design as appropriate -- be received and filed and the said recommendations adopted and the Council proceed according to the said recommendations. n • 0 r- 30;3 Councillor Green entered the meeting. On motion of Councillor Hodges Seconded by Councillor M. Vincent 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 Section 97 of the Motor Vehicle Act, 1955, and Amendments Thereto ", be read a third time and enacted and the Corporate Common Seal J affixed thereto. 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 Section 97 of the Motor Vehicle Act, 1955, and Amendments Thereto" was read in its entirety prior to the adoption of the above resolution. On motion of Councillor MacGowan In reply to Councillor Kipping's request for the rationale for the recommendation made in his letter �Gh% h regarding the.library site, Mr. Barfoot stated that the rationale is that the library was included in the Market • Square site as part of the study which was done for Market Square approximately two years ago, which Council received and endorsed, and the call for proposals for Market Square development has been based upon that study amend- and is proceeding and will shortly be coming in to Council with a full report on what has been proposed. He pointed out that the library has been regarded as a corner -stone in the proposal regarding that project. � eA7 Councillor Kipping felt that perhaps the call for proposals and the commencement of construction are a long way apart. He pointed out that the Library Board has suggested that the present library building be retained and perhaps enlarged in order to give almost immediate extra space which is so urgently required. He asked if that has been considered to any great extent in arriving at the recommendation in the City Manager's letter, and if the Library Board has been contacted and if'the matter has been discussed with the Board. He felt that the other recommendations in the City Manager's letter are good, but that he would not want to rush into the recom- mendation pertaining to the library site because it looks as if the matter needs a great deal more liaison between the City and the Library Board. Councillor Higgins stated he agrees perhaps slightly with Councillor Kipping's point that the library is in such bad physical shape that some other proposal might have to be made. He stated that the recommendation from the City Manager that he is concerned with is with reference to the Federal offices site which he feels is pushing the matter a little too fast. He recalled the work that was done by the Unity Committee to try to have the Federal offices locate in the Prince William Street area on a possible site, and that comments have been made at this Council knowing full well that the Rocca proposal for Market Square is coming up and at that time, whether or not the merits of that would have to be decided on whether or not there would be Federal buildings within that complex as there was a concern about Trizec Corporation Ltd. developing, and so on. He stated that until he sees everything in perspective he cannot agree to the said ' recommendation from the City Manager. He noted that what we are actually saying to a developer is that we agree with Market Square as the site for Federal buildings - he incorporates that decision of Council into his plans and, with that type of guidance, he will more than likely come in shortly to the Council group with that type of guidance. He stated he would like to look at the fact that the City has purchased properties even though he notices that one recommendation is that the Council authorise staff to seek a Federal Demonstration Grant for ® the Prince William Street area. He stated that if the Council or developers can show him that Prince William Street can be better used than as a site for Federal offices then he will go along with the Federal offices in the Market Square development, but right now, by Council passing this motion, he believes the Council is saying to The Rocca Group Ltd. to go ahead and use this as its anchor as far as what is set money, as a major part of this development. He feels we might be "penny wise and pound foolish" if the Council were to do that. a�JlI9,GLU/ On motion of Councillor Higgins (//� Seconded by Councillor Gould RESOLVED that the above letter and recommendations from the City Manager ,0 he°ca� L P.,/7 As laid on the table until the dialogue that is necessary with each of these five items is made very clear to ES /9h the Council. �2/pOh G Question being taken, the motion to table was carried. Councillor Green entered the meeting. On motion of Councillor Hodges Seconded by Councillor M. Vincent 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 Section 97 of the Motor Vehicle Act, 1955, and Amendments Thereto ", be read a third time and enacted and the Corporate Common Seal J affixed thereto. 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 Section 97 of the Motor Vehicle Act, 1955, and Amendments Thereto" was read in its entirety prior to the adoption of the above resolution. On motion of Councillor MacGowan Seconded by Councillor Davis �Gh% h RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of �y -�� J The City of Saint John and Amendments Thereto" insofar as it concerns 1. amending Section 20, subsection(2) by (1) redesignating subclauses (1) to (n) inclusive to subclauses amend- (m) to (o) inclusive; (2) inserting a new subclause (1) after subclause (k) to read as follows: "(1) An office for one doctor or dentist. "; � eA7 2. amending Section 2, clause (at) by repealing clause (at) and substituting in lieu thereof a new clause (at) as follows: "(at) 'place' means an open, unoccupied place other than a public street, permanently reserved as the principal means of access to an abutting property or building and approved by the Committee as a privately - owned street or other access under the provisions of the Subdivision By- Law. "; 3. amending Section 221, clause (a) by repealing clause (a) and substituting in lieu thereof a new clause "(a) (a) as follows: such place shall have a width at least equal to the greater of (i) three times the width of the side yard required for the applicable zone, or (ii) 30 feet "; 4. (a) repealing Section 4, subsection (1); and (b) redesignating subsection (2) of Section 5 as subsection (1) and subsection (3) of Section 5 is hereby redesignatd as subsection (2); 5• amending subsection (2) of Sections 13, 20, 27, 35, 43, 60, 68, 79, 90, 101, 109, 129B, 131, 138, 154, 163, 172, 176 and 183, respectively, by repealing the lead paragraphs thereof and substituting in lieu thereof a new lead paragraph, respectively, as follows:- "The following uses of land, buildings and structures are permitted only if approved by the Committee and only on compliance with such terms and conditions as may be imposed by the Committee. "; 6. (a) amending Section 60, subsection (3) by inserting the words "or two family" after the word "family" in the first line thereof; and (b) amending Section 69, subsection (4) by inserting the word "and" at the end of clause (a) thereof; 7. repealing Section 217, subsection (5) and substituting a new subsection (5) in lieu thereof as follows:- ® "(5) Council may, at its discretion, allow a developer to pay to the municipality a sum per parking space in lieu of providing such off- street parking spaces as may be required under subsection (1), with such sum to be payable in accordance with such by -laws, policies, terms and conditions that the Council may have enacted or established." -- be read a third time and enacted and the Corporate Common Seal affixed thereto. 304 . The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" was read in its entirety prior to the adoption of the above resolution. The Common Clerk advised that tenders closed this afternoon for the demolition of buildings at • 15 Dock Street, 17 -19 Nelson Street and 18 -20 Smythe Street, in the urban renewal area. On motion of Councillor MacGowan Seconded by Councillor Kipping RESOLVED that the tenders received for the above named demolitions be opened at this time. The Common Clerk thereupon opened the bids received for the said demolition work, submitted by Grove Construction Ltd., B. Ackroyed and P. Daeres Demolition and Construction, and Chittick's (1962) Ltd. Seconded by Councillor Higgins RESOLVED that section 1 of the above named report be adopted. On motion of Councillor Davis • Seconded by Councillor Higgins RESOLVED that section 2 of the above named report be tabled to Committee of the Whole. io Councillor Gould voted "nay" to the above motion, which was carried. On motion of Councillor Green Seconded by Councillor Davis ' RESOLVED that the letter from the Assistant Redevelopment Officer u/ %? J�Pene/f/a with regard to 39 Dock Street (F- 6- 11 -5), which is the former Cash & Carry Cleaners Ltd. property, 'if �QC� � advising that further to the acquisition of this property, advertisements were placed in various news /� media throughout Canada and the New England States inviting complete or separate bids on all of the ` � a/'/'y 1 machinery that the City, on behalf of the Partnership, had acquired in the settlement of total compensation C /Paheh Zid / for the purchase of this property; that as a result of the advertising for bids, the amount of recoveries 015 -/_e"/ a� realized to date is $3,725.00 which has been deposited with the City's Commissioner of Finance to be LYJJ shared under the usual method of sharing recoveries; that every effort is being put forth to realize the ' highest recovery for the machinery yet to be sold and a final report will be submitted to Council immediately C O�htS this achievement has been attained -- be received and filed. On motion of Councillor MacGowan �— Seconded by Councillor M. Vincent C /i/ /C.L/�p,/- RESOLVED that the letter from the Civic Improvement and Beautifi- e cation Committee to whom was referred on November 18th last proposed amendments to the Building By -Law egarding the demolition of buildings, for the Committee's comments, advising, as follows:- that with regard to subsection 8 (a) the Committee is concerned with the wording "adequately barricaded" and hopes /Oh e-te that this would be to the satisfaction of the Building Inspector so that, where possible, attractive • fencing would be required rather than just a form of barricade; that the Committee is concerned with the condition of lots following demolition and would suggest that lots should be properly graded following demolition, where possible, to the satisfaction of the Building Inspector; that during discussion on the �ences;y %hg proposed amendments the Committee noted that several excavations and foundations in the city are being p�.4j z/eS; left in a dangerous condition and it was suggested that the property owners should be required to correct ��coa�t�� i/O Y15i such conditions if construction does not take place within a reasonable time - the City Solicitor has .,�ound�� /aas �ii�•y .So/ ci�or ., , On motion of Councillor Higgins IOWAs/rye Seconded by Councillor Davis ,POM0 //�4/O/2 RESOLVED that the tenders received for the demolition of urban 1.5-006-k S2/', renewal properties located at 15 Dock Street, 17 -19 Nelson Street and 18 -20 Smythe Street, be referred /7 -/9 /fie %SO /7 to the City staff for a report to Council. The Mayor advised that with regard to section 2 of the Committee of the Whole report from the November 25th, 1974 meeting of the Committee of the Whole, he has been requested by some Councillors to defer this section because there is further information that has become available with regard to the subject (Brunswick Square parking provisions). The Council members acceded to this request. 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 begs leave to report that it sat on November 25th, 1974 when there were present Mayor Flewwelling and Councillors Cave, Davis, Gould, Green, Higgins, Hodges, MacGowan, Parfitt, Pye and M. Vincent, and your Committee begs to submit the following report and recommendation, namely: - Senior ;P,PA?ey 1. # That in accordance with the recommendation from the City Manager and the Commissioner of ,1r1/ 4 el7S /YOLGS /I7 Finance, the request of Rotary Senior Citizens Housing Ltd. that the City take over ownership of the senior citizens housing project situated on land close to Millidge Avenue and constructed in 1964, be acceded to and implemented in accordance with Common Council resolution of August 3rd, 1964, that the e�6/1/ O/' C /� /.ZE'h Xew6l,4 9 Legal Department arrange for submission to the Common Council of the documents necessary to effect the transfer that the be by Saint John Housing Authority of ownership, and managed p, project under the general ( direction of the Real Estate Department. ' `S/YOL/C,�S/ h9 Au -"" 0rl/�Y 2. (With regard to the request made by Trizec Corporation Ltd. that the company be allowed to with the parking facilities for Brunswick Square as now proposed by the company's consultants T /X ee cat" , / cat" and that no further cost obligation or other encumbrance be placed upon the company). �1Lh5u/ /f1 c 7_ Q10{7 Siheet Respectfully submitted, /- /1'79 P 2nd December, 1974, ( sgd. ) E. A. Flewwelling, Saint John, N. B. Chairman. On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that section 1 of the above named report be adopted. On motion of Councillor Davis • Seconded by Councillor Higgins RESOLVED that section 2 of the above named report be tabled to Committee of the Whole. io Councillor Gould voted "nay" to the above motion, which was carried. On motion of Councillor Green Seconded by Councillor Davis ' RESOLVED that the letter from the Assistant Redevelopment Officer u/ %? J�Pene/f/a with regard to 39 Dock Street (F- 6- 11 -5), which is the former Cash & Carry Cleaners Ltd. property, 'if �QC� � advising that further to the acquisition of this property, advertisements were placed in various news /� media throughout Canada and the New England States inviting complete or separate bids on all of the ` � a/'/'y 1 machinery that the City, on behalf of the Partnership, had acquired in the settlement of total compensation C /Paheh Zid / for the purchase of this property; that as a result of the advertising for bids, the amount of recoveries 015 -/_e"/ a� realized to date is $3,725.00 which has been deposited with the City's Commissioner of Finance to be LYJJ shared under the usual method of sharing recoveries; that every effort is being put forth to realize the ' highest recovery for the machinery yet to be sold and a final report will be submitted to Council immediately C O�htS this achievement has been attained -- be received and filed. On motion of Councillor MacGowan �— Seconded by Councillor M. Vincent C /i/ /C.L/�p,/- RESOLVED that the letter from the Civic Improvement and Beautifi- e cation Committee to whom was referred on November 18th last proposed amendments to the Building By -Law egarding the demolition of buildings, for the Committee's comments, advising, as follows:- that with regard to subsection 8 (a) the Committee is concerned with the wording "adequately barricaded" and hopes /Oh e-te that this would be to the satisfaction of the Building Inspector so that, where possible, attractive • fencing would be required rather than just a form of barricade; that the Committee is concerned with the condition of lots following demolition and would suggest that lots should be properly graded following demolition, where possible, to the satisfaction of the Building Inspector; that during discussion on the �ences;y %hg proposed amendments the Committee noted that several excavations and foundations in the city are being p�.4j z/eS; left in a dangerous condition and it was suggested that the property owners should be required to correct ��coa�t�� i/O Y15i such conditions if construction does not take place within a reasonable time - the City Solicitor has .,�ound�� /aas �ii�•y .So/ ci�or ., , 305 y dWS agreed to discuss this suggestion with the City's Codification Committee with a view to including such a regu- � 02% C.7eb, lation in the Building By -Law -- be received and filed. Coami On motion of Councillor MacGowan 3a/, /YIJC' �y -,yaw ?rcre/dure 'i'e GG e/JJO�/ - Dior/ D�'6 /dy C/ f eSo /icifor '/w✓l7Gl Co mlh/ �F ,(o -z�, corset �i0eese7hn SNhOd Or Rescind", • rh o�% Or! ��r W ew 9I^ Pa0em &r 2z ' Care Un /fed Cii Ao�s 87'1 1975- 134Z C 1%74M u ¢ra /,7e,5iq %a/re- UdGr *-est "tw oh ,, /OCij 10,0b arjR Cou,ov, 0-� ve .s, ✓, fYS�. Ld+ ys.9. deve%j Soli "�: for Seconded by Councillor Higgins RESOLVED that the letter from the City Manager advising that for some time, a staff committee under the chairmanship of Mr. R. Dhar has been working on some changes in the procedure for demolition of buildings in the city, and submitting a draft of amendments to the Building By -Law which has been recommended by the said committee, and recommending that the proposed amendments with the following variations with regard to the requirement that a deposit be made regarding demolitions, the formula to be employed be as follows - 30% up to a contract price of $5,000.00, with a minimum of $200.00; 20% up to a contract price of $10,000.00; and 10% of contracts greater than $10,000.00; and that in addition to the committee's draft he recommends the amendment that persons applying for a demolition permit should have proof of the necessary insurance to the satisfaction of the Building Inspector -- be approved in principle by Council and referred to the Legal Department to prepare an appropriate amendment to the Building By -Law -- be received and filed and the recommendations adopted. On motion of Councillor Pye Seconded by Councillor M. Vincent RESOLVED that the letter from the Land Committee, advising that with reference to Common Council resolution of July 15th, 1974 which adopted a recommendation of the Land Committee whereby the City of Saint John agreed to purchase a parcel of land known as Lot 1 and situated at the southeast corner of Sydney and Britain Streets for the assessed value of $1,200.00 from the Diocesan Synod of Fredericton, and that during the title search by the City's Legal Department it was discovered that the tax arrears amounted to $727.86, and that the Committee, due to the encumbrance of tax arrears, now recommends that the said Council resolution of July 15th, 1974 be rescinded, be received and filed and the recommendation adopted to rescind the said resolution of Council. On motion of Councillor Pye Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the Land Committee, an area of City -owned land on the north side of Molson Avenue, at the extreme western end of the street, just before it terminates on the boundary of the Saint John Throughway, which area contains 6,317 square feet, be sold to Mr. Leigh Webster for the appraised value of $3,800.00, and that a 15 -foot sewer easement, as indicated on the submitted plan (that is, a 15 -foot strip of the said area, running parallel with the southern line of the said throughway) be retained by the City of Saint John from the said 6,317 square feet, and that Mr. Webster pay all legal and survey costs incurred by the said transaction. ' escl;ZWeW 6 r C'C'O. 410 t/ /5, 1976 �ov� On motion of Councillor MacGowan (P, 7� 744) Seconded by Councillor M. Vincent RESOLVED that the letter from the Land Committee, in regard to the application made to Common Council by Mr. D. F. MacGowan, solicitor for Carleton -Kirk United Church, that the said Church congregation be given a deed by the City for Lots 874 and 875, Guilford Street, advising that in 1842, the City of Saint John conveyed these lots to Isaac Olive and Robert Salter "for the use and purpose of erection thereon a Wesleyan Methodist Chapel forever" and that Messrs. Olive and Salter were trustees of the Methodist Church, which has, over the years, now become the Carleton Church, and that since the 1842 deed was given for the purpose of erecting a chapel, as noted above, there may be a legal argument that the City did not divest itself completely of title, and that the Land Committee therefore recommends that the Mayor and Common Clerk be authorized by Common Council to execute a Quit Claim Deed for the said lots to the Trustees of Carleton - Kirk Congregation of the United Church of Canada -- be received and filed and the recommendation adopted. On motion of Councillor Davis Seconded by Councillor Hodges RESOLVED that the letter from the Planning Advisory Committee advising that the Committee over several meetings has been reviewing the Saint John Urban Area Central Design Report and now recommends that the Common Council adopt the report as its strategy or broad guidelines as to the kinds of development Council would like to encourage in the central or uptown area, without commitment to any particular project therein at this particular time, and further advising that the Committee believes that individual projects and implementary techniques can be examined, in advance of need or as required, by Council, its staff and the Tri -level Committee reported on by the City Manager to the November 25th, 1974 meeting of Council, and that City programmes and facilities could be supportive to the strategy in the report and the appropriate Federal and Provincial agencies could be requested to co- operate accordingly in programmes favoured or initiated by the City, and further advising that the Advisory Committee is also interested in a greater "design consciousness in the city as a whole, and that the City Architect is preparing a report on this for review by the Advisory Committee and eventual consideration by Council -- be received and filed. Councillor Cave noted that in spite of the recommendation made in the above noted letter from the Planning Advisory Committee a take -out restaurant was permitted to locate on Loch Lomond Road, and that he will check into this carefully and will be asking for a report on the matter. Councillor Kipping withdrew from the meeting. On motion of Councillor Gould Seconded by Councillor Davis RESOLVED that the letter from the Saint John Housing Commission submitting a definition of the words "large scale" housing development which are contained in the Commission's letter considered at the meeting of Common Council of November 12th, 1974, and advising that the question of what is "large scale" is one for the discretion of Council and that the Commission recommends that any development over four housing units be considered "large scale" and any developments under this size could be subject to the rule of reversion of re- zoning, if the proposal is not undertaken within six months from the date of re- zoning - and the Commission's recommendation to Council on November 12th, 1974 that the Common Council adopt the policy that when application is made for re- zoning for any large scale housing development, the applicant be required to enter into binding contractual obligation before final approval is granted for such re- zoning -- be referred to the City staff including the City Solicitor, for a report and recommendation. Councillor Kipping re- entered the meeting. 306 On motion of Councillor Davis yyJ� � //JJ Seconded by Councillor MacGowan .X;2 /LO/�JM' RESOLVED that the letter from the Mayor's Committee on Alcoholism Oh ;1571W o11:6,w pointing out that after four years of operation the Committee, which was formed in 1970 primarily to look after the homeless alcoholics in our area, is presently in the same position as when it commenced which the Committee finds very frustrating, and advising that the Committee understands that legislation has C.c1irB O //O%JJe- been _approved by the Province to ensure that homeless alcoholics would receive adequate care but we are / still faced with the problem of the alcoholics in our area and that when the hostel in the former police �eSS aJ�ce�/o� CS station on King Street East was closed it was with the understanding that the Province would accept the responsibility of caring for the unfortunate victims of alcohol, and further advising that the Committee has been told that the Minister of Health, while saying that alcoholism is the responsibility of the Health Department, seems to feel that these men are actually a social problem and basically a civic responsibility, and further advising that the Committee feels that this is not the City's responsibility and whereas the Province is reaping the benefits from the sale of alcohol that much more has to be put into a rehabilitation programme - a programme of providing care for those who are in such an unfortunate position that they cannot care for themselves, and also the establishment of a half -way house, for those who have undergone treatment -- and that the Committee believes that the Council and the citizens should �yJ / be made aware of the problem that exists in our city and would request Council's support and assistance in providing this help to the alcoholics in our city -- be received and filed and copies of same be sent /�%/ h. T St %tee to the Minister of Health and the Minister of Justice of New Brunswick with the request that they inform the Council at the earliest possible time what steps they are taking regarding this problem, which cannot continue indefinitely. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that a report from the Nominating Committee be added to the agenda for this meeting of Council. (gyp On motion of Councillor Higgins Seconded by Councillor Gould /7P/pO/ h�IY7�°hG RESOLVED that in accordance with the recommendation of the Nomin- R�n J( /_ / �T / �o� ating Committee, Mr. Frank A. Rodgers be appointed to the Planning Advisory Committee for the unexpired term of the late Mr. Charles J. Farrell. �aa, �dars • Olrlly/• On motion of Councillor MacGowan • • L • Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. E. T. Sadler, Superintendent, Canadian Pacific Railway, in reply to Common Council resolution of November 4th, 1974 concerning delays C. to traffic caused by movements of trains at the railway crossing at Church Avenue in Saint John West, advising that the scheduling of freight trains arriving at West Saint John is such that little difficulty / G[ has been experienced at this crossing during the rush hours of vehicular traffic - however, for many reasons, delays do occur to an on -time performance, with late arrivals which do cause problems to the r'!{!� C/4�SS /h company's customers and yard forces - it is considered that rail traffic in and out of Saint John is of n //7 utmost importance to the City and the company endeavours to provide satisfactory service to the best of (.X&t,C' 1-J its ability; quoting the stipulation contained in the Uniform Code of Operating Rules, approved and prescribed by the Canadian Transport Commission, by which Rules the company is governed, with reference to not obstructing a public crossing at grade for a longer period than five minutes, and to not obstructing same by any part of a car or engine, or by switching operations, and pointing out that a train moving over a public crossing continuously and clearing the crossing without stopping would not be in violation of the five minutes rule and that this rule applies when a public crossing is being occupied by a station- ary car or engine or a switching movement for more than this period of time; and further advising that all running trades employees involved in the movement of engines, cars and trains have been duly caut- ioned concerning the seriousness of blocking railway crossings for extended periods of time and instructions in this regard have been issued to all employees concerned and, in addition, the officers and supervisors in charge of all such movements in the terminal have been instructed to plan their work in such a manner that will eliminate the risk of blocking railway crossings for excessive periods of time -- and assuring the Common Council that the company is cognizant of the seriousness of the problem and that it is con- tinually altering its work patterns in an effort to avoid the unnecessary blocking of railway crossings, and that there will be no let -up in its efforts in this connection - -be received and filed, and the said company thanked for its co- operation. Councillor MacGowan advised that the situation has improved in the above noted matter since November 4th last. She reminded the Council that the problem at that time was not the length of the delays but the frequency at which they occurred during the rush noon -time period. On motion of Councillor Gould Seconded by Councillor Hodges // RESOLVED that the letter from Mrs. Ruth Koven of 400 Mount Pleasant TjirO&e Avenue making an urgent and formal request that the Mayor and Common Council arrange a meeting between ✓ the Provincial Department of Highways, members of town planning, members of Council and residents of the /�/ay marn� Rockwood Court- Rockwood Park area within the week of November 23rd, 1974 to discuss the ramifications of �j f SnS the road - building presently going on in the said area in connection with the Saint John throughway, be / _( /OK LOLL received and filed. !NO 1'ca%Waed 'v.Jo Consideration was given to a letter from Mr. A. R. W. Lockhart, Managing Director of Radio d1"CCP Station CFBC, which notes that the date for the celebration of the 200th anniversary of the founding of 0��92 /7//?4 the City of Saint John is now only a few years away and which expresses the belief that such a cele= bration should reflect not only the internal activities of this city but also the contribution it has made to Canada, and that the time to start work on the celebration is now. The letter asks that the Common Council include an amount in the 1975 budget and each budget thereafter for general expenses in connection with the bi- centennial, and that a report be prepared by staff for the general public out- lining general proposals for the event and that a committee be set up to receive suggestions from the C 5 /OG{/1� general public. The letter states that in view of the long range commitments of the various groups who /�G1 ✓ T / ould like to support this project, it should be regarded as urgent and a firm time schedule should be O 07 approved by Common Council as soon as possible. &?nnhlen-aVy The Mayor observed that it is nice that citizens are retaining an interest in the history of our city, and that at the time the efforts were being made to bring the 1977 Canada Summer Games to Saint John and the Committee worked very hard in this regard it was suggested that the Committee not resign • • L • • r;E1BC 6'iVys -soup /n9 aov��i ahhi ver667h °o6eHi-lii/. f7p Sz�of� S /yrr !/ia�uet he Trees Assdc, a-; Trees lec /Y)Sa C AC6 "4e ua?�i On ,Id C /? -Y -2).?vl W CTi C/yf o . <�9 �e -zany owl C'wr/eAi -efJ , ;Pe- xoni�9 far /eon -; �nn,.9a COMM. 307 because of the members' great capacity to work together as a team. He recalled that Councillor Davis had suggested that the members of that Committee stay on in order that the Bi- Centennial Committee could be formed that is suggested in the letter from Mr. Lockhart. With reference to the suggestion that the City budget an annual amount to be set aside for the celebrations, the Mayor stated that until a committee is formed and feedback received from the public on the suggestions for the celebration's type of organization, only then could he consider setting up an annual budget for the amount the Council would be asked to set aside so that the present tax rate, which we are trying to keep down, would not be affected at the present time. He regarded Mr. Lockhart's idea as an excellent one and he thanked him for it. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that the letter from Mr. A. R. W. Lockhart, Managing Director of Radio Station CFBC regarding planning and City budgeting for the 200th anniversary of the founding of the City of Saint John be referred to staff for a report in anticipation that such report be made to Council no later than mid - January, 1975. On motion of Councillor Cave Seconded by Councillor Higgins RESOLVED that the communication from Mr. Robert W. Montague of 55 ight Street requesting that the pedestrian cross -walk at the intersection of Stanley Street and City Road be tter lighted, be referred to the appropriate staff for a report and recommendation to Council. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the letter from Mr. Ralph E. LeBlanc of 607 1/2 Ready Street, Saint John West, expressing the view that the intersection of the Viaduct and the harbour bridge approach at the rear of Brooke Bond Foods Ltd., Mill Street, is very dangerous as cars coming off the bridge fail to yield and that he feels a stop sign would be an improvement, and that the position of the guardrails prevents cars, even yielding, from seeing oncoming traffic because these rails are at the eye level of drivers and that he feels corrective action should be taken in this regard, and requesting that the Common Council look into these matters, be referred to the appropriate staff for a report to Council. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from the Trees For Canada Committee of the Boy Scouts Association of New Brunswick requesting that the City afford measures for the protection of seedlings planted in 1974 in the Robinson Lake area, including the erection of a Trees For Canada sign, be referred to the appropriate City staff and to the appropriate committees. On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that the letter from the Saint John Lions Club Ltd. requesting that this organization be granted the use of the City -owned former City Hall building, Prince William Street on the lower floor of such building, at no charge for the purpose of holding a public auction on February 15th, 1975 of items which will be solicited from firms and individuals, and noting that the facilities would be required from January 1st, 1975 for the storage of items leading up to the auction and that the premises would be vacated not later than February 20th, 1975, be referred to the City Manager for a recommendation. On motion of Councillor Parfitt Seconded by Councillor Hodges RESOLVED that the application submitted by Mr. David G. Barry, of Messrs. Clark, Drummie & Company, Barristers, on behalf of H. M. Hopper Co..(1961) Ltd. for a change in zoning district to permit the establishment of a wholesale outlet and warehouse for electrical supplies on property on Crown Street in the St. James Street area, be referred to the Planning Advisory Committee for a recommendation. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from Mr. Donald J. Bird, Project Director for the building complex project of Carleton -Kirk United Church, advising that the site for this project has been ,modified by the acquisition of additional land as the portion of King Square West is not available for the roject and that it would be appreciated if the City could reactivate the Church's application for re- zoning while the Church is waiting for sub - division plans for this additional land to be prepared and the design of the complex to be altered to take care of the new property boundaries, and further advising that the only change in the Church's plans affecting the City will be a request to the Planning Advisory Committee, when plans are more advanced, for a variance to allow the project to build close to the boundary of King Square West, and further advising that other than as stated, and the height variations already agreed by the Municipal Planning Director in his letter of September 20th, 1973, the project as now envisaged, which will provide 75 apartments, can meet all the requirements of "RM -1" zoning, and submitted a plan showing the new property boundaries, be received and filed. It was noted that because over six months has elapsed since the original re- zoning application was made regarding the above named project, it is now necessary that the re- zoning procedure be commenced as a new application. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that the application from Carleton -Kirk United Church for the necessary re- zoning for the building complex proposed on the site off Duke Street just west of King Square West, be referred to the Planning Advisory Committee for a report and recommendation. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that this meeting continue, in legal session. 308 L E G A L C/erl1- pia" ymar/�e� �q. mss /<eaSe d�erjd (/, if. f4rea Roeecq �'ro ufo Ally. ,9ss�yhme�` 011 y Nfr. Cn'0- Ordl;;1:7111'd G�iJIllM. �/��l+�hE The Mayor noted that Mrs. Ruth Koven of 400 Mount Pleasant Avenue, whose letter was received and earlier in the meeting, regarding a meeting to discuss the ramifications of the throughway road- • ng in the Rockwood Court - Rockwood Park area, has requested that an advertisement be placed in the per to inform that the requested meeting is to take place on December 4th at 7.30 p.m. The Common was asked to see that this advertisement is made. A letter, dated November 29th, 1974, from the City Solicitor was considered in which he advises that the City does not have good title at this time to the land which is being leased to The Rocca Group Limited for development, known as Site "K ", Main Street; that the City Manager has been advised to this effect and of the outstanding matters pertaining to the title surrounding this parcel of land and that he understands that the City Manager through the Urban Renewal office has commenced the necessary steps to acquire the outstanding portions of this parcel as soon as possible (as well, the Council has authorized the necessary advertising for the required street closings); that on November 27th, 1974, he received a letter from Thomas L. McGloan, solicitor for Standard Life Assurance Company, the long term lender, informing him that Mr. McGloan's client could not advance money to The Rocca Group Limited unless the City execute an amendment to the Lease to provide for a warranty clause to the effect that the City has good right and title to the land leased to The Rocca Group Limited; that on November 29th, 1974, he received a copy of a letter which John P. Rocca received from Pat Rocca, President of the company in- forming him that if no solution is found prior to December 3rd, 1974, the company has no alternative but to abandon the project and take the necessary steps to commence legal action against the City of Saint John. The letter discusses the matter of legal action against the City in this regard, which, if suc- cessful, could involve damages in very substantial sums of money, and states that, in the meantime, the City Solicitor cannot recommend that Council authorize the Mayor and Common Clerk to execute an amendment to the Lease and warrant good title when in actual fact the City does not have good title at this time, and that, in view of the fact that the City is attempting to acquire the outstanding parcels with every likelihood that the parcels will be acquired by the City, even though expropriation may be necessary, the City Solicitor is making a recommendation (set forth in the letter) which has been approved and acceptable to Mr. McGloan. The letter discusses the question of determining where responsibility properly lies in a natter such as the aforegoing, if the Council is ever called upon to make such a decision, and recommends that in view of the fact that the City Manager has a statutory responsibility to Council for the ad- ministration of the City, and that legally, no relationship exists between the Council and the various directors under the City Manager, the Urban Redevelopment Officer report to Council through the City Kanager in all future transactions. Mr. Barfoot, in reference to the recommendation made by the City Solicitor's letter that the Urban Redevelopment Officer report to Council through the City Manager in all future transactions, and with regard to making that an instruction, pointed out that this site development was an agreement arrived at by the Partnership in urban renewal and that Mr. Buck, the Redevelopment Officer, is the secretary of the Co- Ordinating Committee. He stated that he would like to take this particular recom- mendation back to the Partnership and discuss this change with them before the Council so unilaterally makes a change in effect to the arrangements which have been reached. He added that the Co- Ordinating Committee is a committee of three levels of government who have been reporting in a certain manner which was agreed upon early in the term of their existence, as to the way they would report to the Council and to their various levels of government. He stated he is chairman of that Co- Ordinating Committee. Considerable discussion took place regarding ramifications of the above matters. On motion of Councillor Higgins Seconded by Councillor Davis RESOLVED that in accordance with the recommendation contained in he letter from the City Solicitor, dated November 29th, 1974, the Mayor and Common Clerk be authorized P execute on behalf of the City of Saint John an amendment to the Lease dated the 19th day of July, 1974 from the City to The Rocca Group Limited for Site "K" in the North End Urban Redevelopment Area, and that the said amendment contain the following provisions:- "An express covenant for quiet enjoyment and that such covenant extend to Third Parties, together with an indemnification clause. That the City agrees to take all the necessary steps in its power to acquire the outstanding parcels as soon as possible. That the foregoing amendment to the Lease be effective from the date of the proposed mortgage to when the matters pertaining to the marketability of title are resolved. And further that the City consent to the assignment of the Lease as contained in the proposed mortgage. ". On motion of Councillor Higgins Seconded by Councillor Davis RESOLVED that the Common Council afford the City Manager the courtesy of bringing to the Partnership Co- Ordinating Committee on Urban Renewal the suggestion made by the City Solicitor that the Urban Redevelopment Officer report to Council through the City Manager in all future transactions. • 0 f/rGah lied e /Op' The Common Clerk advised that because of the fact that advertising has to be made for the proposed closing of portions of Main Street and Crown Street in connection with Site "K" in the North End ' C�OIIHe %�f�e/' Urban Redevelopment Area, a date will have to be set for the hearing of objections, if any. The Council members agreed that a meeting of Common Council be held at 7.00 p.m. on Monday, December 23rd next for ✓✓ this purpose. „�pp�L � /osih /art Is%a: ii .fit. C'rolNh -5i, On motion The meeting adjourned. Common 4 erk. E • IS97 .�i6rary 309 At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the ninth day of December, A. D. 1974, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt, A. Vincent and M. Vincent -and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, C. E. Nicolle, Director of Recreation and Parks, A. Ellis, Building Inspector, H. Ellis, Budget Officer, and B. Gale, Plumbing Inspector Pastor K. L. Corkum of The Seventh Day Adventist Church, offered a prayer which opened the meeting. The Saint John Regional Library Board was represented at the meeting by Dr. Norman S. Skinner, and Mrs. J. C. Corbett, Mrs. C. F. Whelly and Messrs. T. Crowther, J. H. Stafford and L. Machum. Also present was Mrs. Eileen Travis, Chief Librarian. Mr. Stafford, Chairman of the Board, read a brief from the Library Board which stresses the need for a new library building and appeals to the Common Council for a decision on com- mitting itself to the construction of a new library building now, and points out that a city -wide campaign to solicit public and private contributions could then be undertaken and a new library facility erected starting early Spring 1975. In discussing whether the 75,000 square feet asked for would provide for future growth, Mr. Stafford advised that the Library's original request was for 100,000 square feet in the new building which would provide for future expansion - 100,000 square feet is really what the library needs but the Board has reached the stage where it does not quibble about the matter. When asked if the 75,000 square feet includes the services for a bookmobile, Mr. Stafford stated the Board presumes it would be having bookmobile space in there. He stated that the Board would like to be in a position, once it knows that the library site is in the Dock Street area, to come in and state its requirements for such site regarding space, and so on. The Council members congratulated the Library Board and the library staff in the excellence of the foregoing presentation, noting that the library staff are working under a handicap in the present library quarters. On behalf of the Library Board, Mr. Stafford thanked the Council for the hearing, and the Library Board and staff withdrew at this time. Notice had been sent to the Estate of Florence Goree and to Mr. A. John Debly, Barrister, to appear at this meeting to show cause, if any, why the buildings located at 76 -78 Spar Cove Road should not be removed or destroyed as dangerous or dilapidated buildings. It was noted that no person was present on behalf of the said Estate. Mr. Ellis advised that Mr. Debly is the lawyer who looks after this Estate, and that Mr. Debly is not an owner of the property. It was noted that Mr. Debly was not present. Mr. Ellis advised that the two buildings and the shed are in a dilapidated, deteriorated, unsightly and very dangerous condition and unfit for habitation and in a state of collapse, and that he recommends that these structures be demolished. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that notice having been given to the Estate of Florence Goree, _4/41i being the owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the buildings located at civic numbers.76 and 78 Spar Cove Road, in the City of Saint John, requesting that the said 76W/ 7% �J� owner appear before this meeting of the Common Council to show cause why the said buildings should not be Co/ removed or destroyed as dangerous or dilapidated buildings, and having considered the report of the Inspector of re s7d, Buildings, and no -one having appeared on behalf of the said Estate of Florence Goree; the Common Council hereby deems and declares the said buildings located at civic numbers 76 and 78 Spar Cove Road, in the said city, to be /- dilapidated and dangerous: C'oree AND BE IT FURTHER RESOLVED that the said Estate of Florence Goree is hereby required to remove or destroy the said buildings situate at civic numbers 76 and 78 Spar Cove Road, in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: AND BE IT FURTHER RESOLVED that upon failure of the said Estate of Florence Goree to remove or destroy the said buildings situate at civic numbers 76 and 78 Spar Cove Road, in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof ® recovered from the said Estate of Florence Goree. Notice had been given to Mr. Raymond Henry, Mrs. Hazel Henry and Mr. John R. Foote to appear at this meeting to show cause, if any, why the building located at 100 Emnouth Street should not be removed or destroyed as a dangerous or dilapidated building. Mr. Ellis advised that Mr. J. R. Foote was the holder of the mortgage on this property, ad that he received information today that the insurance has been paid on this building and that When asked if the Library Board is looking for an entirely new building or for an extension at the present location of the library, Mr. Stafford replied that the Board is looking essentially for a new library, ��n/l� prja� centrally located, with 75,000 plus square feet, with adequate parking facilities and adequate space for the • bookmobile operation; as for enlarging the facilities at the present location of the library, it is conditional /J�r�h� % upon providing the parking facilities required for all uses mentioned and taking into consideration the needs of all library users including elderly and handicapped persons. Councillor Davis reminded the meeting that a previous Council committed itself to building a new library and that the library would be the major part of the civic centre development on Dock Street and has the most prominent position in that centre. He therefor felt there is no problem about the library site because it is there, and on the street, and the bookmobile services will be in from the rear of the building. He noted that the next phase is that of raising the money to build it, and the final phase will be to move into the new library. He assured the Library Board that work has been going on quietly towards the building of a new library. He added that the library area, instead of the 75,000 square feet asked for, will be 73,000 square feet, and he asked if that is satisfactory. In reply, Mr. Stafford stated that the Library Board is open to negotiations on that point. On being informed that the present library property on Hazen Avenue belongs to the City of Saint John, Councillor Kipping commented that the Council will have to start thinking quite soon about what use will be made of that building and its environs. In discussing whether the 75,000 square feet asked for would provide for future growth, Mr. Stafford advised that the Library's original request was for 100,000 square feet in the new building which would provide for future expansion - 100,000 square feet is really what the library needs but the Board has reached the stage where it does not quibble about the matter. When asked if the 75,000 square feet includes the services for a bookmobile, Mr. Stafford stated the Board presumes it would be having bookmobile space in there. He stated that the Board would like to be in a position, once it knows that the library site is in the Dock Street area, to come in and state its requirements for such site regarding space, and so on. The Council members congratulated the Library Board and the library staff in the excellence of the foregoing presentation, noting that the library staff are working under a handicap in the present library quarters. On behalf of the Library Board, Mr. Stafford thanked the Council for the hearing, and the Library Board and staff withdrew at this time. Notice had been sent to the Estate of Florence Goree and to Mr. A. John Debly, Barrister, to appear at this meeting to show cause, if any, why the buildings located at 76 -78 Spar Cove Road should not be removed or destroyed as dangerous or dilapidated buildings. It was noted that no person was present on behalf of the said Estate. Mr. Ellis advised that Mr. Debly is the lawyer who looks after this Estate, and that Mr. Debly is not an owner of the property. It was noted that Mr. Debly was not present. Mr. Ellis advised that the two buildings and the shed are in a dilapidated, deteriorated, unsightly and very dangerous condition and unfit for habitation and in a state of collapse, and that he recommends that these structures be demolished. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that notice having been given to the Estate of Florence Goree, _4/41i being the owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the buildings located at civic numbers.76 and 78 Spar Cove Road, in the City of Saint John, requesting that the said 76W/ 7% �J� owner appear before this meeting of the Common Council to show cause why the said buildings should not be Co/ removed or destroyed as dangerous or dilapidated buildings, and having considered the report of the Inspector of re s7d, Buildings, and no -one having appeared on behalf of the said Estate of Florence Goree; the Common Council hereby deems and declares the said buildings located at civic numbers 76 and 78 Spar Cove Road, in the said city, to be /- dilapidated and dangerous: C'oree AND BE IT FURTHER RESOLVED that the said Estate of Florence Goree is hereby required to remove or destroy the said buildings situate at civic numbers 76 and 78 Spar Cove Road, in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: AND BE IT FURTHER RESOLVED that upon failure of the said Estate of Florence Goree to remove or destroy the said buildings situate at civic numbers 76 and 78 Spar Cove Road, in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof ® recovered from the said Estate of Florence Goree. Notice had been given to Mr. Raymond Henry, Mrs. Hazel Henry and Mr. John R. Foote to appear at this meeting to show cause, if any, why the building located at 100 Emnouth Street should not be removed or destroyed as a dangerous or dilapidated building. Mr. Ellis advised that Mr. J. R. Foote was the holder of the mortgage on this property, ad that he received information today that the insurance has been paid on this building and that 310 /Od �XMou��ld �aymon2�� /97s /i/ar/ %x revere u e e�_/ /' male ��scin�C�d 6y C', C, 0, J517. 28, /975 (� 37g�/iisBvo/f� /97s Xwer . ex�r�d re /975 �ewe�ge Co/%ge- ,7,isPosa/ exper�di�ur� A/ /A,? - Ste/p// Ph 66PI ASZ, 'i /Dri 00, .440e. C`/ar /es l�ez�ii�i obi re �6u / %diiy the mortgage has been paid off, and that therefore the said notice now only applies to Mr. and Mrs. Henry. Mr. Ellis referred to his report which states that this property, having been badly damaged by fire and having deteriorated over a period of years, is now in a dilapidated, deteriorated, unsightly • and dangerous condition, and is also an extreme fire hazard to adjoining properties, and advised that he therefore recommends that this structure be demolished and cleared of all debris. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that notice having been given to Raymond Henry and Hazel Henry, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint 'John, of the building located at civic number 100 Exmouth Street, in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector of Buildings, and no -one having appeared on behalf of the said Raymond Henry and Hazel Henry; the Common Council hereby deems and declares the said building located at civic number 100 Exmouth Street, in the said city, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Raymond Henry and Hazel Henry are hereby required to remove or destroy the said building situate at 100 Exmouth Street, in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: AND BE IT FURTHER RESOLVED that upon failure of the said Raymond Henry and Hazel Henry to remove or destroy the said building situate at civic number 100 Exmouth Street, in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Raymond Henry and Hazel Henry. On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that the amount of $22,630,322.00 be adopted as the estimate required for the operation of the City of Saint John for the year 1975 as follows: General Government Services $ 3,086,789 Protective Services 7,353,868 Transportation Services 5,716,820 Environmental Health Services 750,100 Environmental Development Services 1,232,045 Recreation and Cultural Services 1,866,200 Fiscal Services 2,624,500 $ 22,630,322 - a more detailed breakdown of the above estimate is attached and forms a part of these minutes. On motion of Councillor Green Seconded by Councillor A. Vincent RESOLVED that the amount of $2,098,300.00 be adopted as the estimate for non tax revenue for the year 1975, a more detailed breakdown of this estimate is attached and forms a part of these minutes. In considering the letter from the City Manager, dated December 9th, 1974, written regarding the 1975 annual operating budget, attention was drawn to the fact that total non -tax revenue shows a decline from 1974 due principally to two sources which are not recurring, namely, tax agreements and Local Initiative Programme grants (the first source relates to industrial property subject to a tax concession agreement; under 1974 legislation, in the year 1975 for the first time the full assessment of such properties is included in the City's tax base; the second source, the said L.I.P. grants, is expected to be nil for 1975 as no Local Initiative projects are expected to materialize under the City's sponsorship). On motion of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that the estimate of expenditure for Water Supply for the year 1975 in the amount of $3,515,167.00 be adopted - a more detailed breakdown of the said estimate is attached and forms a part of these minutes. On motion of Councillor Cave Seconded by Councillor Green RESOLVED that the estimate of expenditure for Sewerage Collection and Disposal for the year 1975 in the amount of $1,767,931.00 be adopted - a more detailed breakdown of the said estimate is attached and forms a part of these minutes. On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the City ager, approval be granted for payment of the invoice from Stephen Construction Company, Limited, ed December 2nd, 1974, in the amount of $19,661.11, for supplying asphalt to the Works Department ing the period November 16th to 30th, 1974. Mr. Charles Mitchell of Mabee Road, at this time presented a petition on behalf of a large number of residents of Golden Grove Road requesting that the City rebuild the section of Golden Grove Road for which the City is responsible. The petition notes that when the matter of the poor condition of this road was brought before the previous Common Council the residents were promised that one mile of this road would be rebuilt each year, but this promise has not been fulfilled and this situation is not acceptable to the people of this area. Mr. Mitchell added that approximately three - tenths of the road was done out of the length that was supposed to be done and these residents would like to have something done about the situation. Mr. Barfoot advised that some monies were spent on this road in the last three years: a total of $229,000.00 was spent including over $90,000.00 in 1974 plus the cost of grading, ditching, major maintenance, and culvert work; there is a section out near Bradley Lake scheduled for chip sealing before the end of 1974 but the work had to be closed down because of the lateness of the season and this will be done next year; further work to improve the roads would be considered at the time of considering the capital budget. (Note : - by Council resolution of September 10th, 1973, approval • 0 E 9 31.1_ was granted to do ditching, grading and paving work at an estimated cost of $33,400.00 on Golden Grove Road from Westmorland Road to Baxter Road (the remaining unreconstructed section within the Central Tax Zone) under • the Capital Budget for completion in 1974). Mr. Barfoot estimated that the cost would be $100,000.00 per mile to improve the Golden Grove Road in view of its present condition. He added that the City has done more than a mile of work on this road now. Councillor Cave recalled that the Council promised the people of the Golden Grove Road that the City would do a mile of work on the road. He agreed that the City did work on that road, but he felt it was not sufficient to overcome the situation. Mr. George F. O'Connell, Q. C. was present -in regard to the proposed re- zoning of the property of his client, Mr. Walter A. Beckett, comprising approximately 400 acres of land on both sides of the Martinon By -pass at the Acamac Backland Road. Noting that two members of Council were not present at this meeting, and that the n r provisions of the Community Planning Act require a majority vote of Council to over -ride the objections of the (�G�OI"q� Planning Advisory Committee, Mr. O'Connell stated that he would again request that the Council set the matter 0201,7i/ ell over until such time as a full Council is present. 1 11 On motion of Councillor Gould 7h Seconded by Councillor Green /,L x 0 ii hQ9 RESOLVED that the continuation of the public hearing regarding the !/(/ca /G proposed amendment to the Zoning By -Law for the proposed housing development by Mr. Walter A. Beckett be again laid on the table, until there is a full Council present. Councillor M. Vincent voted "nay" to the above motion. On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the City Manager, approval be given for payment of the invoice from the Saint John Iron Works Limited, in the amount of $6,525.16, CO %� for work done on four agitator gear boxes at the Lancaster pollution control plant between March 4th and April P�ha�r 11th, 1974. Councillor Gould voted "nay" to the above resolution, in objection of the above bill having taken so long in being-presented to Council for payment. On motion of Councillor Gould Qyj Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, quotations for materials for the Water Department be accepted as recommended on the submitted bid summary. O� i(oCij.{OMoI�i, -ShI46 �o by /ir $'eF'vlae � redo CO/7. �Xf.S l�avir,9 01110�d"Wt eiC is Co /% sewer 91119�re %s .F%ssoe, Zew Mr. Barfoot advised that, further to his written report of December 6th, 1974 regarding the accumulation of oil at the rear of the Loch Lomond Shopping Mall, the Fire Chief has subsequently completed the investigation of the holding tank at the service station at the north end of the Mall and he found there never was a holding tank installed so as to contain crank case oil and that the oil was, in fact, being dumped down into the soil and rock under Woolco and it was consequently escaping. He stated that the Fire Chief has issued a directive that no more oil is to be dumped into the "holding tank" inlet and that no more washing is to be carried out at this "tank" and dye will be inserted to find out the flow direction, and other measures are to be proceeded with for correction of the situation. In reply to Councillor M. Vincent's question as to how this situation was allowed to happen, and how a development of that size was allowed to construct the building without some- body checking out the fact that there was a holding tank there or not, Mr. Barfoot stated that the holding tank was done presumably during the construction of the building by the contractor; the City will have to check out with the owner of the building the matter of responsibility - he would presume it is the responsibility of the owner of the building to resolve the oil problem there. He stated that a further report will be forthcoming in the matter. He added that with respect to the oil that is on the ground outside of this parking lot, it is the intention of the Works Department to go in with small equipment and improve the ditch and the drainage character- istics so that that the oil is not lying around in the present unsightly condition. and filed. On motion of Councillor Green Seconded by Councillor Gould RESOLVED that the above named report from the City Manager be received On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that the report for October of the Street Department be received and filed. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates and approved invoices for engineering services in connection with projects that have been undertaken under the Department of Regional Economic Expansion programme:- Courtenay Bay Causeway Approaches Goodyear Paving Limited Construction of western approaches Total value of contract $ 1,285,044.50 Total work done, Estimate Number 5 650,890. -07 Retention 97,633.51 Payments previously approved 479,850.02 Sum recommended for payment, Progress Estimate Number 5, December 5, 1974 $ 73,406.54 Milford- Randolph - Greendale Collector Sewer Giffels Associates Ltd. for engineering services Payments previously approved $ 116,383.87 Sum recommended for payment, Invoice Number 22916, Progress Estimate Number 37, November 28, 1974 $ 873.14 312 On motion of Councillor MacGowan Tr/%fer Vece, Seconded by Councillor Davis RESOLVED that the only bid received, namely, that of John Killam, 3• Lorneville Western Industrial Water Supply _Trrdusflr/a�er SGC T%i%��J Erection of road signs Department of Highways, Fredericton faction of the Building Inspector and in compliance with any by -laws or building codes relating to the • A76 we removal of buildings within sixty days from the date of award by Common Council, be accepted. Recoverable from La Societe Lavoie Inc. prD� y On motion of Councillor M. Vincent ;y Seconded by Councillor Cave -Awl/ /7 ,4406Py Payments previously approved $ 5,630.49 dCC¢2d comprehensive liability and automobile fleet for 1975 calendar year and that the Board's recommendation Sum recommended for payment, Invoice Number 03488, SAe e is that the quotation of Commercial Union Assurance Group be accepted on the basis of $1,000.00 deductible C a veraye /f% September 5, 1974 $ 244.28 CId%i%11EiC /qy� the Commissioner of Finance concur in the said recommendation, be received and filed and the said recom- On motion of Councillor M. Vincent mendation from the Insurance Advisory Board adopted. (T HOGIP On motion. of Councillor Cave Seconded by Councillor Cave Seconded by Councillor Hodges C 6- � d RESOLVED that in accordance with the recommendation of the City 1pe,4 11 6 y10h -* / 30- �16-� s Est Manager, the low tenderer, namely, Chittick's (1962) Ltd., be awarded the tenders for the demolition of , 1nC^0, g 9F 30, 32, 34, 36 and 36 1/2 St. Andrews Street for the sum of $3,500.00 and for the demolition of 115 and Licenses Within The City of Saint John ". /�✓�� /j9Qcceeh 119 Queen Clerk be Street for the sums of $1,800.00. and $1,800.00, respectively, and that the Mayor and Common Seconded by Councillor M. Vincent authorized to execute the contract in this regard. yJ RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Public Motor Bus Licenses Within The City of Saint John" be read a second time. • The Mayor advised that another matter to be considered is that of tenders for the sale of the City -owned former Hamilton property building on the Loch Lomond Road, which closed this date. On motion of Councillor Gould On motion of Councillor A. Vincent /jL.j ZL0 RESOLVED that the letter from the City Solicitor advising that the Seconded by Councillor Green position of City Solicitor in the City of Saint John has always been independent of the administration, , At7np j y/t/r/�Yll as well as the various Common commissions, committees and boards and that consequently, with respect to RESOLVED that the above noted item be placed on the agenda of this / �� the appointment of himself to the Planning Advisory Committee by Council on December 2nd last, as a meeting. F/�h /� voting member of that Committee, he believes his role as a Solicitor and independent legal advisor could , On motion of Councillor MacGowan Tr/%fer Vece, Seconded by Councillor Davis RESOLVED that the only bid received, namely, that of John Killam, am 334 Beaconsfield Crescent, Saint John West, to purchase the City -owned building on the former Hamilton property, Loch Lomond Road for the sum of $200.00 and to remove same and clean the site to the satis- dy faction of the Building Inspector and in compliance with any by -laws or building codes relating to the • d removal of buildings within sixty days from the date of award by Common Council, be accepted. prD� y On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that the letter from the City Manager and the Commissioner qcc pza�/ D Y! of Finance advising that the Insurance Advisory Board have obtained quotations for insurance for fire, dCC¢2d comprehensive liability and automobile fleet for 1975 calendar year and that the Board's recommendation SAe e is that the quotation of Commercial Union Assurance Group be accepted on the basis of $1,000.00 deductible C a veraye /f% for fire and liability insurance, requiring total premiums of $123,243.00, and that the City Manager and CId%i%11EiC /qy� the Commissioner of Finance concur in the said recommendation, be received and filed and the said recom- mendation from the Insurance Advisory Board adopted. (T HOGIP On motion. of Councillor Cave , Seconded by Councillor Hodges C 6- � d RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law 1pe,4 11 6 y10h -* Respecting Public Motor Bus Licenses Within The City of Saint John" be read a first time. 1f3/,c 5 "lihe 1nC^0, g 9F Read a first time the by -law entitled, "A By -Law to Amend a By -Law Respecting Public Motor Bus Licenses Within The City of Saint John ". On motion of Councillor Cave Seconded by Councillor M. Vincent yJ RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Public Motor Bus Licenses Within The City of Saint John" be read a second time. • Read a second time the by -law entitled, "A By -Law to Amend a By -Law Respecting Public Motor Bus ". Licenses Within The City of Saint John On motion of Councillor Gould Seconded by Councillor Hodges /jL.j ZL0 RESOLVED that the letter from the City Solicitor advising that the /�y J position of City Solicitor in the City of Saint John has always been independent of the administration, At7np j y/t/r/�Yll as well as the various Common commissions, committees and boards and that consequently, with respect to / �� the appointment of himself to the Planning Advisory Committee by Council on December 2nd last, as a F/�h /� voting member of that Committee, he believes his role as a Solicitor and independent legal advisor could , ,qn v/ 5 , 'p4h, d sometimes be placed in a compromising position, and if his role is never placed in a compromising position, the legal advice he gives to the Committee and to the Common Council must not only be independent, it must appear to be independent, and noting that the appearance of independence will soon be lost, if he is We's /gh required to give advice to Council on a matter which he has previously, at the Committee level, discussed and voted on as a member (most of these matters relate to community planning, and are before Council as recommendations from the Advisory Committee); and stating that, thus, in the best interests of the City, he thanks Council for the confidence it has shown in making the appointment, but for the aforegoing reasons, he must resign as a member of the Planning Advisory Committee, and ask that Council accept his ' resignation; and further stating that if it is the wish of the Council that the City Solicitor become involved in the work of the said Committee, he believes his role should be along the lines of legal guidance to the Committee before reaching the Council level -- be received and filed and the resignation accepted: AND FURTHER that the Mayor and Chairman of the Planning Advisory Committee meet with the City /a✓�h vj S, Solicitor to ascertain how the above noted suggestions of the City Solicitor can be best accomplished. LyUbim. C lnr/, n Councillor Davis felt it would be advisable to have the City Solicitor attend Planning Advisory Committee meetings because there are certain advantages in so doing. He felt that if the Solicitor • occupied a similar position at the Committee level that he occupies at Council, to advise and react to certain suggestions, then there would be a direct link between the Council and the Advisory Committee, from both aspects. Question being taken, the motion was carried with Councillor M.Vincent voting "nay" 31 3 17/w,o,7S AND FURTHER that the Arenas Committee be authorized to finalize the details of this proposal, and present a final contract recommendation to Council. 2. That, in respect to the request of Trizec Corporation Ltd., concerning the construction and develop- ment of Brunswick Square and in particular as to the number of off - street parking spaces required under The Zoning By -Law of The City of Saint John, the Common Council will conditionally accept the proposed number of yC r,�v,.�id 750 standard size physical parking spaces; provided that as when the final working plans of Phase I of the ,r hSAV1 C project are completed, to be no later than June 1, 1975, and the number of off - street parking spaces is deter - Ayuaare mined under the City of Saint John Zoning By -Law; the City shall permit Trizec Corporation Ltd., to comply with ZO / h9 the Zoning By -Law by entering into an agreement with the City to pay for each such additional off - street parking AL�y��(/ space an amount of $1,500.00 under the by -law entitled "A By -Law Under The Authority of Section 19 of The ee2- w7 Saint John Parking Commission In Respect Of Relief To Owners From The Provision Or Maintenance Of Off- Street / M �y6y��Brj Parking Facilities "; and that such payment may be deferred for a term of three years from the date of agreement, e 07 i at which time the additional off - street parking spaces, if any, will be determined by the City and the by -law r r 0 r amended if required. ih9 a ce Respectfully submitted, 2nd December, 1974, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Councillor A. Vincent advised that although he was led to believe that advertising was made in the Daily Commercial News regarding these community arenas construction tenders, he has learned that such advertising was not made. He asked why the City's consultants did not so advertise. Mr. Barfoot replied that the co- nsultants did not ask the City for instruction in this matter and they went ahead and advertised according to their usual practice, namely, in the four New Brunswick daily newspaper, and they followed their normal practice for Provincial contract advertising. Councillor A. Vincent recalled that when he was present at a meeting regarding community arenas at City Hall with these consultants he wanted an upset price on a two -type wall and he specifically asked that it be advertised in the Daily Commercial News, which is a contractor's publication. He felt that if you are looking for a contractor to do work, there is not much point in advertising in Saint John and Moncton where every contractor is really loaded up with work. He felt that the consultants did not do a good job on the advertising in this matter. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that section 2 of the above report be adopted, and that the report be received and filed. Councillor Cave asked that information be obtained from Trizec Corporation Ltd. as to whether the above noted parking spaces will be provided in Phase I of the project. ® ✓ �///p��� On motion of Councillor M. Vincent Seconded by Councillor Hodges - Sn.jr RESOLVED that in accordance with the recommendation of the Land Committee, l- -G'�1?rjJ authority be granted for the sale of Lot 3, Block 13 on St. John Street, Saint John West, consisting of 5,000 // square feet, more or less, to the Saint John Loan Company for the appraised value of $3,700.00. 6QQ.47 On motion of Councillor Green �v�heGt/o�/ • Seconded by Councillor Cave RESOLVED that as per the request of the Redevelopment Officer, and as recommended by the City Manager, approval be given for payment of the following accounts totalling $3,722.10 for professional services rendered in connection with the acquisition of properties required for the North End Urban Renewal Scheme, the approval of the Partnership for payment of these accounts having been acknowledged, and that the said accounts be charged against the project and shared in the usual way: - de Appraisal Fees: 46,r cv- Roy de Stecher & Associates Ltd. .=;F4 Assa° d td. F- 6 -18 -1 Smythe Street National Harbours Board $ 390.20 ' F- 6 -18 -2 Smythe Street New Brunswick Electric Power Commission 251.00 F- 6 -19 -1 1 -5 Dock Street New Brunswick Electric Power Commission 1,528.70 F- 6 -18 -4 Smythe Street Canadian Pacific Railway 292.40 F- 6 -19 -10 61 Dock Street Frank Fales & Sons Ltd. 207.30 Appraisals Ltd. 7 North Market Wharf Leonard & MacDonald $ 402.50 Court Costs: Roy de Stecher & Associates Ltd. F- 10 -4 -20 - 61 High Street - 45 Acadia Street - T. & C. Shannon Preparation for Hearing on above Property and attendance at Land Compensation Board Hearing 650.00 3,722.10 Read report of the Committee of the Whole (as follows) • CO%JlI19 /�ee To the COMMON COUNCIL of the City of Saint John W17 A The Committee of the Whole reports Your Committee begs leave to report that it sat on December 2nd, 1974 when there were present Mayor 9pvlo�w 3 Flewwelling and Councillors Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye and M. Vincent, /pro,,?� a ` and your Committee begs to submit the following report and recommendations, namely: - a7eeeled f?p�g a 1. That in accordance with the recommendation of the Arenas Committee report dated November 28th, 1974, C°oh$thUCt�% the Common Council accept the Rocca Construction Ltd. proposal identified as "D" in the said report as a basis of a contract agreement for the construction of three City community arenas: 17/w,o,7S AND FURTHER that the Arenas Committee be authorized to finalize the details of this proposal, and present a final contract recommendation to Council. 2. That, in respect to the request of Trizec Corporation Ltd., concerning the construction and develop- ment of Brunswick Square and in particular as to the number of off - street parking spaces required under The Zoning By -Law of The City of Saint John, the Common Council will conditionally accept the proposed number of yC r,�v,.�id 750 standard size physical parking spaces; provided that as when the final working plans of Phase I of the ,r hSAV1 C project are completed, to be no later than June 1, 1975, and the number of off - street parking spaces is deter - Ayuaare mined under the City of Saint John Zoning By -Law; the City shall permit Trizec Corporation Ltd., to comply with ZO / h9 the Zoning By -Law by entering into an agreement with the City to pay for each such additional off - street parking AL�y��(/ space an amount of $1,500.00 under the by -law entitled "A By -Law Under The Authority of Section 19 of The ee2- w7 Saint John Parking Commission In Respect Of Relief To Owners From The Provision Or Maintenance Of Off- Street / M �y6y��Brj Parking Facilities "; and that such payment may be deferred for a term of three years from the date of agreement, e 07 i at which time the additional off - street parking spaces, if any, will be determined by the City and the by -law r r 0 r amended if required. ih9 a ce Respectfully submitted, 2nd December, 1974, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Councillor A. Vincent advised that although he was led to believe that advertising was made in the Daily Commercial News regarding these community arenas construction tenders, he has learned that such advertising was not made. He asked why the City's consultants did not so advertise. Mr. Barfoot replied that the co- nsultants did not ask the City for instruction in this matter and they went ahead and advertised according to their usual practice, namely, in the four New Brunswick daily newspaper, and they followed their normal practice for Provincial contract advertising. Councillor A. Vincent recalled that when he was present at a meeting regarding community arenas at City Hall with these consultants he wanted an upset price on a two -type wall and he specifically asked that it be advertised in the Daily Commercial News, which is a contractor's publication. He felt that if you are looking for a contractor to do work, there is not much point in advertising in Saint John and Moncton where every contractor is really loaded up with work. He felt that the consultants did not do a good job on the advertising in this matter. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that section 2 of the above report be adopted, and that the report be received and filed. Councillor Cave asked that information be obtained from Trizec Corporation Ltd. as to whether the above noted parking spaces will be provided in Phase I of the project. ® ✓ �///p��� On motion of Councillor M. Vincent Seconded by Councillor Hodges - Sn.jr RESOLVED that in accordance with the recommendation of the Land Committee, l- -G'�1?rjJ authority be granted for the sale of Lot 3, Block 13 on St. John Street, Saint John West, consisting of 5,000 // square feet, more or less, to the Saint John Loan Company for the appraised value of $3,700.00. 314 �and C'or/rn, ea�ro��im� G'reerr h/�d� �u my s-fa., 11111 -Ard, e -1-'C. GPO// s�yrer Sira/yh&h carve, G'reeh //end mod. �r'arry .� /aa/r �X�ropria�i n. C/iar�� /a 1l?'A/ /is der 0." / exr'et? � /aaJ7. Adv /:s, COJ'yJh7 .Toa� -i G- odfre� /h /e �a6 /ib pur- pose .Zva.7 .7.'' /S iciicvz f%sseh-1 v/-D an7eaded suf <div, �o/ah .T6,C/r S-Z, /and Ca /do .�-td. N///s ehs�i* i/,0,07 zev) �'�r•%r�d�i�i�, lZ41 vi ;y y) �Iy Fhe's D7C Co/u"i6ws On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that the letter from the Land Committee, advising that a survey of the Leo Garey property at 526 Mill Street, Saint John West, reveals that a portion of this house is encroaching on Mill Street with widest point of encroachment being 1.6 feet and the narrowest point being 0.2 feet, as shown on the submitted plan, and that a portion of the house was constructed on City property (the former Nelson property) measuring approximately 5 feet by 3.7 feet, and recommending, therefore, that an easement be granted to Mr. Leo Carey, covering the said noted areas, for the sum of $1.00 with the easement being valid only for the life of the present building, be received and filed and the recommendation adopted. On motion of Councillor MacGowan Seconded by Councillor Davis RESOLVED that in accordance with the recommendation of the Land Committee, authority be granted for purchase by the City of an area of land consisting of 30,000 square feet, more or less, on the Green Read Road opposite the junction of Russell Hill Road and Dwyer Road, from the Saint John Loan Company for the sum of $7,500.00, a portion of this land being required for the location of a pumping station for the Milford- Randolph - Greendale sewer project. Councillor MacGowan expressed the hope that with the acquisition of the above property we will cut back this corner to provide a better approach to the bridge in that area. Councillor Davis replied that the inside half of the lot is being acquired for the said pumping station; it is necessary that the City acquire the other corner because it was a unit. He felt that there is ample space there for straight- ening out the curve and, also, to dispose of the other property. On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that as recommended by the Land Committee, the matter of land acquisition from Mr. Gary Black which is required to facilitiate the extension of McAllister Drive and is located on Champlain Drive, be referred to the City Solicitor, Mr. Frank Rodgers, to take the necessary steps in order to proceed with expropriation of the said land, and that the Land Committee be kept fully informed of the procedure being followed for the expropriation and that copies of all cor- respondence be sent to the Committee as they transpire, and that the letter from the Committee in this matter, advising that due to the urgency in finalizing land acquisitions for the extension of McAllister Drive, the Committee feels that further negotiations will be unwarranted with Mr. Black, be received and filed. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the Planning Advisory Committee, the temporary permission renewal requested by Mrs. Joan Godfrey regarding the location of her mobile home on the northern side of the Old Black River Road, about 500 feet past the Grandview Industrial Park, next to her stepson's dwelling, be granted for a period of one year. On motion of Councillor Cave Seconded by Councillor Green RESOLVED that as recommended by the Planning Advisory Committee, the sum of $272.00 be accepted in lieu of land for public purposes with respect to the Ivan J. Richard Sub - division at 238 Guilford Street, Saint john West (this property is to be sub - divided into two 50 by 100 -foot lots fronting on Guilford Street - one lot would contain the existing dwelling and the other lot would be available for the erection of either a one- or a two - family dwelling) - the foregoing amount being based on City laws and policies which require land for public purposes or monies in lieu thereof at eight per cent of market value before the sub - division as a condition prior to the approval of a sub- division plan. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee, advising that on May 21st, 1974 the Common Council re -zoned an area of land at the end of Jack Street, off Sandy Point Road, from "R -2" One- and Two - Family, to "RM -1" up to Three- Storey Multiple Family classification, for Mills Construction Ltd., and that this property has now been taken over by Caldo Ltd., who will be building the two proposed apartments, each 24 units; that at the time of re- zoning the Committee pointed out by letter dated May 3rd, 1974 that in addition to the two lots being re -zoned for multiple family there was an area proposed for re- zoning for "P" Park classification which was to be vested in the City as an addition to Rockwood Park, and the Committee also pointed out that the company proposed to extend Jack Street by the means of a turn- about, as shown as Part "A" on the submitted print; and recommending that the Common Council assent to the amended sub - division plan in respect of Jack Street and the land for public purposes which are to be vested in the City, be received and filed and the recommendation adopted. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that permission be granted to Saint John Council umber 937 of the Knights of Columbus to erect their Nativity Scene in King Square during the Christmas eason as has been done for several years past. On motion of Councillor Cave • EL-1 li • Seconded by Councillor Hodges RESOLVED that the letter from Mr. C. J. Wilcox advising that he ��/ received a letter on December 2nd, 1974 from Mr. Murray Zides stating that a report regarding the proposed Ca�Iq/ %/C O X re- zoning of Lot 387035 on Dufferin Row would be submitted to Common Council for its meeting during the week of December 9th, and further advising that most of the members of the committee of residents of the • J1E Z pl7iliG1 area (who are opposed to the said proposed re- zoning) are engaged in work which takes them away from nn JJ home, and that he would therefore request that this matter be brought before Council during an evening Corr L 0�7SiruC- session the week of December 16th, 1974, rather than that of December 9th, thus enabling the said committee �i ph If� o prepare letters and arrange for representation at the Council meeting, be received and filed and the atter be heard by Council at 7.00 p.m. on December 16th next. 315 Councillor Parfitt voted "nay" to the above motion, noting that Mr. Wilcox and his committee had a hearing in open session of Council on October 28th in the matter, and the matter has also come before the • Planning Advisory Committee. She objected to the fact that the letter from the Planning Advisory Committee to Council dated December 2nd, 1974 was held back from the agenda of this meeting of Council and Mr. Wilcox's letter has come in on the agenda with the above noted request. On motion of Councillor Kipping Seconded by Councillor MacGowan RESOLVED that the following resolution be adopted, namely:- � "WHEREAS there is a growing need for professional training and career development to enable municipal Co K/7 C/ / OT / administrators to prepare themselves for the increasingly complex. requirements of their occupation; /Y/ar / /rne /�remi e rs AND WHEREAS such need has been recognized by the Council of Maritime Premiers; U ��Y / !J9? , s AND WHEREAS the University of New Brunswick, Saint John Campus appears to be a proper location in /��s which such courses could be developed: /P/°01/ ( TD Vt RESOLVED that the Province of New Brunswick be urged to cause to be implemented and developed ap- propriate programmes of University training in Municipal Affairs and Urban Studies at the University of New /%%yCIJ /C /boa/ Brunswick at Saint John ": �- Ur6an Sind AND FURTHER that the letter from Saint John College Development Incorporated submitting the above COQ e resolution for either adoption or endorsation of Common Council and commenting on the need for University /� training in the field of municipal and urban affairs, be received and filed. Jel�O mow, On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that the letter from Mrs. Rita M. Hart of 21 Northumberland Avenue, with regard to the application from Eastbrook Ltd. for re- zoning of a proposed sub - division called •tea z�6/°oolt Highmount Court, located off Northumbeblanda_. Avenue in Saint John East, which application has been referred to the Planning Advisory Committee for a re port and recommendation to Council, recalling that on two previous occasions the residents of the area asserted their rights to retain the said sub - division area as two - family, for which it was originally zoned, and indicating that she wishes to retain this parcel of land for two - family dwellings, be received and filed. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that the letter from Mr. Leo W. Stevens and Mrs. Muriel E. Stevens �'?e -zohih of 24 Northumberland Avenue, Saint John East, expressing their objection to the proposal of Eastbrook Ltd. that a parcel of land off Northumberland Avenue be re -zoned to permit the erection of one two - family dwelling, two four- family dwellings, and four six - family dwellings in a sub- division to be called Highmount Court, be received and filed. e5'�eveyis On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that the letter from the City Manager with respect to tenders for demolition of 15 Dock Street, 17 -18 Nelson Street and 18 -20 Smythe Street, be placed on the agenda of this meeting. T�^ J On motion of Councillor Cave /G'%16L�H Seconded by Councillor Gould RESOLVED that in accordance with the recommendation contained in the Z>&* //_�/O letter from the City Manager, Grove Construction Ltd. be awarded the tender for the demolition of 15 Dock IS�O( Street, 17 -18 Nelson Street, and 18 -20 Smythe Street, in the amount of $8,870.00, this being the low tender 0 /,7-/93/,!?X which complies with the conditions of tender, and that the Mayor and Common Clerk be authorized to execute the �S1oS/n e contract. �'THOYe 0J9 On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that within six weeks the Common Council confirm to the J, d, /fP.1/ /Oj�y Saint John Regional Library Board its intentions to build a library. J Councillor Davis advised that on the plan the Library space is around 70,000 square feet but there is provision for another storey of about 30,000 square feet, which he feels is probably the best way to do it. He eoa,P /ex felt that the best course of action on the part of Council is to re- affirm its intentions to build a library and try to organize some sort of a fund- raising group. /�0�� /fie Councillor Cave felt that the Council should not commit itself until it receives a report from the (• v special Council committee that was set up regarding the Market Square -Dock Street development, and for that re /%/d{6°� reason, he indicated he would vote against the motion. He proposed a motion, that was not seconded, that the matter be tabled until the Council hears from the said special Council committee. pe6�'/Oh / 6'O1ieeh 6!A 6uoC�'ez` F /oodih� Sewer C',Xy 0, r. Councillor Gould questioned the fact that a motion could not be made in the above matter earlier in the meeting when the Library Board made its presentation. It was pointed out to him that Council procedure precludes motions being made in the presence of delegations. Question being taken, the motion was carried with Councillors Cave and Gould voting "nay" On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that the petition from residents of the Golden Grove Road requesting that the City rebuild the section of this road for which the City is responsible, be submitted to the committee on capital budget for its consideration for 1975, and that Mr. Charles Mitchell, spokesman for the petitioners, be so advised. Councillor Green noted that areas of West Saint John are experiencing flooding conditions, which never occurred before, and he stated he is wondering if in the construction of Rodney Pier the major sewer has been 316 cac ,o. /e. l/hccn, F /QOd:.�9 Trehc�i, S�orrr, T. F C A T. 9r6��ratioa ..�d S, ✓ C; iy //a /l �m� yees /�riio� No. <f86 CThievabc� .To6�v�fuatio) 7leix ew .mace/ ro,470& ,07ce.S ,00 &c2�40y7 c; iy cOI7S ��6 /c°.S Aure %✓ icr yeo is blocked off or left open, or damaged. He asked that the City Manager investigate this question and submit a report in the matter to the Common Council. Councillor M. Vincent called attention to the fact that a near - tragedy at noon -time today was averted through the efficiency and cction of citizens and personnel of the Works, Fire and Police De- partments. He explained that a young boy was involved in a perilous situation which almost cost him his life, when he became trapped accidentally in deep muddy water in a storm trench in the eastern section of the city. He felt that the parents of children should be cautioned to make themselves aware of where their children are, knowing that there are various areas in the city where there are water holes, resulting from the recent 'heavy rainfall, which could constitute a danger. Noting that the Council and City staff cannot resolve every problem that comes up, he felt that there is parental responsibility to give consider- ation to this situation, and he expressed the hope that the news media will appeal to the parents to give this required co- operation. On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that this meeting continue, in legal session. Councillors M. Vincent and Parfitt withdrew from the meeting. On motion of Councillor Kipping Seconded by Councillor Green RESOLVED that the letter from the City Solicitor with reference to the letter from Saint John City Hall Employees' Union, Local 486, C.U.P.E. dated December 2nd, 1974 (which letter notes that in July 1974 the Arbitration Board met to hear the case of Wayne B. Ough's displeasure with the job of the Job Evaluation Board and that to date, he has not received any decision from the Board and the Union therefore requests that the Common Council appoint a second Arbitration Board to hear Mr. Ough's case, and advises that the Union's appointee to such Board will be Mr. George Evans), advising that the first Arbitration Board have assumed jurisdiction in this matter, and because both parties at the time waived various time periods, the first Board is still in existence, and further • advising that he has contacted the Chairman of the Board who advised him that the decision will be delivered to the respective parties within a few days -- be received and filed and the said Union be informed of the action that is being taken in this matter. On motion The meeting adjourned. Co on Clerk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the sixteenth day of December, A. D. 1974, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor • Councillors Cave, Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent -and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers,'City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Officer, A. Ellis, Building Inspector, D. Buck, Redevelopment Officer, E. W. Ferguson, Chief of Police, D. Carter, Economic ' Co- Ordinator, D. French, Director of Personnel and Training, and C. E. Nicolle, Director of the Recreation and Parks Department The Reverend Lloyd Lake, rector of All Saints' (Anglican) Church, offered a prayer which opened meeting. Councillor Cave made reference to the recent brutal slaying of Constable Michael A. O'Leary and Aurele J. Bourgeois, members of the City of Moncton Police Department, on the week -end of 13th last. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that letters of sympathy and condolence be sent on behalf f the Common Council and citizens of the City of Saint John to the families of Constable Michael A. 'Leary and Corporal Aurele J. Bourgeois. d he expressed the deep sympathy he 'eels personally, and of the citizens, towards the mother of Constable O'Leary and members of the family _n Saint John. On motion of Councillor MacGowan Seconded by Councillor Cave RESOLVED that minutes of the meeting of Common Council, held on In adopting the above motion, the Common Council observed a moment of silence in tribute to ;hese Moncton Police Department officers who lost their lives in the line of duty. Councillor Higgins toted Force that Constable O'Leary was and another brother serves originally from Saint John and one on the Saint John Police Force, an brother serves on the Moncton Police • d he expressed the deep sympathy he 'eels personally, and of the citizens, towards the mother of Constable O'Leary and members of the family _n Saint John. On motion of Councillor MacGowan Seconded by Councillor Cave RESOLVED that minutes of the meeting of Common Council, held on • December 2nd last, be confirmed. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on December 9th last, be confirmed. 317 Councillor M. Vincent advised that in voting "nay" to the motion of December 9th last which received COurj,/�U /%�1oh tand filed the letter from the City Solicitor and accepted his resignation from the Planning Advisory Committee for the reasons set forth in the said letter, and which asked that the Mayor and Chairman of the Planning Advisory Committee meet with the City Solicitor to ascertain how the suggestions made in the City Solicitor's letter can be best accomplished, he so voted, not because he was objecting to the appointment of the City f7� Solicitor to the said Committee, or his resignation therefrom, inasmuch as he was objecting to the remarks made C70h91--9. by Councillor Davis to the intent that the City Solicitor might act in some capacity as a solicitor both to the Council and to the Planning Advisory Committee. The Mayor advised that he made the following press release last night, after calling several Common /%�dUOr Council members and telling them of his intention to do so:- "The City of Saint John and the Saint John Police Force stand ready to assist in any way within our power the City of Moncton and the Moncton City Police Force leading to the apprehension of any person or persons involved in the recent deaths of the two Moncton city '(,/ C policemen." He asked for a motion, to the effect that the City of Saint John and the Saint John Police Force /0� %5 /��e are standing by in case there are other people to be apprehended. On motion of Councillor Higgins %201L4e Gon- sia6/e$ Seconded by Councillor A. Vincent RESOLVED that the City of Saint John and the Saint Jbhn Police ST?'a/ C2 Department stand ready to assist the City of Moncton and the Moncton City Police Force leading to the appre- hension of any further person or persons involved in the recent deaths of Constable Michael A. O'Leary and Corporal Aurele J. Bourgeois of the Moncton Police Force. • / On motion of Councillor M. Vincent 1,V&W&0'5 1 Seconded by Councillor Gould cJCC6fJre RESOLVED that as recommended by the City Manager, tenders be awarded for the supply of sand, gravel, loam and sod for the year 1975 in accordance with the recommendation contained in the summary of bids. During discussion regarding the fact that no bids were received for the supply of aggregates, or of loam, Mr. Barfoot advised that the City would attempt to obtain the aggregates at the best price possible from the local supplier, when required; in the matter of loam, we have to negotiate the obtaining of this material /9gyr�a�e from other suppliers, where we can get it, to get the quality we desire. Councillor A. Vincent asked for a comparison between the low bid for pit run gravel supplied to the city centre and the cost to the City to OO�m supply it. Mr. MacKinnon advised that the report Councillor A. Vincent asked for on the viability of the City owning and operating its own crushing equipment for gravel is almost ready for submission to the City Manager, for information to the Common Council. He stated that the report will then be coming to Council in this matter. In reply to the question as to whether the 1975 budget has provided for the increase in prices for these 1975 materials to be supplied, Mr. Barfoot stated that an allowance has been made in the budget for the increased costs of goods, but whether it is sufficient to cover this increase, time will tell. On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that as recommended by the City Manager, the lowest bids Teadep received, as recommended in the summary of bids, be accepted for the supply for the year 1975 of equipment a7GB�°/�e rental, and that the following condition which was included in the bid of D. Hatfield Ltd., be also accepted, namely:- "Due to the energy crisis and the apparent rise in gasoline costs the quoted hourly rate will remain re h�o7 / in effect only if the wholesale price of gasoline is below 75 cents per gallon. In the event gasoline prices exceed 75 cents per gallon we request re- negotiations of this contract for a proportionate rate - rise. ". /975 0/ -/ On motion of Councillor Cave Seconded by Councillor A. Vincent RESOLVED that the following resolution be adopted, namely:- "WHEREAS under the provisions of a by -law entitled 'A By -Law Under the Authority of Section 19 of The Saint John Parking Commission Act in Respect of Relief to Owners from the Provision or Maintenance of Off - 1 /�7�mes Street Parking Facilities', enacted by the Common Council on April 13th, 1971, the Common Council may authorize �o agreements with owners of buildings or structures to be erected, re- constructed or structurally altered to /h 11;5M 07' provide relief, to the extent set out in the agreement, from the provision of the City of Saint John Zoning By- 0r1 Law and exempting such owners to the extent specified in such agreement, from the necessity of providing or -S/ e maintaining such facilities: 11�,Qr rl by Spaces THEREFORE BE IT RESOLVED that the Common Council adopt as a matter of policy that the sum of $2,500.00 77 er space be provided by developers in lieu of on -site parking." 6?19.AN," SS/l /O AND FURTHER that the above matter be referred to the Saint John Parking Commission together with the necessary Solicitor olicitor for the preparation of the C't P y le gislation in this regard: AND FURTHER that the letter from the City Manager, dated November 20th, 1974, with reference to increasing the amount of the sum required per space to be provided by developers in lieu of provision of on site parking space, be taken from the table and filed. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the City en anager, approval be granted for payment of the following invoices for equipment rental, namely: - rk� 4 ?1 hittick's (1962) Ltd. - to the Water and Sewerage Dept. Nov. 1 -15, 1974 (dated Nov. 18, 1974) $ 3,145.00 Hatfield Ltd. - to the Works Dept. Nov. 1 -15, 1974 (dated Nov. 19, 1974) $ 8,825.23 - to the Water Dept. Nov. 1 -15, 1974 (dated Nov. 19, 1974) $ 7,396.24 318 In reply to Councillor A. Vincent's question as to how much use the City has for 1/4 yard �9a /Pmeat backhoes in the Water Department, Mr. Barfoot advised that the City has considerable use for these • machines and the Water Department has four or five of them, and, in addition, we also rent them; they are used mainly on service cuts and small excavations. Councillor A. Vincent stated that the point he was making is that the City could purchase one of these machines for what it costs in rental in a six -month G�G� ✓.tiip men t period. It was pointed out to him by Mr. Barfoot that the rental figure could possibly be for more than one machine, in the above noted invoices, judging by the number of hours and the rate. Councillor Hodges felt that in future these bills when submitted for Council approval should tell Council the type of machine and how many of them were rented and the number of hours they were rented. Councillor Davis expressed the view that the Council should again study the recent report from the Executive Director of Operations on the question of rental or ownership of equipment by the City. Councillor A. Vincent voted "nay" to the above motion. ' On motion of Councillor Pye Tea�ler a ccet Seu� e �ouin, S�ai /OyiS CV // SeA� "X .. (r'asPe Cor/s 6?1>q e/s /Y5 �,o!a C'ouiici/�o/^ (�:-? Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, the contract for construction of five sewage pumping stations and approximately 20,000 lineal feet of sewer pipework for the Milford- Randolph - Greendale Collector Sewer System be awarded to Gaspe Construction Ltd., who bid $1,463,230.25. Councillor Cave expressed his opposition to the motion because of his concern about the consultants Giffels Associates Ltd., who admitted they made a $200,000.00 mistake regarding an estimated cost. It was his feeling that these consultants should be discharged. Councillor A. Vincent asked for the address of the office in Saint John of Gaspe Construction Ltd., Mr. Barfoot replied that he does not believe that this firm, which is doing contract work in the Saint John area, originally came from Saint John. On motion of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that the above matter be laid on the table until the address of the office of Gaspe Construction Ltd. is determined. Question being taken, the tabling motion was lost by a majority negative vote of Councillors. Mr. Barfoot advised that he has been informed that the mailing address of Gaspe Construction Ltd. is 1726 Manawagonish Road, Saint John West. i Question being taken, the motion to accept the above tender was carried with Councillors Cave and A. Vincent voting "nay ". On motion of Councillor M. Vincent • Seconded by Councillor MacGowan ' / /"• RESOLVED that in accordance with the recommendation of the City f/jO //� e �o Manager, the minimum height required for applicants for the Saint John Police Department be lowered to /� %g L���i� five feet eight inches, and that the Saint John Police Department Rules and Regulations be amended f/ //. � accordingly. �o %i c�r,is ee ?�u 4es /?eegqcc /a soh s arherr rnehi ,l7at� Process Qq u /Pmerit Fiha�e --fie Bcc rro h.s / Fusin ess S,T7 Aor&s A GU%iiz/e/i�ew �a9iYldrrEi�a �. �hte/� %hr� eriZ fipuhS ��• C'ous�. �• � /�ctsric S.T�or%� -�dccs A41ci) /S l%hcohdi /�7 %oI�/ Gn�h t R/^ 0.��c 67 1, 101,4710 P4d .44G.S X/4 e "PaklliL�/i%zlar2ti .<IiW&ses m/,4- On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager and the Commissioner of Finance, and in regard to the upgrading of the data processing equipment that is under lease by the Finance Department from Burroughs Business Machines Ltd. which was approved by Council resolution of October 28th, 1974, authority be granted to pay a deposit of $10,000.00 with the order that is placed with the said company for the new programmes that are required for operation of the upgraded equipment (the said amount of $10,000.00 being fifty per cent of the programme cost), with the balance not to be payable until the programmes have been tested and operate to the City's satisfaction. On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that as per the recommendation of the City Manager, authority be granted for payment of the following invoices, namely, regarding expenses incurred as a result of holding Saint John Ports Day in each of the cities named:- to Whitehall Lunch Club, New York, in the amount of $3,407.06 regarding the October 31st, 1974 Ports Day; to Engineers Club, Montreal, in the amount of $2,470.00 regarding the October 10th, 1974 Ports Day -- one -third of the amount of each of these invoices to be cost - shared by the National Harbours Board. Councillor A. Vincent took exception to the fact that no head table was provided to recognize the Common Council representatives who were in attendance at the New York function referred to above. He felt that the Chairman of the Saint John Port and Industrial Development Commission should be advised that in future, at functions of this nature when the City is represented, a head table should be placed. On motion of Councillor Pye Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager advising that one of the factors that has caused the increase in the levy.on local taxpayers to rise substantially in 1975 is the decrease in the Unconditional Grant from the Province when expressed as a percentage of total revenue, and recommending that the Municipal Affairs Department be asked to change the present pro - visions of the Municipal Assistance Act in view of current economic conditions, so that the grant support is based on the expenditures proposed in the new budget -- be received and filed and the recommendation adopted. On motion of Councillor Hodges 0 Seconded by Councillor A. Vincent • RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law ecting Public Motor Bus Licenses Within The City of Saint John" be read a third time and enacted and Corporate Common Seal affixed thereto. Councillor Green entered the meeting during the ensuing discussion. Councillor MacGowan asked Mr. Zides to clarify recommendations numbers 5 and 6, and the comment that "the proposed curbing will raise the level or grade of the site relative to the street in front and so Irving Oil should be requested to drain the site without excessive flow onto the street ", which are contained in the above mentioned letter. Mr. Zides advised that the reason for moving the stop -line ahead is because when you get into heavy peak traffic flow periods the motorists turning right from Douglas Avenue to the bridge have no problem - the prople who want to cut across to the service station would have a problem, otherwise, if you left it open - an unrestricted path whereas it is now - they could be cutting through a line of traffic that wants to turn left from the bridge to Douglas Avenue -- this means there would be 35 more feet of cars with the stop -line advanced forward that distance; cars wanting to get to the service station street and Chesley Drive from Douglas ® Avenue would be permitted to make a left turn when there is no traffic, only. Mr. Zides accompanied this explanation by displaying a map of that particular area. In reply to Councillor MacGowan's question as to whether this is good planning, Mr. Zides stated that it is good traffic planning - it is good traffic operations. In reply to Councillor Gould's question as to whether any zoning changes are required to permit the service station to be rebuilt at this site, Mr. Zides advised that no zoning change is required. 31,9 The by -law entitled, "A By -Law to Amend a By -Law Respecting Public Motor Bus Licenses Within The City of Saint John" was read in its entirety prior to the adoption of the above resolution. • Discussion ensued regarding the lease agreement submitted by Canadian Pacific Railway requiring the City to pay a fee of $125.00 as annual rental (an increase from a $43.00 annual rental) regarding the under- ground sewer pipe crossings agreement dated October 16th, 1972 covering two 36 -inch diameter and one 30 -inch diameter underground sewer pipes located on the Canadian Pacific Railway right -of -way at Mileages 2.09 and 3.09, Shore Line Subdivision. Mr. Stuart Armstrong, engineer with the Works Department, explained that the matter actually involves seven manholes and two crossings on the Railway's facilities in connection with the Western Collector Sewer; this sewer line runs more or less along the edge of the throughway; this sewer system has been there for approximately two years. He explained that there was an existing agreement at the $43.00 annual fee and the company has revised its rates on this agreement and the $125.00 figure is on the revised costs. He added that the agreement regarding the $43.00 figure may have been a temporary arrangement while the sewer ' system was under construction. He confirmed that the easement for this sewer line is using no more land than was originally planned. .�2ase �Jg � eh� On motion of Councillor A. Vincent Sewer�i Seconded by Councillor Cave RESOLVED that the above matter be referred to the Legal Department for an N /U/�6?7 11h opinion and recommendation. ty �fl On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that the letter from the City Solicitor with reference to a resolution passed by Common Council on January 15t4,1973 to convey a parcel of land containing approximately r esv /u �fo 3.05 acres of land located off Thornbrough Street to the Saint John Centre for Service to Handicapped Incor- porated for $1.00, which contains a clause that if the company wishes to sell this land it would revert to the S' 'eri�he City for $1.00 -- advising that it is very difficult to incorporate such a clause in a deed with legal validity, and recommending that in view of this the said resolution of Council be amended to contain the following pro - "That 710r vision: the above named land be conveyed to the Saint John Centre for Service to Handicapped Incorporated for the sum of $1.00 and that the deed contain a clause therein that the land is conveyed so long as it is used only for the purpose for which the compan y was incorporated." -- be received and filed and the recommendation adopted. 117 c°• Consideration was given to the letter from the Planning Advisory Committee, dated December 13th, 1974, advising that Irving Oil Limited has applied for the reconstruction of its service station at the Reversing Falls bridge and that the Committee had previously voted to recommend strongly against the proposed rebuilding but the present proposal varies from the original in several respects dealing mainly with the two major con- corns: safety measures to prevent explosion and fire traffic control measures to lessen the potential con - fl2b191 h9 gestion or conflicts which would be created by any drive -in business at this particular location. The letter 190e[11 $ O r advises that the building would be moved about 20 feet further away from the said bridge and to the extreme back CO/j1b71 of the site; a retaining wall would be constructed out and to the rear of the proerty and the area of the proposed building filled and the service station would be constructed on a concrete slab on top of the fill; there would not be space under the building in which gaseous vapours similar to those which allegedly caused the explosion could re- occur; as suggested by Fire Chief Clark and agreed to by the company, there would be a leak detecting system under which a leak would cause the gas pumps to shut off automatically and the gas pumps or S erv/ �e dispensers would be set one foot within a concrete island at least 8 inches high. The letter, with reference to traffic, states that traffic volumes at this location have and can be expected to lessen with the opening of the �,/ throughway to Spruce Lake and other future steps, and the front of the proposed service station would now be curbed, with two driveways; the Advisory Committee consulted with the Traffic and Safety Committee and with the _ lrvi rly Executive Director of Operations and the Chief of Police, on the most appropriate traffic controls for this location were the service station to be permitted, and the Traffic and Safety Committee's advice is based, not on support of the proposed station but in recognition that the decision is Council's to make, and, if Council is to make a decision to approve the station, traffic considerations should enter the picture. The letter states that, as a result, the Traffic and Safety Committee recommended the following measures: (1) a revision was made in the location of the driveways as proposed; (2) the reduction of the curb cuts to not more than a 35 -foot width for the two driveways is mandatory; (3) curbing to be constructed and maintained by Irving Oil; (4) a reflective post is to be erected and maintained by Irving Oil in the corner of the central island created by the curbing between the two driveways; (5) the City is to move the bridge to Douglas Avenue stop -line ahead approxi- mately 35 feet; (6) the City is to paint a median island at the driveway further from the bridge, with an unpainted opening to permit left turns from Chesley Drive to the driveway -this island could be converted to a physical barrier should traffic experience at this location so warrant. The letter further advises that the location of the proposed service station and the various curbings, markings, et cetera, suggested by the Traffic and Safety Committee are shown on Irving Oil's site plan drawing Number 5845 -A as revised on December 13th in line with the Planning Advisory Committee's resolution of December 10th, and a copy of this plan is being filed with the Common Clerk. The letter notes that Irving Oil will landscape along the front and sides of the property, and there will be an enclosed observation area in the station to overlook the lower side of the Reversing Falls; the proposed curbing will raise the level or grade of the site relative to-the street in front and so Irving Oil should be requested to drain the site without excessive flow onto the street; the company has not filed an application for a building permit per se - should the Council approve the company's proposal to rebuild, it will do so; the company states that its plans for the building, storage tank locations, plumbing, et cetera are in conformity with City requirements and practices. The letter advises that the Planning Advisory Committee has given its approval under the Zoning By -Law to the proposed service station conditional to Irving oil carrying out its revised plans in accordance with the foregoing and the City changing the pavement markings as outlined above; the Committee is now referring the application to Council for such action as it deems appropriate under the City's so- called Service Station By -Law. i Councillor Green entered the meeting during the ensuing discussion. Councillor MacGowan asked Mr. Zides to clarify recommendations numbers 5 and 6, and the comment that "the proposed curbing will raise the level or grade of the site relative to the street in front and so Irving Oil should be requested to drain the site without excessive flow onto the street ", which are contained in the above mentioned letter. Mr. Zides advised that the reason for moving the stop -line ahead is because when you get into heavy peak traffic flow periods the motorists turning right from Douglas Avenue to the bridge have no problem - the prople who want to cut across to the service station would have a problem, otherwise, if you left it open - an unrestricted path whereas it is now - they could be cutting through a line of traffic that wants to turn left from the bridge to Douglas Avenue -- this means there would be 35 more feet of cars with the stop -line advanced forward that distance; cars wanting to get to the service station street and Chesley Drive from Douglas ® Avenue would be permitted to make a left turn when there is no traffic, only. Mr. Zides accompanied this explanation by displaying a map of that particular area. In reply to Councillor MacGowan's question as to whether this is good planning, Mr. Zides stated that it is good traffic planning - it is good traffic operations. In reply to Councillor Gould's question as to whether any zoning changes are required to permit the service station to be rebuilt at this site, Mr. Zides advised that no zoning change is required. 320 Noting that the same condition exists today that existed several months ago when the explosion occurred which claimed five lives and that the same threat exists today to human life that existed then, and that this explosion occurred in spite of the safety factors that were supposed to be safeguards • several months ago, and that the same condition exists which could, the next time, seriously damage both bridges thereby destroying the economy of this city, Councillor Pye.added that thousands of people were at that time opposed to the re- establishment of a service station at this site and they are just as perturbed and as admanant in their stand today. In reply to his question as to why at that time the Planning Advisory Committee championed the cause of those people and yet today has turned its back on their stand, Mr. Zides pointed out what the Committee's letter says in relation to the alleged cause of the explosion and the measures that would be taken to prevent such an explosion occurring again. In reply to Councillor MacGowan's question, Councillor M. Vincent advised that there were automatic shut -off valves on the lines from the tank to the pumps at the previous service station at this site, but there was no leak detection device as is proposed in the new station. Mr. Zides confirmed to Councillor MacGowan that the traffic island referred to in condition number 6 listed in the Advisory ' Committee's letter, is the one further away from the bridge just before the brow of the hill. In dis- cussingthe matter of the proposed curbing as referred to in the Advisory Committee's letter, Mr. Zides noted that the plans of the Irving interests do not go into the detail that Councillor MacGowan is asking about, at this point. Councillor MacGowan felt that the proposed plans, which would beautify this presently unsightly corner, would be an added improvement to this corner, but that until she saw further plans that would assure her that there would be no traffic problem she cannot support the proposal, much as she would like to see the corner beautified. .Councillor Green felt that if the proper safeguards are taken, as in any newer service station, It being confirmed to Councillor M. Vincent that it was not necessary for the Irving interests that the station can be built fairly well as far as the safety factors are concerned. He felt that the to seek re- zoning of the site in question, he asked, in such case, how could the City of Saint John Irving interests have lost many good stations in the city and that the type of station the company would prevent the company from getting a permit. Mr. Zides replied that the City operates under the so- called , would serve as an attraction to tourists. It was his feeling that the Council should give assent to the 1929 Service Station By -Law and under that by -law the City may alter the area in which service stations request to rebuild this station, when it comes in, and he therefore will support it. are permitted, and it could take out that particular area thereby prohibiting the service station - and v /ah ni h9 the question of licensing as well. Councillor M. Vincent asked, that being the case, on what grounds �7r might that be done; could traffic be one of them. Mr. Zides replied that it could be - it would be 77//4(// 50 i'y difficult for him to anticipate all the grounds. He confirmed that, to the best of the ability of the /� Planning Advisory Committee, the report of that Committee and of the Traffic and Safety Committee in- (� O %n %7% / eYee dicates that they have satisfactorily solved the traffic problems in light of these two Committees. Councillor M. Vincent noted that the Fire Chief has told us that the building being proposed by the ' Irving interests is as fire -safe as it possibly can be - he asked if that is correct. Mr. Zides stated that is the advice of the Fire Chief to him. Councillor M. Vincent asked what other reasons the Council might have for turning the Irving proposal down. In reply, Mr. Zides stated that, basically, the two areas of concern that the Advisory Committee had to start with are being met, as far as it can tell, itself. Councillor M. Vincent stated that he would not want to see a repetition of the explosion that �1 �o5* O/7 occurred at this site last January, and he noted that that explosion and the previous one there were - because there was a basement under the last service station that was there which was the whole problem, and if that is removed and if the designs he has seen are applied, there is no reason to suspect that this proposed station would be any more dangerous than any other station we have in the province - and if the Traffic and Safety Committee and the City staff are satisfied that there will be no major traffic problems, then he cannot see anything wrong with this proposal. • Councillor Parfitt stated that she has been assured by the Fire Chief that this proposed service station will be the safest service station in the city and the company has gone even beyond what was required of it; there are other things pending - there will be perhaps a reduced traffic flow in that ' area reasonably soon, she understands - that will change the picture, she believes. Councillor Pye �Ga commented that the traffic flow may be slightly altered but the agitation that the existence of this service station will cause will not be eliminated completely, by any means. He contended that an ex- plosion can re- occur, in spite of the safety precautions that would be taken there. In reply to Councillor MacGowan's question, Councillor M. Vincent advised that there were automatic shut -off valves on the lines from the tank to the pumps at the previous service station at this site, but there was no leak detection device as is proposed in the new station. Mr. Zides confirmed to Councillor MacGowan that the traffic island referred to in condition number 6 listed in the Advisory ' Committee's letter, is the one further away from the bridge just before the brow of the hill. In dis- cussingthe matter of the proposed curbing as referred to in the Advisory Committee's letter, Mr. Zides noted that the plans of the Irving interests do not go into the detail that Councillor MacGowan is asking about, at this point. Councillor MacGowan felt that the proposed plans, which would beautify this presently unsightly corner, would be an added improvement to this corner, but that until she saw further plans that would assure her that there would be no traffic problem she cannot support the proposal, much as she would like to see the corner beautified. .Councillor Green felt that if the proper safeguards are taken, as in any newer service station, that the station can be built fairly well as far as the safety factors are concerned. He felt that the Irving interests have lost many good stations in the city and that the type of station the company would construct at this site would be a credit to the area and that the planned observation post on the building would serve as an attraction to tourists. It was his feeling that the Council should give assent to the request to rebuild this station, when it comes in, and he therefore will support it. • Councillor Kipping suggested that after consideration of all the circumstances involved in this question, what the Council may well be doing, if it allows the service station to rebuild in this location, is the building of another Simms Corner. He stated that his interpretation of what the Traffic and Safety Committee io saying is, that the Committee is not recommending it, but that it is the decision of Common Council to make. He felt that the main question to be asked in the matter is whether there should be a service station - no matter how safe - in that location, and it is his feeling that there are a great many factors that would militate against having a service station in that location. He stated he does not see why the owners want to re- establish on that location in view of the fact they have already admitted there is less traffic there now and that there will be in the future - the fact that trucks are bound to be banned on the Reversing Falls bridge and soon, either as temporary measures or in construction on Main Street or on the Dock Street - Market Square development or as a permanent traffic and safety ' measure - there is no question - although the bridge has been examined and pronounced safe, the fact - remains that the Reversing Falls bridge is shaky and in no way can it stand up to the traffic of the future which now refuses to use the new harbour bridge because of having to pay a toll; another reason why he cannot understand the desire to re- establish is that the neighbours are nervous - he wonders if anyone has asked the neighbours whether they want to see a service station re- established there or not; in his opinion, the traffic congestion at this bridge corner and the re- establishment of a service station at this corner would make the job of replacing this bridge difficult, if not impossible, and very expensive; he feels that since the installation that was there in the form of a service station, has disappeared through the explosion, we probably should keep that land free and clear of buildings so that ' whatever has to be done to that end of that bridge or the alignment of that bridge and that roadway in the future should be able to be done - he feels it would be a mistake to do otherwise. Also, in view of the previous recommendations of the Fire Chief and the Planning Advisory Committee which at the beginning were drastically against the re- establishment of a service station at this location and they did not talk about safety at that time - it was a service station in that location they were talking about. Also, in view of the fact that the view from the Reversing Falls tourist bureau should probably be kept as free as possible, he feels is another reason why there should probably not be a service station at that location in fact, there is even credibility for the argument that service stations because they are maintenance matters should be in locations that do not occupy the most prominent locations on all our streets as they do. Councillor Kipping, in asking at what stage the automotive centre is that was proposed by the Irving • interests, that was approved sometime ago for Chesley Drive as a development, noted that his point would be that this station when it is established would fill the bill for which the reasons given have been put forward. J 321. Noting that the Advisory Committee's letter states that the Committee is referring the Irving application for the proposed Reversing Falls service station to Council for such action as Council deems appropriate under • the City's so- called Service Station By -Law, Councillor Kipping stated that because he does not know what the Council's authority is under that By -Law, he would move that the matter be tabled until the Council knows what its authority is under the Service Station By -Law. st�i on 1 rvih9 Oi, • vis. C'orn�i scere ,c e .�u/ /ding 1`isp ecz�or Vl hcer7t F/vodi n G'1eh //s e� lm&M7 %r+ov 61 Vt4 Ci^ ee`f '0,/V, Fill F/oodl*� f G'Qneew1 4eors Co ..avid ® Co, y"l-eJ^ S a %,e -A7i7 Cenhw/ Oeai9 h tF pow Councillor Davis commented that this is a matter that has been given a lot of thought; the problem at the very start was the safety problem and the traffic congestion problem at this corner; the safety of this service station will be probably identical to any other service station in the city or the country and perhaps even a little better because we are now aware of what can happen when a service station explodes; the traffic situation came down to three or four little details which are major points - one was that there should be a limited access and egress to and from this service station and the service station on it designed so that there is only one way in and one way out or vice versa; the other point was a left turning and the barrier that will be built down Chesley Drive prohibits indiscriminate left turns and he thinks that with a little adjustment it will prohibit entrance to this service station from Douglas Avenue; he thinks it is an excellent idea and that the median should probably be extended all the way down to Ocean Steel so that people crossing will have somewhere to stand in the middle of the road to avoid getting hit by vehicle. He noted that they have ef- fectively done a job there that will probably improve traffic considerably; the problem has been attacked in the proper way from the safety standpoint as a gasoline station and as a service facility at a busy inter- section and he thinks all these problems have been solved to the best of the ability of all people concerned. He noted that the only way the Council can do anything about this application is to change the 1929 by -law which the Council refused to do and, therefore, the Council will really receive and file this correspondence and the matter will proceed, because the Council cannot stop it. Councillor Kipping asked if it is correct, and that the Council hear from the City Solicitor regarding what has been alleged; that is, on the legality of what is being discussed. On motion of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that the above mentioned letter from the Planning Advisory Committee dated December 13th, 1974 regarding the proposed Irving Oil Limited service station on Chesley Drive at the Reversing Falls bridge, be received and filed. Question being taken, the motion was carried with Councillors Kipping, MacGowan, Pye and Gould voting "nay" Councillor Kipping noted that the Planning Committee has referred the above matter to Council for such action as Council deems appropriate under the City's so- called Service Station By -Law and he was trying to determine from the City Solicitor what action might be appropriate, and he has not been told this - he does not really know what action might be appropriate, under the By -Law. Mr. Rodgers advised that the Council has not taken steps to amend the 1929 by -law and the Council has delegated to the Planning Advisory Committee the power to permit this use and they have done that; this item is for Council information only, and the next step is for the Building Inspector to approve the application if it meets the conditions laid down in the 1929 by -law, but that is not the Council's business. On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that the report from Councillor M. Vincent regarding the problem of recent flooding in the Greater Glen Falls area which resulted in flooded basements, created in- accessability from streets to homes, and, in some instances, flooded out streets completely, due to the recent heavy rainfall, be received and filed and as advocated therein, a full report be made available to the Common Council from staff in the matter of a planned remedial course of corrective action being instituted forthwith so as to at least attempt to minimize or, preferably, prevent the occurrence of similar situations in the future. Councillor Kipping withdrew from the meeting. Councillor Cave reminded the Council that it had been given a report previously on the cost of remedying this flooding condition, and he assumes it would cost approximately eight million dollars to overcome the situation at today's costs. He maintained that the Provincial Government has a responsibility in the Marsh Creek area drainage system, and he felt that it is time that the Council gets together and goes over this matter and see what can be done, and approach the Provincial Government. He proposed this in the form of a motion. The Mayor pointed out that this is what is intended in the above motion of Councillor M. Vincent, who is saying that a study be made of the problem. Councillor Pye stated that in response to a call pertaining to flooding in that area shortly after the recent heavy rain he visited the rear of the premises at 291 Rothesay Avenue where a wooden Canadian National Railways bridge is located; previously, the water flowed through under that bridge uninhibited (the bridge is approximately 70 feet wide) but three or four days prior to the said rainfall the said railway company had occasion to dump approximately 100 truckloads of fill directly under the bridge surrounding two huge pipes, which were 70 to 80 feet long and 8 feet in diameter through which the water now is running; this reduced the water flow by seventy -five per cent and, as a result, on the day of the flooding and the day thereafter, the water had to back up because it could not go through the pipe, so it naturally backed up as far as Glen Falls. He felt that the flooding can be attributed largely to this factor. The Mayor stated that he visited this location and found that there are bars across that to hold it steady while the gravel is still being poured in (when the work is done the bars will be removed) - while the bars are there they hold back items of debris. Councillor Cave added that the Marsh bridge itself, which is the City's responsibility, had to be cleaned out - and there are many issues which he thinks the Council should discuss before it makes them public. Mr. Barfoot advised that he did not arrange to have representatives of General Urban Systems Cor- .oporation present at this meeting for discussion of the items on which recommendations are made by the City Manager's letter of November 29th, 1974 concerning the Central Area Urban Design Report, which had been laid on the table by Common Council on December 2nd last for clarification of the said items to the Council. Mr. Carter was asked to give an explanation of the said report at this time. He advised that the said General Urban Systems Corporation would be happy to come and further explain any aspect of its Report that Council would wish them to, at any time, and that the said Corporation representatives were very sorry they could not be present at this meeting. He recalled that the report to Council, dated November 29th, 1974 from the Planning Advisory Committee, recommends that the Common Council adopt the said Report as its strategy or broad guidelines as to the kinds of development Council would like to encourage in the central or uptown area, without commitment of the City or the Council to any particular project therein at this particular time. In relation to this, he referred to the section of the Urban Design Report which explains why the said Urban Design was undertaken, namely: because each of the three levels of government felt that some explicit arrangement 322 of.activities, amenities and facilities in the central area of the city was needed in addition to the recommendations already in effect under the Comprehensive Community Plan; the Report goes into details as to the reasons why various departments of the Federal and Provincial Governments felt that the Urban Design was needed; one of these reasons is explained - the Federal Government in its search for an appropriate site for new Federal office facilities sought to build its property in such a way as to bring maximum benefit to the people of the City according to their own aspirations for the central core; the Department of Public Works undertook extensive research towards this end - so, the Federal Government was looking to establish and determine the most suitable location for Federal offices - the Ministry of State for Urban Affairs was concerned that there should be some kind of concensus on the part of the citizenry regarding the citizenry's choices and priorities in order to guide future Federal policies in the area; the same kind of reasoning was made manifest by the Department of Regional Economic Expansion this department is a very important one for the City of Saint John because over the past few years it has provided the City with a tremendous amount of money to aid the development of this city and the City is hoping that the said Department will continue to assist the City in this fashion in the near future - one of the most important projects for which the assistance of that Department is needed is the Market Square project - so, the said Department really wanted to have settled in its mind, the City has a clear idea of the kind of central area it wants to develop over the next twenty, thirty or forty years. He noted that the Report gives much less explanation about the reason for the Provincial involvement and he thinks that is partly because at the Provincial level at the moment there is no real policy as to how or why the Provincial Government should become involved with assisting municipalities in the redevelopment of their central areas; one of the things the City will have to do is to convince them that Provincial involvement is necessary. He noted that the Report states what the consultants felt was the municipal need. He pointed out that in the Design the consultants have taken thirteen fairly sensible and probably fairly obvious guidelines and they have said that if development occurs in the central area the City should really try and make sure that these thirteen guidelines are followed; the Report explains in greater detail what the consultants mean by each one of these guidelines; the City has already been doing some of these for some time - they are part of the Comprehensive Community Plan. He stated that the Report then details ways by which the said guidelines might be implemented. He noted that there is no time limit set for any projects or any suggestions in the Urban Design - they could occur any time within the next number of years - that helps to make the Urban Design quite a flexible instrument of policy; it means that the Urban Design can be just as influential in guiding developments if the Common Council really wishes it to be and modifications to the Urban Design can be made over time as they are shown to be necessary or desirable; to show how the guidelines could be put into effect the consultants prepared a series of drawings and a model of the area, to show prospective developers how these guide- lines could be put into effect. Mr. Carter stated he believes the course the City should follow is to accept the said recom- mendation of the Planning Advisory Committee and adopted the Urban guidelines as a strategy; that means that the Council does have flexibility - the Urban Design will not be a piece of the law, and it will be as influential as its merits deserive it to be and where the consultants did not suggest appropriate designs or development or make appropriate suggestions these can be discarded as the time permits. He stated he thinks an inappropriate suggestion of the consultants is to retain the library in its present location rather than incorporatin it into the civic entre complex. Mr. Carter recalled that the City Manager also submitted a report to Council on December 2nd last, with a number of specific recommendations related to the Urban Design, and the advice that now is the appropriate time for the Council to consider them. Councillor Green felt that the consultants are wrong in the proposal that the old City Hall be renovated and retained in the Prince William Street area - his feeling being that he would like to see new building take place within that specific area to revitalize same; he also feels that the new library should be in the Dock Street building complex. Mr. Carter advised that the work of the Urban Systems consultants regarding Federal offices was based on work which had been done by the Federal Department of Public Works who looked at various locations in the Saint John area for the Federal offices building. He stated he agrees that Prince 'William Street needs some revitalization but he thinks it can be achieved by preserving the buildings `v which are there at the moment - he thinks that whilst the individual buildings might not be architecturally famous, the collection of buildings put together make a very important contribution to the whole character /Cew. 620(/44, of the City; it was for this reason that the City Manager made his recommendations to Council on Decem- ber 2nd in the matter - that the Federal Government has some funds available for the conservation and renovation of buildings. He stated that in preparation for the 1976 international conference to be held in Vancouver to debate urban problems, the Federal Government has made funds available to all munici- palities across Canada to obtain from them imaginitive proposals for treatment of any urban problems, /j%ar/ret.S /ip whether they are physical, economic or social, or management; in addition to that, the Department of .?t -eaJ Indian Affairs and Northern Development has funds available for conservation; when the Chief Conser- vation Architect was in Saint John a couple of months ago he mentioned the possibility of devoting some of these funds to the Saint John central area and to Prince William Street, in particular - so, he believes that if the City were to assemble reasonable proposals for the renovation or restoration of Prince William Street that we could bring back life to the whole street and we would not necessarily C��OvaLL��n Oyr have to tear down all the buildings - we could preserve those buildings and they would be given even % es�0/^�0� greater value for the City of Saint John. o� fati %di rigs) Councillor Cave asked whether the intent is to bring in a recommendation for the renovation or conservation of buildings in the not too distant future. Mr. Carter replied that if the City is going to receive part of the said funds from the Federal Government, it has to formulate some kind of a proposal to put to that Government - the City Architect could probably draw together some kind of a f (s proposal or supervise the preparation of a proposal which the City could submit to the Federal Govern- Akv4h�ce ment. r Noting that the City and Federal Government between them now own 87.4 per cent of that entire block on Prince William Street, Councillor A. Vincent expressed the view that we should now proceed and assemble the rest of that block and get after the Federal Government to build the Federal office building there. Mr. Carter felt that we will get the 14- storey Federal office building that Councillor A. Vincent �J /J is looking for and that his leadership in the matter will be generally recognized; however, he thinks that the site that is recommended by the General Urban Systems people is also pretty well owned by the City and it is a much larger site. Councillor A. Vincent stated he feels that we should tell the Federal Government where we want the building to go by referring to more than one site and offer that Government the land for one dollar, but if that Government wants to build a Federal building down on the harbour, do so, but we do not think it is going to be there. He does not think we should be placed in the position of only favouring one site for the Federal offices. u L J • u • A�el, 6�6 vzt, 6267eral'61r 6�n aSys� C'oten, � !/i yic�lit Couh./// fp/ahn, e4e, arretidm err •ts Cpn��hCy� Ph0✓�0�`�L�L ' 60 X r, 14• E A /.?�r�, 4,wp,, Oh9In. Auger e05 lw,, 39 �hzrer- 6uhy st. �orr/M / ^it�NE 3 7W X Assoc, (iy tors d� /�ayirler 4s7 l ea. 070C c &c - /'c s fie—x,91140 tea, /way w �S'u6 -tarsi 3 .93 On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the matter be laid on the table and handed to the Council Committee that is working on the Federal Government buildings site. Question being taken, the above motion was carried with Councillors MacGowan and Davis voting "nay" In further discussion of the above matter, Councillor A. Vincent confirmed that his motion is for tabling of the whole report from the City Manager, dated November 29th, 1974, and the report from General Urban Systems Corporation regarding the Urban Design for the central area; he added that we want to table this until after we hear the City's proposal; he wants some time to study the question of who is to pay the seven or eight million dollar cost to acquire land and prepare the site and to start the air rights regarding the Market Square project. Councillor Higgins explained that he can go along with approving the Market Square site for the Federal offices, as recommended in the Urban Design, as far as principle goes - he would like to see, when the Rocca Group makes its proposals exactly the factor as far as money is involved and how important the building of Federal offices in that complex will make it go or not - once he sees that, then he can put Prince William Street into perspective; if there is an alternate proposal for refurbishing that area and maintaining the good buildings and demolishing the others then he can see a sequence; to approve the Market Square site for 'the Federal offices now more or less defeats the work that many Councillors have done over the past one to two years, including the Unity Committee and the meetings with the Federal Government; so, he would like to wait until the Rocca proposal comes in and study it and determine that in order to make the project viable that is where it has to be, and then we will take it back to Prince William Street. Councillor A. Vincent concurred in this view. On motion of Councillor Pye Seconded by Councillor Cave RESOLVED that an amendment to the Community Planning Act be immediately introduced to read to the effect that in future all final decisions pertaining to land and construction pro- jects be made by Common Council. In introducing the above motion, Councillor Pye made explanatory remarks as to his reasons for so doing. Question being taken, the motion was lost with Councillors Pye and Cave voting "yea" and all other Council members present voting "nay ". On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the letter from Holtzmans Limited making application for permission to renovate the building located at 60 Waterloo Street in accordance with the plans submitted, to provide a new modern front with two stores on the street floor and three modern two - bedroom apartments on the second floor - and the letter from the Planning Advisory Committee, advising that the Committee has given approval to the said proposed conversion of this building subject to the permission required from Common Council under the Deferred Widening By -Law -- be received and filed and the requested permission be granted on the condition that in the event the City has to take over the property the purchase price will not include the cost of these renovations and improvements - and that the said permission be granted subject to approval by the Building Inspector of the plans - the Building Inspector being given power to act in this regard. Councillor A. Vincent felt that the City staff should give consideration to the Deferred Widening By- Law with regard to Waterloo Street from the viewpoint that it is discriminatory to property owners on this side of the said street, and in view of the developments at Haymarket Square and the fact that Waterloo Street widening will not be proceeded with, and, so he understands, a connection will be made to Garden Street via �addock Street thereby precluding the need to widen Waterloo Street. He felt that the Deferred Widening By -Law regarding the east side of Waterloo Street should therefore be repealed. On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that the letter from the Power Commission of the City of Saint John advising that the new addition to the Commission's office facilities-at 239 Charlotte Street has been essentially completed and the administrative and office staff will be relocated in same early in January 1975 and the office building at 39 Canterbury Street will become surplus to the Commission's requirements, and it has been ascertained through discussion with Councillor S. Davis, Chairman of the Council Land Committee that this property is also surplus to any requirements of the City, and that the Commission therefore proposes to dispose of these assets and to apply the monies realized to a reduction of capital borrowing, be referred to the Land Committee. On motion of Councillor Cave Seconded by Councillor A. Vincent RESOLVED that the letter from the New Brunswick Telephone Company, Limited with regard to the sub - division of two acres of land for that company and Associated Investors of Canada Ltd., advising that cheques in the amount of $1,968.00 were received by the City from these companies to cover payment in lieu of vesting lands in the City, and that the said lands were purchased to add to the companies' existing Work Centre lands and that it is the opinion of these companies that the said sub - division is exempt from payments and the vesting of land as set out in Section 25; (4), (6) of the Subdivision By -Laws of the City, and enquiring what position the City takes concerning this matter, be referred to the City Solicitor for an opinion. On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that the letter from A. J. Callaghan & Associates Limited aking application on behalf of Starlight Construction Ltd. for the re- zoning of the area located on the north ide of the old St. Stephen Highway at the Lorneville Road intersection to permit the construction thereon of a ixed housing development which, when completed, will house approximately 1,100 families - and advising that he request for re- zoning of this housing development was previously considered by Council and at the May 6th, 974 Council meeting the staging was approved in the Municipal Plan but the third reading of the re- zoning equest was tabled due to the possibility of a railroad right -of -way requirement on the property, information n which the company received in July and the layout of the sub - division was revised to cater for this al- gnment -- be received and filed and authority be given to proceed with the necessary advertising regarding the equested re- zoning. �z Councillor A. Vincent expressed the desire to be informed when the collapsed Spruce Lake intake • pipe is to be raised so that he can be present to view the size of that pipe, in company with somebody from the Water Department. The Mayor noted that the City Solicitor advises that this matter will be discussed in legal session. On motion of Councillor MacGowan In reply to Councillor Kipping's questions, Mr. Wilcox advised that with regard to what alter- nate uses the residents might see for this particular lot, they would not object to one, two or three - one- or two - family homes, or a combination of both - it is the proposed apartment buildings they do not feel belong in the area because it does not fit in any way with the existing homes. Be added that he does not know whether Carr Construction Ltd. will consider making such use of the property. Mr. Donald Cullinan, solicitor for Carr Construction Ltd., was present at the meeting with Mr. • �i� /� Carr. Mr. Cullinan advised that this company has complied with all the requirements relating to this application for re- zoning; the matter has been heard twice by the Planning Advisory Committee and the L recommendation has come twice from the Committee and its Director, in favour of the re- zoning; there were conditions put on the application and Mr. Carr has complied with these conditions. With regard to the question put by Councillor Kipping, Mr. Cullinan advised he does not think it is economical or feasible for Mr. Carr to use the lot other than as proposed in the re- zoning application, as this company does not Seconded by Councillor Gould RESOLVED that the item submitted by the Land Committee regarding obtaining an easement from Mr. Gordon Carvell, be placed on the agenda of this meeting. On motion of Councillor Gould ' Seconded by Councillor M. Vincent 1/_� / /��m/ ea RESOLVED that in accordance with the recommendation of the 'a GL ern�//rllit Land Committee, authority be granted for the purchase of an easement from Mr. Gordon Carvell through land located between Manawagonish Road and the throughway, as shown on the submitted plan, for the sum of $.10 //1�as tTd/}�D/J Go7h/�B� per square foot with the contractor, 1�edericton Housing & Construction Co. Ltd., to pay the difference in price per square foot, to make a combined total to pay Mr. Carvell his asking price of $1,725.00 for the Fhes�BH /�'cidh�iS acquisition of this easement, which is approximately $.17 per square foot, and which is required to erect +� C hS7�f�uCl O, a permanent power line for the operation and construction of the Carpenter Place lift station. al, ' ( B/Jy E! The Mayor requested that any items that can be dealt with in open session of Council, from the o✓h Committee of the Whole section of the agenda, be brought into the open session of this meeting. On motion of Councillor Gould T h. s7 /975b / Seconded by Councillor M. Vincent RESOLVED that the letter from the Rockwood Park Preservation Association requesting a meeting with the Common Council, be taken from the Committee of the Whole section of the agenda and considered at this time. • On motion of Councillor Hodges Seconded by Councillor M. Vincent RESOLVED that the letter from the Rockwood Park Preservation D / 7� a^/IGf/DOGt �o7f Association urgently requesting a meeting with the Common Council at the earliest possible time to �/�25//erva� discuss the throughway and to suggest an immediate examination and possible re- evaluation of the Haymarket /dh Square interchange, its associated roadways, the possibility of establishing a Stanley Street walk ramp, r/ SS OC, and to suggest alternatives to the Haymarket Square interchange problem and to encourage a social and L / �i/pOIGGJ/7W�y technical re- evaluation of the current proposals before Irreparable damage is caused to the Rockwood Park area, be received and filed and the Council meet with the said Association future date that the `���m ✓ ✓�/,��'� at a and Association be asked to provide Council in advance with the questions to be asked and on receipt of the questions a date for the meeting can then be set. Pte° �C• Following a meeting in Committee of the Whole at 7.05 p.m. the Committee arose and the Mayor ' resumed the Chair in Common Council when all Councillors were present, and Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, Mr. Zides, Municipal Planning /�� GUO Director, J. C. MacKinnon, Executive Director of Operations, and S. Armstrong, engineer with the Works Department. Councillor MacGowan, Chairman of the Civic Improvement and Beautification Committee, advised £'i v!c 1/y/PIU e that Certificates of Merit have been prepared for presentation to persons whose properties have shown improvement over the year or who have been an example to the community in beautification of their premises 0^" in general. Councillor MacGowan thereupon read the citations, as follows:- "Mr. Charles Munro and his co- worker, Mr. Herbert Beech, Senior, have succeeded in making the property at 2 Brunswick Place a veritable showplace of beautiful flowers and shrubs attuned to the changing seasons. This annual display has become a pleasurable viewing tradition in Saint John. "; "Mrs. Edmund R. Mellenger, 108 Carmarthen ``e�dr�� 64elvr0 "�eee�i Street, has shown commendable initiative, ability and attention in transfdrming an urban property, devoid f%6e/ of growing things, into a green, pleasant and colourful area. "; "Mr. Kent A. Jones, 18 Old Orchard Lane, • Sr•� has through his continued efforts and obvious ability succeeded in establishing a flower garden that is a pleasure to view and is an example and encouragement to his neighbours. ". His Worship the Mayor made the presentation of these Certificates which were accepted in turn by Miss Marion Munro (on behalf of her /% / /eri9el^ father, Mr. Charles Munro, and Mr. Herbert Beech, Senior), and by Mrs. Mellenger and Mr. Jones. At this time, Mr. C. J. Wilcox, Chairman of a Committee of residents of the Dufferin Row area, read a prepared brief from the Committee which advises that a petition was prepared bearing the sign- atures of 210 persons who oppose the proposed re- zoning of Lot 387035 on Dufferin Row to permit Carr Construction Ltd. to construct thereon a 23 -unit apartment building and explains that this petition was presented to the Planning Advisory Committee on November 12th last, and that on November 13th a meeting ' was held with Mr. J. Griffin and Mr. C. Sullivan of the City Works Department. The brief advises that the November 13th meeting did not solve any of the objections to the re- zoning, and that, as stated in �+ Pe,,* 07 0,W the body of the petition, the petitioners are firmly against what they consider spot re- zoning - they believe it to be to but .het an advantage one, very detrimental to the people who have purchased or built residers homes in thia area and that it contravenes the very reason for the original zoning and takes away the qualities that brought people to the area in the first place. The brief asks that the Council consider the interests of the people as a whole, not those of an individual, when rendering its decision on this E-�Z O%��!/ re- zoning matter. Mr. Wilcox was accompanied at the meeting by many residents of the said area. (. O Carr /7152 , The Mayor gave the opportunity to another other citizen as a landowner or householder in that 141. area to speak at this time, if he so wished. No person came forward. - In reply to Councillor Kipping's questions, Mr. Wilcox advised that with regard to what alter- nate uses the residents might see for this particular lot, they would not object to one, two or three - one- or two - family homes, or a combination of both - it is the proposed apartment buildings they do not feel belong in the area because it does not fit in any way with the existing homes. Be added that he does not know whether Carr Construction Ltd. will consider making such use of the property. Mr. Donald Cullinan, solicitor for Carr Construction Ltd., was present at the meeting with Mr. • �i� /� Carr. Mr. Cullinan advised that this company has complied with all the requirements relating to this application for re- zoning; the matter has been heard twice by the Planning Advisory Committee and the L recommendation has come twice from the Committee and its Director, in favour of the re- zoning; there were conditions put on the application and Mr. Carr has complied with these conditions. With regard to the question put by Councillor Kipping, Mr. Cullinan advised he does not think it is economical or feasible for Mr. Carr to use the lot other than as proposed in the re- zoning application, as this company does not • .;rry '// ��� ocCeric�t 6?) O/'y C�rry P /s+ani h9 ' Advisory C'om/nii{x 10 ;325 have a lot of money. In reply to the question as to whether Mr. Carr owns this property, Mr. Cullinan advised that Mr. Carr has an agreement on this lot; the lot owner is Mr. Yvon St. Coeur, who is Mr. Carr's uncle, and who has agreed to sell it to Mr. Carr if Mr. Carr can get the lot re -zoned and can proceed with the building. Councillor Parfitt noted that it is her understanding that the question of blasting of the site has been resolved except for what is necessary for service installation, because the building would be constructed on a concrete slab. Mr. Cullinan confirmed that there would be only small blasting, on the street side of the property. Mr. Barry Roderick was present at the meeting, as counsel for Mr. Gregory Cherry, one of the property owners in the area, and stated that on behalf of the said Committee and on behalf of himself, personally (he has been a resident of the West Side for many years) it would appear that this proposed development is not desirable. He felt that, conceivably, areas for multiple unit dwellings should be set aside separate and apart from areas that have been zoned traditionally for one- and two - family dwellings. Discussion arose regarding the recommendation made in the December 2nd, 1974 letter to Council from the Planning Advisory Committee that the Committee's October 24th recommendation for the re- zoning of the property under consideration be reiterated, with the additional condition that the developer be required to ,post a performance bond in the amount of $32,800.00. When asked if his client would be prepared to post this (bond if the re- zoning is done, Mr. Cullinan advised that Mr. Carr has a mortgage approved from Central Trust Company and that company is prepared to set aside sums of money for the performance bond. He added that it is a matter he will have to consult on with Mr. Zides to see if such an arrangement would be acceptable (Central Trust would be prepared to work through Mr. Cullinan and Mr. Zides in setting aside the money for the per - ,formance bond) - he understands the performance bond relates to several matters which are going to have to be done preliminary to the actual construction of the building - quite a number of things have to be done which will be covered by the bond and which will be done even before the building is under way. He stated that the amount of the performance bond would not make the project impossible for his client, at this stage. Councillor M. Vincent asked if Mr. Carr was aware of the strong opposition to the proposed project and of the petition which has been signed by 210 people, which represents approximately all the people who reside in that area and if Mr. Carr has any alternate thinking at all. Mr. Cullinan replied that Mr. Carr does not have alternate thinking; Mr. Carr appreciates the residents' position, but he would like to proceed with the project. In explaining the matter of requiring a performance bond, Mr. Zides advised that there is provision in the Community Planning Act to require a performance bond; when people experienced difficulty in obtaining a bond, the City in the past has taken a certified cheque or land to be held in trust, in lieu of the performance bond; the requirement as to whether or not there is the guarantee that the work will be done is something the Council can ask for. Councillor MacGowan discussed with Mr. Zides the references in the December 2nd letter from the Planning Advisory Committee concerning the question of adequate water pressure to apartments within the pro- posed building and to the existing houses in the Dufferin Row area, and expressed the view that it would be premature to approve another development there until such time as those areas there have the proper water pressure that they need. She stated that she has heard that the water pressure situation is such that at times there is no water there at all. She stated that until such time as this situation is remedied, she feels that the whole proposal is premature. Councillor Higgins noted that it seems obvious that the group that is objecting is not concerned with the size of the pipe, or the tot -lot, et cetera - the opinion seems to be overwhelming that they do not want an apartment building constructed in that area. He stated he realizes that Mr. Carr had hoped to develop this rocky knoll as a viably good project in spite of the high cost of land and of construction, and Mr. Carr thought this project would add to the area, and he himself believes in the type of community where there is a mix of housing types, in view of the high cost of land; however, on the other hand, he respects the people of this immediate area who have stated almost unanimously that they do not want this project - he has to respect their wishes and bow to them, and he is going to vote against any re- zoning of this property. Councillor Pye expressed his sympathy with the case of the group of residents who oppose the proposed re- zoning. Councillor Kipping noted from the said December 2nd letter from the Planning Advisory Committee that Mr. Barry Roderick, solicitor with the said residents, had raised at the public hearing of the proposed re- zoning by Council the question of the validity of the proposed re- zoning. He asked Mr. Zides to give the rationale for the proposed re- zoning's validity. Mr. Zides replied that he believes Mr. Roderick is asking for a legal opinion rather than the views of the Municipal Planning Director, and that perhaps the City Solicitor might have an opinion in this matter. Councillor Kipping stated the question is -is the proposed re- zoning valid, legally. Mr. Rodgers stated that it is his opinion that if the Council wishes to re -zone, it can do it - whether it is good planning or not, that is not his area to comment on. Councillor Davis recalled that some time ago these same people appeared when the City re -zoned a -' substantial area on City Line one -half block away from this particular property when the zoning was chaned from "R -2" to "RM -1 ", which was a spot zoning. He felt that by making that change in zoning the City increased the population of those two blocks quite substantially. He asked if, in the deliberations regarding the current application the point that there would be two spot zonings within two adjacent blocks was considered. He noted that this seems to be quite undesirable. Mr. Zides, in reply, stated he is not sure that it was considered, but it was noted and brought out. Councillor Green stated that he is aware that we are lacking housing in the area and he knows that Mr. Carr is a reliable builder and builds good homes, but this particular area was set aside for a long time for one- and two - family housing construction with lots of a fairly good size. He stated that with reference to the housing that was built at the corner of City Line and Martello Road by New Brunswick HOusing Corporation, he has checked and learned that this housing has caused some problems to the existing residents with the young children of families residing in the said multiple housing units. He felt that the Council would not want to change the present zoning for the Carr project whwhich, because of the rock outcropping would have to be built up quite high on the site, and which he feels would detract from the existing area. He felt that it would be a disservice to the existing residents for the Council to re- zonethe property for Mr. Carr. Councillor Parfitt stated that all over the city there are properties spot re -zoned from one- and two - family houses classification. She noted that the one- and two - family housing is not developing, while we do need apartment accommodation. She also noted that it takes courage for a developer today to consider ® constructing any housing. On motion of Councillor Higgins Seconded by Councillor Hodges CWrr GO/%- RESOLVED that the Council take no further action regarding the proposed 5 1 rGGC2�1 OiJ re- zoning of Lot 387035 on the south side of Dufferin Row for Carr Construction Ltd. and that the recommend - /S'L�G 326 ation of the Planning Advisory Committee that the said site be re -zoned from "R -2" One and Two Family Residential to "RM -1" Multiple Residential classification to permit a proposed 23 -unit apartment building thereon (as set forth in the Committee's letters of October 24th and December 2nd, 1974 to Council) be • / not accepted. �OII7I�9. Question being taken, the motion was carried with Councillor Parfitt voting "nay ". heel aks /% Own a5% ot,OA/R7 S4. �o On motion The meeting adjourned. 5 Common Cl • At at Common.Council,�held at the City Hall, in the City of Saint John, on Monday, the twenty- ":�c:c y day of December, A. D. 1974, at 7.00 o'clock p.m. present , E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent -and- Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, ' F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, D. Carter, Economic Co- Ordinator, A. Ellis, Building Inspector, and S. Armstrong of the Works Department The meeting opened with silent prayer. The Common Clerk advised that advertising was completed for the proposed closing of a portion >f Main Street and for the closing of Crown Street, off Main Street, and that no written objections to • game were received. No person was present at the meeting to speak to the said proposed street closings. I At the conclusion of a Committee of the Whole session, the Council by resolution resolved Comm1wee &4 itself into legal session of Common Council. L E G A L Consideration was given to a letter from Saint John City Hall Employees' Union, Local 486, C.U.P.E., dated December 13th, 1974 in reply to Common Council resolution of December 9th, 1974 regarding / 5, ,/ Zy A /a// the Union's request for a second Arbitration Board to hear the case of Wayne B. Ough, advising that the Union's representative on the Board, Mr. George Evans, did not agree to extending the time periods, and ' that the Union therefore again requests that a second Arbitration Board be appointed to hear this case, �l which is that of the displeasure of Mr. Ough with the Job Evaluation Board. Mr. Rodgers stated that the No. 17'-'�Z Chairman of the Arbitration Board is double checking his notes with regard to waiving the time periods GPY,we,? 61ay1i and that a report on the decision will be coming shortly. gplellahce On motion of Councillor Higgins ✓v6�va /ua�i o Seconded by Councillor M. Vincent RESOLVED that the above named matter be laid on the table ' until the decision from the Arbitration Board is received. Councillor A. Vincent asked if, by next week, the Council could have a progress report re- Mark Aflw- garding where things stand with the Union negotiations, and when the Council is going to tell the City rib/ Manager how much salary can be negotiated for in these negotiations. It was his view that a professional i7/e�G / negotiator should be hired, and thus expedite the negotiations. rie9a� %�i% a/�s Councillor A. Vincent asked when the pump at the abattoir is going to be hooked into the sewer system in that area, to enable the City to obtain the funds that will then be forthcoming to the City 'a�Ti from Central Mortgage and Housing Corporation. It was noted that Councillor A. Vincent should put this • T7Gtca notation in written form. Mr. Barfoot replied that a report will be coming in very quickly on this ��� matter; also, a report will be coming in regarding the negotiations with the Unions. / q///6' J,e���C✓/ On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that the letter from the City Solicitor with reference /�,// to the letter from Mr. William M. Mintern of 14 Cliff Street which advises of his desire to build a home C / T(i so� /G ,O for himself and family on Lot 7, Block 12 on Todd Street in the Glen Falls area and which contends that the City pay all costs to service this lot for the reasons set forth in his letter, which letter was considered on December 2nd, 1974 in Committee of the Whole and referred to the City Solicitor for an opinion -- be referred to City staff for a recommendation to Council and that the Council hear Mr. Mintern in this matter on December 23rd next: AND FURTHER that a copy of the said letter from the City Solicitor be forwarded to the Munici- pal Affairs Department. heel aks /% Own a5% ot,OA/R7 S4. �o On motion The meeting adjourned. 5 Common Cl • At at Common.Council,�held at the City Hall, in the City of Saint John, on Monday, the twenty- ":�c:c y day of December, A. D. 1974, at 7.00 o'clock p.m. present , E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent -and- Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, ' F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, D. Carter, Economic Co- Ordinator, A. Ellis, Building Inspector, and S. Armstrong of the Works Department The meeting opened with silent prayer. The Common Clerk advised that advertising was completed for the proposed closing of a portion >f Main Street and for the closing of Crown Street, off Main Street, and that no written objections to • game were received. No person was present at the meeting to speak to the said proposed street closings. I sfree� c %s i i�9 ® r", 'st�p�h Goas�''kcz`. Coasa`rac� r'wese a7Qplf�C Aa11i,17�p t C'vIXQy ®90 ,9sok. On motion of Councillor MacGowan Seconded by Councillor M. Vincent 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the following highways:- (1) Main Street - beginning at a point on the southerly sideline of Main Street, said point being the point of iintersection between said southerly sideline and the westerly sideline of land owned by Marathon Realty Co. Ltd. and known as the Cold Storage property; thence from the place of beginning so described, going in a westerly direction on the original Main Street southerly street line a distance of 185 feet, more or less, or to the intersection of said street line and the new southerly street line of Main Street; thence going easterly on the above mentioned new street line to a point with co- ordinate values E- 1,110,679.84 and N- 554,155.98; thence going in a southerly direction a distance of 25 feet, more or less, or to the place of beginning. (2) Crown Street - beginning at the most northerly point of Crown and Chatham Streets and thence proceeding in an easterly direct- ion 122 feet, more or less, to the most easterly point of Crown Street; thence proceeding in a southerly direction 121 feet, more or less, striking Chatham Street; thence proceeding in a northerly direction 25 feet, more or less, to the point of beginning -- be read a first time. Read a first time the by -law entitled "A By -Law to Amend a By -Law Respecting the Stopping Up and ng of Highways in The City of Saint John Made Under the Authority of Section 186A of the Municipalities Act and Amendments Thereto ". On motion of Councillor Gould Seconded by Councillor Cave 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.Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the following highways:- (1) Main Street - beginning at a point on the southerly sideline of Main Street, said point being the point of intersection between said southerly sideline and the westerly sideline of land owned by Marathon Realty Co. Ltd. and known as the Cold Storage property; thence from the place of beginning so described, going in a westerly direction on the original Main Street southerly street line a distance of 185 feet, more or less, or to the intersection of said street line and the new southerly street line of Main Street; thence going easterly on the above mentioned new street line to a point with co- ordinate values E- 1,110,679.84 and N- 554,155.98; thence going in a southerly direction a distance of 25 feet, more or less, or to the place of beginning. (2) Crown Street - beginning at the most northerly point of Crown and Chatham Streets and thence proceeding in an easterly direction 122 feet, more or less, to the most easterly point of Crown Street; thence proceeding in a southerly direction 121 feet, more or less, striking Chatham Street; thence proceeding in a northerly direction 25 feet, more or less, to the point of beginning -- be read a second time. Read a second time the by -law entitled "A By -Law to Amend a By -Law Respecting the Stopping Up and sing of Highways in The City of Saint John Made Under the Authority of Section 186A of the Municipalities Act 6 and Amendments Thereto. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, approval be granted for yment of the invoice from Stephen Construction Company, Limited, dated December 16th, 1974, in the amount of 5,354.40 for supplying asphalt to the Department of Works during the period December 2nd to 13th, 1974. Councillor Green entered the meeting. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the City Manager, approval be granted for payment of the following construction progress certificates and approved invoices for engineering services in connection with projects that have been undertaken under the Department of Regional Economic Expansion programme:- Saint John Major Water Supply Atlas Construction Maritimes Ltd. General Contract, Section B Total value of contract (estimated quantities) $ 1,353,449.00 Total work done, Estimate Number 12 1,679,028.95 Total previously approved 1,674,028.95 Sum recommended for payment, Estimate Number 12, November 15, 1974 $ 5,000.00 THIS IS FINAL RELEASE OF ALL HOLDBACK ON THE CONTRACT Courtenay Bay Causeway Approaches (a) Goodyear Paving Limited Construction of Eastern Approaches Total value of contract $ 671,856.00 Total work done, Estimate Number 7 564,376.27 Retention 84,656.44 Payments previously approved 414,972.31 Sum recommended for payment, Estimate Number 7, November 29, 1974 $ 64,747.52 (b) Goodyear Paving Limited Construction of Western Approaches Total value of contract $ 1,285,044.50 Total work done, Estimate Number 6 776,285.34 Retention 116,442.80 Payments previously approved 553,256.56 Sum recommended for payment, Estimate Number 6, October 31, 1974 $ 106,585.98 (c) A. J. Callaghan & Associates Ltd. Engineering Services for Eastern Approaches Payments previously approved $ 94,794.98 Sum recommended for payment, Estimate Number 32, November 30, 1974 $ 7,265.50" ),.jU On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that as per the recommendation of the City Manager, authority be 012 S granted for payment of the following construction progress certificates on contracts for the following accounting of the engineering services for soil investigation for the community arenas by Warnock Hersey ' named projects which are included in the Capital Budget:- /te,wizPd wawm - ' � .? On motion of Councillor MacGowah 15 lee ws SIX:; • i� i�crr /9 1. Community Arenas AMFRO Refrigeration Blair Construction Ltd. are extending the Hillside Subdivision (Phase IV) in the area bounded by Golden r/i• /�i[ �%/i / Systems Ltd. / approval of the Works Department; that according to the City's subdivision policy, the City will be f� Supply and installation of refrigeration equipment / cetera) $13,850.00, (2) sanitary sewer materials pipe (man holes, et cetera) $6,900.00, (3) storm sewer ✓ Total value of contract $ 195,060.00 $32,750.00; that the Acting City Manager recommended to the July 29th, 1974 Council meeting that the Total work done • 53,027.74 the previous phases of this subdivision - the recommendation was laid on the table at that meeting to �yreerr/ eh Retention 7,954.16 of the Hillside Subdivision; that following a number of meetings with Blair Construction Ltd. it was Payments previously approved 25,579.94 been remedied the agreement would be recommended to Council -- Blair Construction Ltd. has been co- Sum recommended for payment - Invoice Number 1553, November 21, 1974 1,914.88 and recommending that the said expenditures be approved for water and sewer materials, to be charged to / 2 . Invoice Number 1565, December 2, 1974 Heating System - Rothesay Avenue Works Department $ 17,578.76 ' Volcano Limited , the table by Common Council resolution of July 29th, 1974, be taken from the table and filed., Supply of an automatic boiler for low pressure steam heating system will be deeded to the City after the signing of the above noted agreement. Councillor Hodges noted that, PXV4 Total value of contract $ 10,563.55 City Manager's letter, and he suggested that the City Manager bring in at the next meeting a list of RM ro 1191,07a Total work done, Estimate Number 1, Invoice Number 14962 8,979.02 ents; he asked for a plan of the recreational purposes area that is to be provided, in view of the S�SZLG°i17 Retention 15% ' 1,584.53 41e-�,-'7 0 16M Previously approved Nil Seconded by Councillor M. Vincent Sum recommended for payment, Estimate Number 1, Invoice Number 14962, Sewerage Division of the Works Department, Technical and Inspection Services including the Plumbing November 29, 1974 $ 8,979.02 ' 3• Community Arenas • Warnock Hersey International Ltd. RESOLVED that the Financial Statements for the month of November, / / �I'/7Ou1 llelw C'omPL�i�o / %rs Engineering Services for Soil Investigation �ePort Payments previously approved $ 49,647.48 Sum recommended for payment, Estimate Number 6,December 18,1974 $ 7,410.50 S01-1 ��°SG S 4. Simonds High School - Swimming Pool f� /9� (a) Stanley Emmerson Associates Architectural Services oSJ/r/D//7GCS sC/y 00/ Payments previously approved $ 22,883.00 • Sum recommended for payment, Estimate Number 7,December 10,1974 $ 2,088.90 (b) Security Plumbing & Heating Limited SOh Relocation of Slurry Tank Total value of contract $ 776.00 Total work done 776.00 Retention Nil Payments previously approved Sum Nil recommended for payment, December 18, 1974 $ 776.00 Councillor Higgins entered the meeting. Councillor A. Vincent requested that the Council be supplied by City staff with an itemized 1 O / S accounting of the engineering services for soil investigation for the community arenas by Warnock Hersey ' International Ltd. for the next meeting of Council. /te,wizPd wawm - ' � .? On motion of Councillor MacGowah 15 lee ws SIX:; Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager advising that Blair Construction Ltd. are extending the Hillside Subdivision (Phase IV) in the area bounded by Golden �%/i / Grove Road, Wildwood Street and Parkhill Drive and that the developer's servicing plans met with the / approval of the Works Department; that according to the City's subdivision policy, the City will be f� responsible for the following costs: (1) water materials, watermains, gates, chambers, fire hydrants, et / cetera) $13,850.00, (2) sanitary sewer materials pipe (man holes, et cetera) $6,900.00, (3) storm sewer materials (pipe, man holes, catch basins, et cetera) $12,000.00 -- at a total approximate cost of �iias e LY $32,750.00; that the Acting City Manager recommended to the July 29th, 1974 Council meeting that the subdivision agreement not be executed until the developer had corrected deficiencies and /or completed • the previous phases of this subdivision - the recommendation was laid on the table at that meeting to �yreerr/ eh ive Blair Construction Ltd. an opportunity to correct deficiencies and /or complete the previous phases of the Hillside Subdivision; that following a number of meetings with Blair Construction Ltd. it was agreed that the contractor would concentrate on a number of the major items, and that when these had been remedied the agreement would be recommended to Council -- Blair Construction Ltd. has been co- operative in attempting to remedy the deficiencies and the majority of the work has now been completed; and recommending that the said expenditures be approved for water and sewer materials, to be charged to the 1974 capital budget, and that the Mayor and Common Clerk be requested to execute the agreement in due course -- be received and filed and the recommendations adopted: AND FURTHER that the letter from the Acting City Manager dated July 25th, 1974, and laid on , the table by Common Council resolution of July 29th, 1974, be taken from the table and filed., It was noted that the land for public purposes regarding Phase IV of the above subdivision will be deeded to the City after the signing of the above noted agreement. Councillor Hodges noted that, of having been a member of the last Council, he is not aware of the deficiencies referred to in the City Manager's letter, and he suggested that the City Manager bring in at the next meeting a list of RM ro 1191,07a these deficiencies. Councillor Cave felt the City should make Mr. Blair live up to any further agree- ents; he asked for a plan of the recreational purposes area that is to be provided, in view of the concern of the people in the area that they do not have enough recreational facilities. ' ci` 2a� On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that the reports for November of the Water and Sewerage Division of the Works Department, Technical and Inspection Services including the Plumbing Division, and the Fire Department - be received and filed. rBpo ris On motion of Councillor Green • Seconded by Councillor Cave RESOLVED that the Financial Statements for the month of November, C'omPL�i�o / %rs be received and filed. �ePort F, 329 On motion of Councillor Hodges • Seconded by Councillor Gould RESOLVED that the letter from the City Manager advising that the University of New Brunswick in Saint John is developing an Urban Studies Programme and that part of the programme provides c� for students to gain practical experience in Urban or Municipal Affairs by working within a Provincial or Municipal Department on agreed assignments, under the joint supervision of the Department and the University; �� / _ h that preliminary discussions have been held between the University and City staff and that the civic Departments G� listed on the submitted list, have agreed to accept the named students and provide them with suitable assign- ments, and that the students will work in those Departments one day per week for twelve weeks, beginning in �/1rO�'.kW,, ,W January, 1975 - and that it is the expectation of both City and University staff that the students, the Univ- a� OyL eh�S ersity and the City, will gain from this programme; that a document of agreement will be drawn up for signature //� by the student, the University, and the City, which will specify the responsibilities of each party and protect �D �WDYK the interests of each - and that no civic funds will be involved in the programme -- and recommending approval IV/ L of the said University of New Brunswick in Saint John Internship Programme -- be received and filed and the ..DePz�.$ recommendation adopted. f�ghee/n�' On motion of Councillor M. Vincent .5,41 9 e Seconded by Councillor MacGowan ' RESOLVED that the letter from the City Manager, advising that in connection with the recent three -inch rainfall, when a dangerous situation occurred at the rear of the Forest �- Hills School and at the back portion of Kennington Street and a City culvert could not handle the storm flow causing the water to back up and creating a three to four foot deep "pond" before escaping over the sidewalk - d Greer after investigating the situation the Works Department recommended that a storm sewer and catch basins, as shown on the submitted sketch, be installed, at an estimated cost of $9,700.00 and that the existing culvert be SiDrin �/e enlarged - and further advising that the School Board has agreed to pay one -third of the cost of installation ��j p 7S% of this drainage system as the system itself is on School Board property, and that the main flow, however, / comes from the City storm sewer discharging from Kennington Street - and stating that it is hoped that with the C'Gl /vert installation of this facility, the existing hazard will be removed -- be received and filed and the recom- mendation contained therein adopted, namely, that the City proceed with the installation of a storm sewer and SG°//DO��s�• catch basins on the School Board property, at a total cost of $9,700.00, with the School Board participating in ® �ehh %hO one -third of the cost, and the Ciy's share to be charged against the Water and Sewerage budget. Councillors Hodges and Gould made the point that remedial measures should also be taken with regard v(/o7�eh 9L to any other areas which are experiencing the same problem as the above noted area. sewe�ye Az /�eLL On motion of Councillor A. Vincent �L Seconded by Councillor Gould RESOLVED that the letter from the Forest Hills School - Community Association, �2t�IL�jOI? requesting that the Council immediately approve measures being proposed by the Executive Director of Operations Wires tY� to correct the drainage hazard in the Forest Hills School area, be received and filed, and the said Association be advised through Mrs. Joanne Snow of 15 Kennington Street of the action taken by Council at this meeting for he installation of a storm sewer and catch basins to remove the existing hazard. FSSOC', T hre,Sh On motion of Councillor MacGowan 171v� %ha�e Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the City ° ��Lf/ �D° Manager, a pp roval be granted for payment of the following invoices for equipment rental, namely:- /V'4/`7 / D. Hatfield Ltd. - to the Works Department Nov. 16 -30, 1974 (dated Dec. 3, 1974) $ 9,152.61 - to the Water Department Nov. 16 -30, 1974 (dated Dec. 3, 1974) $ 8,084.65 Councillor A. Vincent observed that not all equipment that is hired by the City is affixing to that equipment the required sign signifying that it is under rental to the City; he stated he would like to see �� S h these signs in use one hundred per cent by our hired equipment. Mr. MacKinnon explained the difficulties which J have been encountered in ensuring that the signs are affixed in such a way that they do not become detached C*1Y, -1,e rom the said equipment; added to that is the fact that there is reluctance on the part of the contractor to �� ✓ ✓� /PI�n have new equipment bear the signs when they have to be screwed on. He stated that the City staff has attempted to have the signs affixed to all the items of equipment that is rented by the City. On motion of Councillor Higgins Seconded by Councillor Gould q7 /ahh �� following sums of money be acce RESOLVED that as recommended by the Planning Advisory Committee, the pted in lieu of land for public purposes with respect to the following named sub - divisions - in each case, the figure being eight per cent of the value of the new or additional lots as �aym eI9 estimated by the City's Real Estate Department: - rr (1) from Centennial Trailer Sales Ltd., S -5 - the sum of $8,744.00 (this property is situated on the �u westerly side of Rothesay Avenue and opposite Todd Street - the proposal is to divide the property /vGG rPo a into three lots, one of which (lot 74 -2) contains a dwelling) /aha's h�a (2) from Annie Bagnell, 5 -35 - the sum of $440.00 (two lots are being severed from the Annie Bagnell property on the westerly side of Owens Road; approval in principle to create these lots and per- , mission to place mobile homes on them were granted by the Planning Advisory Committee at its August 27, 1974 meeting) Ahh /C' /7 E (3) from Robert McKee, L -114 - the sum of $120.00 (this property is situated on the easterly side of Point Road in Lorneville; a 125 foot by 150 foot lot is being severed from a 12 acre parcel; the lot itself is located at the rear of a large field with a portion of it being clear and part of the field /1%C ee and the remaining portion being grown up in. average size trees; since this lot has no road frontage or useable access the appraised value of this lot was estimated for a normal lot and the extra cost of building the driveway and extending the power lines deducted). Councillor Kipping asked if the above mentioned lot of Centennial Trailer Sales Ltd. is to be used ® for the display of mobile homes and trailer sales only, and is that its present use. Mr. Zides explained that the property has been used for a trailer sales outlet; the building that is there and some land around it is being sold to one of the Labour groups in the city; two other lots are being created out of it, each of which will be available for sale to somebody else. He noted that the value of land along this part of Rothesay Avenue has increased considerably and at the formula of eight per cent, there is a great deal of money that 330 becomes involved for land for industrial sales. He stated that the proprietor of this company had debated the sum required to be paid in this matter, and that he himself is beginning to wonder whether • the eight per cent is a fair value for industrial lands; the City Real Estate Department checked the appraisal figures and feels it can substantiate them. Councillor Kipping explained that in querying this matter, his concern was that if the land was going to be used perhaps for a mobile home park or something of that nature, the City should not be taking money but probably should be requiring the land to be set aside for the use of residents of such a park. Mr. Zides replied that the land involved is about 300 feet in frontage and contains about two and one -half acres, and it would not be large enough for use as a mobile home park - it is an irregular- shaped piece of land; in selling the central piece of land on which is the unit from which trailers are sold, three lots are created including the central lot; this property would never be large enough to qualify for use as a mobile home park, under the provisions of the existing Mobile Home Parks By -Law. ' On motion of Councillor Cave Seconded by Councillor Hodges /ann �dU� 5 RESOLVED that the letter from the Planning Advisory Committee �O177J7J• with reference to the amendment to the Subdivision By -Law which was enacted by Common Council resolution of October 9th, 1973, advising that when the material in this amendment (which dealt with the change of the Committee's name from Planning Commission to Planning Advisory Committee and with new and revised h language on the question of land for public purposes which had previously been termed "lands to be ") D vested in the City was sent to the Minister of Municipal Affairs for approval, the Province found , portions which it questioned and the by -law was, therefore, not recommended for approval to the Minister f but was returned to the City instead, and further advising that the Committee has now reviewed this a meh aim ehzL proposal again and has eliminated the material which was questioned by the Province and has also made a couple of minor other changes in the text, and stating that . theo Committee _ire commends : that etheLCommon // Council now enact the revised version of the formerly enacted amendatory by -law to the said Subdivision C /�D/" vJ So By -Law as shown on the submitted proposal -- be referred to the City Solicitor. Discussion ensued regarding the recommendation from the Planning Advisory Committee that the area on Crown Street, shown on the submitted print, be re -zoned to Transportation classification, application for this re- zoning having been made by H. M. Hopper Company Limited in connection with plans to add to the existing building on this property. Noting that the Committee's letter states that the • plan accompanying the application shows that a small portion of the customer parking along the Crown Street frontage is actually within the right -of -way of that street and that the Council may wish to have the parking removed or, alternatively, lease the affected portion of the street to the company, Councillor MacGowan asked if Mr. Zides is expecting a recommendation at this time. Mr. Zides replied in the negative - that he was bringing this matter to the Council's attention to dispose of this situation as it sees fit. When asked what firm recommendation he would have, Mr. Zides stated that his recommendation at the moment is that the City negotiate an agreement with H. M. Hopper Company Limited for continued use of this property for parking by lease arrangement with the City. On motion of Councillor Higgins Seconded by Councillor A. Vincent RESOLVED that authority be granted to advertise the proposed amendment to the Zoning By -Law to re -zone the area shown on the submitted plan for H. M. Hopper Company , 7?6'-• ZO hl h� Limited (a portion, along the St. James Street frontage, of the former Eastward Industries site on Crown Street) from the existing "RM -1" Multiple Residential classification to "T" Transportation classification, / �/ 6761% pursuant to a resolution under Section 39 of the Community Planning Act that the development of this /20W. property will be in accordance with a plan filed with the Common Clerk and subject to there being no outside storage - in connection with the long term plan of H. M. Hopper Company Limited to add to the existing building with a 60 foot by 96 foot addition within the area proposed to be re- zoned. / Councillor MacGowan asked that in the meantime the matter of the encroachment on the City C�^dae`jrr/eri street for parking in connection with the above named company be looked into by staff to determine which 0%7 63vao? method of resolving this question is in the best interests of the City. On motion of Councillor Kipping Seconded by Councillor Cave • RESOLVED that the letters from the Planning Advisory Committee, dated December 19th and 23rd, 1974, with regard to the application made by Eastbrook Ltd. of 152 West - morland Road for the re- zoning of an area off Northumberland Avenue for mutliple family use, advising iCd5�6h46iZ� that Mr. Kenneth Blair askes that the Council defer any action on his re- zoning request as he proposes to give the Planning Advisory Committee an opportunity to review matters and, if possible, to meet with him before the Committee reports further to Common Council - be received and the matter be tabled until the anticipated further report from the said Committee is received. On motion of Councillor M. Vincent Seconded by Councillor Hodges ' RESOLVED that the letter from the Planning Advisory Committee Ca //ay/iah with reference to the application from A. J. Callaghan and Associates on behalf of Starlight Construction FISS Ltd., for the re- zoning of Phase 1 of a proposed 1,100 unit housing project at Spruce Lake consisting of OC. 44 acres and to house about 140 families in one- and two - family dwellings and about 130 families in multiple dwellings in the area to the rear of the properties fronting on Ocean Westway and immediately to the west of the Spruce Lake School - advising that the Committee recommends that the areas so indicated Star /i h� on the submitted plan be re -zoned from "RS -2" One- and Two - Family Suburban Residential, to respectively "R -2" One- and Two - Family Residential, "EM-1" Multiple Residential and "B -1" Local Business classification - s5 G6 and further advising that the applicants propose to apply for sub - division approval in time for the uilding season in 1975 (the sub - division would lie within a Stage 2 area under the Municipal Development Plan) and that the develope is required under Stage 2 of the said Plan to complete the necessary works at his own expense in accordance with the conditions and standards established by the City, and stating that the sub - division plan will be brought to Common Council for Council's assent in respect of public streets and any lands to be vested in the City as lands for public purposes -- be received and filed and authority be granted to advertise the said proposed re- zoning. On motion of Councillor M. Vincent Seconded by Councillor Hodges • %fie -za h i h9 RESOLVED that the letter from the Planning Advisory Committee /�_r/ /��- [/• C oY eG rl regarding the request made by Carleton -Kirk United Church that its earlier application for the re- zoning f land being acquired by it on Duke Street, Saint John West, be reactivated in accordance with the l%ni teGl C/l�r�°h oundaries of the revised site shown on the submitted plan, advising that the Committee recommends that he Common Council now advertise the re- zoning of land as indicated on the sketch submitted by the r 331 Committee, from "R -2" One- and Two- Family Residential, and "P" Park (a portion of the area of the proposed re- zoning, presently zoned "P" Park, lies wholly within a public right -of -way which is actually a closed out • portion of Lancaster Street) to "RM -1" Three - Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act, and that the Committee further recommends that re- zoning should not be finalized until such times as detailed building plans are submitted by.the Church and are found acceptable by the Planning Department and filed with the Common Clerk -- be received and filed and the said recommendations adopted. On motion of Councillor M. Vincent Seconded by Councillor Higgins /ash'/ RESOLVED that the letter from the Planning Advisory Committee with f7 )�U! reference to the request made by Mr. Gerald Casey on behalf of East Coast Enterprises Ltd. for re- zoning of six CD%YJM • and one -half acres of land at the corner of Drury Cove Road and the Old Rothesay Road from "RS -1" One- and Two - n ,V ,ZDI71i/ Family Suburban Residential, to "I -1" Light Industrial classification, advising that the company wishes to 6n J n construct warehouses on the land and does not have a definite proposal and is merely attempting to ascertain L / K a whether or not such a proposal would be viewed favourably - and further advising that this parcel of land would be the main entry way to the future development of the Drury Cove area for housing purposes and that because members of the Committee are very concerned about certain facets of the request, particularly its locational aspects, the Committee feels that the application required more detailed study, and that a recommendation, f, therefore, will not be forthcoming on this matter until after the Committee's next regularly scheduled meeting ' on January 14th, 1974 -- be received and filed. 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 begs leave to report that it sat on December 16th, 1974 when there were present Mayor • COmm� Flewwelling and Councillors Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent "Ole and M. Vincent, and your Committee begs to submit the following report.and recommendations, namely:- 1. That the City retain plumbing inspection and the issuance of plumbing licenses and permits in the City of Saint John. %%c�ehse5 2. That the Building Inspector be temporarily appointed the Standards Officer. Respectfully submitted, 23rd December, 1974, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Higgins ' Seconded by Councillor Green RESOLVED that the above report be received and filed and the recommendations contained therein adopted. /r�ar/ret�y: l�nls�n�eX On motion of Councillor M. Vincent /aid Seconded by Councillor MacGowan fin RESOLVED that as recommended by the Land Committee authority be C � granted for the purchase by the City of property located at 9 Peters Wharf and known as Lot 21, Block 1, Ward 5 rom Mr. John R. Willett for the sum of $45,000.00, free and clear of all encumbrances, including any leases, this acquisition being in connection with the Market Square project. TV_XA7 h, U11•!/eAz6 On motion of Councillor MacGowan Seconded by Councillor Pye • Jre/ '�oC Jr RESOLVED that as recommended by the Land Committee, the City purchase 6711 property located at 255 and 257 Charlottee Street from John and Vera Zed for the negotiated price of $10,000.00, this property being acquired for the South End land assembly. 1 1 • Councillor Parfitt asked if the City is justified in buying the above named property, in the event the building on it is in disrepair and should be ordered to be demolished first, by the owner. Councillor Davis stated he does not know the exact condition of this building, although he does not think it is very good. He pointed out that owners are selling it for less than the assessed value. Councillor Parfitt made the point that this 33 -foot frontage lot is too small to permit its sale as land for building purposes - that is, it would not be useful for any othet purpose. Councillor A. Vincent noted that this property was assessed at $15,000.00 and as the result of an appeal against that assessment by the owners, it was reduced to the present $11,700.00 assessed value. In reply to Councillor Kipping's question as to whether there is an appraised value on this property, Councillor A. Vincent advised there was an appraised price - the Land Committee negotiated from the assessed value. Councillor Davis. advised that the property was appraised by the City but he could not recall the appraisal figure; he felt it was less than $10,000.00 Councillor Kipping asked for what purpose the land assembly is being made, and Councillor A. Vincent stated that the Saint John Housing Commission, withthe Housing Task Force Report in mind, has been searching for land and is definitely interested in that corner. Councillor Parfitt stated that her concern is that the City not buy a property that should be demolished first. Councillor Kipping noted that if the Council members do not know what policies are being followed on the South End land assemblies they do not know how to offer help when they might have infor- mation relating to those policies; it was his feeling that the Council, therefore, should be apprised of the said policies. Councillor Green stated that he viewed this property, which has three tenants in it, and it is his opinion that it is worth the price of $10,000.00 and is a good buy; further, he is of the opinion that the City should continue to purchase that whole corner, it being a good location for housing and such development would be beneficial for the South End. On motion of Councillor Davis Seconded by Councillor Kipping RESOLVED that the above matter be laid on the table. Question being taken, the motion to table was lost with the Mayor and Councillors Davis, Kipping, M. Gould and Parfitt voting "yea" and Councillors A. Vincent, Pye, Cave, Green, Hodges, MacGowan and voting "nay ". 332 /.7hd 6,007"W/io, S{�e /der �lPSac� r/�h6bury /�Gt/ �rOlr. �OVt. �X�lraPr /aii6J Atue°ihW/0 i mazi oh Caney Gdli �Ie Cali /e C'o, Alu S'eu/eh cad sevem georye /Yj. h�hr /PZ/% EXC`i e e5�h6ly � -A�� CtJ`aX., ., a d excf,�h SiheBf C�oS /hq 1rr�o rmati ohm �e�err� /o5'er`ic Question being taken, the motion to purchase was carried with Councillors Gould, Parfitt, and Kipping voting "nay ". On motion of Councillor M. Vincent . Seconded by Councillor Cave RESOLVED that the letter from the Land Committee, advising that Shelter Resources Ltd., developers of Harbourview Subdivision, have inadvertently located a house over the property line between Lot 74 -85 and the buffer strip and that the Committee therefore recommends the sale of an area of City land (which is used as a portion of a buffer strip) measuring 0.3 feet by 100 feet which is located in the Harbourview Subdivision adjacent to Lot 74 -85, as shown on the submitted plan, for the sum of $45.00 which is computed at the rate of $1.50 per square foot, and that the said company pay all legal and surveying costs incurred by this transaction, and further advising that the Planning Advisory Committee concurs in this sale -- be received and filed and the recommendations adopted. On motion of Councillor MacGowan Seconded by Councillor Cave RESOLVED that the letter from the Land Committee further to Common Council resolution of March 4th, 1974 whereby an area of City land, consisting of 2 acres and being located off Fairville Boulevard, was sold to Canada Wire & Cable Co. Ltd. for the sum of $9,000.00 per acre and a 50 -foot sewer easement located to the rear of the property line was to be retained - advising that it has been discovered that a 66 -foot right -of -way runs along one side of the property and the Works Department has no objection to changing the 66 -foot right -of -way to a 50 -foot sewer easement - and further advising that included in the sale of the said 2 acres was a small area which had been exprop- riated by the Province for the throughway (previously, it was the belief of the Land Committee that any abandoned land, after the construction of the throughway, would be turned over to the City by the Province) but, however, there is some difficulty in obtaining title to the small portion of expropriated land -- and recommending that the Council resolution of March 4th, 1974 be rescinded and that Canada Wire & Cable Co. Ltd. be sold the.land which the City now owns - that is, the lot minus the small portion which was expropriated - for the sum of $9,000.00 per acre; that Canada Wire & Cable Co. Ltd . have the option of purchasing the expropriated area, if ever vested in the City again, for the sum of $9,000.00 per acre; that the City retain two 50 -foot sewer easements, one being located to the rear of the area in question and the second being located to the side of the property - -- be received and filed and the recommendations contained therein adopted. On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that the letter from the Land Committee advising that in connection with the Common Council resolution of August 13th, 1973 whereby an area of City land located off Millidge Avenue was sold to the abutting property owners, one of the Grantees, as recommended by the Land Committee, was to be George M. Barr, who is now deceased, and that the Committee now recommends that the land be sold to Mrs. Barr (Henrietta Elizabeth Barr), be received and filed and the recommendation adopted. On motion of Councillor MacGowan Seconded by Councillor Cave RESOLVED that the letter from the Land Committee with reference to the recent Common Council resolution which adopted the Committee's recommendation for an exchange of lands on the Sandy Point Road between the City and Beatrice Chaisson, advising that when the survey was completed Mrs. Chaisson noted that her property will take an "L- "shape effect, and that the Committee therefore recommends that the area of land indicated "Y" on the submitted plan be conveyed to Beatrice Chaisson in exchange for the area marked "X" on the said plan, which area fronts on Sandy Point Road, and advising that both areas contain equal square footage and that Mrs. Chaisson is to pay all legal and surveying costs incurred -- be received and filed and the recommendation adopted. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the letter from the Land Committee advising that on October 7th and November 18th, 1974, the Common Council adopted recommendations of the Land Committee whereby land exchanges on Sandy Point Road were agreed to, involving the City, John W. and Edith A. Peacock and Anthony Hachey, the land exchange having been necessitated due.to a reconstruction of the road pattern to straighten several curves done by the Works Department, and further advising that when the construction was completed there were two small areas of the original Sandy Point Road which were abandoned and these areas were to be deeded to Mr. and Mrs. Peacock and to Mr. Hachey, and recommending that the Common Council take the necessary action to close these areas of the former road before conveying them, be received and filed and authority granted to advertise the said proposed road closings. Councillor A. Vincent stated that as he recalls it, these were advertised for closure already, and the matter was dealt with by the Land Committee. The Common Clerk stated that if he finds, on checking, that the street closing procedure has -been followed in this matter, the advertising will not now be made in the above matter. Mr. Keith Dow, Chairman of Tel -Aid (Community Information and Referral Service) was present at the meeting in support of his letter of December 18th, 1974 to the Common Council in which the Council is requested to give consideration to waiving the rent which this group is paying for the City -owned office premises in the City Market building. On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that Mr. Dow be heard at this time. Mr. Dow advised that approximately sixteen months ago the Social Services Council of Greater (? rah L Saint John initiated a study to look at the need for a central information and referral service for the benefit of our citizens; as a result of the study, it was determined that a need was there and that we could justify establishing such an information and referral service in this city. He noted that there is a multiplicity of services available from all levels of government in this city and the citizens sometimes have a problem in knowing what particular services are available and where to go in this regard. He advised that Tel -Aid is a co- ordinating body, staffed by volunteers with approximately 50 to 60 people involved and with one paid administrator; these volunteer counsellors have been trained and • • 1 E • I 333 offer their services in a completely volunteer capacity. He advised that the initial funding for this operation • came from the Department of the Secretary of State of Canada in the form of a $4,000.00 grant to start the project; at the present time they are negotiating with other agencies who are a finance committee of the Board for extended funding for the first year of operation; they have again been assured by the Department of the Secretary of State of its.interest and financial support in the next fiscal year for operation and they are presently investigating variable areas of funding on a continuing basis. In reply to Councillor Pye's query as to whether the Provincial Government was supporting this project financially, Mr. Dow stated that to this point that Government has not given any financial aid although the Provincial Department of Social Services has provided staff people and volunteer people who have become involved in this organization. In reply to Councillor parfitt's question as to how many square feet of space is occupied in the Market premises by Tel -Aid, Mr. Dow stated that this operation occupies the former John Howard Society space on the third floor and the rental is ' $106.54 per month. On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that the request from Tel -Aid (Community Information and Referral Service) that the City waive the monthly rental of $106.54 that is charged for premises occupied on the third floor of the Market building by this group, be referred to the Grants Committee. 6�YO O, ,WA Mr. Dow stated that a member of the Finance Committee of the Board of Directors is exploring ever y avenue to determine what funding sources are available for this operation, including all three xlevelsg of '�D/97/�uh /�y government. In reply to Councillor Davis' p y question as to how many calls Tel -Aid handles, Mr. Dow explained that when they did their research they looked at 14 agencies in the city and from those 14 there were approximately 2,300 inappropriate calls per month; part of the intent of Tel -Aid is to help this frustration for the caller and also for the agencies; with respect to the number of calls Tel -Aid receives at the present time, Tel -Aid began operation on December 2nd last and they are receiving between 20 and 25 calls per day - it varies - it was his feeling that when the service becomes better known and a fixed part of the community this number will increase. Councillor Davis discussed the question of how much of a degree the existence of Tel -Aid would or • would not minimize the number of wrong calls that are received by the various agencies, and the fact that those agencies on receiving wrong calls redirect them to the correct agency. • On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that.the letter from Mrs. Isabel Gibson making application for renewal of the permit, for the year 1975, to permit her to place her mobile home on the property of her son-in- law, Mr. Colin Kennedy, on the south side of the Loch Lomond Road, east of the Lakewood Grocery Store (formerly Cairn's Grocery Store), be referred to the Planning Advisory Committee for a recommendation. /ylo6 //e /jp j17E Councillors M. Vincent and Cave withdrew from the meeting. �'ari�i, Ada Following a meeting in Committee of the Whole, the Committee arose and the Mayor resumed the Chair. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that this meeting continue, in legal session. L E G A L Mr. Rodgers reported that with regard to the hearing held at 9.00 a.m. this date, in the Police Arbitration matter (concerning the dismissal of two members of the Saint John Police Department), Mr. George T. Clark, Q. C., Legal Advisor, and he represented the City of Saint John and they objected to Mr. Hennessey being f� a disinterested person to serve as the Union's nominee on the Arbitration Board and that he was an employee of -1(-1"017 �� the Canadian Union of Public Employees, their legal advisor and he also admitted that he would advise Local 61 /3/yl1SS�� if he was ever requested to give legal advice; and on the basis that in New Brunswick they are required to swear an oath of impartiality, Mr. Clark and he objected and Mr. Hennessey withdrew and the Union consented. 0411L°l°_11 He advised that the Union then brought forth a second nominee, Mr. Robert Lockhart; Mr. Clark and he objected to Mr. Lockhart being the Union's nominee on two grounds: one - that he signed the Working Agreement as Mayor, which is the present Working Agreement that is in dispute; two - that he is honourary member of Local 61; Mr. Lockhart did not withdraw - the Union proceeded on with him as its nominee; at that point, Mr. Clark and he could only raise the objection to him being the Union's nominee - they had not very much control over the objection except the two points that were raised, and the fact that the Union and Mr. Lockhart proceeded on on that basis an adjournment was requested until January 9th, 1975 which was granted by the Board; in the meantime Mr. Clark and he are looking into what valid grounds we do have to that objection and what chances of getting an Order to support our case. Mr. Rodgers stated that his opinion on the fact that Mr. Lockhart signed the Working Agreement is not too valid even though it was raised at the hearing; because he signed as Mayor he was, under statute, required to sign. With regard to the point of Mr. Lockhart being an honourary member of the Union, Mr. Rodgers stated he is not clear and we will look into it. He stated he broached this matter to obtain the Council members' views or comments on it. General discussion ensued. /i ne Irvi ivy CO /65 D 7 Cove S'o/i "cigar Discussion took place regarding the December 19th, 1974 letter from the City Manager which was given or information purposes to the Council members regarding the oil pipeline from the Irving Oil refinery to oleson Cove, during which it was noted that there are traffic problems involved and that Council should have n -put in this regard. Mr. Barfoot explained that there are two areas of approval: one is the technical pproval of the location of the pipes within the City streets - these are major problems and we request a lot ore plans - we have major questions on the Haymarket Square area; there is another area, of the actual agreement r license. Mr. Rodgers stated that he is presently negotiating with Mr. Adrian B. Gilbert, Q. C. in an ttempt to reach satisfactory wording for the license which will be required for this pipeline which passes nder City streets; it will entail a final decision on the part of Council. Councillor Kipping asked whether he final approvals for the pipeline will be granted before the Council knows about it, or has in -put on it. r. Rodgers stated it would not, with regard to the license. Councillor Kipping stated that he has been uggesting to the City Manager for over a year that the City be ready with its approved route before Irving Oil omes in, which it has done, with its proposed route. The Mayor stated that the City Manager assures the ouncil that the Council will know about the pipeline route before the licenses are approved. In reply to ouncillor A. Vincent's question as to whether we are negotiating two pipelines, or one, in this matter, Mr. arfoot stated that it is one pipeline of 12 -inch diameter, and it would carry different products which would e put through it. On motion The meeting adjourned. Co Clerk. ,334 At a.Common Council, held at the City Hall, in the City of Saint John, on Monday, the thirtieth day of December, A. D. 1974, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Davis, Gould, Green, Hodges, Kipping, MacGowan, Pye, and Parfitt - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, D. Buck, Redevelopment Officer, G. Baird, Executive Director of Economic Development, A. Ellis, Building Inspector, and S. Armstrong of the Works Department. The Reverend Lloyd Lake, rector of All Saints' (Anglican) Church, offered a prayer which opened the meeting. On motion of Councillor Green Seconded by Councillor Pye RESOLVED that minutes of the meeting of Common Council, held on December 16th last, be confirmed. (70a& /7o d9es Councillor Hodges noted that on page 4 of the said minutes reference is made to the statement of Councillor A. Vincent regarding a head table at a function held in New York during Saint John Ports Couri. %7•v //��°h Day, and he stated he believes it was the intention of Councillor A. Vincent to state that a head table �� 7 �^s provided, although no City representatives were seated at the head table. ✓/h lyaW /0�' On motion of Councillor Green Seconded by Councillor Gould T/jd&?s'aee Wer� RESOLVED that as recommended by the City Manager, tenders for the G supply of Water and Sewerage Materials be awarded as recommended in the submitted bid summary. 1��n,�se In reply to a query from Councillor Gould, Mr. Barfoot stated that the City will negotiate with suppliers to obtain the best prices on items for which no tenders were received. Discussion ensued on the increased cost of many of the items to be purchased and Councillor A. Vincent, who had entered the meeting during the discussion, noted that the cost of concrete has increased considerably during the past year. On motion of Councillor Green Seconded by Councillor MacGowan RESOLVED that the letter from the City Manager, with respect to the Committee of the Whole report of December 16th last, which is to be considered at this meeting, C• which recommends that the City act as the agent for Central Mortgage and Housing Corporation in the At,�,V W 2I7t Neighbourhood Improvement Programme and the Residential Rehabilitation Assistance Programme processing yl6aur�i0 0 of loans for the South End, submitting a draft agreement prepared by Central Mortgage and Housing Corporation in this regard, be received and filed and authority be granted for the Mayor and Common Clerk to execute the said agreement on.behalf of the City of Saint John, subject to a review by the Legal Department. �C t �s Mr. Buck advised that the above agreement is with regard to the programme for residential %XM4 5 rehabilitation which does run concurrently with the Neighbourhood Improvement Programme and that any / /�ragra/nme property in the South End capable of rehabilitation can apply to have such loans available to them. He /t0a7%7s /6 h stated that the City will be looking at the area from Duke Street south and will decide which properties /T / are capable of rehabilitation. In reply to a query from Councillor A. Vincent, he stated that the soaA4 14 '10 absence of curbing in front of a property does not prevent a loan for rehabilitation being granted. r//-Y Sa� /G°i�d!' On motion of Councillor Green Seconded by Councillor Gould RESOLVED that the letter from the City Manager recommending - yreemeri t approval of Amendment Number 25 to the Agreement between the Province of New Brunswick and the City of f�ihendm er1Z� Saint John, dated August 30th, 1971, which amendment will allow the participation of Central Mortgage /� and Housing Corporation in a re -named project, Spruce Lake Industrial Park - External Sewer Main, be /yo, °2�7 received and filed and the Mayor and Common Clerk be authorized to execute the said Amendment Number 25 (Ty0V_&�, on behalf of the City of Saint John. C" PV �! A- _SOM/i AP � Tr,,O�Y On motion of Councillor Gould "'n Seconded by Councillor Kipping Sel°h /i%a %h RESOLVED that the letter from the City Manager advising that fees under the by -law entitled "A Law to Provide for the Collection of Garbage in The City of Saint John" have not been changed since the by -law came into effect on September 25th, 1967 and that such fees (T�I'Oc�G�e are now unrealistic in comparison with the cost of providing services and also in comparison with the Cp / / /eC -f/ o 7 fees charged by private operators and that the 1975 budget estimates recently adopted by Council have �E P� S provided for a doubling of revenues from garbage collection in anticipation of a revision of these fees, - / and re co mnending that the submitted changes in the said By -Law be approved by Common Council and referred L7a/E'�y /A to the City Solicitor for incorporation into the By -Law, be received and filed and the recommendation adopted. _ • • Councillor MacGowan enquired if the proposed fees to be charged for garbage removed from ships port compares favourably with other port cities and Mr. Barfoot stated he has been advised by Mr. Kinnon that the rates proposed reflect the actual cost to the City in providing this service. In ly to a query from Councillor Kipping, Mr. Barfoot stated it is hoped that other changes in the By- dealing with container and collection practices will be submitted to Council in approximately two • the time. On motion of Councillor Green Seconded by Councillor Gould RESOLVED that the letter from the City Manager, advising that the Assistance Act permits the Lieutenant - Governor -in- Council to provide stimulation grants to I 335 /• /GC / / /c' vo+f municipalities in developing or improving the standard of services or facilities, which grants are administered ASB /S tc,zCe by the Department of Municipal Affairs, and submitting a list of projects for consideration by Council, for • //�� �1G.� submission to the Department of Municipal Affairs under this program, be received and filed and authority be (TIb7/7LS �6 granted for the Mayor and Common Clerk to execute an application for stimulation grants for each of the projects Ina h/c //` listed in the letter from the City Manager. %CAS I' Councillor A. Vincent questioned the amount of $187,500.00 per annum to be requested with respect to ¢aci /les the construction of three community arenas and stated he would like to see the matter tabled until a complete J�f report on the arenas is received by Council. Mr. Park explained that in order for the City to submit applications �en•'�'/�h' for stimulation grants it was necessary that estimates of the amounts be made and in the project referred to by %77 rcw/PS Councillor A. Vincent, it was felt that a reasonable request would be to apply for funding of one -half the cost AfIp/ Cdz /bh of the three arenas, amortised over a 20 -year period. Councillor A. Vincent stated he does not believe that 'r�+61 /rhts the amount to be applied for in this regard is a realistic figure. 7�bZ /ubh Councillor A. Vincent voted "nay" to the above motion. On motion of Councillor Hodges Seconded by Councillor Pye 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the following highways:- (1) .sheet Main Street - beginning at a point on the southerly sideline of Main Street, said point being the point of C/o Slh9 intersection between said southerly sideline and the westerly sideline of land owned by Marathon Realty Co. 1 Ltd. and known as the Cold Storage property; thence from the place of beginning so described, going in a ��� h �L• westerly direction on the original Main Street southerly street line a distance of 185 feet, more or less, or �L to the intersection of said street line and the new southerly street line of Main Street; thence going easterly CrowrJ . on the above mentioned new street line to a point with co- ordinate values E- 1,110,679.84 and N- 554,155.98; thence going in a southerly direction a distance of 25 feet, more or less, or to the place of beginning. (2) Crown Street - beginning at the most northerly point of Crown and Chatham Streets and thence proceeding in an easterly direction 122 feet, more or less, to the most easterly point of Crown Street; thence proceeding in a • southerly direction 121 feet, more or less, striking Chatham Street; thence proceeding in a northerly direction 25 feet, more or less, to the point of beginning -- be read a third time and enacted and the Corporate Common Seal 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" was read in its entirety prior to the adoption of the above resolution. On motion of Councillor A. Vincent Seconded by Councillor Green Coueic// RESOLVED that authority be granted for payment of the City's share of CO .sz�.S cost of the Provincial - Municipal Council for the year 1975, in the total amount of $4,178.00. I Read report of the Committee of the Whole (as follows) CO/r!!//M/ To the COMMON COUNCIL of the City of Saint John 414 Ole The Committee of the Whole reports Your Committee begs leave to report that it sat on December 16th, 1974 when there were present Mayor Flewwelling and Councillors Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, namely: - A. That the City of Saint John act as the agent for Central Mortgage and Housing Corporation in the Ci7.� as Neighbourhood Improvement Programme and the Residential Rehabilitation Assistance Programme processing of loans jpjLp 0 for the South End. Z-ir/ *ZZ 6 mss% Respectfully submitted, R,AV�� �/rycos 30th December, 1974, (sgd.) E. A. Flewwelling, X9 74S 'fot' Saint John, N. B. C h a i r m a n. So u iv �h On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the above report be received and filed and the recommendation contained therein adopted. ' Read a letter from Mr. Eric L. Teed, Q. C., on behalf of his clients Frank J. Comeau and Nancy L. / Comeau with respect to his letter to Council on November 19th which advised that his clients wished to acquire h/CA• the freehold of 73 St. James Street or have the City acquire the building, advising that this matter was referred by Council to the Land Committee who have advised that the City is not interested in the purchase of the building, and stating that it appears that his client's request that he acquire the freehold title or the land was not yet considered., and accordingly, they would ask if the City would now consider selling this lot, and the price of same. �yyi�OM�°au On motion of Councillor A. Vincent Seconded by Councillor MacGowan rC�7hd RESOLVED that the above letter be forwarded to the Land Committee to arrange a meeting with Mr. Teed. Councillor Davis, Chairman of the Land Committee, advised that the Committee forwarded a letter to Mr. Teed on December 13th at which time he was informed that the City is not interested in the purchase.of this / property but that the Committee was prepared to recommend a renewal of the lease of this property from the ,/6w se City. He stated that the Committee has heard nothing further from Mr. Teed. Question being taken, the motion was lost by a majority vote of the Council members present. 336 ,l7emo /iii or/ /O0 S S'unr /se Co„�y�� ors f�eCOO�ry o f` demo /ii?�on pro/�eriy ocvr,�°� On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that lease for property situate at 73 St. James Street, Comeau. as recommended by the Land Committee, a renewal of Lot 1076, be granted to Frank J. Comeau and Nancy Councillor A. Vincent voted "nay" to the above motion. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the report on tenders for demolition of 100 Exmouth Street be added to the agenda for this meeting of Council. On motion of Councillor Kipping Seconded by Councillor Gould RESOLVED that as recommended by the City Manager and Building Inspector, the tender of Dante Foriere, Sunrise Contractors Ltd., in the amount of $3,000.00, be accepted for the demolition of property at 100 Exmouth Street, provided all required specifications are met, this being the lowest tender received. Discussion ensued on the recovery of costs by the City from the owners of properties ordered demolished by the City and Mr. Barfoot stated that as requested by Councillor Gould, a report in this regard would be prepared by staff and submitted to Council. On motion The meeting adjourned. Common JTerk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the sixth day of January, A. D. 1975, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent -and - 0 Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, • F. A. Rodgers, City Solicitor, C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, C. Nicolle, Director of the Recreation and Parks Department, A. Ellis, Building Inspector, D. Carter, Economic Co- Ordinator, G. Baird, Executive Director of Economic Development, and D. French, Director of Personnel and Training The meeting opened with a prayer which was invoked by The Reverend M. LeBlanc of St. Pius X. Church. On motion of Councillor Gould , Seconded by Councillor Hodges RESOLVED that minutes of the meeting of Common Council, held on December 23rd, 1974, be confirmed. On motion of Councillor Gould Seconded by Councillor Higgins , RESOLVED that minutes of the meeting of Common Council, held December 30th, 1974, be confirmed. Councillor A. Vincent recalled that he had asked that the City staff provide a breakdown on A`,�nas �,s /cgs the arenas and stated he still maintains that the grant the City is seeking from the Provincial /� Government is not the total cost, and that the total cost is well over $3,000,000.00 - taking into (T/L-74 Z�- consideration the proposal of The Rocca Group of $2,800,000.00 and the fact that the City spent over $100,000.00 on pretendered steel and also, on top of that is the valuation of the City -owned land and C7 Y6 the cost of the soil testing; he feels that the value of these City -owned arena sites should be added 06C/�, {? VI/XW,07;t to the cost, plus the cost of the consultants services. Councillor Higgins pointed out that everything • that has been pretendered regarding the arenas has been included in the Rocca proposal price. Mr. /?oeea G'roap Barfoot advised that the cost of the land was not included in the request made to the Province for a grant; he explained that the amount the City was thinking of was the amount the City would have to bond for immediately on these arenas. He added that there is cost of the land in there, which does not show up in the estimates. 337 Councillor Cave explained that he was unable to attend the last Council meeting because of a bereave- / ment in his family, and that he was rather discouraged that the report on the recent flooding situation in the • F / OOGC� h� Marsh Creek which was anticipated from staff in two weeks, was not received at the December 30th meeting of Council. Mr. Barfoot replied that the requested report will be coming to Council very quickly; as soon as area further engineering information is received this matter will be brought back to Council; he estimated it would be coming back to Council in two weeks' time. Councillor M. Vincent also expressed his concern about the delay „/ 714 in the above noted report coming to Council. He asked if the City has authorized its insurance company to deny all liabilities in the Glen Falls area in relation to claims. Mr. Rodgers replied that the City does not authorize the insurance company to deny or admit liability; the insurance company investigates these matters objectively and then comes to a decision and forwards the findings to the City. Consideration was given to a letter from the City Manager, dated December 19th, 1974 regarding phasing out of the Outer Tax Zones and the extension of services in the said tax zones within the next few years. Noting that the above is a very serious matter, Councillor Kipping felt that the Council should have: a short discussion at this meeting on the subject and then allow time of at least one week to permit in -put from the public, before coming to a decision on the recommendations contained in the City Manager's letter. Councillor Cave agreed that this is a very serious matter and pointed out that in raising the taxes in the outer areas, as proposed, we are not giving them the services. He stated he will not support this proposal, regardless of the City Manager's recommendation that the Outer Tax Zone rate will be phased out and these ' taxpayers would be paying the Inner Tax Zone rate. He urged that the City give these people some services, first. He referred to the fact that a few days ago when a member of his family passed away the ambulance refused to go past the Mispec bridge, and he understands that the ambulance also will not go out to Loch Lomond. He stated he wants a complete report to find out the area that is serviced by the ambulance and why the ambulance did not go beyond the Mispec bridge or to Loch Lomond. He asked that this report be provided for the January 13th Council meeting. The Mayor replied that the report will be provided, as requested. Councillor Cave, again referring to the above named letter from the City Manager, stated that when the City starts spending some money on roads in the outer areas, he will agree to support these recommendations of the City Manager for phasing out the Outer Tax Zone. Councillor Higgins, referring to the suggestion that had been made by Councillor Kipping that the • Council devote a ten - minute discussion to the said recommendations submitted by the City Manager, at this meeting -- stated he sees nothing wrong with tabling this very important subject, and discussing it. On motion of Councillor Cave Seconded by Councillor A. Vincent T X .SUh�°S RESOLVED that the letter dated December 19th, 1974 from the City Manager, recommending that the Outer Tax Zones be gradually eliminated over the period 1976 to 1978 as set G off/ ye forth in his letter, and that garbage collection service and street light services in the Outer Tax Zones be SyyS �i4m extended, commencing January lst, 1976 -- be laid on the table. S�reef On motion of Councillor Cave 06e fep�r Seconded by Councillor Green '-;Z,9,07 E$ RESOLVED that in accordance with the recommendation of the City Manager, authority be granted for payment of the invoice from Dexter Construction Co., Ltd. in the amount of $8,621.22, nerve/ for crushing and supplying gravel to the Works Department during the period October lst to 31st, 1974. �ep^�er0°h In reply to Councillor A. Vincent's query regarding the tonnage supplied for the above price, Mr. vellwe4 C.O. Barfoot advised that the amount of gravel crushed was 10,024.68 tons. Councillor A. Vincent asked if "supplying" XZ4l, means that gravel is being supplied to the site and whether we are supplying our own gravel in our own pit - C kh that is, what is the definition of "supplying ". Mr. Barfoot advised that the invoice is for crushing City r Iri gravel. Councillor A. Vincent asked for an up to date report within six weeks on the City's aggregate supply. �9 V ncen He stated he wonders if the City has enough of aggregate material that it should be using its own or keeping it ej�hfre in reserve. On motion of Councillor MacGowan •Seconded by Councillor Cave RESOLVED that as recommended by the City Manager, approval be granted for �f a payment of the following construction progress certificates and approved invoices for engineering services in connection with projects that have been undertaken under the Department of Regional Economic Expansion pro - gramme: - / �''„^kee.ic� v� 1. Spruce Lake Intake 1,�r�r1ie/71(-e (a) MacLaren Atlantic Limited for 0� ?C/,.dheh Engineering Services Sum previously approved $ Nil /W/,=7,o %k Sum recommended for payment, Estimate Number 1, November 30, 1974, Invoice Number 1037, December 9, 1974 $ 23,887.76 (b) Installation of 72 -inch intake pipe Du /�•n/� Ruliff Grass Limited _ Total value of contract $145,316.00 •f` Total work done, Estimate Number 1 54,939.50 Retention 8,240.93 Payments previously approved Nil Sum recommended for payment, Estimate Number 1, December 31, 1974 $ 46,698.57 �yside �J/ hP.GO' A5�/h`y` 2• Bayside Drive Reconstruction and Extension Murdoch - Lingley Limited m ,eXtef�,. Engineering Services (Property Survey) Payments previously approved $ 14,979.30 f,T Sum recommended for payment, Estimate Number 13, to November 30, 1974 $ 929.00 �� �� // 3• Western Collector Sewer Lift Station • /�1 �e��"llx W. H. Crandall & Associates Engineering Services Payments previously approved $ 40,226.29 Sum recommended for payment, Invoice Number 3572, 9,& 0,9SSa° December 11, 1974 $ 5,325.79 a5ei..er ,5110rurn. 47ke �n�ifea/o� yfs Sea,�r�✓ -�a�h - h!e7 /h 6;�PWIW/. , / _1i J / (. o /i9vv/�t/i /y �par �e/'hy ��tirlihy �rlri by /o t -Peo /�u6 /c 6Uorlrs OiP.; .) l7ic /esd %�ega./a- -�i - /xoe Code, Fire ✓%P-1 f/ayr�ar/rc°z` may- ��SS Th��u9hw�y Ai�� �reser�' -� /ey! {SSO�°• 4. Western Area Collector Sewer Supply and Install 36 -inch Sanitary Sewer Gaspe Construction Limited Total value of contract $323,580.00 Total work done, Estimate Number 8 324,998.79 Retention 48,749.82 Payments previously approved 270,128.98 Sum recommended for payment, Certificate Number 8, December 19, 1974 $ 6,119.99 Councillor A. Vincent voted "nay" to the above motion, stating he cannot understand why the City is paying the sum of $23,887.76 to MacLaren Atlantic Limited for engineering services regarding the Spruce Lake Intake. He asked if this is the work that the City is paying to have done twice, and if that is the part that is going to end up in a law suit. Mr. Barfoot confirmed that this invoice is the work on the Spruce Lake Intake; it is for engineering work on the redesign, calling of tenders, specifi- cations, et cetera, on the Spruce Lake Intake. Councillor A. Vincent pointed out that it has not been decided who is at fault regarding the first intake that was designed. He felt there was something wrong in making this payment. The Mayor noted that the matter will be checked into. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, approval be ,granted for payment of the following construction progress certificate on the contract for the following named project which is included in the Capital Budget:- 1. Lakewood Heights Area, Phase I Supply and Install Sanitary Sewer and Watermain Gerald J. Ryan Company Limited Total value of contract $118,647.50 Total work done, Estimate Number 6 118,197.79 Retention Nil Payments previously approved 114,651.86 Sum recommended for payment, Estimate Number 6, November 6, 1974 $ 3,545.93 Councillor M. Vincent asked what progress is being made on the above named project. Mr. Barfoot replied that the above estimate is the final payment on last year's contract; this project is finished; we will be presenting more work for consideration in the Capital Budget, shortly, On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the report of the Street Department for November be received and filed. Referring to the above named report, which lists under "Sundry Works Construction" item number 629 in the amount of $6,212.00 for the Kennebecasis Ferry Landing - Parking Lot, Councillor A. Vincent asked for an explanation of this item of expenditure. Mr. MacKinnon advised that this piece of City - owned property is the parking lot portion of the said ferry landing, and is located at the front of the dock and to the right of the entrance to-the site and is hidden by the trees; this parking lot, which is not run by the Saint John Parking Commission, is intended for use in connection with this recreation and park site; the docking facility at this location is meant to be developed for a boating, launching area and the parking site is developed for those people using the site. Councillor A. Vincent stated he was under the understanding from the Provincial Department of Public Works that when the ferry landing was moved from Millidgeville to this location that the said Department was going to supply all this, at no cost to the City. In making negative reply to Councillor A. Vincent in this regard, Mr. MacKinnon explained that there are no cars parking as a result of vehicles going aboard the ferry; however, this parking site is a separate site on City -owned property and has nothing to do with the ferry landing and site itself - it happens to be adjacent to it; the docking facility - not the ferry docking facility - over to the right of that, is a City venture; the parking site work was done in November and this parking site could not be used at this time of year. Councillor A. Vincent asked if a sign could be erected to signify that parking is allowed there, during the summer time. Mr. MacKinnon noted that this parking lot will be paved in the summer. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the City Manager, the Saint John Fire Department Manual of Rules and Regulations and Discipline Code as revised April, 1974, be adopted. Members of The Rockwood Park Area Preservation Association were present at this time to discuss the Association's four main objections to the Haymarket Square By -pass, and to offer the members' recommendations. Mr. Ronald D. Kincade, Vice - President of the Association, read a prepared brief, copies of which were distributed to the Council members. The brief sets out the main objections to the said by- pass:- (1) the effect on Rockwood Park and its accessibility to pedestrian traffic, if a four - lane highway is run into Mount Pleasant Avenue with the resulting northern route as the proposed future plan calls for; the brief expresses concern that the Park in such case cannot continue to retain its present status as the playground of the city; the acquisition of a portion of the Horticultural Gardens for the said highway; (2) it is felt that this area of high density population, will become an island surrounded by asphalt, with four lanes of traffic on all sides, which would be a deplorable situation, with devastating social and economic effects on those dwelling there; it is felt that the City should not permit this City -owned real estate to become down - graded in this regard; the following are some of the questions which arise on this area:- (a) how can mothers get their children to the school and park area safety ?; (b) how do residents get to and from their traditional shopping areas of Haymarket Square and Thorne Avenue ?; (c) will the Allison Grounds be a fit playground with four lanes of traffic on both sides? would the Council members want their children to play there ?; (d) where will the water from the falls go once the mountain is walled off ?_; these and many more questions could not be answered at the December 4th meeting attended by Provincial Government engineers of the Department of Highways, City officials and the Association members, and the Association contends they cannot be answered now without study and an alternate plan; the brief, noting that the situation would be that the area would be surrounded by the smells and noise of four -lane traffic on all sides, states that the Association has been told that the planners considered the various effects on this area - however, they have not given the Association one concrete assurance that they are right; (3) there is nothing to indicate or no assurance given that the Haymarket Square traffic situation will be alleviated or that there will even r1 U • • I r I 1 U E ' T�irouy`i - Jwzy 339 be a heavy flow of traffic once the Wall Street interchange and the round house interchange are operable - the Association has been advised that the bulk of truck traffic goes east and west and therefore would clear Haymarket Square entirely; the brief quotes from page 35 of the Comprehensive Community Plan prepared by Proctor, Redfern, Bousfield and Bacon, as follows, "At Gilbert Street a partial interchange providing only for movement to and from the East. Movement to the West from this point would be minor. High property value and construction costs are the reasons for omitting the northern ramps. The very difficult topography forces such a choice. ", and notes that the original plan called for only traffic going east from Haymarket Square to have access to the throughway, and asks why did this position change, and why was it suddenly considered necessary against the planners advice; the brief makes the point that the present plan will cause Haymarket Square to become an unsightly spot, and that the plan will have a disastrous effect on the merchants of Haymarket Square and Thorne Avenue; (4) although the planners have given assurance that very little property in this area will be disturbed (by this, the Association assumes they mean demolished) it would be disturbing to have four lanes of traffic only feet from one's bedroom window or to sit on one's balcony and smell the fumes of diesel tractors as they pass only a few feet away, gearing for the climb into Mount Pleasant; the brief notes that Mount Pleasant is the only area remaining in the city where the old homes have been preserved as residential units and it is felt that the depreciation of property will be considerable if the by -pass goes in as planned. In appealing to the Common Council and the planners and engineers to find a better plan, the brief states that the Association members agree in principle that the urban renewal aspects of the throughway were basically sound that the said members do not regard Rockwood Court or Mount Pleasant as an urban renewal district. In summary, the brief advises that the Association members (1) are deeply and sincerely concerned; (2) are unconditionally opposed to the present plan; (3) suggest the elimination of the by -pass and carry along the original plan, or (4) suggest if this by -pass is deemed necessary, it should be relocated, possibly as a second tier level over the throughway; (5) request that any alternate plan be presented to the public before approval; (6) request consideration of completing the round house interchange and Wall Street interchange, and thus determine the need before building the Haymarket Square by -pass. It was noted that the following letters were submitted regarding the above discussed Haymarket Square %�O !Z/DO by- pass:- from Mrs. Dorothy C. Janes of 24 McKenna Crescent in Rockwood Court, advising of the concern of 7%e4 herself and husband that the Gilbert Street throughway is necessary in order to alleviate the traffic on Rothesay Avenue, but that the by -pass up through the said Court and along to Mount Pleasant can only cause inconvenience and havoc and further loss of recreational amenities and be a hazard to children trying to get to and from school, and expressing the view that the work on the by -pass should be stopped immediately and the by- pass at Haymarket Square through Rockwood Court reconsidered; from Mrs. Malcolm D. Clarke of 23 McKenna Crescent in Rockwood Court, expressing concern over the danger to her children, and the noise factor and the inconvenience that the highway structure that will be constructed very close to the Rockwood Court residences will constitute, and also over the fact that children going to and from the Rockwood Park School would have to cross the proposed four -lane highway at the top of Allison Road; and stating that she and her husband can understand and can agree with the Gilbert Street section of the throughway but feel that the back section of highway, which would partition their home off from the rest of the city, and would ruin the beautiful park land area, seems un- necessary; and requesting that the plans be reconsidered and the construction be stopped until better plans can be developed. Councillor Higgins felt that the problems of the Association members are very obvious, but the problems of the Common Council in changing anything is not obvious to him or to the Council at the present moment. He noted that the Association has now submitted questions to this meeting which will enable the Council to enter into a meaningful debate. He felt that the question "how can mothers get their children to the school and Park area safely ?" has to be answered according to the present plan - if there is nothing in the present plan to look after that safely then we have to sit down and formulate something. He felt that, like any other delegation, this brief be studied by the Common Council in conjunction with the Department of Highways of ' the Province and then, possibly, when we have the answer to the Association's requests that the Council can sit down with the Association's executive and start entering into a meaningful debate. Councillor Parfitt asked if the building up of the South End traffic loop is the cause of precluding the solution, namely, the Haymarket Square by -pass, referred to in the brief from the Association, who ask that the round house interchange and Wall Street interchange be completed and thus determine the need before building the said by -pass. Mr. Kincade replied that the original plan did not seem to think it was necessary for a Haymarket interchange with northern ramps; his interpretation is that they suggested that once the round house is in and the Wall Street interchange, that there would not be any necessity of altering Haymarket Square; he stated he can see nothing in the Comprehensive Community Plan that suggested that Haymarket Square be altered at all - the roundhouse interchange was to take all east -going traffic down Russell Street - Bayside Drive and across the new viaduct into the South End - all traffic going west would miss Haymarket Square completely and go straight through, and the odd bit of city traffic - which apparently as far as trucks especially goes, is minor - would have taken the Wall Street route. He stated that sometime between 1969 and 1973 somebody decided that that was not so and that Haymarket Square was important and that four lanes of traffic should go up into Mount Pleasant, for some reason or other - the Association does not know why that is. He stated that the Association suggested that the over -all Comprehensive Community Plan does call for a northern route and the Association feels that this is the start of a northern route out Sandy Point Road to the new hospital and so on - he does not think it has any bearing on the traffic, and this is the way the Association feels - the question why that was and none of it is operable until it is all completed, and which is built first - it is a ' matter of opinion which should be built first because none of it is going to be used until it is all completed - the eastern portion. He asked what is wrong with completing the round house interchange and the Wall Street interchange first because it is not taking anything away from the present plans - it simply states that when the straight throughway is through as originally planned you will soon know whether you have a problem at Haymarket Square, and that is why point number 6 is interjected in the Association's brief, in the summary. Councillor M. Vincent felt that the Council was not able to answer the points raised in the brief at this meeting, and that the Council must look at the said points of concern and see if they can be resolved on the present plan, and if they cannot be resolved on the present plan, then possibly it leaves no other alter- native but to consider some alternate plan; he felt this is as far as the Council really can go. Councillor Davis stated he wants to make sure that the Association has discussed the point and is absolutely satisfied that the one crossing over the throughway is adequate for the whole northern section of Saint John - there would only be one way that any vehicles can get to the houses in the Mount Pleasant area, and that will be across the bridge half -way down Paradise Row, as there is no other crossing. He stated he hopes that the Association has discussed this and has reached the conclusion that this one crossing would be sufficient. Mr. Kincade confirmed that the Association has considered this, and feels after studying the original plan as it certainly affects their area, that the round house interchange and Wall Street are certainly adequate. Councillor Davis pointed out that the round house interchange does not permit a car to go across the throughway to Mr. Kincade's street, going north and south; the throughway cuts off every crossing - Marsh, ®,Gilbert and Stanley Streets would be blocked, also Wall Street - there would be a bridge down near Harris Street - that will be the only way to get across and if there is a traffic accident there would be no way to get across except up Main Street. Mr. Kincade replied that the Association has discussed this, and the members' very strong feeling is that the would like the by -pass eliminated completely; the original plan did call for entering that interchange going east and it provided for access off the throughway for east traffic into the city. Councillor Davis pointed out that although that was quite true, in 1969 that bridge was • still there. Mr. Kincade pointed out that it is only three blocks from the general Mount Pleasant area to Wall Street; they also feel it is defeating the whole purpose of the throughway - at the viaduct you can enter the throughway, at Wall Street you can enter. Councillor Davis stated he is not talking about entering or leaving the throughway - his point is that in most cities a throughway is crossed by bridges either above or below it where the streets go across - he was not talking about interchanges, but simply about crossings, and is saying that the Association wants that bridge eliminated also - if that was the only thing left there, you would not want that; if everybody had to drive down Wall Street from the Mount Pleasant area that would be a very busy bridge. Mr. Kincade made the point that most of Mount Pleasant residents travel that way now. Mr. Kincade advised that in making the presentation to Council the Association agrees that the points raised need study and all the Association is asking is to stop the by -pass construction until the Council or a committee of the Council can study the matter and give these residents something they can live with in regard to the throughway. The Mayor advised that the Common Council will have a meeting with the Provincial Department of Highways engineers and try to come up with some answer; he agrees that if these residents are not happy that the Council try to do something to make them happy. to permit ambulance traffic over from the old hospitals to the new hospital. Mr. Kincade stated that with respect to the ramp starting from the Bank of Nova Scotia and climbing up over the Fina station with 2y_ SS a supporting column between that and the tavern, and so on, as described by Councillor A. Vincent, it is the second best choice, in the Association's opinion. Councillor A. Vincent felt that the Council and ��rouy�y the committee that has been working on the throughway should meet with the Highways Department and then meet again with a small group from the Association. The Mayor commented that is what the Council has said it will do. �OC�I!/OOG� In reply to Councillor Gould's query as to how pedestrian citizens could gain access to Rockwood Park without a by -pass over the throughway, Mr. Kincade explained that if the by -pass is not built Allison Drive remains as it and it is then just a matter of a ramp over the throughway which is a very • rf_/ v? 119sSe&, simple thing, maybe twelve feet high at the most to clear semi - trailers. He pointed out that the elevation of Seely Street would be fifty feet at least and that it would be unreasonable to expect children to climb any sort of a ramp that could reach to Seely Street. On motion of Councillor Cave In reply to Councillor Cave's question as to what alternate route the Association may have in . mind, Mr. Kincade stated the Association has a suggestion which it would be glad to submit if it can be treated as a suggestion. He stated they have had an engineer look the suggestion over, who says it is very feasible and the land is there to do it. He added that the Association is suggesting that the by- pass be relocated and not be put on the back side of Rockwood Court (they are not talking about the over- pass), and that if this by -pass were relocated there would be no necessity of all the traffic coming into Mount Pleasant and out again; if the by -pass is going to be relocated on the front side of Rockwood Court the Association can see nothing wrong with this because there is a throughway there anyway and it is not going to take away that much from Rockwood Court; the Association thinks there.is a good possibility of relocating the by -pass on the front side of Rockwood Court; then, they would be happy to see the structure up to the Seely Street - it does not make any difference. He stated that the Association does not think • that the by -pass is necessary, but if it is necessary, it thinks it should be on the front side, and not on the back side, of Rockwood Court; this would solve Rockwood Court's problems, and it also solves most of the problems because if it is incorporated in front of the Court it would be necessary to have the structure to Seely Street to join on. In reply to Councillor A. Vincent's question as to where the ramp would be placed to come down off the hill, Mr. Kincade stated you would go beyond the Allison Grounds and start the ramp beyond the Allison Grounds and not go through the said Grounds - at any point beyond the Allison Grounds there is plenty of land to make use of; you would come in on a second tier structure over the throughway. He stated that the suggestion that he submitted has been looked at by a competent engineer who has stated it is possible and he reminded the Association that second -tier levels are more expensive than grade levels, but Mr. Kincade thinks that maybe that has to be taken into consideration against the depreciation factor of the whole Mount Pleasant and Rockwood Court area - maybe it would cost another million dollars but how many millions of dollars in depreciation would be knocked off the said area, he pointed out. In reply to Councillor A. Vincent's question, he stated that the Association does not have strong objections to coming across from the Bank of Nova Scotia with a ramp; if a by -pass in any form is built, he felt it must be accepted that you must have a structure from Haymarket Square to the Seely Street -Mount Pleasant interchange. Councillor A. Vincent stated he accepts the concept that the structure should start back at the General Hospital boiler house where it originally was supposed to go, to permit ambulance traffic over from the old hospitals to the new hospital. Mr. Kincade stated that with respect to the ramp starting from the Bank of Nova Scotia and climbing up over the Fina station with 2y_ SS a supporting column between that and the tavern, and so on, as described by Councillor A. Vincent, it is the second best choice, in the Association's opinion. Councillor A. Vincent felt that the Council and ��rouy�y the committee that has been working on the throughway should meet with the Highways Department and then meet again with a small group from the Association. The Mayor commented that is what the Council has said it will do. �OC�I!/OOG� In reply to Councillor Gould's query as to how pedestrian citizens could gain access to Rockwood Park without a by -pass over the throughway, Mr. Kincade explained that if the by -pass is not built Allison Drive remains as it and it is then just a matter of a ramp over the throughway which is a very • rf_/ v? 119sSe&, simple thing, maybe twelve feet high at the most to clear semi - trailers. He pointed out that the elevation of Seely Street would be fifty feet at least and that it would be unreasonable to expect children to climb any sort of a ramp that could reach to Seely Street. On motion of Councillor Cave On motion of Councillor Cave Qua%�i obi / • o?Cee�, °t of Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of L�OIL/+!✓°�J� /%'A7- the City Manager, the lowest quotation received, namely, that of Barnes- Hopkins Ltd., in the amount of 51.89 per M., plus taxes, for printing 100,000 Saint John Tour Maps, be accepted. .aarhes- yon�r :n Zelve 1 Seconded by Councillor Gould RESOLVED that the letter from the City Manager, recalling that the formation of a Saint John Regional Industrial Development Commission involving municipalities in southwestern New Brunswick was referred to a Council committee for study, and in the interim until such ' regional approach became practicable, the Common Council considered and is reporting out from Committee of the Whole the recommendation setting up a Saint John Commerce & Industry Commission as a municipal commission, and advising that, thus, in order to complete to this stage the concept for Economic Devel- opment, it will now be timely to create a Saint John Port Development Commission and that approval of the Committee of the Whole recommendations relative to the resignation of the present members of the Saint John Port and Industrial Development Commission would then clear the way to complete the steps necessary for the creation and appointment of a new Port Commission and a new Commerce & Industry Commission; and further advising that as the Saint John Port and Industrial Development Commission was created by legislation the present Commission legally continues to exist until such time as the legislation is changed and it is, therefore, necessary for the members of the Commission to resign in order to clear the way for effective operation of the Council Commissions which are planned to continue and enlarge its role; and further advising that terms of reference for the two new Commissions are being finalized and studied and will be ready for adoption concurrently with the Council's approval of the appointments of the new Commissions, and that these two Commissions will be in line with the policies and structures at the present time, and should greatly facilitate the development of port, commerce and industry in Saint John -- be received and filed and as recommended therein, the Council create a municipal commission, known as the Saint John Port Development Commission, under the Municipalities Act, Section 4(3). On motion of Councillor Cave Qua%�i obi / • o?Cee�, °t of Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of L�OIL/+!✓°�J� /%'A7- the City Manager, the lowest quotation received, namely, that of Barnes- Hopkins Ltd., in the amount of 51.89 per M., plus taxes, for printing 100,000 Saint John Tour Maps, be accepted. .aarhes- yon�r :n Zelve 1 I U/7% oh Soil Zle. Ares Z? s/ es G% I^hoalr n • SeCnvw io,weSt ,dki So /� ieS�S 341. Councillor A. Vincent noted that the Union label is not affixed to printed material unless the City staff requests it be done by the bidder, and he was therefore asking that the City staff request the Union label be printed on the above mentioned tour maps. He added that the bidder in question is a Union shop. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that as recommended by the City Manager, approval be granted for payment of the invoice from Warnock Hersey International Limited in the amount of $2,021.94, for additional soils work on the proposed Millidgeville arena: AND FURTHER that the covering letter from the City Manager, advising that in clarification of the amount paid to the above named firm at the last meeting of Council for soils investigation, his previous report left the impression that the amount paid for soils only was $57,057.98 - this was in error; that amount is the total paid to date for all engineering for the arenas; the amount paid for soils work to that date was $10,683.20; the original estimate in November, 1973, was $7,000.00 and was based upon an estimated average depth of test borings - actually, the borings turned out to be deeper than estimated; the above further invoice is for work additional to that covered in the original 1973 proposal relative to the Millidgeville arena -- be received and filed. Councillor MacGowan recalled that at the time the soil testing was approved she questioned the depth of the boring contract, and she was assured that the depth was all right, and the City accepted this contract with the understanding that that was going to be the depth of boring. She suggested that the other firm would have gone deeper for perhaps no higher cost. Councillor MacGowan's recollection on this point was confirmed by Mr. Barfoot. He stated he has no explanation regarding the deeper borings except that according to the judgement of Warnock Hersey it was better to do so, in the up -shot. For the information of those Council members who were not on the Council at the time the bid was accepted, Mr. Barfoot recalled that three quotations were asked for and the total estimated cost of Warnock Hersey was the least of the three, at a figure of approximately $7,000.00, which was somewhat lower than the other two bids; the price was for drilling, based upon certain assumptions - at so much per foot - the total estimated cost was on so many footage of drilling - more footage of drilling was required, finally, than the firm's original estimate quoted - it was a set price per foot. Councillor A. Vincent asked that the City Manager supply Council with the information as to how many feet the (soil borings went down at the Millidgeville arena site. Councillor MacGowan stated she would like to ascertain the bid amount of the second lowest quotation and for how many feet of depth, so that a comparison can be made between those figures and the cost of the Warnock Hersey actual work at the Millidgeville arena site, to determine if it would have been less cost to accept the second lowest bid. Mr. Barfoot advised that the information concerning the other two quotations was not available at this meeting. On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that the matter be laid on the table until the above noted information is received by Council. Question being taken, the motion to table was lost with a majority of Council members voting "nay ", namely, Councillors Green, Pye, Davis, M. Vincent, Hodges, Gould, A. Vincent and Higgins. Question being taken, the motion for payment of the Warnock Hersey International Limited invoice was carried with Councillor MacGowan voting "nay ". Councillor Higgins asked that the Council be provided with the information requested by Councillor MacGowan regarding the comparison of quotations that were received for the soil testing of the.arenas sites. On motion of Councillor Kipping Seconded by Councillor A. Vincent RESOLVED that the letter from the City Manager submitting information regarding City use of crushed gravel for the period 1968 to November 26th, 1974 and the price paid tPePo/ re in each year for same, and the cost if the City were to purchase a plant equivalent to the one presently being ® ���� d / / - -_ used by Dexter Construction, and to operate a gravel crushing plant, as compared to the price paid in 1974 for crushing this material and to the average cost for the last seven years, and noting that it is apparent from J%'a7 pd? / �fJ'y these figures that the length of time a crusher is required in the City pit is not sufficient time to make it an economically viable proposition for the City to own the crusher and operate it, and also noting that these figures can change with an increased use and should be reviewed each year to determine when the City's picture changes substantially, and advising that the recommendation of the Executive Director of Operations, in which the City Manager concurs, is that the City not consider the purchase of a crushing machine, but rather continue to have its gravel crushed by others -- be received and filed. r/v Ilea o1' pzhllc. /6/0 Councillor Kipping withdrew from the meeting at this time, advising that he did so because of possible conflict of interest regarding the next item of business. On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the letter from the City Solicitor to whom was referred at the December 16th, 1974 meeting of Council a letter from the New Brunswick Telephone Company, Limited regarding payment by that Company to the City of $1,968.00 to cover payment in lieu of vesting public lands in the City under Section 25 of the Subdivision By -Law in which letter the Company is arguing that it is exempted from the provisions of the said by -law in that the land was purchased for the purpose of adding to its present land which lies adjacent -- advising that he has examined the correspondence, relevant legislation, and the plan submitted to the Planning Department by the Telephone Company, and it is his opinion from the information supplied to the Planning Department that the City was correct in asking for payment and applying Section 25 in this manner -- and further advising that while it is correct that an individual or Company is exempted from the by -law if an additional parcel of land is purchased for the purpose of adding to an adjacent portion, the plans in this case indicate more than that, and show the creation of a subdivision of land - in other words, the Company could dispose of the additional parcel recently purchased without further subdivision approval -- and stating that if the Company wishes to be exempted from the provisions of the by -law, he suggests that the Company resubmit another plan to the Planning Department showing the adjacent land and the additional two acres recently purchased as one lot of land -- be laid on the table until the Company, to whom a copy be referred, has had an opportunity to reply to the contents of same. Councillor Kipping re- entered the meeting. 34 2 S: #, IVo(Iis. of Aklei' cc /W". S. K> /fie / /y, q.C. Tay /or T. #/ D'.Briea /1/o "I'Vee: Ora R p veC//ae S'T Gen, L/dSP. On,motion_of. Councillor_,Higgins Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the Nominating Committee, the following persons be appointed to the Planning Advisory Committee for a term of three years from January 1st, 1975:- Messrs. Leonard Andrews, Robert Merzetti and John Barry. Confirmation was given by the Common Clerk that the above named persons were consulted regarding serving on the said Committee. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that as recommended by the Nominating Committee, the following named persons be appointed to the Power Commission of the City of Saint John for a term of three years from February 15th, 1975,:- Messrs. S. Roy Kelly, M. Taylor and J. W. O'Brien. The Common Clerk advised that the above named were contacted regarding serving on the said Commission. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the matter of nominees to the Board of Commissioners of the Saint John General Hospital be laid on the table for one week. "nay ", Question being taken, the above motion was lost with the majority of Council members voting The Common Clerk advised that the nominees submitted by the Nominating Committee, namely, Dr. J. A. MacDougall, Mrs. George Bate and Mr. Jack Stevens, were contacted regarding serving on the said Hospital Board of Commissioners, and two said they would accept - the third nominee wanted more information • and said if she did not get in touch with him, to leave her name on the list of nominees; in view of the fact that she did not get back to him, he therefore left her name on the list. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the name of Mr. Ora MacCollum be added to the list of nominees for appointment to the Board of Commissioners of the Saint John General Hospital. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that in view of the information given by the Common Clerk regarding the proposed nominee to the said Board of Commissioners, who did not get in touch with the Common Clerk to confirm the nomination, the matter now be laid on the table. Question being taken, the motion to table was defeated with the majority of Council members voting "nay ". Question being taken, the motion to add the name of Mr. MacCollum to the list of nominees for appointment to the said General Hospital Board of Commissioners, was carried. The Mayor advised that this matter will be dealt with, later in the meeting. On motion of Councillor Hodges Seconded by Councillor Gould je--IQV /S RESOLVED that in accordance with the recommendation of the Nominating Committee, Dr. E. R. Davis be appointed to the Board of Commissioners of the Saint John Regional Library • 9 for a term of three years from January lst, 1975• � On motion of Councillor Gould ( OA7MteN/L�(f i7_ flLk� Seconded by Councillor Higgins RESOLVED that as recommended by the Nominating Committee, the following persons be appointed to the Community Appeals Review Board, namely:- Messrs. Lloyd Goldsmith, ul `//� /�� �G h. William McMackin, James Orr, Deputy Police Chief Ronald H. Stone, and Councillor Joan Parfitt. TOrr, L'oah. f%priei rrtment�s S'T Eeh. //,40 /91 I riW C'om aiiSSiot,� 3)P P. % /�fac.7�aiye T. Sfeveas The Common Clerk advised that all the above named were contacted regarding serving on the said ' Board with the exception of Councillor Parfitt. He explained that he does not get in touch with Council members when they are nominated because the Nominating Committee matters are reviewed at a Council meeting. Councillor Parfitt confirmed that she is willing to serve on the said Review Board, although she is not conversant with the duties and functions of the Board. Councillor M. Vincent voted "nay" to the above motion, noting that he had once before, when the Nominating Committee brought in a report when the Committee had not contacted all the nominees, questioned such procedure. There being four nominees for three vacancies on the Board of Commissioners of the Saint John ' General Hospital, a ballot was taken at this time, with the following votes being cast:- for Dr. J. A. MacDougall 13 votes; for Mrs. George Bate 10 votes; for Mr. Jack Stevens 11 votes; for Mr. Ora MacCollum 5 votes. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that as recommended by the Nominating Committee, the following persons be appointed to the Board of Commissioners of the Saint John General Hospital for a term of three years from January lst, 1975:- Dr. J. A. MacDougall, Mrs. George Bate and Mr. Jack Stevens. • On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that the above noted ballots be destroyed. F_ 5'.<T. p,w� ,1 __AV1 C,O/rIM 0 /�ihte�h ,oer/rii C,�ysOi�- Ci �ON /firs` Ara -lc seh. �MP/x Fouhdafr i 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 343 Your Committee begs leave to report that it sat on December 30th, 1974 when there were present Mayor Flewwelling and Councillors Davis, Gould, Green, Hodges, Kipping, MacGowan, Pye, Parfitt and A. Vincent, and your Committee begs to submit the following report and recommendations, namely:- 1. That the members of the Port and Industrial Development Commission be asked to resign prior to creation of two individual commissions. 2. Under Section 34(3) (d) of the Community Planning Act, be it resolved that Mr. William Mintern be granted a progress building permit for the construction of a one - family property on Lot 7, Block 12, Todd Street, to be valid only until the roof is constructed on the building, provided Mr. Mintern agrees to deposit with the City the sum of $1,000.00 towards the cost of servicing the lot, to be payable before such permit is issued; to pay the balance of the cost of services, namely, $1,500.00, following construction of the roof on the building, failing which the City will issue no further building permit for the property, the required services will not be connected, and Mr. Mintern will forfeit the $1,000.00 deposited with the City: AND FURTHER that the Legal Department prepare the necessary legal document in this regard, and that the Mayor and Common Clerk be authorized to execute same on behalf of the City of Saint John. Respectfully submitted, 6th January, 1975, 11a; .Osgd.) E. A-.- Flewwelling, Saint John, N. B. ('r ' :.- Chairman. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that section 1 of the alcve report be adopted. Councillor A. Vincent enquired on what basis the appointments will be made to the new Commission, and if the Council is to make the nominations to the Commission. He noted that at the Port and Industrial Development Commission meeting a certain man commented that the persons have already been nominated. The Mayor replied that when this matter was brought up last week, the Council members said it would be the Common Council that would name the nominees, and there were to be nominees submitted by various organizations in the city - the Saint John Board of Trade and the Labour group. On motion of Councillor Green Seconded by Councillor A. Vincent RESOLVED that section 2 of the above report be adopted: AND FURTHER that the Committee of the Whole report be received and filed. On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that the letter from Mrs. Frances E. D. Emerson, President the Senator Emerson Foundation, asking that the Common Council consider a grant from the City to the Foundation the amount of $10,000.00 to assist in financing the series of World Wide Radio Programmes and television grammes which feature inspirational messages and music, be referred to the Grants Committee. Consideration was given to a letter from.Earthco Limited, whose: bid for pit run gravel, loaded at Pit East, at a rate of 85¢ per yard, was accepted by Council resolution of December 16th, 1974, which advises that during the year 1974 the company was successful bidder for the same item - however, the City did not make ® a single purchase of this particular material, and as this was the only item that the company was successful on for that particular tender and, considering the unlikelihood of sales of any magnitude to the City based on past experience, the company would appreciate having returned to it the $500.00 certified cheque which the City holds as tender deposit regarding the bid accepted on December 16th, 1974. Mr. Barfoot explained that the company put a bid in on a number of items and was successful on only one item and this particular item is one which the City does not anticipate using in 1975 - in 1974 because the City has a gravel pit in the eastern sector of the City it did not use any of the company's gravel supply. He added that in asking for the 1975 tender deposit back, the company wants to forfeit its contract for the supply of gravel out of its pit. He stated he would recommend that the said cheque be returned. On motion of Councillor Gould Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, the request made t�edi�eh by Earthco Limited that the 1975 deposit cheque which accompanied the company's bid for pit run gravel, loaded O$ /l� / at Pit east, at a rate of 8W per yard, which bid was accepted by Common Council resolution of December 16th, de ' e vs/el e 1974, be returned to the company which signifies that the company forfeits this contract, be complied with. Car /e%ri Cur /ih� �i'odn ey • � hS /o%t/�� oSe6UEr ;qa -A7ey Dist- s On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that the letter from Carleton Curling Club Limited on behalf of he Directors and members of the Club, calling attention to the fact that twice during the year 1974 the Club as experienced difficulties in normal operation because of flooding conditions in the area of Rodney and inslow Streets in Saint John West (in February 1974 and on December 9th, 1974 the Club was put out of operation ecause the overflow of water overran the ice surface) which two floods caused the company a loss of revenue nd also created increased expenditures because of the necessity of replacing and cleaning the ice surfaces, hich expenditures were in addition to the considerable inconvenience caused to the members of the Club, and rotesting against the lack of constructive action so that this problem will not occur again, and asking for nformation as to when the City expects to act on this serious problem which faces not only the Curling Club at also all the residents in the area, be laid on the table and the City engineers be asked to study the ituation and submit a report and recommendation for Council. Councillor Green stated that he is again asking that the condition of the sewer pipe in the vicinity Rodney Pier be investigated and reported on. Mr. Barfoot replied that the mouth of the pipe was not plugged; 344 A//Odd : h y �7 re4w .AIKoe /Vi f�i�op Govt. F /dod dd�' the flooding was caused basically by the high tide; the level of the tide is about five feet above the bottom of the sewer so that when the tide is in there is no room left in the sewer. He stated that a full report is to be made following completion of the investigation of this particular matter. The Mayor noted that Dr. Stephen H. Weyman, a former Mayor of the City of Saint John, was present as a spectator at the meeting. Councillor A. Vincent advised that a delegation from Glen Falls was present and wished to speak briefly regarding a problem. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the above noted delegation be heard. Mr. Kenneth Hobbs of 33 Walter Street advised that the residents of the area experienced a bad backing up of water a month ago, which was not run -off water, and this caused flooding conditions; in ,his own house, this situation ruined his furnace which cannot be used without creating smoke and fumes in the house which had been newly decorated including new carpets and tile on the floor, and he and his family cannot continue to live there without a furnace - he cannot pay the required money to provide a furnace as he is paying for the house. He stated that he was storing a new refrigerator in the garage while the kitchen was being remodelled, and it has been ruined, also, by the flooding; in addition, the pump in his cellar - the whole works - has been ruined. He stated that Mr. Pat Connors inspected the situation in his home; he contacted Councillor M. Vincent and Mr. W. J. Woodroffe, Member of the Legis- lative Assembly, and Mayor Flewwelling about the situation - and still the residents of the area have received no satisfaction at all. He stated that in today's mail:- a letter was received, describing the flooding as "an act of God ". He contended that the water was sewage water from the gates being blocked because of the fill that was dumped by the Canadian National Railways. He stated that in expressing these opinions he was speaking for himself and a few others in the area who are in the same situation as he and his family; he pointed out that they cannot remain in their home under the present conditions but they do not have the money to pay for accommodation at an hotel. He therefore asked that somebody inspect his home this evening, to see the condition of the furnace and the damaging effect it is having on the living room floor and on that room in general, and on the whole house. Another resident of the area stated that he had an estimate made of the damage to his house, which is close to $3,000.00. Councillor A. Vincent suggested that a state of emergency be declared regarding this area, concerning the people who were flooded out, and expressed the opinion that some real compassionate consideration should be given to their plight and the damages they have sustained. He noted that these people are looking to have the situation corrected and that measures be taken to try to prevent it occurring again. Councillor Parfitt noted that the Provincial Government was asking people to appeal to it in such situations. She enquired as to whether the letter mentioned by Mr. Hobbs was from Mr. Woodroffe. Mr. Hobbs replied in the negative, advising that the Provincial Government has said it will not pay for these damages. Mr. Bud Nickerson of Walter Street, advised that he called Mr. Woodroffe who was supposed to meet with Councillor M. Vincent, but Councillor M. Vincent informed him that they had no meetings - however, two telephone calls were made. He asked who authorized the Canadian National Railways to dump 100 loads of fill in the Marsh Creek when two 10 -foot pipes were put in there. He stated that on making enquiries, he was told that the City did so. The Mayor noted that the point Mr. Nickerson was making was that he was looking for accommodation and assistance, and Mr. Nickerson confirmed this, stating he received a letter today saying the City is not liable. He also stated that, as taxpayers, he wants to know what these residents are supposed to do in this situation. He stated that he has pictures of the sewer backing up. On motion of Councillor Pye • • Seconded by Councillor Green • RESOLVED that the Provincial Government be contacted to determine what assistance is to be extended by that Government to the residents of the Glen Falls area who sustained flooding damages in December, 1974. a75$ /5 LdI?C� At this time, Councillor A. Vincent handed to the City Solicitor the letter received by Mr. Nickerson from the City's insurance company in which liability is denied. Councillor M. Vincent noted that similar letters from this insurance company were also received by other residents in the Glen Falls area. He pointed out that the concern of these residents is a viable one and it is not something new - it was dealt with a month ago, and when he asked for a report on the matter he had a reason for it because he felt that if the Council had a report prepared by the staff and submitted to Council, the City would then be in a better position to make its approach to the Provincial Government. On motion of Councillor Davis Seconded by Councillor M. Vincent / RESOLVED that the letter received by Mr. Bud Nickerson of �L 4-5tGIWh ce Walter Street from the City's insurance company, denying liability on the part of the City (regarding G%� S the claim for flooding damages which occurred in December, 1974) under the insurance policy that the City holds, be referred to the City Solicitor for examination, to determine whether or not the said F /OOd� hgq company was correct in making this decision. Councillor Davis felt that the City should get together all the claims from the people in the Glen Falls area regarding the said flooding situation and determine whether or not the blockage was caused by the Canadian National Railways, and that the City should handle it for them. lhsccr�gce .Supt On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that a copy of the said letter received by Mr. Bud Nickerson the City's insurance company be sent to the Superintendent of Insurance for the Province of New swick, and to Premier Richard B. Hatfield, and to Mr. Robert J. Higgins, Leader of the Opposition. Councillor Kipping questioned what the Council would accomplish by doing what is proposed in motion, when the Council has not determined yet whether the letter from the insurance company is lly correct, or not. He suggested that the Council hold off doing anything like this until the 1 1 0 I r 345 report is received from the City Solicitor, and then the Council can decide what action to take. Councillor A. Vincent made the point that he feels strongly that the Common Council should be informed first, by the in- surance company, before the claimant is told, that a claim liability is being denied on behalf of the City. Councillor Cave withdrew from the meeting during the presentation by the delegation. Question being taken, the motion was lost with the Mayor and Councillors Kipping, Higgins, Hodges, Davis and Parfitt voting "nay ". Councillor Kipping felt that the defeat of the motion does not mean that the letter will not be sent - it would only be sent after the Council hears from the City Solicitor. The Common Clerk advised that there is an item of urgency, namely, a re- zoning application from Mr. John Secord, requesting that the present Transportation zoning classification of property at 141 -143 Broadview Avenue be changed to permit the erection of a single - family dwelling on this lot. He noted that the change in zoning is recommended by the Planning Advisory Committee. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the above noted item be placed on the agenda of this meeting. On motion of Councillor Hodges Seconded by Councillor M. Vincent e/OQh -a°COh RESOLVED that authority be granted to advertise the proposed re- zoning for Mr. John Secord of his property at 141 -143 Broadview Avenue from the present Transportation classifica- tion to residential classification to permit the erection of a single - family dwelling for occupancy by the owner. Councillor A. Vincent took exception to the recent remarks made by the President of General Bakeries concerning the work force in the City of Saint John -- as being "hard to get ", and so on, and asked that the Mayor consider instructing the Executive Director of Economic Development and some other City officials to • obtain a certified copy of those remarks. He felt that the principals of this company should be made, or requested, to retract that statement, which he feels was a very black statement concerning the said work force. He commented that the President of the company knew three years ago this firm was leaving Saint John, and that the company has a new plant in Dartmouth, Nova Scotia and received a large grant to move to that province. The Mayor replied that he will make note of this matter. On motion of Councillor MacGowan Seconded by Councillor Kipping RESOLVED that the letter from the Land Committee regarding the property at 39 Canterbury Street of the Power Commission of the City of Saint John, be added to the agenda of this meeting. On motion of Councillor Hodges ��a7h�GU%!7/h Seconded by Councillor Gould 1'2poer�j/�y RESOLVED that the letter from the Land Committee, to whom was referred 3 945gWter_ the letter from the Power Commission of the City of Saint John in which the Common Council on December 16th, 1974 was informed that the Commission's office building at 39 Canterbury Street will become surplus to the 6k ry st. Commission's requirements, stating that the Land Committee on January 6th, 1975 reviewed this matter and it was the decision of the Land Committee that it was not interested in the purchase of the property in question, be received and filed. 0 O twl wee Following a session in Committee of the Whole, at 10.30 p.m., the meeting of Common Council resumed, 4% ale in legal session. L E G A L Councillor A. Vincent recalled that when the Saint John General Hospital operation was taken over by the ,Province-of New,,iBrunswick, the hospital was owned by the City and County of Saint John and the Province in taking the property over did not pay anything for it. He stated it has been suggested to him that the Council might look into what happened to all the trust funds the hospital held and that the City of Saint John owns a lot of money in that, and that the City might get a surprise to learn how those funds have been invested or spent, those monies being owned by the City of Saint John and not by the hospital. Councillor A. Vincent stated his concern is that with the City's bank overdraft right now, the City might be able to use that trust fund money which he feels amounts to a sizeable sum. On motion of Councillor A. Vincent Len. Seconded by Councillor Hodges RESOLVED that the City Solicitor and the Commissioner of Finance be (! SO� /�'��d asked to give Council a report as to how much money is in the Saint John General Hospital trust funds so that & he Council can determine whether the said money is invested in the right way or whether it is available to the 0O/!/ • AI N City of Saint John. Mr. Barfoot submitted a report concerning the purchase of Lane's Bakery Ltd. property at 18 -20 Smythe U�h treet, which building was recently advertised by the City for demolition and the demolition contract awarded Men�u� r� by Council on December 9th, 1974 and the contractor (whose demolition contract with the City was executed by the Mayor and Common Clerk on December 10th, 1974) immediately proceeded to demolish the building without further ad or instruction - his haste in this case having been due to the fact that he had reckoned on ob- taining considerable salvage from the building that he was rapidly losing the salvage through pirates. The d report states that the Redevelopment Office staff was well aware of the question in the ownership of the building, but because of an anxious contractor and a new demolition procedure there was a communication gap wide enough for the building to be demolished - and steps have been taken to guard against such an occurrence re- occurring. Mr. Barfoot stated that the said building was demolished without the City first obtaining the executed deed of the property. A letter from the City Solicitor to the City Manager, dated January 3rd, 1975, gives the details of the reason the City did not receive the deed for the above named property, namely:- after the April 1st, 1974 Council resolution for purchase of this property for the sum of $57,500.00 the property purchase was processed through the Urban Redevelopment Office and on July 16th, 1974, a cheque was requisitioned from the Finance ZU`., Department and it was forwarded on August 19th, 1974 to Mr. Mark M. Yeoman, Q.C., the solicitor for the company, who had informed the City Solicitor when he contacted Mr. Yeoman after July 16th, 1974 with a view to closing Cj u 14v, the transaction, that the closing date for the transaction was July 1st, 1974 and since it was now beyond that date, he was taking the position that there was no valid Purchase and Sale Agreement and that his client was 346 a zyl so //; (%r6ar, o .S.7 14e %//'iu S &..?1 C /ai rr► 6 /of��. stated � /evaz�6rs f �6w /orrice �'ervice Po/ Nl.''Rec area requesting additional money because the Assessment Department of the Province had recently assessed the property,at approximately $85,000.00. The City Solicitor's letter states that the amount of the cheque forwarded to Mr. Yeoman was $56,451.50, to be held in trust, and that he requested the duly executed • deed; however, Mr. Yeoman did not forward the deed to him, but several conversations he had with the Redevelopment Office indicated that the assessment of the Lane's property would be reduced to an amount in the vicinity of the agreed purchase price between the City and the company; on December 30th, 1974 the City Solicitor received correspondence from the Redevelopment Officer indicating that the Provincial Assessment Department has agreed to reduce the assessment to $57,500.00 and that this information has been forwarded to Mr. Yeoman; On January 2nd, 1975, the City Solicitor wrote to Mr. Yeoman and again requested that he forward to him a duly executed deed, and pointed out to Mr. Yeoman that he now un- derstood that the assessment of the said property is being reduced. Mr. Rodgers stated that Mr. Yeoman telephoned him on January 3rd last after receiving the City ' Solicitor's letter and after what Mr. Yeoman had to say, Mr. Rodgers suggested that Mr. Yeoman submit it in writing to him - although he has not received the letter yet he probably will receive it on January 7th; on the telephone, Mr. Yeoman said he would settle this matter without taking any action by the purchaser paying $65,000.00. He noted that if that is submitted in the form of a letter by Mr. Yeoman, the matter then goes to the Partnership and if the Partnership approves it, it will come to Council - if the Partnership does not approve it, it will be discussed in legal session at the Council level, to discuss what action is to be taken. He added that Mr. Yeoman'will put a time limit for acceptance of his offer - probably a two -week time limit. I , Councillor A. Vincent stated that with regard to buildings that the City is calling for tenders to demolish after acquisition of such property, in future, before he will vote for calling for such tenders, he wants to see a form showing that there is an Agreement of Sale, and giving all other details, showing that the City owns the property prior to tearing the building down. On motion of Councillor Hodges Seconded by Councillor MacGowan RESOLVED that the above noted letter from the City Manager regarding the demolition of the Lane's Bakery Ltd. property at 18 -20 Smythe Street, be received and • filed. Councillor Gould asked that the Council receive a total report regarding the Titus Bakery flooding problem. He also asked for a report regarding the City Hall building with regard to instances where they did not build according to the building standards of the day. He stated he has been told that the fire doors into the main walkways are not up to par and he would like to find out how the developer got away with that, and if the developer did get away with it, if there is any recourse for the City at the present time. He urged that the present heat - activated push- button system on the City Hall elevators be changed, to avoid any trapping of persons in the elevators on floors of the building in the event of fires. In discussion of this subject, it was pointed out to Councillor Gould that in the case of fire, no person is permitted to use the elevators in the building. The City Manager was asked to look into the matter of having the policy changed with regard to the boundary for ambulance service, in respect to the approximately 23 homes located on the road beyond the Mispec bridge, to include these homes in the area that is serviced under the City's policy. With respect to the report asked for earlier in the meeting by Councillor Cave regarding the incident when an ambulance was called in the illness of his sister -in -law and would not go as far as her home, Councillor M. Vincent requested that the City Manager make sure a report is forthcoming to Councillor Cave. On motion The meeting adjourned. 41,� ommon C rk. • At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the thirteenth, ' day of January, A. D. 1975, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, Y F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, P. Clark, Fire Chief, E. Ferguson, Chief of Police, D. French, Director of Personnel and Training, D. Carter, Economic Co- Ordinator, H. Ellis, Budget Officer, A. Ellis, Building Inspector, and S. Armstrong, Engineer, Works Department A prayer, which opened the meeting, was invoked by Mr. Richard Gallie, Pastoral Assistant of • the Church of St. John and St. Stephen. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on 6th last, be confirmed. F, 347 /ec In reply to Councillor M. Vincent's question as to whether information is compiled as yet regarding the boundaries of the ambulance service response for the Mispec area, which was discussed at the January 6th • 7 0 meeting of Council, Mr. Barfoot stated there is nothing further to report at this time to what information he I gave at that meeting with regard to the limits of the said service; he added that he will have information to SePYI Ce submit for the next meeting of Council in this matter. Councillor M. Vincent noted that the people of the area had been accustomed to an ambulance service under the previous ambulance service structure, and that an explana- tion should be provided for them of the new boundaries of the said service. Councillor M. Vincent asked if a report will be available for the next meeting of Council with regard /eh f�f /s to the flooding situation in the Glen Falls area. Mr. Barfoot made reply in the affirmative. Councillor M. Vincent asked if any authority has been given for the establishment of a trailer park in the Anthony's Cove area. He noted that trailers have already been placed on the site. Mr. Barfoot replied opportunity that there has been no o y for approval to be obtained for the said park. Councillor M. Vincent � )J ,S commented that, in such case, the placing of the said trailers on the site was unauthorized. off✓ ✓ham. On motion of Councillor Cave Seconded by Councillor A. Vincent RESOLVED that the letter dated December 19th, 1974 from the City Manager, recommending that the Outer Tax Zones be gradually eliminated over the period 1976 to 1978 as set forth in his letter, and that garbage collection service and street light services in the Outer Tax Zones be extended, commencing January 1st, 1976 - -be again laid on the table, until the Council has had a thorough discussion on this matter. Question being taken, the motion was lost with the Mayor and Councillors Cave, A. Vincent, Green, Pye, and MacGowan voting "yea" and Councillors Gould, Higgins, Hodges, M. Vincent, Parfitt, Kipping and Davis voting "nay ". i On motion of Councillor M. Vincent Seconded by Councillor A. Vincent ® RESOLVED that the recommendations contained in the letter dated December 19th, 1974 from the City Manager, that the Outer Tax Zones be gradually eliminated over the period 1976 to 1978 as set forth in the said letter, and that garbage collection service and street light services in the Outer Tax Zones be extended, commencing January 1st, 1976 -- be rejected. Discussion ensued, during which Council members expressed the view that the subject requires thorough study by Council as there are many ramifications to be considered before reaching a decision on the proposals contained in the City Manager's letter, and that such study will require a period of time; further, the suggestion was made that the City Manager should submit an annual recommendation on such changes in the outer tax zone, as the areas develop, rather than submit his present report, in anticipation of such changes. /.7,)( ey?.i' /�Ol7eS 61 On motion of Councillor Davis . P ° Seconded by Councillor Higgins 00/y / 0.#7 RESOLVED that the above matter be laid on the table. ..Shee1t` /J /5x' / L l �J nay Question being taken,.the motion to table was carried with Councillors M. Vincent and Gould voting PJ Councillor Kipping suggested that, if possible, the Council hold a "teach -in" next Monday night regarding the said proposed Outer Tax Zone phase out and extension of garbage collection and street light services in the said zones. The Mayor agreed that this suggestion be followed. On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the City Manager, S�e�riiei7 approval be granted for payment of the invoice from Stephen Construction Company, Limited for supplying 1,007.41 • C'ohS�f L o, It of cold mix asphalt at $9.00 per ton, totalling $9,066.69, to the Works Department for the period December 16th to 18th, 1974. On motion of Councillor Pye Seconded by Councillor Green RESOLVED that as recommended by the City Manager, approval be granted for payment of the following invoices for equipment rental, namely: - / Chittick's (1962) Ltd. - to the Water and Sewerage Department December 1 -15, 1974 �n� /� (dated December 17, 1974) $ 3,136.00 /ZWZ4C/'(?� 4 D. Hatfield. Ltd. - to the Water Department December 1 -15, 1974 (dated December 18, 1974) $ 5,932.95 - to the Works Department December 1 -15, 1974 (dated December 18, 1974) $ 5,717.18 Councillor Gould voted "nay" to the above motion. On motion of Councillor Pye Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager, advising that with p/ regard to tenders for the electrical services in the screen chamber of Lorneville Western Industrial Water 7—SkP� /N Supply, which closed on December 3rd, 1974, the consulting engineers, Godfrey Associates Limited, have recommended eh 62. or the acceptance of alternative (2) of the Marine Industrial & Technical Sales Co. Ltd. for a lump sum price 1nA,4Y/7C' ?h41, of $9,725.00, and the Liaison Committee has approved the allocation of this work to the said bidder for the ,ax said Alternative (2), and the Works Department is in agreement with the recommendations -- and recommending the award of the said contract to Marine Industrial & Technical Sales Company Limited for a lump sum price of �O $9,725.00, be received and filed and the recommendation adopted. 6Er e /6�, Councillor Gould asked for an explanation regarding the difference between alternatives (1) and (2) services submitted by Marine Industrial & Technical Sales Company Limited. Mr. Barfoot stated that the second alternative proposed by the consultants deleted a number of items which were necessary for provision with future utility power connections -the consultants on reviewing the matter decided that we could live with the second alternative, 34S .0irena s Rocca �rs C'bnfracz`" / if as ,Si„ y14X,e 5if-I gone s 3.p ltd. C,j�j� S�C/tdh G'are �y for the moment. Councillors Gould and A. Vincent asked how long the second alternative would apply. Mr. MacKinnon replied that in the specification there was a section where we asked the bidders to bid on the specifications as outlined, or on an alternative if they had one; that particular section indicates • that the bidders could make an alternative bid based on their view of the situation; there was one company that made that bid; generally, we were looking for a gasoline fuelled generator which is water - cooled - in addition to that, it included a submersible pump, electric hoist and automatic load transfer switch and radiant liquid type heaters - this part of it was one of the expensive portions; as an alternate, the Marine Industrial & Technical Sales Company Limited bid first on what we specified and they also gave a second bid based on a gasoline fuelled air - cooled generator - in substitute for the radiant liquid type heaters they submitted a fin tubular heater - they also did not supply in their alternate the load transfer switch and there was no battery charger; the total with these items subtracted from it amounted to approximately $10,000.00 difference; the alternative bid was accepted by the consultants and , by the Liaison Committee. In reply to Councillor Gould's question, Mr. MacKinnon confirmed that what he is saying is,that Alternative (2) will do the job efficiently. Councillor Hodges asked what it would cost if this equipment had to be up- graded with all the parts that have been deleted in Alternative (2). Mr. MacKinnon replied that we are not expecting to up- grade it. With regard to Councillor Hodges' question as to how long the equipment could be expected to last before having to be replaced for parts, Mr. MacKinnon stated he cannot comment on the life of the equipment - he presumes it will stand the same life as the previous equipment except that it is probably not quite as sophisticated; if the City wanted to put in the parts of equipment that have been deleted under Alternative (2), the additional cost would be the difference between $9,725.00 and $19,980.00 (the latter being Alternative (1)). He added that the consultants and the Liaison Committee felt that the second alternative would do the job; the biggest portion was in the type of heat that was to be supplied to the facilities. Councillor Green stated that his concern is that what the consultants are recommending regarding Alternative (2) would definitely stand up. In reply, Mr. MacKinnon pointed out that the consultants are recommending to us and we have accepted the consultants' opinion, and so has the Liaison Committee accepted that opinion. In reply to Councillor Green's question as to where the said Marine Industrial & Sales firm is located, Mr. MacKinnon confirmed that this firm is located in.Saint John-.' Councillor Higgins asked if the tender call specifications made it clear that the bidders ad a chance to submit an alternative proposal. Mr. MacKinnon made affirmative reply, pointing out • hat it is part of the specifications; they were asked to list proposed substitutions and they had an pportunity to do that. Councillor Higgins noted that, therefore, O'Brien Electric Company Limited had he same chance to bid with an alternative as did the Marine Industrial & Sales company. Mr. MacKinnon tated that is correct; under the specifications, they did. Councillor A. Vincent enquired if this is a Department of Regional Economic Expansion project, how much the City of Saint John is paying towards the cost of this project. Mr. MacKinnon replied he believes the City is paying fifty per cent of the cost. Mr. Barfoot, in reply to Councillor A. ent's question as to whether this tender call was handled through the bid deposit of the City, stated it was processed through the City's tendering procedure. Councillors A. Vincent and Hodges voted "nay" to the above motion. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that the letter from the City Manager, dated January th, 1975, advising that since December 9th, 1974 when the Common Council approved the following resolution, ESOLVED that in accordance with the recommendation of the Arenas Committee report dated November 28th, 74, the Common Council accept the -Rocca Construction Ltd. proposal identified as 'D' in the said report a basis of a contract agreement for the construction of three City community arenas: AND FURTHER that e Arenas Committee be authorized to finalize the details of this proposal, and present a final contract commendation to Council. ", the Council Arenas Committee and City staff have finalized details as authorized, d contract documents prepared by the consultants, A.D.I. Limited, are now in the hands of the staff, ly signed by the contractor, and further advising that variations from the said proposal "D" submitted December 9th, 1974 to Council are as follows, "Minor plumbing changes; the inclusion of the building rmit cost; and the addition of brick facing as originally specified. ", and that the contract price with ese variations included is now $2,913,949.00 -- and recommending that the Mayor and Common Clerk be thorized to execute the above named contract in the amount of $2,913,949.00 -- be received and filed • d the recommendation adopted. Councillor Parfitt raised the question as to whether it is usual to include the building permit st, which she understands would be $6,000.00 on three million dollars of construction value in the ove matter, that is, does the City usually pay for the building permit cost. Mr. Barfoot advised that with regard to his letter of January 10th, 1975 which states that on April lst, 1974 the Common Council received and adopted a recommendation submitted by the Redevelopment Officer on behalf of the Urban Redevelopment Partnership to purchase the Lane's Bakery property (F -6 -19- 28) at 18 -20 Smythe Street in the amount of $57,500.00; that because of the lapse of time, the solicitor , for the said company did not agree to complete the transaction and discussions have been proceeding with a view to obtaining agreement on the matter; that Lane's Bakery Ltd. have now offered to settle compensation in the amount of $65,000.00 -- the Federal and Provincial levels of the Partnership have approved this revised figure, and the offer of Lane's Bakery Ltd. is open for acceptance by the City until January 15th, 1975. He stated that his recommendation is that the above mentioned property be purchased for the sum of $65,000.00 plus taxes, free and clear of all encumbrances. On motion of Councillor A. Vincent Seconded by Councillor Davis , RESOLVED that in accordance with the.recommendation of the City r, and further to Common Council resolution of April lst, 1974, the City approve the purchase of Smythe Street (F- 6- 19 -28) from Lane's- Bakery, Ltd. for the sum of $65,000.00 plus taxes, free and of all encumbrances - the approval of the Partnership of the said revised figure of $65,000.00 and having been obtained. On motion of Councillor Kipping Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor submitting a draft • ndment to the Garbage By -Law incorporating the amendments submitted by the City Manager and approved Council resolution of December 30th, 1974, be received and filed: I r 349 AND FURTHER that the by -law entitled, "A By -Law to Amend a By -Law to Provide for the Collection of Garbage in The City of Saint John ", be read a first time. ® Read a first time the by -law entitled, "A By -Law to Amend a By -Law to Provide for the Collection of Garbage in The City of Saint John ". On motion of Councillor Cave C�r6a9e Seconded by Councillor Gould RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law to Provide for the Collection of Garbage in The City of Saint John ", be read a second time. Read a second time the by -law entitled, "A By -Law to Amend a By -Law to Provide for the Collection of Garbage in The City of Saint John ". On motion of Councillor Hodges Seconded by Councillor MacGowan RESOLVED that the letter from the City Solicitor submitting a draft ltlfalD� C/ amendment to the Building By -Law incorporating the amendments submitted by the City Manager and approved by -(O>" Council resolution of December 2nd, 1974, be received and filed: AND FURTHER that the by-law entitled , "A B Y- Law to Amend a B Y- Law Respecting the Construction , Repair and Demolition of Buildings and Structures in The City of Saint John ", be read a first time. Councillor MacGowan proposed that Section 12 (5) (a) of the above by -law amendment be reworded in the first sentence thereof to read, "(a) All cellars and excavations which might be left in such a condition as to become a danger or an eyesore or unsightly to the public shall be backfilled to grade or shall be fenced in a manner satisfactory to the Building Inspector. ", and she recalled that the letter from the Civic Improvement and Beautification Committee that was before Council on December 2nd, 1974 noted that several excavations and foundations in the City are being left in a dangerous condition and it was suggested that the property owners should be required to correct such conditions if construction does not take place within a reasonable time; ® further, in the same letter from the Committee, the Committee expressed its concern with regard to subsection 8 (a) with the wording "adequately barricaded" and hoped that this would be to the satisfaction of the Building Inspector so that, where possible, attractive fencing would be required rather than just a form of barricade. She recalled that at that time, we were discussing not just dangerous properties but also, unsightly ones and we do not want barricades to be erected that would in turn cause an unsightly location; we want protection from that; there are many locations in the city where excavations have taken place and they are unsightly, particularly in a residential area. 0 0 Moved in amendment by Councillor MacGowan Seconded by Councillor Kipping RESOLVED that the letter from the City Solicitor submitting a draft amendment to the Building By -Law incorporating the amendments submitted by the City Manager and approved by Ca(/a� /oh Common Council resolution of December 2nd, 1974, be received and filed, and that the first sentence of Section /0 12 (5) (a) thereof be amended to read, "All cellars and excavations which might be left in such a condition as to become a danger or an eyesore or unsightly to the public shall be backfilled to grade or shall be fenced in a manner satisfactory to the Building Inspector. ": APP, MAP? AMR a! spick �'�airz`or/ AND FURTHER that the by -law entitled, "A By -Law to Amend a By -Law Respecting the Construction, Repair Demolition of Buildings and Structures in The City of Saint John ", as above amended, be read a first time. Mr. Barfoot explained that the only type of fencing contemplated regarding this by -law section is fety fencing, and not fencing to block the view; he felt fencing of unsightly premises is getting into a ightly different area. Councillor MacGowan noted that it was backfilling that was being discussed; the Civic provement and Beautification Committee would like to make sure that the sites are backfilled wherever possible. th regard to the amendment, Councillor Davis noted that backfilling some of these excavations can be extremely stly; he,questioned Section 12 (4) which provides that "in the filling of basements or large recesses only ick , =rtar and concrete shall be permitted, such fill to be covered by at least one foot of clean fill" cause in the case of a house measuring 50 by 100 feet, it could be 50 to 60 yards of fill material required, .ich he felt is strictly a waste. He stated that he also feels that the second sentence in Section 12 (5)(a) the amendment, "All temporary obstructions relating to the work shall be removed and all damage to sidewalks, ads and other public property shall be repaired to the satisfaction of the Building Inspector." is just as iportant and should take priority over the first sentence of the subsection. He felt that Section 12 (5)(b) arricades to the satisfaction of the Building Inspector shall be erected to prevent the public from entering .e area affected by demolition operations." should appear prior to Section 12 in the by -law because the barricades e erected before they are removed. He stated he would like to see the draft amendment referred back for On motion of Councillor Davis Seconded by Councillor Gould RESOLVED that the above named proposed amendment to the Building By -Law laid on the table for revision. Question being taken, the motion to table was carried. The Council members agreed that the revised include the amendments proposed by Councillors MacGowan and Davis. With reference to the letter from the Land Committee which advises that, further to Common Council resolution of October 15th, 1974 for purchase of property at 150 -160 Prince William Street from Maritime Security and Investigation Limited for $55,000.00 plus taxes and to be free and clear of encumbrances, the Committee was advised by the Legal Department that there is presently a lease in existence between the company and one William Stanton, which constitutes an encumbrance for five years, and that the Committee therefore would recommend rescinding of the said Council resolution, Councillor Davis advised that since writing the said letter the Committee has received a letter from Mr. Ralph J. Broderick, solicitor for Mr. Stanton, informing the Committee that the lease has been purchased by Maritime Security and Investigation Limited and that his client now has a month to month lease which can be terminated. He advised that Mr. Broderick's letter states that upon confirmation from the Land Committee that the City will grant to Mr. Stanton a month to month lease of the premises he presently occupies at 154 Prince William Street at the monthly rental of $50.00 which is the rent he is presently paying, the said month to month lease to contain a proviso that if at any time the City gives notice to Mr. Stanton to quit and vacate the premises, such notice shall be for a two -month period, free of rent for the said two months, in order to enable Mr. Stanton to finish the work he now has on hand and to remove his equipment and machinery from the said premises. Councillor Davis advised that in view of the contents of this letter he feels that the encumbrances have been adequately removed, and he asked that this item be withdrawn from the agenda, or, if the Council wishes, discussed. 350 iC sl ��iyii r. „_,.f.On,,mot,ion of Councillor Davis % _V—/6G Seconded by-Councillor Green • St RESOLVED that the above named letter from the Land Committee, which recommends rescinding of Common Council resolution of October 15th, 1974 for purchase of the property located at 150 -160 Prince William Street, be withdrawn from the agenda. Councillor M. Vincent asked if there has been a recommendation from the Building Inspector and the Fire Department that this building be demolished, and if it is the intention of the City to demolish the property after purchasing it. Councillor A. Vincent recalled that the property was before Council as a dilapidated building and withdrawn from the agenda; the Rocca Group had a bid on the property for $75,000.00 which it withdrew when Councillor A. Vincent explained to the Group that the City had an offer ' on the property, and the City bought it. He made the point that the City desires that the Federal Government locate a Federal building in the city and that the City should have three different sites to choose from as a site for the building. Councillor Kipping noted there is a possibility that by the City acquiring this property, Mr. Stanton will have free rent for an indefinite period of time. Councillor Davis noted that the Land Committee feels that the matter of acquisition of the property unencumbered is back to where it was prior to the writing of the above named letter by the Land Committee; however, if there is a change in the mood of Council in this matter, that is a different matter. Councillor MacGowan enquired as to whether the City is legally bound to purchase this property, now. Mr. Rodgers advised that if the Council is interested in rescinding the October 15th, 1975 resolution you get into all the details of the effect of a resolution passed several months ago and the steps that have been taken since then to remove the encumbrances, the resolutions passed by the Land Committee, the counter offer in return saying that the lease will be surrendered upon the condition that the City grant a month to month lease with two months termination - and that sort of thing. He pointed out that to discuss all that at the same time as discussing the question of is the City legally bound - these are two separate subjects. He stated he does not believe it is the right thing to enter into a discussion on the effect of whether something is not under seal or what the effect is if it is not under seal, and that sort of thing, because he does not know what the intention of Council is. He added that if the Council wants to get out of the said resolution, then he will give Council an answer to the question "Is Council legally bound ? ", if that is the Council's wish. Question being taken, the motion was carried with Councillor MacGowan voting "nay ". Further discussion ensued regarding the purchase by the City of the said 150 -160 Prince William • Street property. Mr. Rodgers advised that the transaction will be finalized on the basis that with regard to the leasing arrangement that the City is willing to go along with it now, which is a month to month lease, and two -month termination notice. He stated that, in his opinion, such leasing arrangement is not an encumbrance; the Council, if it so wishes, can give direction tonight that the two -month termination notice be given. He stated that with regard to the other encumbrances which exist, in the way of mortgages, the undertaking will be to pay that out of the cheque - therefore, it is just a question of finalizing the transaction - there is no reason to delay after the Council decision tonight. He pointed out, later in the discussion, that nothing has come in from the Land Committee through the Chairman for the City to enter into a formal leasing arrangement regarding this building and for the Mayor and Common Clerk to be authorized to sign the lease. ' On motion of Councillor Higgins / Seconded by Councillor Hodges RESOLVED that the matter of termination of the lease of the GU/ /ram building located at 150 -160 Prince William Street be referred to the Chairman of the Land Committee for a recommendation to Council, at which time the Mayor and Common Clerk would be authorized to execute the / 64 /pyJ lease. 4 w ` 9*,00J/ Question being taken, the motion was carried with Councillors MacGowan and Parfitt voting , ,rnay,r . On motion of Councillor Hodges Seconded by Councillor A. Vincent RESOLVED that the matter of the report from the Council Com- mittee to whom was referred the claim for damages made by Mr. Robert M. Waters, be taken from the Committee r,O�e �� /• of the Whole section of the agenda and considered at this time. , lWers • n ✓ Consideration was given to the report from the above named Committee, which states that in L O11T/r1" Vee October, 1971, the Common Council approved a recommendation from the Land Committee to pay $5,000.00 to /���0 /e obert M. Waters for a sewer easement and damage to loss of crops during that year; that at that time, W [discussions took place with respect to future damage as a result of the proposed construction of the ewer line; that the $5,000.00 for the sewer easement and loss of crops was never finalized as Mr. Waters A Councillor Kipping stated he feels that between the time the Council first approved the recommendation of the Land Committee for purchase of this property and the time that the Rocca Group made its proposal for the development of Market Square the circumstances changed, because it became pretty apparent from the Rocca proposal that the Federal Government was now only interested in the Market Slip site for the Federal building; therefore, he feels there is no point in continuing to try to interest the Federal Government in this Prince William Street block, and he does not think the Council should let the factor that the Federal Government may still be interested influence the Council in any way on this particular decision. Councillor Green noted that over the years the City has been gradually assembling properties in the said Prince William Street block, and that practically the whole block is now owned between the City and the Federal Government holdings, and that the City commenced assembling the properties with future development in mind. He stated that, to his knowledge, the Federal Government is still interested in this block, and he felt that if the City can get the Federal Government to build in this block we are on the right course, and that this would be a great benefit to the South End area of the city. Councillor A. Vincent advised that, as Chairman of the Federal Building Sites Committee, he wants to make it clear , that he has been in constant touch with the Federal Government Works authorities and they do not agree wholeheartedly with the Market Slip proposed site. He stated that the point the Council should make here is that in no way should it say that the Federal building has to go to any particular site; he pointed out that if the City does nothing else with the Prince William Street block when it acquires the rest of that block, it needs a parking lot and a rink for the South End, connected to the Saint John High School. He stated there is correspondence with the Provincial Government Department of Education which he believes is binding on the part of that Government, that the Provincial Government is interested in financial assistance. He stated that, knowing the feelings of the Department of Public Works and the feelings of the present Minister of Public Works, he does not think a Federal building will be constructed on the waterfront because it is not their policy. Question being taken, the motion was carried with Councillor MacGowan voting "nay ". Further discussion ensued regarding the purchase by the City of the said 150 -160 Prince William • Street property. Mr. Rodgers advised that the transaction will be finalized on the basis that with regard to the leasing arrangement that the City is willing to go along with it now, which is a month to month lease, and two -month termination notice. He stated that, in his opinion, such leasing arrangement is not an encumbrance; the Council, if it so wishes, can give direction tonight that the two -month termination notice be given. He stated that with regard to the other encumbrances which exist, in the way of mortgages, the undertaking will be to pay that out of the cheque - therefore, it is just a question of finalizing the transaction - there is no reason to delay after the Council decision tonight. He pointed out, later in the discussion, that nothing has come in from the Land Committee through the Chairman for the City to enter into a formal leasing arrangement regarding this building and for the Mayor and Common Clerk to be authorized to sign the lease. ' On motion of Councillor Higgins / Seconded by Councillor Hodges RESOLVED that the matter of termination of the lease of the GU/ /ram building located at 150 -160 Prince William Street be referred to the Chairman of the Land Committee for a recommendation to Council, at which time the Mayor and Common Clerk would be authorized to execute the / 64 /pyJ lease. 4 w ` 9*,00J/ Question being taken, the motion was carried with Councillors MacGowan and Parfitt voting , ,rnay,r . On motion of Councillor Hodges Seconded by Councillor A. Vincent RESOLVED that the matter of the report from the Council Com- mittee to whom was referred the claim for damages made by Mr. Robert M. Waters, be taken from the Committee r,O�e �� /• of the Whole section of the agenda and considered at this time. , lWers • n ✓ Consideration was given to the report from the above named Committee, which states that in L O11T/r1" Vee October, 1971, the Common Council approved a recommendation from the Land Committee to pay $5,000.00 to /���0 /e obert M. Waters for a sewer easement and damage to loss of crops during that year; that at that time, W [discussions took place with respect to future damage as a result of the proposed construction of the ewer line; that the $5,000.00 for the sewer easement and loss of crops was never finalized as Mr. Waters A 35 1. did not sign the necessary documentation in that he was not satisfied with negotiations being conducted by the City; that, recently, a Committee composed of Councillors Hodges and MacGowan was authorized to meet with Mr. Waters in an attempt to finalize this matter; that, while the sewer construction is now completed, Mr. Waters is now of the firm opinion that subsequent damage did take place, and he is prepared to accept the $5,000.00 for the sewer easement and 1971 loss of crops on the condition that a clause be contained in an agreement to leave open future negotiations with respect to damage to his property as a result of the construction; that as the Committee understands from the City Manager that damage has occurred and that the dispute with respect to settlement is in connection with the amount of damage, the Committee recommends that the Mayor and Common Clerk be authorized to execute the submitted agreement. Ca%jid9 /� On motion of Councillor Higgins Seconded by Councillor Hodges r7pa�i°R%�O7 RESOLVED that the Mayor and Common Clerk be authorized to execute on _,✓✓ behalf of the City of Saint John the submitted agreement with Robert M. Waters regarding settlement of his �?4DFpfeS claim for damages to his property and regarding expropriation of said property (on August 31st, 1971) for the purposes of an easement in connection with the construction of the Lakewood to Hickey Road sewer line: l�a��lej% AND FURTHER that the report submitted by the Council Committee in the above matter, be received and �io7i(26(lObG�' filed. #1�ck`e„ y / 7-1 During discussion of the above mentioned agreement's terms , Mr. Rodgers pointed out that, as he sees the letter, the City Manager has said there is some question of damage -so, the issue is over what is the amount. He added that if there is a disagreement on the amount that cannot be settled, it would be referred to arbitration which will be final and binding. He stated that once the Council authorizes the Mayor and Common Clerk to sign the agreement, it is recognizing some damage but it is not recognizing the amount of compensation for it. Mr. Barfoot advised that there is a certain amount of restoration of the property which the City has been unable to complete and so, there is an amount which is as yet undone; the restoration of the property he speaks of was occasioned by the disturbance caused by the pipeline construction through the property - landscaping work, et cetera. Councillor Davis asked how much damage Mr. Waters estimates has been done; he stated that the last he heard, it was over $30,000.00. It was noted that Mr. Robert M. Waters was present at the meeting. Councillor Davis commented that if the amounts of money that are being requested in this matter are similar to those that were asked two or three years ago, then we have not progressed at all in getting it settled. He asked if it means giving up $5,000.00, only to get into more trouble and arguments in the matter, or are we really progressing. Councillor Green warned that unless the claim is settled in one lump sum now regarding damage to crops, the sewer easement and the damages to property, the City would be leaving itself wide open in carrying the matter along to open future negotiations with respect to damage to Mr. Waters' property. Councillor Davis made the point that we are now in a position to assess the damage - in the past the damage could not be assessed as the construction had not taken place - and it is for that reason he does not think the City should pay piecemeal; he thinks we should assess the damage and pay the whole claim, to settle the matter once and for all. In reply to Councillor Nipping's question as to whether the City, under the terms of the draft agreement, would be paying $5,000.00 for damages done in the past and agreeing to leave the door open for any damages that may be caused in the future, Councillor Hodges stated this is not so, because the damage has already been done. Mr. Rodgers stated clause 3 of the agreement reads, "In addition to the payment to be made under paragraph 2 hereof, the City shall pay to the party of the second part an amount to be mutually agreed upon for any damages caused`to the said property as a result of the construction of the said sewer main. ", and he understands that construction has been completed. Councillor Kipping noted that clause 1 deals with further construction. Mr. Rodgers replied that it refers to going back to repair the sewer, and if the City causes any damage, it would be expected to pay for it. Councillor Kipping sought confirmation that this is all it relates to, and does not leave the door open for future negotiation on past damage; he stated he would not want to see it left open for future negotiation on past damage, as he would rather settle all claims at the one time; if it is for leaving the door open for negotiation for future damage, he feels it is a very reasonable clause and he could agree with it. Mr. Rodgers explained that the said clause is to leave the door open for negotiating on past damage. Councillor Gould had withdrawn from the meeting during the a£oregoing discussion. Question being taken, the motion was carried with Councillors Davis, Kipping and Green voting "nay ". ® Councillor Gould re- entered the meeting. On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that as recommended by the Land Committee, authority be granted to advertise the closure of an unnamed street (known as Murder Hill) which runs from Prince William Street to Water Street and adjoins 221 Prince William Street and which contains an area of approximately 4,700 square % feet as shown on the submitted plan. '�HM°?pYle6L On motion of Councillor Cave sta�pet Seconded by Councillor Green RESOLVED that in accordance with the recommendation contained in the letter from the Land Committee (which letter advises that on April 30th, 1973 the Council adopted a recom- mendation from the Land Committee to purchase a portion of land from the New Brunswick Publishing Company Limited for the sum of $9,735.00 and that due to the considerable delay in finalizing this transaction, the said company is requesting additional monies; and which also advises that the Committee has had discussions with representatives of the company and has negotiated a settlement of five per cent on the agreed price from cG� April 30th, 1973 to January 15th, 1975), the City pay an additional amount of $831.25 to cover the said negotiated five per cent interest. On motion of Councillor Higgins Seconded by Councillor Pye / RESOLVED that the report from the City Hall Building Committee advising 97pja/r/AN �a%b% that the Committee has conducted an art purchase in accordance with the Art Purchase Policy as set down by iCommon Council on December 18th, 1972; that the selections have been made by recognized New Brunswick professional artist s and by the Committee as well as by Municipal administration personnel from all civic departments for ® works to hang in various areas of City Hall and that the selections were reviewed and added to by the sub- committee of the City Hall Building Committee; and recommending that purchases be made according to the list submitted, and advising that funds are allocated in the 1974 budget for these expenditures -- be received and filed and the purchase of the said art works be ratified and paid for. 352 cln� rc Marl;/, f%h C�h� /fie /lam . S•nl. T• ��/aszern) .bus %�iha/ C��MM C�D/rl/Yl 1%744 reINP4 A6_�erApoe� /s n,C6h7MY I A�1�' Cfl�� • wgq�r� / - 45y, prr 3A, s.f rew.-7• ,r� /i ,7yer o st ST. ol%s fah: �otc hci/ i'bde,�riah �ot/iesay e C'oMm A/_Ai / %Pn re Shoal eoJ7�ro/ �Inr /Py Cres• ,55 PA/ cot7bv A motion proposed by Councillor A. Vincent to dissolve the City Hall Building Committee, was not seconded. He stated it was his intention to bring this as an item before Council. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that the letter from the Civic Improvement and Beautifi- cation Committee advising of the Committee's concern with the appearance of the uptown business district and that the Committee is studying ways in which the visual environment of this area can be improved, and that in view of the development on the north side of King Street and the extensive restoration work on the south side of the street the Committee would request that as a first step, the City should institute parallel parking on both sides of King Street, and that the Committee would further request that the officials of S.M.T. Eastern Ltd. be asked what their plans are for relocating the bus terminal from the said street, and advising that the Committee feels these changes would enhance the appearance of King Street as well as improving the traffic flow, snow removal and street cleaning in the area, be referred to the Transportation Committee and the Traffic and Safety Committee for their consideration and recommendation. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the report of the Water Appeals Committee for the year 1974, stating that the Committee feels there is a definite need for the continuation of this Committee as this is the only way in which consideration can be given to those citizens who are in indigent circumstances and that the Committee therefore recommends that the Common Council take the necessary steps for its continuance, be received and filed and the Committee thanked for its services, and that the matter be referred to the Nominating Committee with a view to continuing the Committee, to bring back to Council nominations to the Water Appeals,Conimittee with the right to amend the Water and Sewerage By -Law so that the said Committee can continue for another year. On_motdn of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Saint John Housing Commission regarding a housing development on Anglin Drive, be placed on the agenda of this meeting. On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that as requested in the letter from the Saint John Housing Commission dated January 13th, 1975, the said Commission be authorized to call for proposals for a housing development on an area of City -owned land, comprising approximately 24.9 acres north of Anglin Drive as shown on the submitted plan. On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that the letter from Councillor Parfitt seeking the approval of Common Council to organize a Prayer Breakfast in 1975, be received and filed and Councillor Parfitt, if she so wishes, be authorized to organize the said Prayer Breakfast. On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that the letter from the'Saint John District Labour Council requesting that a pedestrian traffic light be installed at the entrance to the new Canadian National Railways station on Rothesay Avenue for the protection of train passengers and Railways employees who cross Rothesay Avenue at this location, be referred to the Traffic and Safety Committee. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that the petition from residents of Morley Crescent, advising that during the recent snow storm of January 8th, 1975 no plough was used on that street until 3.10 p.m. and no families were able to use the street until that time, which would create a fire hazard, possible health hazard and loss of wages to some families; that during that period other streets in the area had been ploughed four and five times and the plough should have come down Morley Crescent at least once to open up a fire lane; that some families have contacted the City Manager's office, the Executive Director of Operations and the Works Department snow removal division in an effort to get the street cleared during that time and no concrete action was taken - -and requesting that the Council take remedial action to see that such service is improved in the future -- be received and filed and referred to the �iappropriate staff for a report to Council. Council members noted that the western and central sectors of the city also experienced 'iculties in snow control ploughing operations during the said storm. Councillor M. Vincent suggested perhaps Mr. MacKinnon had some information that could help to explain at this time why there was problem of snow ploughing in Saint John East, that would appease the residents of that section of city at the present time. Mr. Barfoot asked Mr. MacKinnon to give a brief summary of the circumstances surrounded the ploughing problems in Saint John East during the said storm. He added that he has a report from Mr. MacKinnon on this storm but he has not had an opportunity to make copies of that rt for Council. Mr. MacKinnon explained the procedure that is followed in snow ploughing and removal in the ur areas into which the city has been divided and the zones within those areas, and stated that it is ne on a co- ordinated basis, intended to handle the normal storm; however this particular storm commenced noon on January 7th with between one and three inches of snowfall during the afternoon, and between 00 p.m. and 10.00 p.m. another ten to twelve inches fell, with a total snowfall of eighteen inches en the storm ceased, around 2.00 a.m. on January 8th; even in those circumstances, there is a priority at is followed to clear main arteries first, and following that, the bus routes, sidewalks, and tersections, and doing the side streets and residential areas as we are getting through the main teries. He noted that although there were some complaints from other areas of the city besides the stern area, in general the western and northern areas were cleared so that people were able to drive. advised that there are eleven zones in the eastern area and eleven pieces of snow control equipment handle the zones, but five of these major pieces of equipment broke down, leaving only six pieces in eration, which meant that pieces of equipment from other areas of the city had to be moved in; con- 0 0 E 0 • r 35 3 n 9,07 opv eo�7-6-o f�/ ii oh re 00,P /d Ores, Councillor Gould felt that a programme of publicity should be accorded to the City's snow control operations, with a map in the newspaper and a list of the equipment to be used in the various sectors of the city, and when those sectors are to be ploughed, so that the citizens will be informed of the procedure to be followed when a storm commences. Noting that Mr. MacKinnon said his report to the City Manager refers to the problem of snow ploughing operations by service stations themselves which deposits snow from the service station areas out on to the streets, Councillor Gould asked if the City is going to enforce a by -law in this regard. Mr. Barfoot replied that this matter will be followed up, including pursuing the matter of imposing fines in cases of violations of the by -law, or taking the violators to court. Councillor MacGowan recalled that about five years ago it was brought to the attention of City staff that every year in the autumn markers should be placed at the fire hydrants. She stated she strongly urges that this practice be implemented as policy and not have to come before Council, and she noted that this would facilitate the clearing of snow from the fire hydrants, as well as avoid the damaging of hydrants in snow ploughing operations. Mr. MacKinnon replied that he has been investigating with the Fire Chief the possibility of obtaining a type of marker that would be durable. Councillor Cave discussed with Mr. MacKinnon the matter of snow control equipment that is assigned to the eastern sector of the city, and made the point that the only new pieces of equipment this sector of the city has had, in his opinion, is a payloader and a grader, and he expressed the view that the City failed to provide the replacements for equipment, that it should have provided; in addition, he suggested that the City did not have sufficient mechanics when the breakdown of these pieces of snow control equipment occurred in the recent storm. With reference to the question asked in the above named petition, Councillor M. Vincent asked what steps can be taken, if any, to improve the snow control system in that particular area in the future. Mr. MacKinnon replied that under normal conditions with maybe a foot of snow he thinks that the present system we have - and we are continually refining that system - is an operational system; however, under conditions of a snowfall of 18 inches of snow in eight to ten hours it was difficult to handle and he feels that the men did a fairly good job considering the circumstances; he stated that the system is being improved but if a similar storm occurs such as that of January 7th to 8th, we are again going to have a bit of a problem to handle that volume of snow. Councillor M. Vincent asked how much equipment there is for snow ploughing in Saint John East, was this equipment ready before the storm and was it available during the storm. Mr. MacKinnon stated that he does not have a breakdown of the total pieces of equipment for the city, to designate the number for Saint John East. He.stated that as far as the equipment is concerned that was ready, it was all operational before the storm - it was all operating; however, all of the equipment that we have with ploughs and wings - these are put on and taken off as we require -them when storms occur - that is, when the storm starts the wings and ploughs are put on the equipment; we were ready with this equipment as far as the weather forecast was concerned. Councillor M. Vincent asked if there was equipment taken out of the eastern portion of the city and used in other areas during the storm and leaving none in the eastern portion of the city. Mr. MacKinnon replied in the negative. Councillor M. Vincent then asked if the equipment was off -duty at the garage between the hours of 7.30 p.m. and twelve o'clock midnight on January 8th, and was not being used. Mr. MacKinnon stated that is correct, and explained that it was actually off -duty between 5.00 p.m and 11.00 p.m.; between that period of time the eastern crew had their first break after thirty -two hours of working and they went home; in the same period of time between 20 to 30 men were taken on from the Sanitation Department who were coming off their early morning shift and had only worked eight hours (they were equipment operators) and they went on equipment from the North End and from the centre of the city and worked out in Saint John East; it was not necessary to take the same men and put them on the Saint John East equipment. Councillor M. Vincent and Mr. MacKinnon then discussed the details of snow ploughing of the various streets, and the priorities and routes followed, particularl in the eastern sector. In reply to Councillor A. Vincent's query as to whether the Works Department needs more equipment, Mr. MacKinnon stated he would certainly take more equipment. Councillor A. Vincent felt that for the amount of equipment the City workmen had available to them and the amount of snow that fell within such a short period of time, they did an excellent job. He stated he would like the Executive Director of Operations to submit, through the City Manager, a report for the next meeting of Council stating what equipment is needed for the whole city. Councillor A. Vincent felt that when the City calls for tenders for equipment rental it should be specified that there should be some obligation on the supplier of such equipment that the trucks used in snow control operations should be available first to the City, or whatever equipment the City may need at any time for rental purposes. Mr. MacKinnon described the difficulty the City has in being supplied with rental equipment on short notice, particularly loaders with blades or loaders with buckets, because the contractors' equipment is in use by other customers. Councillor A. Vincent felt that study should be given to prohibiting winter parking on some of the narrow streets in the city to facilitate snow control operations. In reply to Councillor Green's question as to whether the City gets first choice in renting equipment from the contractor, Mr. MacKinnon stated the City gets first choice, if the equipment is available. He explained that most contractors do not have the equipment the City needs for the snow ploughing operations during a storm (for example graders, and loaders with ploughs); the City can operate mostly during the course of a normal snow storm with its own equipment, which equipment is meant as a help to its own equipment or as a back -up; if there is a breakdown of the rented equipment, it is hopefully towards the end of the storm and we would not need it and it could be laid off. Councillor Higgins stated he received many irate telephone calls regarding snow clearing operations at Exhibition Park which prompted him to obtain the following information from Mr. Barfoot and Mr. MacKinnon, "For the past three winter seasons the Exhibition Park have bought and used their own equipment, namely, a grader, loader and a truck with a plough; the City has not rented any equipment to the Exhibition Park for that period and, particularly, has not rented equipment during the most recent storm. ". Mr. MacKinnon stated that sequently, the zones of Forest Hills area, the McNamara Sub - division and the Lakewood area were behind quite badly in snow ploughing operations. With regard to the complaint to the Department made by the Morley Crescent ® residents that other streets were being ploughed, he pointed out that this street is in the area between Westmorland Road and Mountain Road which are two main arteries, and these two streets were getting ploughed as often as possible. He added that the upper section of Forest Hills did not get ploughed until as late as 11 p.m. or 12.00 p.m. on January 8th whereas Morley Crescent was ploughed around 3.00 p.m. He advised that men from the northern area of the city were brought to work at snow ploughing in the eastern area so that the men in that area could have a break in the long shift they had been working. With regard to the complaint received that City equipment was working at snow control at Exhibition Park, Mr. MacKinnon stated this was not true because Exhibition Park has its own equipment and has had it for the last three seasons, and the City did not do any ploughing at the said Park. He stated that the main reason for the delay in carrying out snow ploughing in the eastern area of the city was the breakdown of equipment and the extraordinary amount of snow that fell in a relatively short period of time. He noted that one of the difficulties experienced by the Works Department is returning the telephone calls from citizens, and that public relations is not necessarily a part of the operations of that Department although the Department has its own public relations in itself. He felt that probably a policy should be initiated when a situation arises such as the recent snow storm, that somebody take on the responsibility of notifying citizens of the procedure that is being followed in snow control operations including the towing away of cars that impede the progress of such ploughing and snow removal. n 9,07 opv eo�7-6-o f�/ ii oh re 00,P /d Ores, Councillor Gould felt that a programme of publicity should be accorded to the City's snow control operations, with a map in the newspaper and a list of the equipment to be used in the various sectors of the city, and when those sectors are to be ploughed, so that the citizens will be informed of the procedure to be followed when a storm commences. Noting that Mr. MacKinnon said his report to the City Manager refers to the problem of snow ploughing operations by service stations themselves which deposits snow from the service station areas out on to the streets, Councillor Gould asked if the City is going to enforce a by -law in this regard. Mr. Barfoot replied that this matter will be followed up, including pursuing the matter of imposing fines in cases of violations of the by -law, or taking the violators to court. Councillor MacGowan recalled that about five years ago it was brought to the attention of City staff that every year in the autumn markers should be placed at the fire hydrants. She stated she strongly urges that this practice be implemented as policy and not have to come before Council, and she noted that this would facilitate the clearing of snow from the fire hydrants, as well as avoid the damaging of hydrants in snow ploughing operations. Mr. MacKinnon replied that he has been investigating with the Fire Chief the possibility of obtaining a type of marker that would be durable. Councillor Cave discussed with Mr. MacKinnon the matter of snow control equipment that is assigned to the eastern sector of the city, and made the point that the only new pieces of equipment this sector of the city has had, in his opinion, is a payloader and a grader, and he expressed the view that the City failed to provide the replacements for equipment, that it should have provided; in addition, he suggested that the City did not have sufficient mechanics when the breakdown of these pieces of snow control equipment occurred in the recent storm. With reference to the question asked in the above named petition, Councillor M. Vincent asked what steps can be taken, if any, to improve the snow control system in that particular area in the future. Mr. MacKinnon replied that under normal conditions with maybe a foot of snow he thinks that the present system we have - and we are continually refining that system - is an operational system; however, under conditions of a snowfall of 18 inches of snow in eight to ten hours it was difficult to handle and he feels that the men did a fairly good job considering the circumstances; he stated that the system is being improved but if a similar storm occurs such as that of January 7th to 8th, we are again going to have a bit of a problem to handle that volume of snow. Councillor M. Vincent asked how much equipment there is for snow ploughing in Saint John East, was this equipment ready before the storm and was it available during the storm. Mr. MacKinnon stated that he does not have a breakdown of the total pieces of equipment for the city, to designate the number for Saint John East. He.stated that as far as the equipment is concerned that was ready, it was all operational before the storm - it was all operating; however, all of the equipment that we have with ploughs and wings - these are put on and taken off as we require -them when storms occur - that is, when the storm starts the wings and ploughs are put on the equipment; we were ready with this equipment as far as the weather forecast was concerned. Councillor M. Vincent asked if there was equipment taken out of the eastern portion of the city and used in other areas during the storm and leaving none in the eastern portion of the city. Mr. MacKinnon replied in the negative. Councillor M. Vincent then asked if the equipment was off -duty at the garage between the hours of 7.30 p.m. and twelve o'clock midnight on January 8th, and was not being used. Mr. MacKinnon stated that is correct, and explained that it was actually off -duty between 5.00 p.m and 11.00 p.m.; between that period of time the eastern crew had their first break after thirty -two hours of working and they went home; in the same period of time between 20 to 30 men were taken on from the Sanitation Department who were coming off their early morning shift and had only worked eight hours (they were equipment operators) and they went on equipment from the North End and from the centre of the city and worked out in Saint John East; it was not necessary to take the same men and put them on the Saint John East equipment. Councillor M. Vincent and Mr. MacKinnon then discussed the details of snow ploughing of the various streets, and the priorities and routes followed, particularl in the eastern sector. In reply to Councillor A. Vincent's query as to whether the Works Department needs more equipment, Mr. MacKinnon stated he would certainly take more equipment. Councillor A. Vincent felt that for the amount of equipment the City workmen had available to them and the amount of snow that fell within such a short period of time, they did an excellent job. He stated he would like the Executive Director of Operations to submit, through the City Manager, a report for the next meeting of Council stating what equipment is needed for the whole city. Councillor A. Vincent felt that when the City calls for tenders for equipment rental it should be specified that there should be some obligation on the supplier of such equipment that the trucks used in snow control operations should be available first to the City, or whatever equipment the City may need at any time for rental purposes. Mr. MacKinnon described the difficulty the City has in being supplied with rental equipment on short notice, particularly loaders with blades or loaders with buckets, because the contractors' equipment is in use by other customers. Councillor A. Vincent felt that study should be given to prohibiting winter parking on some of the narrow streets in the city to facilitate snow control operations. In reply to Councillor Green's question as to whether the City gets first choice in renting equipment from the contractor, Mr. MacKinnon stated the City gets first choice, if the equipment is available. He explained that most contractors do not have the equipment the City needs for the snow ploughing operations during a storm (for example graders, and loaders with ploughs); the City can operate mostly during the course of a normal snow storm with its own equipment, which equipment is meant as a help to its own equipment or as a back -up; if there is a breakdown of the rented equipment, it is hopefully towards the end of the storm and we would not need it and it could be laid off. Councillor Higgins stated he received many irate telephone calls regarding snow clearing operations at Exhibition Park which prompted him to obtain the following information from Mr. Barfoot and Mr. MacKinnon, "For the past three winter seasons the Exhibition Park have bought and used their own equipment, namely, a grader, loader and a truck with a plough; the City has not rented any equipment to the Exhibition Park for that period and, particularly, has not rented equipment during the most recent storm. ". Mr. MacKinnon stated that 354 S,o oof/ eoh-'rol Rlorlrs 3§01" Re- zohir,9 00, /7 the Exhibition Park during the summer wanted to rent on a Saturday.or a Sunday (it may have been during the time the Atlantic National Exhibition was held) a City -owned street sweeper, and this piece of equipment may have been rented to the Park at that time. On motion of Councillor Higgins Seconded by Councillor Parfitt RESOLVED that the Common Council extend to the members of the Works Department a vote of thanks for the wonderful job they did in snow control operations during the snow storm which occurred on January 7th and 8th last. In reply to Councillor Parfitt's enquiry as to how much is spent during a storm such as the one which occurred on January 7th and 8th, 1975 in clearing streets and the cost of labour and extra costs. Mr. MacKinnon replied that we normally budget for just street ploughing and clearing in the wintertime, approximately $24,000.00 for the week; with regard to this particular storm, we were spending on the average $7,500.00 or $8,000.00 a day during the storm just for street cleaning, which put the expenditure well over the budget figure. With regard to the amount of money that is spent after a storm, he pointed out that we are now involved in the pot -hole season and there is nothing we can do to correct the situation of pot -holes except that we have a hot -mix patching material that will fill these holes on a more permanent basis than the cold -mix material. He stated that motorists should be aware during the pot -hole season that they should drive at lower speeds than 30 m.p.h. and probably drive at speeds of 15 m.p.h. or 20 m.p.h. wherever they know there are pot- holes. On motion The meeting adjourned. c6mm6n Cie r . At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twentieth day of January, A. D. 1975, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, A. Ellis, Building Inspector, P. Clark, Fire Chief, M. Zides, Municipal Planning Director, D. French, Director of Personnel and Training, S. Armstrong, Engineer with the Works Department, and C. E. Nicolle, Director of the Recreation and Parks Department The meeting opened with silent prayer. The Mayor welcomed to the meeting members of the Married Couples Club of St. Luke's Church, and any other group who were present as spectators. The Common Clerk advised that advertising took place, and no written objections were received, with respect to the proposed amendment of the Zoning By -Law to re -zone for H. M. Hopper Company Limited an area of land situate on the south side of St. James Street. No person was present to offer comment regarding the said proposed re- zoning. On motion of Councillor Green Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land situated on the south side of St. James Street, commencing at the intersection of Crown Street and extending westwardly a distance of approximately 500 feet on St. James Street, being the former Eastward Industries site, from "EM-l" Multiple Residential district to "T" Transportation district, be read a first time. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint and Amendments Thereto ". On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the by -law entilted, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land situated on the south side of St. James Street, commencing at the intersection of Crown Street and extending westwardly a distance of approximately 500 feet on St. James Street, being the former Eastward Industries site, from "RM -1" Multiple Residential district to "T" Transportation district, be read a second time. n U • • F_ • Re-xo,i71 C'ohsth�cc°% IhS-zov, , 67ar /e %v Uh� i�e6C C/iur�L! s4a -aeie, Seu/e/ e rna�et�ia /s tai /e, next /y/Ot�loh� F /vo�li n� 355 Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". The Common Clerk stated that with regard to advertising which was done for the proposed amendment to the Zoning By -law to re -zone for Starlight Construction Ltd. an area containing approximately 44 acres of land located to the rear of properties fronting on Ocean Westway and immediately to the west of the Spruce Lake School, no written objections have been received. It was noted that no person was present to make comment with respect to the said proposed re- zoning. On motion of Councillor Green Seconded by Councillor MacGowan RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land to the rear of properties fronting on Ocean Westway and immediately to the west of the Spruce Lake School, containing approxi- mately 44 acres, from "RS -2" One -and Two - Family Suburban Residential district to "R -2" One- and Two- Family Residential district, "RM -1" Multiple Residential district and "B -1 "Local Business district, be read a first time. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land to the rear of properties fronting on Ocean Westway and immediately to the west to the Spruce Lake School, containing approxi- mately 44 acres, from "RS -2" One -and Two- Family Suburban Residential district to "R -2" One- and Two - Family Residential district, "RM -1" Multiple Residential district and "B -1" Local Business district, be read a second time. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". The Common Clerk advised that advertising took place relative to the proposed amendment to the Zoning By -Law to re -zone for Carleton -Kirk United Church an area of land situated west of King Square, Saint John West, lying between Duke and Prince Streets, and that no written objections were received. It was noted that no person was present to offer comment regarding this matter. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land situated west of King Square, Saint John West, between Duke and Prince Streets, from "P" Park district and "R -2" One- and Two - Family Residential district to "RM -1" Three - Storey Multiple Residential district, be read a first time. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land situated west of King Square, Saint John West, between Duke and Prince Streets, from "P" Park district and "R -2" One- and Two - Family Residential district to "RM -1" Three- Storey Multiple Residential district, be read a second time. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the City Manager (whose letter advises that the sub - division agreement dated April 24th, 1970 between Scott Bros. Ltd. and the City of Saint John requires that the City pay for water and sewer piping materials), authority be granted to pay Scott Bros. Ltd. the sum of $3,350.30 for sub - division materials for sanitary and storm sewers on Grandview Avenue and for the connection to Sherwood Drive -Ian Street services. In reply to Councillor M. Vincent's queries as to whether the above mentioned materials comprise the actual pipe laid on Ian Street by Scott Bros. Ltd., and if this pipe has been laid to the satisfaction of the City staff, Mr. Barfoot confirmed that the said materials comprise a portion of that pipe, and that the staff has recommended this invoice for payment. Councillor A. Vincent asked if this pipe has been examined and passed by the City staff. He contended that it has not been passed. Mr. Barfoot stated that he did not have the exact answer to that question with him at the meeting. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the invoice from Scott Bros. Ltd. in the amount of $3,350.30 for subdivision materials used on Grandview Avenue and for the connection to Sherwood Drive -Ian Street services be laid on the table until the Common Council is informed as to whether or not this pipe has been examined and passed by the City staff. Question being taken, the motion to table was carried. Councillor Cave asked that when the City Manager brings in the above requested report that he also whether or not the storm problem on Ian Street (where there was a flooding problem) will be looked after. On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that the letter from the City Manager advising that Mr. Frank 356 Frwh/r 006dy sa /ary �Aar6 our s Thera/ Sz�ort ,E,.13ar6our clwe <aot e�� /Dyed over 65yrs• 6y�'c 9y) %/r/S 1J0 .ZXW A1:71 - .FXCalio� /ori a �' /and (�- 'rave/ Zvi is ,ohih9 oe/of l?�j.'�oa '0 Xy- hs. Causeui�y Doody has been managing Barbour's General Store for the City for a number of years and his salary has been budgeted for; that, however, as he is beyond the compulsory retirement age for City employees, and _ as his talents continued to be required for the successful operation of the said Store, an arrangement was made with the G. E. Barbour Co., Ltd. for Mr. Doody to be placed on their payroll and for the City to reimburse the company for this cost which is for Mr. Doody's services which extended from May until October, 1974 and included a substantial amount of overtime; and recommending that the Common Council approve payment of the submitted invoice from G. E. Barbour Co., Ltd. in the amount of $3,120.00 for the said management services rendered by Mr. Frank Doody during the summer of 1974 -- be received and filed and the recommendation adopted. Councillor A. Vincent asked if the City is just doing the above each year to circumvent the collective agreement. He stated that he would like a City payroll cost breakdown of what G. E. Barbour Co., Ltd. is charging the City for carrying Mr. Doody on its payroll. Mr. Barfoot relied that the cost is $124.80. Councillor A. Vincent expressed the view that, next year, the City should hire this man on a consulting or temporary basis in this job, and thus follow the proper procedure as well as saving that amount of money. Explaining we were in the position of requiring the Store to be operated in 1974 with the expert service of Mr. Doody and G. E. Barbour Co., Ltd. were kind enough to agree to this arrange- ment. He added that the City will attempt to look at other arrangements for 1975• Councillor A. Vincent stated that his point is that the City, as a good employer, should not try to circumvent the collective agreement. He agreed that Mr. Doody is a good person to have, but that the City should hire him on a contract basis for the same amount of money, and do it above board, employing good labour relations. Councillor Hodges expressed his concern that the policy must be followed that the City's employees must be under the age of sixty -five years at all times. He stated he will agree that Mr. Doody get paid for this particular time. Mr. Barfoot pointed out that it is the Pension Act, and not the collective agreement, which governs the age limit. Councillor Hodges stated that, regardless of what method you use, the point is that the persons hired must be under the age of sixty -five years, and this point must be kept in mind. On motion of Councillor Kipping Seconded by Councillor Higgins RESOLVED that the report from Councillor Kipping, Chairman of the its and Excavations Committee, advising that the points that were raised regarding the proposed amendments o the Zoning By -Law (excavation of land) by the Saint John Construction Association during its meeting ith the Common Council have been resolved, and reviewed by the Municipal Planning Director and the City elicitor, and that the necessary amendments to the Zoning By -Law are submitted with the Committee's etter for such readings as the Council may see fit to give them at this time -- be received and filed nd authority granted to advertise the said proposed amendments to the Zoning By -Law. On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that as recommended by the City Manager, authority be iven for payment of the following construction progress certificates and approved invoices for engineering ervices in connection with projects that were undertaken under the Department of Regional Economic xpansion programme:- Courtenay Bay Causeway (a) A.D.I. Limited Engineering Services for Western Approaches Payments previously approved $ 129,785.92 Sum recommended for payment, Progress Estimate Number 31, October 30, 1974 $ 7,540.13 • • 1 • (b) A. J. Callaghan & Associates Limited TCa //� Ap Engineering Services for Western Approaches 19 /� /QSxOC. /C �� Payments previously approved $ 102,060.48 Sum recommended for payment, Progress Estimate Number 33, January 2, 1975 $ 7,946.00 (c) Goodyear Paving Limited n Construction of Eastern Approaches Y ��� Total value of contract $ 671,856.00 7(A// .47 Gr Total work done, Estimate Number 8 631,140.43 J Retention 94,686.06 Payments previously approved 479,719.83 Sum recommended for payment, Progress Estimate Number 8, December 27, 1974 $ 56,834.54 2. Bayside Drive Reconstruction and Extension e .2�?%• (a) Phase III - Bayside Drive �p ✓Oh% Goodyear Paving Limited r�EC Total value contract $ 312,032.00 Total work done 162,175.35 Retention 15% 24,326.30 Payments previously approved Nil Sums recommended for payment: Progress Estimate Number 1 for September 1974 37,116.27 Progress Estimate Number 2 for October 1974 45,589.78 Progress Estimate Number 3 for November 1974 51,043.00 Total $ 133,749.05 (b) Phase II - Bayside Drive Railway Overpass � O/ Callaghan Contracting Limited Total value of contract $ 247,404.00 Total work done 256,204.87 Retention 15% 38,430.73 Payments previously approved 204,440.61 Sum recommended for payment, Progress Estimate Number 9 for November 1974 $ 13,333.53 3• Hazen Creek Sewage Treatment Plant Godfrey Associates Limited Engineering Services meirc� PZ7,47t- Payments previously approved $ 15,247.06 /lOd /she 1ssee f7 Sum recommended for payment, Certificate Number 27 $ 2,204.42 7 y I-e-00, • • 1 • I 1 op<iPVi/, (W/,;. _Z-Am •6f/er.Slo • Sem C'i rci�'e /s C'�useura C�OiI%OW�z rt-QYe l oeA -yep C shut ,5 Ss7 oGf% Co h�i^o/ rePa ' �s9t�rii.SiJij F oddi h� ca/"6e3 L Lorneville Western Industrial Water SuDDl (a) Godfrey Associates Limited ,•;1 t:r c ��fi��i�rs'59eSV R!i5sapproved Sum recommended for payment, Invoice Number 5548, December 31, 1974 (b) Supply and Delivering water pipes, Contract Number 3 Canron Limited Total value of contract Total value of work done Retention Payments previously approved specials and accessories Sum recommended for payment, Certificate Number 7, dated December 4, 1974 5. T4ilford7Randolph,7Gxeendale Collector Sewer Giffels Associates Limited Engineering Services Amount previously paid Sum recommended for payment, Estimate Number 38, Invoice 22982 dated January 10, 1975 $ 714.25 $ 384,287.48 367,656.97 Final 346,349.95 $ 21,307.02 $ 117,257.01 $ 1,698.29 .. r 357 In reply to Councillor M. Vincent's question as to whether the penalty factor has been involved in the figures submitted for payment in the above matter regarding the Courtenay Bay causeway, Mr. Barfoot stated that there is a penalty clause in the contract and the contractor is obligated under the terms of the contract; the imposing of any penalty would be at the completion of the contract, rather than on a piecemeal basis during the time the contract work is being done; the amount of the penalty will be watched carefully. Councillor A. Vincent stated he would like to be supplied with the details of the penalty clause provisions about which the above discussion took place; also, he would like to know if it was the contractor's fault. He asked that all Council members be provided with this information for the next meeting of Council. He asked that the requested report also include information as to when the third lane is to be provided on the causeway, having regard to the fact that both the eastern and western approaches to it have three lanes of traffic, while the centre at the present time has only two lanes. In answer to Councillor Green's question as to an estimated date for completion of the causeway approaches, Mr. Barfoot stated that the eastern approaches are going reasonably well; the concrete deck is now poured and the majority of the work on the fill on the surface is now done; some concrete work will be done during the winter months on the deck and guardrails, but the grading, paving and other finish work will not be done until spring. On motion of Councillor Hodges Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the City Manager, approval be given for payment of the invoice dated January 3rd, 1975 from D. Hatfield, Ltd. for equipment rental, in the amount of $4,484.14, to the Works Department for the period December 16th to 31st, 1974. On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice dated January 7th, 1975 from Dexter Construction Limited in the amount of $11,732.85, for crushing gravel during the period November 1st to December 31st, 1974. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager, submitting the complete report of the Executive Director of Operations, .regarding snow ploughing and removal, further to the verbal report giver, by that Director to Council on January 13th last, be received and filed. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the report for December of the Fire Department, be re- ceived and filed. On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that as requested by the City Manager, authority be granted to the Mayor and Common Clerk to execute on behalf of the City of Saint John the required Memorandum of Agreement with each student intern and with the University of New Brunswick in Saint John in connection with the University of New Brunswick in Saint John Urban Internship Programme. On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the report from the City Manager, submitting a report from the Executive Director of Operations which details progress that is being made in the preparation of a complete report on the flooding which ensued from the storm of December 9th, 1974 and caused flooding of the Marsh Creek area, and noting that there are a large number of factors which affect the severity of flooding in the said area, and that the engineers are attempting to determine whether there are any causes contributing to the severity of the flooding, other than the rain, the tide, and the channel conditions -be received and filed and a copy of the said interim report be sent to the delegation that is to appear at this meeting on the same subject. Councillor A. Vincent asked when the Council is going to meet with the Canadian National Railways regarding the work the Railways did in the Marsh Creek area. He stated he feels that the Council should give serious thought to establishing the Greater Marsh Commission again. The Council members noted that the report e L1��[�(1 35 S 1 6?lehI /�sarea 17i /a�oi 9• G'eol�e ✓ ^�'o� .7ose�ihe A.,C1hehS6a A �bwer C�im, Charlie from Mr. MacKinnon to Mr. Barfoot states that the City's consultants, Proctor and Redfern Ltd., were asked to prepares, a report on the flooding conditions of December 9th, 1974, and to indicate the probable causes; it is anticipated that this report should be ready in another week (Mr. MacKinnon's letter is dated January 17th, 1975) and can then be submitted to Council for its consideration. Councillor Pye stated that, according to the said consultants, one of the major contributing factors to this flooding situation is the extremely defective tidegate which permits the inflow of millions of gallons of water at the high tide flood periods. He advised that it is his view that this is one of the things that should be attacked, first. Mr. Barfoot advised that with respect to the report that is being prepared, the flooding of the Marsh Creek is not a problem involving a look at one culvert or one bridge, or one lake - it is a problem of great magnitude; we have already had a report on it which put the cost of remedial work at five million dollars; the engineers now are looking again at the most recent storm to find out if the Creek has changed any in the last year, to determine what works now are the most urgent for a recom mendation to Council for action; we are not expecting to get the from the consultants for another week - the report has to be examined as far as costs and priorities are concerned, and he estimated that it would be two to three weeks before a complete report with recommendations will come back to Council. Councillor Davis noted that the report that the City received some time ago from Proctor and Redfern lists the defects in the drainage system and there are two alternatives, the first of which would correct sixteen flaws - the second, eighteen flaws. He stated that after studhing the report many times, he thinks that the greatest restriction in the whole channel is a little wooden bridge leading to Mackay Forest Products Ltd.; there is leakage through the causeway and at the gates; the Creek is a mess, itself; there are eighteen very serious things, all of which should be cleaned up, but the most important thing is the fact that Glen Falls is at an elevation lower than the high tide in Courtenay Bay; there are situations where it would be impossible to drain Glen Falls and Rothesay Avenue - the only possibility is to create storage dams (a 250 -foot storage dam at Glan Falls, and a couple of other storage dams) and these are very expensive things; the only thing to do is to hold the storm drainage back until the tide goes down; he felt that the major solutions that have to be undertaken are away off in the future. The Mayor noted that, in the meantime, we can be cleaning out those things that have been a hindrance to the flow of water. Councillor A. Vincent asked who owns and is responsible for the Marsh Creek. Mr. Barfoot advised that all water courses in the Province come under the jurisdiction, as far as altering and obstructing the flow, of the Province's Department of Fisheries and Environment. Further to the question as to who owns the Marsh Creek. Mr. Barfoot pointed out that the Creek is entirely within the City of Saint John. Councillor Kipping pointed out that it does not matter who owns the Creek - the Federal Government controls the course of the flow of water in it. Mr. Barfoot stated that he cannot fully answer the question regarding ownership of the Marsh Creek. The Mayor commented that this matter will be thoroughly checked out. Councillor M. Vincent expressed the hope that the Council members will not make a decision regarding this flooding problem before receiving the anticipated report from the consultants. He asked if anybody from the Provincial Department of Fisheries and Environment approached the City after the said December 9th, 1974 flooding. Mr. Barfoot made affirmative reply. Councillor Cave stated that he feels that when the Council receives the report from the consultants, one of the matters to be taken up with the Province is the question of who is responsible for the Marsh Creek. He added that it is his feeling that the Provincial and Federal Governments are more responsible than the City regarding the Creek. He called attention to the fact that the Common Council has received a letter from the Minister of Municipal Affairs, in reply to Common Council's letter to the Minister from the January 6th, 1975 Council meeting (in which the Council asked what assistance is to be extended by the Provincial Govern- ment to the Greater Glen Falls area residents under the emergency measure programme as a result of the effects of the December 9th, 1974 flooding conditions) and that the Minister says the matter is being taken under advisement and that the City will be advised in the not too distant future when a decision has been made. Councillor Davis noted that the report the Council is expecting from the engineers is a report attempting to place the blame, if any, of the flooding of private homes or businesses, and so on - to see if there is any blame attached to any specific operations (like the Canadian National Railways or Strescon) - it will not delve into the engineering aspect of the situation; the consultants' previous report goes into the engineering aspect. Councillor A. Vincent voted "nay" to the above motion. • Notice had been sent to Mr. Willard Akerley of Saint John, Mr. George J. Cook of McAdam, N. B., and Mrs. Josephine E. Griffin of Saint John, to appear at this meeting of Common Council to show cause, if any, why the building located at 288 1/2 Germain Street in the City of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. • The Building Inspector advised that since he wrote his report to Council, dated January 16th, 1975, regarding the condition of this property, the owner of this property made application for a building permit in order to demolish it. He added that this morning, one of the mortgaging people telephoned him and said that the property should be demolished. It was noted that none of the above persons named were present, nor were they represented. On motion of Councillor Kipping Seconded by Councillor M. Vincent ' RESOLVED that notice having been given to Willard Akerley, eorge J. Cook and Josephine E. Griffin, being the owners, as appears by the records of the Registrar of eeds for the County of Saint John, of the building located at civic number 288 112 Germain Street, in he City of Saint John, requesting that the said owners appear before this meeting of the Common Council o show cause why the said building should not be removed or destroyed as a dangerous or dilapidated uilding, and having considered the report of the Inspector of Buildings, and no -one having appeared on ehalf_of the said Willard Akerley, George J. Cook and Josephine E. Griffin; the Common Council hereby eems and declares the said building located at civic number 288 1/2 Germain Street, in the said city, to , e dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Willard Akerley, George J. Cook and Josephine E. riffin are hereby required to remove or destroy the said building situate at 288 1/2 Germain Street, in he City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: AND BE IT FURTHER RESOLVED that upon failure of the said Willard Akerley, George J. Cook and ephine E. Griffin to remove or destroy the said building situate at civic number 288 112 Germain eet, in the City of Saint John, in compliance with the request of such notice, that the Inspector of ldings cause such work to be done and the cost thereof recovered from the said Willard Akerley, George Cook and Josephine E. Griffin. • Mr. Ellis advised that with regard to the notice sent to A. Emerson Wilby, (Agent for Mrs. ra Smith) Administrator of Estates in Fredericton, N. B., and to the Power Commission of the City of nt John; to appear at this meeting to show cause, if any, why the building located at 245 -249 Charlotte I r 359 Street, of which Mrs. Laura Smith is the owner, should not be removed or destroyed as a dangerous or dilapidated building, he has learned that there is uncertainty about ownership of the land which would perhaps involve • another owner of the land, and he would therefore like to withdraw this item from the agenda. On motion of Councillor Davis Seconded by Councillor Green RESOLVED that the above named item be withdrawn from the agenda of this Imeeting, as requested by the Inspector of Buildings. On motion of Councillor Green Seconded by Councillor M. Vincent y � 1. / ;!, /� /�%'• RESOLVED that the letter from the City Manager, dated January 17th, 1975, outlining the existing conditions which contributed to the flooding on Rodney and Winslow Streets as a lclo oL( ay result of the intense rainstorm on December 9th, 1974 and noting that the existing sewer system was operating properly and had no blockages other than the Saint John harbour tides, and that it appears that due to the R,/ relatively low areas on Rodney Street and Winslow Street where flooding occurs, the sewer system cannot drain odl?a 9L the streets because-of the effect of the harbour reducing the gradient of the sewers near high tide; that a 20- foot tide would begin to cause a back -up into the sewer on Rodney Street in front of the Carleton Curling Club when there is no flow; that a 24 -foot tide would back up into the Winslow Street sewer at no flow; that on the morning in question there was a 25 -foot tide which was high at 7.45 a.m. and which by 10.00 a.m. had dropped to 19 feet; that apart from the rain and the tide, one further cause which may be contributing to the flooding which has occurred in this area, is the restricted size of the old wooden 38 -inch by 25 -inch sewer which runs from the corner of Rodney Street across Market Place a distance of 210 feet to join the main 50 -inch by 30 -inch sewer, and if this old wooden box were replaced by a 48 -inch concrete sewer at an approximate cost of $21,000.00, then the frequency of flooding in this area would be diminished; and recommending that the Common Council e%ver approve the installation of 210 feet of 48 -inch sewer across Market Place, at an estimated cost of $21,000.00, a5 1 ) Cc? this work to be included in the 1975 Capital Budget - -be received and filed and the recommendation adopted. /Lod/ 1e 4R�Fe On motion of Councillor Higgins • Seconded by Councillor Hodges RESOLVED that the letter from the City Manager, advising that the ambulance �� // service of the City of Saint John and participating municipalities is operated by the Saint John General 1-//Y4elccw%J Hospital; that the primary area within which all calls, including house calls, are responded to includes the /Ck(�- City of Saint John, Renforth, East Riverside, Rothesay, and Fairvale; that outside these boundaries, as far as .5epp Hampton, Petersville, St. Martins and Lepreau, ambulance service would respond only to situations such as accidents or serious illness out of doors, and unsheltered, such as on the highways, roads and woodlots accessible to the ambulance and staff - ambulance service is not provided to sheltered areas such as residences outside the primary area; that the reason for this policy is that the taxpayers of the City of Saint John and the participating municipalities pay the deficit on the ambulance service and therefore the standard of service that is provided �j /n� to them is greater than the standard of service provided to those who do not pay; that the Province has announced i'O v.(ro a policy of taking over the responsibility for ambulance services from the municipalities - when this is put into effect, all residents regardless of municipal boundaries, will be able to receive ambulance service - -be received and filed. ' Councillor Cave advised that the above report is partially the answer to the problem of the ambulance off. service. He advised that residents in the area outside the limits of the.City of Saint John are prepared to pay �OC`i�dMoh for ambulance service at this time, in the Mispec and Loch Lomond areas. area S On motion of Councillor Cave Seconded by Councillor Green �n/ J RESOLVED that the City Manager be authorized to draw up a schedule of /7fY/�Gt rates for ambulance service for the outlying areas. Service Ao 6'ACM 17 On motion of Councillor Higgins Seconded by Councillor M. Vincent • RESOLVED that the letter from the City Manager advising that the Chief of Police and the City Solicitor have studied the proposed Bicycle By -Law as requested by Common Council resolution of September 9th, 1974, and are satisfied that the by -law covers the points of provision of lights, safety, et cetera, and correlates with the provisions of the Motor Vehicle Act, and stating that additional sections have been added on sidewalks and public squares - and submitting the draft by -law for consideration for first reading - be received and filed: AND FURTHER that the by -law entitled, "A By -Law to Regulate the Operation of Bicycles in The City of / yc�&' Saint John', be read a first time. ��- oCc76Rr Read a first time the by -law entitled, "A By -Law to Regulate the Operation of Bicycles in The City of ' Saint John'.. On motion of Councillor Green Seconded by Councillor Mac Gowan RESOLVED that the by -law entitled, "A By -Law to Regulate the Operation of Bicycles in The City of Saint John ", be read a second time. �y /C,F W Read a second time the by -law entitled, "A By -Law to Regulate the Operation of Bicycles in The City of ' Saint John'. / Notice had been sent to Michael E. Randon, Plant Manager, Canadian Whitewear Company, and to Central & .P/�e- V/ /- Nova Scotia Trust Co. to appear at this,meetin to show cause if an g garages located at PP g y, why the building and e�1 �. 17 Britan Street and 210 Canterbury Street should not be removed or destroyed as dangerous or dilapidated f.? buildings. It was noted that neither of the said parties were represented at the meeting, and that Mr. Bandon /0 694.2 Ber was not present. m2 fiLt .S'�S The Building Inspector noted that he submitted a report to Council regarding the condition of the said buildings, and at this time he displayed pictures of the properaties. He stated that at the present time, the • h4ev" property is in a dilapidated, deteriorated and dangerous:.condition._ He advised that this morning, he received a �n,k14 /ye- call from the owner saying he had signed an agreement for sale. He stated that he explained to the owner that u/e,Zr Co , as far as he himself was concerned, the last registered owner,, °asoreported to him by the.Legal Department, was notified to appear at this meeting, and therefore Mr. Randon or the new owner should be present to protest the AC��ay/LGycc/q� L peeto�^ 360 Councillor Davis advised that he has a copy of the Marsh Creek flooding control report, and some time ago gave a copy of it to Mr. George Simpson of Saint John East, who is conversant with the problems. He noted that the consultant, after measuring the water fall and run -off in the area, in his report says he discovers that the worst thing that is happening to Glen Falls is the filling in of the upper part of Courtenay Bay, and the consultant recommends that the City acquire 50 acres of the 95 acres to use as a pond, and he also recommends a pond up above Glen Falls (where there was a reservoir of 10 acres at one time) to become a 250 -foot reservoir which would be used only during a storm and the water would be released the next day - and the creation of another pond at Mystery Lake; those three ponds would be used at high tide when there would be a storm, to hold back the water as much as possible so there would be a gradual run -off. The information of the delegation, the Common Council was asked to read at this time the letter received from the Minister of Municipal Affairs, dated January 15th, 1975, in reply to the Council's letter from the January 6th last Council meeting, in which the Council asked what assistance is to be extended by the Provincial Government to the Greater Glen Falls area residents under the emergency measure programme as a result of the effects of the December 9th, 1974 flooding conditions. The Minister's letter states that the matter is being taken under advisement and the Common Council will be notified when a decision has been made. The Mayor noted that the Common Council will follow up on the matter. At this time, Mr. Love advised that the letter from him that was appended to the above named petition, was a copy of a letter written by him to Mr. William J. Woodroffe, Member of the Legislative Assembly. Councillor Cave referred to the petition, which speaks of sewage and normal drainage being expected to be carried off by the Marsh Creek in Glen Falls, from the Forest Hills area, and asked if the expenditure of two million dollars in that area by the City took care of all sewage with the exception of a few homes beyond the sewer lines and had nothing to do with flood waters. Mr. MacKinnon replied in the affirmative. Councillor Cave noted that the petition says that the pumping stations cannot handle this inadequate water sewerage system. He pointed out that the pumping stations have nothing to do with the flood system. Mr. MacKinnon replied that Councillor Cave's observation is partially correct; the pumping system is handling the sewage - however, the amount of the storm water that is going to go into the system will reflect back on the sewage; certainly, the treatment plant will not treat the combined storm sewer water and sewage; the lines are not intended to carry storm water rather than just sewage. Councillor Cave stated his point is that if the two million dollars the City spent is no good, let us do something else. Councillor Cave stated that he will be asking in the future for a report on how many homes are not serviced by the sewage system in the Glen Falls area. Councillor Kipping withdrew from the meeting. Councillor A. Vincent asked what was the intent of putting a pumping station in, if it was not for when there is an extra - normal flow of water in the area to use the pumping station. Mr. Barfoot • • demolition order. /apidaz�ed On motion of Councillor M. Vincent • .�i 6 /dgs� Seconded by Councillor MacGowan /'%B."Iy4aih v- RESOLVED that notice having been given to Michael E. Randon and Can %r6a Central & Nova Scotia Trust Co., being the owners, as appears by the records of the Registrar of Deeds a/o .sue for the County of Saint John, of the building and garages located at civic numbers 17 Britain Street and 210 Canterbury Street, in the City of Saint John, requesting that the said owners appear before this _ 7 meeting of the Common Council to show cause why the said buildings should not be removed or destoyed as 0.4 dangerous or dilapidated buildings, and having considered the report of the Inspector of Buildings, and `���ra7 /��DV no -one having appeared on behalf of the said Michael E. Randon and Central & Nova Scotia Trust Co.; the Common Council hereby deems and declares the said building and garages located at civic numbers 17 � ScW1;7 /- k S ; e 1 / Britain Street and 210 Canterbury Street, in the said city, to be dilapidated and dangerous: ' Co. AND BE IT FURTHER RESOLVED that the said Michael E. Bandon and Central & Nova Scotia Trust Co. 1�esei�ded 6 are hreby required to remove or destroy the said building and garages situate at 17 Britain Street and ✓ 210 Canterbury Street, in the City of Saint John, within ten days after receiving notice to do so by the C C'. O. Aeb..ail /q7� Inspector of Buildings: AND BE IT FURTHER RESOLVED that upon failure of the said Michael E. Randon and Central & Nova Scotia Trust Co. to remove or destroy the said building and garages situate at civic numbers 17 Britain Street and 210 Canterbury Street, in the City of Saint John, in compliance with the request of such ' notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Michael E. Randon and Central & Nova Scotia Trust Co. A large delegation of residents from the Greater Glen Falls area was present, and spokesman of the group, Mrs. Elsie Wayne of 25 Holland Street, read a petition (copies of which had been distributed r //j (�/,i5, j to the Council members) which discusses flooding problems involving the Marsh Creek and corrective J measures, and imposition of a fine for obstruction of the flow of this Creek; a proposed tax rebate to /��fi fi oi'f re residents of the area affected by the said flooding waters, on a yearly basis until flooding causes are J corrected; a proposed moratorium on further building and land filling in the area until the flooding problem is resolved; the revival of the Greater Marsh Creek Commission; requests that the residents see • the report of the Provincial authorities who came and met with the civic officials to view the flooding situation at the Canadian National Railways and at Strescon during the flood in December 1974; requests i— that the Committee of these residents receive a copy of the engineer consultants report relating to Phases I, II, III of the Correction of Problems of the Greater Marsh Creek, for the Committee's study; asks.who gave authority, and when, for the Canadian National Railways, Strescon and Downey Motors to Lproceed with their projects in the area; discusses the action that the Provincial authorities would take upon the area being declared a disaster area, and requests that the City so declare the area a disaster creek area; recommends that the.Canadian National Railways should be requested immediately to put a steel span across the whole length of the bridge which is 70 feet long, before spring; requests a copy of a letter supposedly written by the City Executive Director of Operations to the Canadian National Railways in Moncton advising the Railways that this steel span be put across the whole length of the bridge. The petition stresses that the petitioners are demanding that action be taken immediately to correct all phases of flooding in the Greater Glen Falls area, and that they receive a report as to what action has been taken, or will be taken, within the next week or before the Council meets again. , Mr. Arthur T. Love, a copy of whose letter dated December 12th, 1974 was appended to the / At,ZL// ur petition, and which gives his opinion of the flooding conditions of Rothesay Avenue and Glen Falls, and �o his suggestions for alleviating the situation, then spoke in support of the petition. ve Councillor Davis advised that he has a copy of the Marsh Creek flooding control report, and some time ago gave a copy of it to Mr. George Simpson of Saint John East, who is conversant with the problems. He noted that the consultant, after measuring the water fall and run -off in the area, in his report says he discovers that the worst thing that is happening to Glen Falls is the filling in of the upper part of Courtenay Bay, and the consultant recommends that the City acquire 50 acres of the 95 acres to use as a pond, and he also recommends a pond up above Glen Falls (where there was a reservoir of 10 acres at one time) to become a 250 -foot reservoir which would be used only during a storm and the water would be released the next day - and the creation of another pond at Mystery Lake; those three ponds would be used at high tide when there would be a storm, to hold back the water as much as possible so there would be a gradual run -off. The information of the delegation, the Common Council was asked to read at this time the letter received from the Minister of Municipal Affairs, dated January 15th, 1975, in reply to the Council's letter from the January 6th last Council meeting, in which the Council asked what assistance is to be extended by the Provincial Government to the Greater Glen Falls area residents under the emergency measure programme as a result of the effects of the December 9th, 1974 flooding conditions. The Minister's letter states that the matter is being taken under advisement and the Common Council will be notified when a decision has been made. The Mayor noted that the Common Council will follow up on the matter. At this time, Mr. Love advised that the letter from him that was appended to the above named petition, was a copy of a letter written by him to Mr. William J. Woodroffe, Member of the Legislative Assembly. Councillor Cave referred to the petition, which speaks of sewage and normal drainage being expected to be carried off by the Marsh Creek in Glen Falls, from the Forest Hills area, and asked if the expenditure of two million dollars in that area by the City took care of all sewage with the exception of a few homes beyond the sewer lines and had nothing to do with flood waters. Mr. MacKinnon replied in the affirmative. Councillor Cave noted that the petition says that the pumping stations cannot handle this inadequate water sewerage system. He pointed out that the pumping stations have nothing to do with the flood system. Mr. MacKinnon replied that Councillor Cave's observation is partially correct; the pumping system is handling the sewage - however, the amount of the storm water that is going to go into the system will reflect back on the sewage; certainly, the treatment plant will not treat the combined storm sewer water and sewage; the lines are not intended to carry storm water rather than just sewage. Councillor Cave stated his point is that if the two million dollars the City spent is no good, let us do something else. Councillor Cave stated that he will be asking in the future for a report on how many homes are not serviced by the sewage system in the Glen Falls area. Councillor Kipping withdrew from the meeting. Councillor A. Vincent asked what was the intent of putting a pumping station in, if it was not for when there is an extra - normal flow of water in the area to use the pumping station. Mr. Barfoot • • F_ 361 • • Ae-�/tr'oh re -1/oa,0i a recp N.;?rs% 0'r, ek Th pnu�%i JW-QY • Councillor MacGowan recalled that in 1968 the Common Council was faced with this problem of flooding and as.a result of that the City hired consultants to find out exactly what was needed to correct the problem and she thought this.was what had been done; the City spent a considerable amount of money, and we are still facing problems bigger and worse; at that time, she believes there was 'a "freeze" on any further building until the problem was corrected. She asked if.that "freeze" has been lifted, by Council, officially. Mr. MacKinnon stated he cannot reply to the matter of the "freeze ". He stated that when he was Building Inspector he does not recall a "freeze" being on building in the Glen Falls area; he -knows there was some controls regarding sur- charging the land in order to built it up higher to avoid some of the flooding problems; however, there was no specific "freeze "; he thinks that was one of the controls on the building in the area. Mr. Barfoot advised that before the Marsh Creek Sewerage Scheme was constructed there was, in fact, a "freeze" recommended on the further building of homes - not because of the flooding problem, but because of sanitary sewage discharged into Marsh Creek and the said - discharge was what the report demanded of the engineers and the scheme that was finally put into operation at a cost of over two million dollars and that is functioning, and the sanitary sewage problem has been solved by this construction. Councillor MacGowan felt it cannot be entirely solved, if the petitioners are complaining about the stench in their area, and she asked where such odour is coming from. Councillor Higgins referred to the fact that a number of homes are not connected in the eastern area to any seweage system and the fact that when flooding conditions are experienced a problem is experienced with septic tanks, and so on; the other problem is the 500,000,000 gallons spoken of by Mr. Barfoot which also commences to flow through the sewerage system. He stressed that the solution to the flooding problem in the area is a long -range plan involving maybe $10,000,000.00 to rectify or even alleviate a problem that is a natural one and that has been compounded mayby by people dumping into the Creek. Councillor Higgins stated he would suggest that the Countil and City staff get down to give the answers to the brief from the petitioners, and that maybe Mrs. Wayne on behalf of her Committee, this evening could get the requested engineering consultants report regarding Phases I, II and III regarding the Creek and possibly Councillor Davis could give the said Committee his alternative to the engineers' report, as a start. Councillor Davis pointed out that two things are involved: one of them is that in May of 1974 the consultants said "two 10 1/2 -foot diameter corrugated metal pipe culverts have recently been installed at the Canadian National Railways crossing; these culverts will be submerged during periods of storage build -up in the four -bank area - consequently, the capacity of these pipes will be severely restricted during flood conditions ". Councillor Davis commented that we know that, but the thing we do not know is whether they have legal liability if they did not get a building permit from us and probably did,,,not get,any permission from the Provincial Government; we are trying to find if they have restricted the flow to such an extent that these residents are living in the middle of a lake, the pumps will do no good - if we can show that the said construction work by the Railways is the cause, and also the Strescon matter, and the eighteen points mentioned in the consultants brief, including the leaky gates which latter is the City's fault - we are trying to find a blame for the situation other than the Cit7y, he noted. He stated that the correction of the flooding problem is one thing we' have to do, but to get recompense for the losses suffered by the residents of the area from the flooding is another thing. He stated the engineering was good - but it is not finished -'we have to pump the water out, too, he noted - all we could handle was the sewerage that went into Marsh Creek prior to the construction of the Marsh Creek Sewerage Scheme. He pointed out that the consultant is going to try to find the cause of the flooding and place the blame, and then the Council will see what it can do, from there. Following further discussion, the Mayor stated that the Council has the information received from the petitioners and the information as pointed out by Councillor Davis, and that the Council will take the action necessary to try to help these residents and will at least keep them informed of the action as the matter moves on. Consideration was given to a letter from the Rockwood Park Area Preservation Association, dated January 16th, 1975, asking that there be no delay in the meeting promised between Provincial engineers and the Common Council, and the meeting to follow with representatives of the Association, concerning the Haymarket Square by -pass of the throughway. For the information of those present on behalf of the said Association, the City Manager was asked to read at this time his letter of January 17th, 1975, which states that the Council meeting of January 6th last heard the presentation by the said Association concerning the said by -pass and its possible effects on Rockwood Park and Rockwood Court at which meeting the Association was told that the Council would be meeting with the Provincial Highway engineers in an attempt to come up with some answer; that since the meeting, City staff have looked again at the problem, particularly in view of statements made at the meeting that although the Association is unalterably opposed to the by -pass they recognize that some solution has to be found; that the City Manager believes that many of the very valid objections raised by the Association can be met by providing a pedestrian under -pass across the by -pass on the line of the present trail from Tilley Avenue to the Lily Lake outlet, by a thorough programme of landscaping and tree - planting along the by -pass, and by improving pedestrian access from Rockwood Court to the Haymarket Square•- shopping centre; that the Provincial engineers are also preparing some estimates and plans for the alternative proposal suggested by the Association, namely, the elevated access ramp between the Rockwood Court buildings and the new throughway alignment; that when all of these proposals have been thoroughly examined and costed, measures for the betterment of the members of the Association can be implemented. Mr. Barfoot stated that this,matter is still under investigation and we hope to be meeting with the Provincial engineers this week. replied that the pumping stations are intended to handle the sanitary sewage flow; the maximum sanitary dry - weather flow is in the order of 500,000 gallons per day - when the Marsh Creek is in flood it is carrying about • 500,000,00 gallons per day; the pump is designed to carry the dry weather flow plus a reasonable normal in- filtration of storm water into the system - if we allow the pump to pump more than the normal infiltration of storm water down through the system, they not only cause flooding on the main sewers but they also wash out the treatment process from the treatment plant. Councillor A. Vincent asked, in relation to the pumping station, where would the sewage from the race track go; does it go into this pumping station, or down Rothesay Avenue. Mr. Barfoot advised that the sewage from the direction of the race track comes into the pumping station at Simpson Drive near the Three Mile House; this is the pumping station that has been shut off. Councillor A. Vincent stated that the information he got from experts is that if,the water run -off and so on from the race 11 track was not going that way we would not have all that problem. In reply, Mr. Barfoot stated he does not believe that is the solution. Councillor A. Vincent stated that he.will discuss this matter privately with the City Manager's office. Councillor A. Vincent asked if we can assure the delegation that the Council will find ' out who is responsible for the Marsh Creek. The Mayor replied that we can give such assurance. Councillor A. Vincent asked for a copy of the report referred to in the petition resulting from the Provincial authorities coming here and talking with civic officials regarding the situation at the Canadian National Railways, and so on. He stated he would also like to have a copy of the number of the building permit for the Canadian National Railways bridge that was built, the building permit number for the Strescon over -pass, and one for Downey Motors. He stated that if the City engineer or City Works Department wrote a letter to the Canadian National Railways suggesting a steel span, he would like the phraseology "steel span or equal" used, in view of the fact that local firms make pre -cast spans and he would not like to tell the Railways it had to put a steel span there when some other kind of span is available. Mr. MacKinnon replied that his letter to the Railways did not ' indicate any particular type of span at all. • • Ae-�/tr'oh re -1/oa,0i a recp N.;?rs% 0'r, ek Th pnu�%i JW-QY • Councillor MacGowan recalled that in 1968 the Common Council was faced with this problem of flooding and as.a result of that the City hired consultants to find out exactly what was needed to correct the problem and she thought this.was what had been done; the City spent a considerable amount of money, and we are still facing problems bigger and worse; at that time, she believes there was 'a "freeze" on any further building until the problem was corrected. She asked if.that "freeze" has been lifted, by Council, officially. Mr. MacKinnon stated he cannot reply to the matter of the "freeze ". He stated that when he was Building Inspector he does not recall a "freeze" being on building in the Glen Falls area; he -knows there was some controls regarding sur- charging the land in order to built it up higher to avoid some of the flooding problems; however, there was no specific "freeze "; he thinks that was one of the controls on the building in the area. Mr. Barfoot advised that before the Marsh Creek Sewerage Scheme was constructed there was, in fact, a "freeze" recommended on the further building of homes - not because of the flooding problem, but because of sanitary sewage discharged into Marsh Creek and the said - discharge was what the report demanded of the engineers and the scheme that was finally put into operation at a cost of over two million dollars and that is functioning, and the sanitary sewage problem has been solved by this construction. Councillor MacGowan felt it cannot be entirely solved, if the petitioners are complaining about the stench in their area, and she asked where such odour is coming from. Councillor Higgins referred to the fact that a number of homes are not connected in the eastern area to any seweage system and the fact that when flooding conditions are experienced a problem is experienced with septic tanks, and so on; the other problem is the 500,000,000 gallons spoken of by Mr. Barfoot which also commences to flow through the sewerage system. He stressed that the solution to the flooding problem in the area is a long -range plan involving maybe $10,000,000.00 to rectify or even alleviate a problem that is a natural one and that has been compounded mayby by people dumping into the Creek. Councillor Higgins stated he would suggest that the Countil and City staff get down to give the answers to the brief from the petitioners, and that maybe Mrs. Wayne on behalf of her Committee, this evening could get the requested engineering consultants report regarding Phases I, II and III regarding the Creek and possibly Councillor Davis could give the said Committee his alternative to the engineers' report, as a start. Councillor Davis pointed out that two things are involved: one of them is that in May of 1974 the consultants said "two 10 1/2 -foot diameter corrugated metal pipe culverts have recently been installed at the Canadian National Railways crossing; these culverts will be submerged during periods of storage build -up in the four -bank area - consequently, the capacity of these pipes will be severely restricted during flood conditions ". Councillor Davis commented that we know that, but the thing we do not know is whether they have legal liability if they did not get a building permit from us and probably did,,,not get,any permission from the Provincial Government; we are trying to find if they have restricted the flow to such an extent that these residents are living in the middle of a lake, the pumps will do no good - if we can show that the said construction work by the Railways is the cause, and also the Strescon matter, and the eighteen points mentioned in the consultants brief, including the leaky gates which latter is the City's fault - we are trying to find a blame for the situation other than the Cit7y, he noted. He stated that the correction of the flooding problem is one thing we' have to do, but to get recompense for the losses suffered by the residents of the area from the flooding is another thing. He stated the engineering was good - but it is not finished -'we have to pump the water out, too, he noted - all we could handle was the sewerage that went into Marsh Creek prior to the construction of the Marsh Creek Sewerage Scheme. He pointed out that the consultant is going to try to find the cause of the flooding and place the blame, and then the Council will see what it can do, from there. Following further discussion, the Mayor stated that the Council has the information received from the petitioners and the information as pointed out by Councillor Davis, and that the Council will take the action necessary to try to help these residents and will at least keep them informed of the action as the matter moves on. Consideration was given to a letter from the Rockwood Park Area Preservation Association, dated January 16th, 1975, asking that there be no delay in the meeting promised between Provincial engineers and the Common Council, and the meeting to follow with representatives of the Association, concerning the Haymarket Square by -pass of the throughway. For the information of those present on behalf of the said Association, the City Manager was asked to read at this time his letter of January 17th, 1975, which states that the Council meeting of January 6th last heard the presentation by the said Association concerning the said by -pass and its possible effects on Rockwood Park and Rockwood Court at which meeting the Association was told that the Council would be meeting with the Provincial Highway engineers in an attempt to come up with some answer; that since the meeting, City staff have looked again at the problem, particularly in view of statements made at the meeting that although the Association is unalterably opposed to the by -pass they recognize that some solution has to be found; that the City Manager believes that many of the very valid objections raised by the Association can be met by providing a pedestrian under -pass across the by -pass on the line of the present trail from Tilley Avenue to the Lily Lake outlet, by a thorough programme of landscaping and tree - planting along the by -pass, and by improving pedestrian access from Rockwood Court to the Haymarket Square•- shopping centre; that the Provincial engineers are also preparing some estimates and plans for the alternative proposal suggested by the Association, namely, the elevated access ramp between the Rockwood Court buildings and the new throughway alignment; that when all of these proposals have been thoroughly examined and costed, measures for the betterment of the members of the Association can be implemented. Mr. Barfoot stated that this,matter is still under investigation and we hope to be meeting with the Provincial engineers this week. 36'2 �t'oC�woo�f /f r�ea /fires -�loh 0A Syr. �3y- amass �rnug�iuv�y On motion of Councillor Higgins Seconded by Councillor M. Vincent • RESOLVED that the report from the City Manager, dated January 17th, 1975, advising that the Provincial engineers are preparing some estimates and plans for the alternative proposal suggested by the Rockwood Park Area Preservation Association, namely, the elevated access ramp between the Rockwood Court buildings and the new thoroughway alignment, regarding the Haymarket Square by -pass, and that the City staff since January 6th last have looked again at the problem of the said by- pass and it is believed that many of the very valid objections raised by the Association can be met by providing a pedestrian under -pass across the by -pass on the line of the present trail from Tilley Avenue to the Lily Lake outlet, by a thorough programme of landscaping and tree - planting along the by -pass, and by improving pedestrian access from Rockwood Court to the Haymarket Square shopping centre; and that when , all of these proposals have been thoroughly examined and'costed, measures for the betterment of the members of the Association can be implemented -- be received and filed and 'a copy of same be submitted to the said Association. The Mayor pointed out that the Council did fulfill "its agreement in the above matter, and did go through the Provincial authorities and they are preparing a model to show the people in Rockwood Court how the various suggestions the Association made at the January 6th meeting of Council could be adopted into the throughway scheme. Councillor A. Vincent felt a "time limit should be put on the showing of the said model, and that the-Council should meet with these people out at the School and try to listen to ' their alternatives. He made the point that as a liaison Councillor regarding the throughway (together with liaison Councillor Green) he has never been consulted, or kept informed regarding the throughway developments. Dr. Wesley J. Stephen, a resident'of the Seely Street area, advised that the letter of January 16th was written by the Association because it could not get any wo'r'd as to what was happening. He asked if the work has stopped that the Association is concerned about. The Mayor replied that he is sure that the work has stopped; he stated that the area we are told the'Proviricial Department is working on is the area down on the flat, that is the area of approaches on the main throughway and not on the area of dispute. Councillor Higgins stated he would like to assure that City staff keep Dr. Stephen and Mrs. Ruth Koven of the said Association informed as to what we are doing, and that the meeting with the Provincial Government be held as soon as possible and that they be invited to the meeting. Dr. Stephen stated that they, or their representatives, would like to be a part of any of these meetings. Councillor Davis, for the information of the Association, called attention to the fact that the particular contract under discussion is proceeding and the part that is still in the individual dis- cussion stage:.is -how it will intersect at the corner of Seely Street and Mount Pleasant Avenue; the contract is still proceeding and there is no delay on that. The Mayor replied that the Provincial Department is working on a new system that it might use that was suggested'by the Association. Councillor Davis pointed out that blasting is to take place tomorrow and the group feels they have been told there is no more blasting, and this is a breakdown in communication. Councillor M. Vincent asked if we are assured that the work that is presently going on is not -, in fact,.going to be exactly what the Assoc- iation is opposed to; that is, is that work that is on- going, Igoing1, to'clash with the opposition of the Association and the request by the Association for a stoppage "of work - -or, is it a separate type of work that will enter into no conflict if we should decide to change and concur with the delegation's request. The Mayor stated that he believes the question is: are they doing construction work that would interfere or change the approaches that we have on paper. Dr. Stephen stated that the question he is putting is: is the "construction that is going on at present tied up with the by -pass as submitted in the report, or is the construction going on for the throughway to which the Association is not objecting. With regard to the question as to whether the work is actually gong on on the by -pass section, Mr. Barfoot advised that he does not have the full details on this; he is informed that the work is presntly going on on the throughway section as to removing railway tie's and work in that area. Dr'. Stephen stated that this was the impression that the Association had, but they were not sure and they'wanted it spelled out as a matter of public record that they are objecting to the by-pass, and as a'public record that the work is stopped on the by -pass, so that in another week, or two or three weeks', the engineer would not say that the half million dollars more was already spent, which money would be spent while negotiations were supposed to be taking place. Mr. Barfoot, in reply, stated that his understanding is that we are to meet with the Provincial engineers to discuss the changes requested by the Association, and any other im- provements, but, as City Manager, he cannot give the answer to the question of whether the work is stopped "on the Haymarket Square by -pass. Dr. Stphen then stated that he formally requests that such work be 'stopped on the Haymarket Square by -pass. Councillor A. Vincent pointed out that the Council does not have the authority to stop the work; it is a Department of Highways contract; all the Council can do is submit a request. He advised that the blasting that is taking place is for the'arm of the ramp of the Haymarket Square by -pass. Dr. Stephen noted that the Department of Highways says it is carrying out the City's instructions in this matter, and added that he realizes that the blasting is taking place on the arm of the by -pass. He stated that the reason the Association is approaching the Council in the matter is because the Department of Highways say it is the City Council that has the final say in authority, and that the Department is just carrying out orders. He noted that this was.stated frankly and publicly. In reply to Councillor MacGowan's question as to whether a date has been set to meet with the Provincial Government in the matter, Mr. Barfoot stated that no date has been set; we have had discussion with them and they are attempting to do the work on the model and estimates, and he will be in touch with the Department on January 21st to finalize a date. He anticipated that the meeting will be in the imp i mediate future. He stated that the matter about the stoppage of word is an entirely separate thing and is not within his authority. Councillor A. Vincent asked for clarification as to whether or not the City has, or has not, the authority to stop that contract. He stated he was told the City did not have the authority. In reply, Mr. Barfoot noted that this is not'a City contract. Dr. Stephen stated that he was not talking about a contract, but about the authority of the whoIle'by =pass, which, in his opinion, is a different thing. Councillor A. Vincent stated that if the Association 'is prepared to put up a bond that it is prepared to pick up the cost of what Metro Construction Ltd. will charge the Department of Highways for the stoppage, then that is fine. He stated he feels that the Provincial Government is looking for a way to have the City pick up the cost of the work stoppage.' Councillor Higgins noted that the Association's point is that there is all.kinds of opportunity for work on the throughway and areas associated with the by -pass, but work might very well almost come to a halt on the by -pass section until the Rockwood Park group, the Common Council and the Department of Highways meet. He stated that they realize, as does the Council, that there has to be some type of compromise, and we will have to determine the extent of the compromise that could be made. On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the Common Council instruct the City Manager to ask • n • 0 • I • 363 �/`/f/W- the Department of Highways to cease work on the HHaymarket Square by -pass pending the meeting between the Common Gould Council, the Rockwood Park Area Preservation Association and the Department of Highways.. L.7 RESOLVED that the by -law entitled, "A By -Law Councillor MacGowan asked for a legal opinion as to whether the Council is within its rights to make �j -✓ - °qw the above noted request. Mr. Rodgers replied that the Council has asked the City Manager to request the Pro- The City of Saint John ", be read a third time and vince to take the above noted action at no cost to the City if there are costs involved. Councillor Higgins rs7�- iLs pointed out that we are talking about a delay of two or three days, and he is saying that there is much work that can be done along the by -pass without going in and blasting half of Seely Street when alternatives have not been investigated; his point is that if we can set up the requested meeting within two or three days, then ,W-7y everybody knows what is going on. Mr. Rodgers noted that the Province has entered into a contract with a contractor and, certainly, the City can ask one of the parties to attempt to make changes; if the Province says it cannot grant the Council's request, or it will grant the request but the Council will be responsible for any delays that the Province has to incur with respect to the contractor... Councillor Higgins interjected that, in his opinion, any comments the Province has made so far to the City Manager and through the City Manager to the Common Council, have been made in bad faith because the Province is saying it is drawing models of alternatives, et cetera, and he is sure that the Department of Highways does not want to spend eight or nine million dollars if it is going to have another alternative. With regard to the question of alternatives, Councillor Davis pointed out there is no alternative to the by -pass - there is an alternative to the way it proceeds in the vicinity of the Friars and Chan houses. He noted that the Council has approved that by -pass; there was some objection in the discussion about that intersection so three alternatives were prepared and the Council has not as yet accepted the alternative, although it has accepted the by -pass. He felt sure that the Province will hold up the by -pass without any penalty to the City for a short time. Mr. Barfoot advised that the alternatives of the by -pass with Gilbert Street are being considered and there is no final decision being made there. He added that the Province is also looking at the cost for the abandonment of the by -pass. Councillor Cave felt that the Council should discuss the question of liability of the City very thoroughly before making the request in the above motion. The Mayor noted that the City Solicitor says the Council would find this out on the answer that would be given by the Department of Highways to that request to cease the work, as contained in the motion Question being taken, the motion was carried with Councillor Hodges voting "nay" Dr. Stephen commented that the Association's point as a group is not alternates as to whether Seely Street is blocked off, whether Mount Pleasant Avenue is blocked off., or whether they turn the corner at Seely • Street; this group is not interested in how Seely Street or Mount Pleasant Avenue is cut off. He noted that what Councillor Davis was saying is that the Association was wasting its time, because the Council has approved the by -pass and the only alternatives the Council has are three, to alter the top part of the by -pass. Councillor Davis was asked by Dr. Stephen to indicate what action could be taken to stop the by -pass as proposed, and he replied that he does not know, now, because he thinks it is too late. Dr. Stephen asked if the other Councillors agree that nothing can be done. The Mayor pointed out to Dr. Stephen that a motion has been passed to question the Provincial Government in the matter and the Council will get the answer back, and the Council will communicate the answer. Councillor A. Vincent suggested that a time limit be placed on the matter, as to when we are going to do it. In reply to Mrs. Koven's request as to an approximate date for the meeting that is to be held with the Provincial engineers, Mr. Barfoot stated that he will let her know on January 21st. On motion of Councillor Hodges • The by -law entitled, "A By -Law to Amend a By -Law to Provide for the Collection of Garbage in The City of Saint John ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the letter from the City Solicitor, submitting a revision of of the draft of the proposed amendments to the Building By -Law, as requested at the January 13th ,00 G,., meeting of Council, be received and filed: sy- ,z� liF�//O /E [2 J,.T. AND FURTHER that the by -law entitled, "A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ", be read a first time. Read a first time the by -law entitled, "A By -Law to Amend -a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ". On motion of Councillor M. Vincent Seconded by Councillor Pye RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ", be read a second time. Read a second time the by -law entitled, "A By -Law to Amend a By -Law Respecting Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ". 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 begs leave to report that it sat on January 13th, 1975 when there were present Mayor Flewwelling and Councillors Cave, Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendations, namely:- 1. That with regard to the request received from Tel -Aid (Community Information and Referral Service) that the City waive the monthly rental of $106.54 that is charged for premises occupied by this group on the third floor of the City Market building, no action be taken to comply with the request and that Tel -Aid be advised that there are no funds available in the budget. That with regard to the letter from Mrs. Frances E. D. Emerson, President of The Senator Emerson , asking that the Common Council consider a grant from the City to the Foundation in the amount of Seconded by Councillor Gould ' e RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law to Provide �j -✓ - °qw for the Collection of Garbage in Common Seal affixed thereto. The City of Saint John ", be read a third time and enacted and the Corporate • The by -law entitled, "A By -Law to Amend a By -Law to Provide for the Collection of Garbage in The City of Saint John ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the letter from the City Solicitor, submitting a revision of of the draft of the proposed amendments to the Building By -Law, as requested at the January 13th ,00 G,., meeting of Council, be received and filed: sy- ,z� liF�//O /E [2 J,.T. AND FURTHER that the by -law entitled, "A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ", be read a first time. Read a first time the by -law entitled, "A By -Law to Amend -a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ". On motion of Councillor M. Vincent Seconded by Councillor Pye RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ", be read a second time. Read a second time the by -law entitled, "A By -Law to Amend a By -Law Respecting Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ". 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 begs leave to report that it sat on January 13th, 1975 when there were present Mayor Flewwelling and Councillors Cave, Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendations, namely:- 1. That with regard to the request received from Tel -Aid (Community Information and Referral Service) that the City waive the monthly rental of $106.54 that is charged for premises occupied by this group on the third floor of the City Market building, no action be taken to comply with the request and that Tel -Aid be advised that there are no funds available in the budget. That with regard to the letter from Mrs. Frances E. D. Emerson, President of The Senator Emerson , asking that the Common Council consider a grant from the City to the Foundation in the amount of 364; 66lei/ XI- 12- 56 .11 s�ree� c %sia9 �'o /flier � � /aaa. f%dvi s COmm- %//arias, {%dill's. C0me". —6, rvih9 //Oi Service ��h, �/dym 69� ��ayn�ar�et` ,5'9 „�y- less, $10,000.00 to assist in financing the series of World Wide Radio Programmes and television programmes which feature inspirational messages and music, no action be taken to comply with the request and that the said Foundation be advised that there are no funds available in the budget. 20th January, 1975, Saint John, N. B. Respectfully submitted, (sgd.) E. A. Flewwelling, C h a i r m a n. On motion of Councillor Hodges Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted: AND FURTHER that the said report be received and filed. Councillor A. Vincent recalled that it was his motion that referred the request for a grant to the Senator Emerson Foundation to the Grants Committee, and stated he is very disturbed that, instead, the request was considered in Committee of the Whole. He asked if all such requests are going to be dealt with in Committee of the Whole in future, and the Grants Committee is to be abolished., The Common Clerk pointed out that the Grants Committee is a committee of the whole.Council. Councillor A. Vincent expressed the desire that the Council reconsider the decision to reject the application for this grant (because there are many aged people who enjoy the music of Niven Miller which is featured,on, the Foundation programmes, and that the Council make a small grant. Question being taken, the motion was carried with Councillor A. Vincent voting "nay” On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that. the letter from Mr. George H. Simpson of 11 Morgan Road with reference to the request made to Council by residents of Glen Road and Morgan Road to have a portion of an undeveloped street called Soldier Road closed, advising that his own property and the properties of Mr. Harry Kemble and Mr. Harold Anderson abut on the said Morgan and Soldier Roads and that access to a two -car garage, which is owned by Mr. Anderson, is used by.a tenant of 13 Morgan Road and that a single car garage serviced by the Morgan Road (owned by Mr. Kemble) and.a single car garage owned by George Simpson is also serviced by the said Soldier Road „ and that permission was given by the former Parish of Simonds and the Town Planning Commission to build these garages, and that the said property owners strongly object to the proposed closing of the Soldier Road and request that the petition to close it be not granted -- be received and filed and no action be taken to close the said road: AND FURTHER that the letter from the Planning Advisory Committee with regard to the said petition, advising that this street which is shown on a plan of Glen Falls Subdivision prepared by Gilbert Murdoch in 1915 has a width of 50 feet and a length of about 300 feet, and it ends at the southern boundary line of the parcel of land owned by Glen Park Ltd.; that six lots fronting on Morgan Road extend as through lots to Soldier Road and the lots have an average depth of 150 feet; that it would appear to the Committee that no parcel of land depends on Soldier Road for its primary access and so the closing of the road would be in order, and the Committee therefore recommends that Council initiate proceedings towards the closing of Soldier Road -- be received and filed. Councillor Cave confirmed that the former Parish of Simonds gave the permission for the building of the three garages, as stated in Mr. Simpson's letter, and noted that a lot of inconvenience would be caused those people listed in Mr. Simpson's letter if the Soldier Road were closed. Mr. Zides was asked to speak in this matter, and he advised that Councillor Cave called him earlier about this subject; the information Councillor Cave has related (from Mr. Simpson's letter) is the first he has heard of same. On motion of Councillor MacGowan Seconded by Councillor Parfitt RESOLVED that the letter from the Planning Advisory Committee advising that Irving Oil Limited has applied for a permit for the installation of a new pumping island and canopy at the existing Haymarket Square service station, and that the Committee approved the new pump island which would be set back 24 feet from the existing pump island but slightly nearer to Haymarket Square (which pump island would contain three tanks for the dispensing of unleaded gasoline) and that the Committee refused to approve the proposed canopy because future street widening in this area would extend almost to the back of the existing pump island and would necessitate the removal of part of the canopy and the front supports were the canopy to be permitted - and recommending that Common Council approve the proposed new 24 -foot by 4 -foot pump island -- be received and filed and the recommendation adopted. Noting that the letter from the Planning Advisory Committee in the above matter is talking about the widening Haymarket Square, Councillor A. Vincent asked if the Committee took into consideration that after we build the Haymarket Square over -pass and complete the approaches to the causeway that the traffic volume should be less there - therefore, why would we widen Haymarket Square after doing all that, unless we are not prepared to finish the throughway for a period of twenty -five years. He noted that this letter from the Committee is talking about widening.Rothesay Avenue at the Marsh bridge, and that it must be borne in mind that the ramp for the by -pass starts in front of the Bank of Nova Scotia at Waterloo Street and curves around, up to Seely Street; all the heavy trucks will be taking the throughway which means we could almost take a lane off Haymarket Squarey - Rothesay Avenue instead of widening it, in his opinion. Councillor Cave, in reply, pointed out that when the by -pass is constructed, sufficient room will still be needed around that corner, in his opinion. Councillor A. Vincent stated that it was a shock to him to learn that the by -pass ramp was going to start by the said Bank of Nova Scotia and that Waterloo Street would become practically a one -way alley, cutting Waterloo Street off completely and he noted that this fact was never brought to his attention at any meeting, attended by him, prior to the election of the present Council. He added that as co- chairman of the Throughway Committee, the matter was never discussed with him. He noted that all we want is an in and out route from City Road out Rothesay Avenue. He further noted that the basis for not permitting the requested canopy is because they want to widen the Marsh bridge, which he feels is not in the line of our planning. Question being taken, the motion was carried with Councillor A. Vincent voting "nay" • • • • I 365 On motion of Councillor Higgins • j,��� -5 Seconded by Councillor M. Vincent /a�� GaOuh� RESOLVED that the letter from the Saint John District Labour Council, S T�; expressing full support for the presentation made to the Common Council on December 9th, 1974 by the Saint John J?�,(4/ Regional Library Board, and advising that the delegates at the meeting of the Labour Council held on January v12/ Xlhh l: 3rd last unanimously endorsed the concept of the construction of a new library building now and request that the Common Council take immediate action on a new library facility for Saint John, be received and filed. Councillor Kipping re- entered the meeting at this time. Councillor A. Vincent, a member of the Council committee regarding the development of the civic centre complex, asked Councillor Davis how soon the Council might have a report in the matter. Councillor Davis advised that the Urban Redevelopment office, the Central Mortgage and Housing Corporation and the New Brunswick Housing Corporation have engaged consultants to check the Rocca Group's proposed development; these cv�?p /e x engineers, architects and developers had a meeting on January 13th last with Mr. Rocca and the members of the said Council committee were invited to attend; the plan is to have the final presentation on January 27th at the Council meeting, with the displaying of a large model of the total proposed development. He added that a library is a part of that project and is situated on the street so that construction can begin as soon as the street alignment is finalized. Mr. Barfoot stated that the scheme is ready for presentation, and he would ' request that the Council set a time for January 27th's meeting when Council can receive this public presentation to be made by the Rocca Group and the consultants whom the City has engaged. He stated that there will be a model and other visual aids used in the presentation, and that the Rocca Group and the consultants want to make this presentation at 4.00 p.m. in the Council Chamber. On motion of Councillor M. Vincent Seconded by Councillor Cave s//� RESOLVED that the letter from the Saint John District Labour Council k7 /. /cou h. requesting that the Common Council take action regarding the deplorable traffic situation in the City of Saint _C! ��C/+ John, and suggesting the limitation of angle parking on King Street and that the rotary on Rothesay Avenue, %rail l"/ G Thorne Avenue and Russell Street be put into effect twenty -four hours per day, be received and filed and a copy pro6 /e�ris of same be sent to the Traffic and Safety Committee and to the Chief of Police. y Councillor Hodges advised that the above named Labour Council is really interested in the parking on all the streets of the up -town area where the situation is so bad now that it is not possible to get a place to a ry Thotn e park. He stated that from personal observation on the question of how many parking spaces in the said area are Ave., e ,lc,) available before 9.00 a.m. he found them all filled, and yet the stores were not open as yet at that time of x / the day; therefore, he concludes that the parking meters in the up -town area are not being used by the citizens T�aTT /C 9� of Saint John but by people who reside on the outskirts of the city, which is not the use intended for these parking meters. He felt, therefore, that it is about time to give orders to keep the streets open for traffic, /J and to review the whole situation, so that modern traffic regulations can be used. Councillor Kipping noted that perhaps the parking meters in the up -town area are used more extensively by people who work than by shoppers or who come in to the city on a transient basis. He felt that more enforcement in that situation could be used. On the matter of limitation of angle parking on King Street, Councillor Kipping stated that he would not because he feels it would cut down on the amount of parking available on that street so drastically that we could not cope with it. He felt that the suggestion in the above letter regarding angle parking on King Street should be referred to the Transportation Committee and to the Traffic and Safety Committee. The %/7�I7S�t7 �O Mayor noted that the above motion has already done so. Councillor Green urged that the Council proceed with the establishment of a parking garage in the up -town area of the city, as it is badly needed. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John District Labour Council, _ expressing full support to the Common Council in the Common Council making some effort to see that the Woolco Department Stores make restitution to the City for any costs encountered in its attempt to clean up the oil spill behind the said Stores as the said Labour Council does not feel that the taxpayers of Saint John should be made responsible for the said clean up, be referred to the Executive Director of Operations and to the Legal p Department, for a report. •//010ko S�nnAlhA On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that the petition from a number of residents of Holly Street, advising that under the present system of snow control the section of Holly Street between Metcalf Street and Main Street is ploughed in such a way as to push all the snow from the street to the side on which the sidewalk and driveways are located, rather than to the other side of the street, on which there is no sidewalk or re S h OW driveways, and requesting that the system be changed so that the snow will be deposited on the side of the street that is without a sidewalk or driveways, be referred to the City staff. ' cordpo% Mr. MacKinnon explained that this is an extremely steep hill and the plough operator ploughs down the hill and ploughs the snow to the right where the houses are, and where the sidewalk and driveways are; the rock escarpment is on the left side of the hill; he is reasonably sure that ploughing could not be done up that hill, but an attempt will be made to clear the snow to meet the problem outlined in the above letter, after a storm, but it would have to be done with a bucket type machine and not normal plough equipment. Councillor A. Vincent recalled that he had asked for a report from the Executive Director of Operations ' for this meeting regarding the request he would make for equipment. He recalled that he asked at the last Common Council meeting if the said Director wanted any more equipment or how could we stop the repercussions from streets not being ploughed out for a couple of days after a storm. Question being taken, the motion was carried with Councillors M. Vincent and Hodges voting "nay ". Councillor A. Vincent asked if there is any way the Common Council can assist the Executive Director of Operations and the Works Department in snow clearing operations off the streets that were not cleared in the last storm by providing more equipment. He stated that he wants the Council to be informed how much equipment Mr. MacKinnon wants in this regard. He stated his thought is that the City could acquire a couple more backhoes with some kind of snow clearing attachment, rather than hire this type of equipment. The Mayor noted that a report will be submitted to Council in the matter. f�ff' -zohih On motion of Councillor Higgins SI7!/BS/t/771e// Seconded by Councillor MacGowan RESOLVED that the application from R. & M. Investments Ltd. for re- COMM. 366 ro o Rwel woes 0t-aMM0 /?W re ,V1V%e 9//, o% av, Assoe. Aar'Jos -t !i%os. Coah�i � s� /arle i r� fo�^hl�i oh ,4� *d C'omrn pnhtl- C-01/4 6llw�ershew Ppo�ec'�i oh 5xiow, Show c TIf ird Sf• -� ,112at6 /ie 0 iii lee -Si zze ,%w, oh 4a6 /e) Rote er five. �c�e7 laid �ey71 n9 4,0e L�O%19/rl. zoning of property situate at 41 Adelaide Street (presently an office warehouse use) for a proposed beverage room, be referred to the Planning Advisory Committee for a report. Councillor Hodges noted that on January 13th last, the death occurred of Mr. Joseph Drummond, a prominent citizen of Saint John who served his country and fellow Canadians in time of war and who served Canadian ethnic groups in the field of human rights. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that a letter be sent from the Mayor and Common Council expressing condolences to Mrs. Joseph S. Drummond and family on the loss of Joseph S. Drummond whose death occurred on January 13th. On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that the item supplying information regarding salaries of Council members be taken from the Committee of the Whole section of the agenda and placed in the open Council section of the agenda. Question being taken, the motion was carried with Councillor Kipping voting "nay ", stating he did so on principle because he believes the said item should remain in Committee of the Whole until the Council discusses it. On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that the information regarding salaries of Council (members, provided by the Director of Personnel and Training from the current wage survey for the Canadian ssociation of Mayors and Municipalities, be laid on the table for information. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letters from the Land Committee with reference to imposition of restrictions on the development of watershed lands located outside the City limits, and with reference to the conveyance of a portion of Short Street, be placed on the agenda of this meeting. On motion of Councillor Davis Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the Land Committee, the Common Council approach the proper officials of the Provincial Government to take steps to impose restrictions on the development of watershed lands which are located outside the limits of the City of Saint John. On motion of Councillor Davis Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Land Committee, a portion of Short Street (also known as Snow Street and Third Street) measuring 50 feet by 225 feet and fronting on Rothesay Avenue be conveyed to the Federal Government of Canada - Department of Public Works for a sum not to exceed $1,000.00 which will cover legal and surveying fees, this recom- mendation being adopted with the stipulation that an agreement be made between the Federal Government - Department of Public Works and the City of Saint John that if at some time in the future the City decides to widen Rothesay Avenue in front of the Federal Government building, and Crown land is required, that the City may obtain same up to a maximum of 20 feet in depth for a nominal charge: AND FURTHER that the letter from the Land Committee advising that the Committee has reviewed the proposed agreement between the Department of Public Works and the Bank of Montreal and finds it to be satisfactory, be received and filed. In reply to Councillor Cave's question as to whether the Bank of Montreal and the Government is satisfied with the above mentioned agreement, Councillor Davis stated that the Land Committee has not heard directly from the Bank but the Committee feels that the special agreement from the Federal Government giving the Bank a permanent right -of -way over a portion of this street so that their customers can park is agreeable. He recalled that the Common Council did agree with the Department of Public Works and the previous owners in this matter, so the Committee feels we are obligated to the Post Office people. Councillor A. Vincent asked if the Federal Department of Public Works officials had agreed on the 20 -foot green belt and that it would be deeded to the City. Councillor Davis noted that the reference to the 20- foot strip of land in the Land Committee's letter is just a repitition of a previous reference. He stated that the design as presently shown on the plans of the Department of Public Works shows a green area of 20 feet. Councillor A. Vincent advised that it is his desire that this 20 -foot green area be deeded to the City. Councillor Davis agreed that this is a good point. Councillor Gould stated he feels that the "nominal charge" amount referred to in the motion should be stated; therefore, if the City needs this land, it would be deeded back to the City for one dollar. He stated he prefers that the definite amount be set forth, because "nominal charge" leaves the matter for negotiation; he feels it should be clearly stated in the deed that the charge is one dollar. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the above matter be laid on the table and referred back to the Land Committee for clarification regarding the exact amount of money that the City would pay to the Federal Department of Public Works for the 20 -foot strip of land if it were required for the widening of Rothesay Avenue in future, in front of the Federal Government building in question. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that this meeting continue, in legal session. Councillor Parfitt withdrew from the meeting. • C� • I • I 367 L E G A L The City Solicitor submitted a report regarding the flooding of Titus Bake Shop Ltd. premises at 15 • Prince Edward Street during February and March, 1974, which advises, as follows:- the Insurance Company has now received the opinion of the firm of consulting engineers it retained for the purpose of having an independent opinion on the design of the.sewerage system, and these independent consultans have reached the following conclusions: (1) sewer sizing in the subject area is more than adequate to handle the project runoff from the maximum recorded rainfalls in February and March, 1974; (2) the general sizing of sewers in the area indicates that a reasonable assumption of design variables was used in the initial design; (3) the most probable cause of the flooding of the bakery floor is that catch basins adjacent the bakery became blocked with a snow -ice buildup. The report of the City Solicitor advises that based on the report of the consultants, it is the opinion of the solicitor for the City's Insurance Company that no negligence lies against the City of Saint John and that if the claimants are seeking recovery, they will have to take it before the Courts. The City Solicitor's report further advises that he concurs with the opinion of the City's Insurance Company, in view of the above infor m_ation and the information he has. On motion of Councillor Gould 1�arha9es Seconded by Councillor Hodges 77a/Ws RESOLVED that the above named report be received and filed and the owner �� �e SlD of Titus Bake Shop be so informed. Question being taken, the motion was carried with Councillors Gould, Hodges, Davis, Kipping and Cave and Deputy Mayor Higgins voting "yea" and Councillors A. Vincent, MacGowan, M. Vincent, Green and Pye voting "nay ". On motion The meeting adjourned. • Common-Clerk At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty- seventh day of January, A. D. 1975, at 4.00 o'clock p.m. Present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, D. French, Director of Personnel and Training, G. Baird, Executive Director of Economic Development, D, Carter, Economic Co- Ordinator, • P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, A. Ellis, Building Inspector, C. E. Nicolle, Director of the Recreation and Parks Department, and S. Armstrong, Engineer with the Works Department • A prayer, which opened the meeting, was offered by The Reverend Donald W. Noseworthy, rector of St. 's Church. The Mayor advised that the first item on the agenda of this meeting was the exciting display and on to be made regarding the proposal for development of Market Square, by the Rocca Group at this On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the above noted presentation be made at this time by the occa Group. The details of the said proposal were thereupon set forth by means of a model of the development hD &ecg rea and proposed buildings and facilities, a display of pictures, a brochure from the Rocca Group entitled r_ftap "Market Square Civic and Commercial Complex" and a letter to the Urban Redevelopment Office from the Rocca Group dated December 6th, 1974, letter from a the City Manager dated January 23rd, 1975, and a report entitled, „y / �! "Market Square Appraisal Report" submitted by the Co- Ordinating Committee for the Partnership for the North //P o ,,7 d Urban Renewal Scheme, prepared by Gregman & Hamann, Architects, Engineers and Planners, and by James F. J?OG&,f Harris Limited. e p/ e Mr. Pat Rocca advised that since having been chosen the developer regarding the above noted project, eetl.4^0 the Rocca Group engaged the same planners who prepared the plan for the City, to ensure compliance with the objectives of the Central Area Urban Design Study plan. He stated that, as developers, they are happy with he project as it stands now and with the good relations they have established with the different government agencies with whom they have been dealing in the last several months. Noting that the comments are constructive that have been made regarding their plan, from the Urban Renewal consultants, he stated that the developers are prepared to make whatever changes are necessary to the plan, and added that the over -all programme is ealistic and gives the flexibility and also affords Council control - the final say - which is the way it hould be. He stated that the Rocca Group want this to be a first -class project, and are committed to the uccessful completion of this property, and they ask that the City commit itself. 368 'Dock S' 0111/e &ornip/ex On motion of Councillor A. Vincent Seconded by Councillor Cave . RESOLVED that the letter from the City Manager, dated January 23rd, 1975 relative to the development of Market Square, advising that the proposal of the Rocca Group has been reviewed by the Co- ordinating Committee with the assistance of architectural and planning consultants, and market and economic consultants, who were engaged specifically for this evaluation and whose appraisal report has been prepared by the said two consultant companies; that during the review, a series of meetings were held with the developer and his consultants and they are familiar with all points which have been raised by the Committee; that the Market Square proposal shows the proposed Federal building incorporated into the over -all concept, yet designed as a separate entity affording the Federal agency a separate yet integrated image and the flexibility of site to permit a start to be made at any stage of the total project, and that it is the concensus of opinion that this design and location gives the City and the Federal Government maximum location advantage; that the City cannot anticipate the decision of the Federal Department of Public Works, but it can by approving the proposal indicate to them where the building will best serve the City's objectives; that the Council is being asked to make a general policy decision giving the Rocca Group sufficient assurances and rights to enable them to proceed meaningfully with negotiations with tenants and design of the project; that the Committee recommendation is that the City adopt the Proposal in principle subject to amendment by the developer and re- submission in three months - the Co- ordinating Committee and their consultants will work with the Rocca Group to achieve this end - during this period, the City's commitment and the means of financing it will be determined; that following Council approval of this next stage, detailed negotiation and planning of the structures, the developer's leasehold interest, the standards of construction and operation of the project, the financial terms and many other matters can proceed; that, concurrently, the City staff through the Co- ordinating Committee will continue with the property acquisition and site clearance - they will also proceed with the design and construction of the widening of Dock Street and general site preparation - they will also seek consultant advice as to the best way of construction of the sea wall to contain the site -- be received and filed and as recommended therein, the recommendations of the Co- ordinating Committee of The Urban Renewal, Partnership be adopted, namely:- that the City of Saint John accept the proposal of the Rocca Group in principle subject to the sub - submission of the proposal in ninety dyas to: (a) accommodate the design changes recommended by the Committee; (b) develop a detailed merchandising plan; (c) prepare a parking study to show that the parking content is sufficient to accommodate the uses intended; (d) define specific responsibilities for each part of the project, as follows, (i.) Open access roads and promenades: That this primarily be the responsibility of the developer. (ii.) Parking: That the City accept the responsibility to provide the parking facility other than that required for the Federal Office Building and housing. (iii.) Convention Centre: That the City's commitment to the convention centre can be conditional upon a satisfactory hotel commitment. (iv.) Theatre: That this facility be funded by private subscription. (v.) Library: That this facility be developed at the earliest possible date. (vi.) City Room: That the City not contribute towards the funding of the City Room. Councillor A. Vincent stated that on examining the Proposal, he is disappointed that there is only a figure of $500,000.00 for the Labour Temple because, in his own mind, he had that figure earmarked for non - denominational chapels. He pointed out that seven million dollars is available for the Labour Temple which the Labour people want to spend. He stated that in Saint John, the Unions are proud of their track Labour record, and they have established some of the Canadian international unions, and some of the oldest unions in Canada - with continuous membership in the international Labour family - have been in Saint John. He stated that the Labour people are quite proud in saying they are interested in negotiating with Mr. Rocca a Labour Temple in this city that would be second to none. In reply, Mr. Rocca felt that the figure of $500,000.00 might be a bit misleading. He stated that the first, original Market Square evaluation study that was made by the City (as referred to in the report of 1972, and on which committee several Council members sit) a Labour Temple of $250,000.00 was recommended. He felt that it must be kept in mind that the figure of $500,000.00 does not include foundations, parking facilities and all the other facilities that are normally found in a free - standing building; all these facilities are elsewhere in the project, so if you wished to duplicate elsewhere the space that is being talked about it would cost at least one million dollars, but at the present time, they are only talking about the square footage that was envisaged by the study - however, if the demand from the Labour unions exceeded that, the Rocca Group would be happy to supply the extra space. Councillor A. Vincent commented that he would rather see the five million dollars proposed for the theatre expended on housing and he suggested that perhaps we could tell the theatrical group to go out and raise that five million dollars and come back in three or four years to build the theatre. In explanation of his recommendation that the Rocca Group re- submit the proposal in ninety days, Mr. Barfoot advised that there are, following the presentation by the Rocca Group, a number of modifications suggested by the Partnership consultants, and the idea of the ninety -day period is for the developer to come back with the necessary changes so that the revised project can receive the go- ahead; what is being looked for at this time is approval in principle of what has been presented with all these details here, in order to give the developer knowledge of Council's support for his proposal. Councillor Davis stated there are certain details he feels the Council should approve of - for instance, although Councillor A. Vincent has said he does not want the five million dollar theatre, he himself wants it; therefore, is Mr. Rocca to put the five million dollar theatre in the project, or not - this sort of leaves Mr. Rocca in a quandary, he pointed out. The Mayor commented that the matter of the theatre is approved in principle and then we study it in detail. In agreeing with the Mayor's comment, Councillor Davis asked how long is the Council going to take to study the project in detail to permit Mr. Rocca to bring the proposal in in ninety days. He felt that for Mr. Rocca's protection perhaps the Council should arrange for a concerted series of meetings in order to get involved in sort of semi - details, at least - the library detail being very important because it will probably be the number one project, it being on the highest land. He stated he personally did not feel it was right to limit the Rocca people to ninety days because he was not that confident that all these details would be resolved. He stated he would rather see a motion providing for one hundred and twenty days, or something like that. Councillor M. Vincent asked if the Council was able to provide in almostthe immediate future the necessary guidelines on some of the topics that have just been discussed, would the period of ninety days be sufficient to the Rocca Group to re -meet, again. In reply, Mr. Rocca stated that there is no question that the ninety -day period is going to be tight, but they feel it can be met - or, if he has any doubt and that the Rocca Group consciously tried to meet this deadline and could not meet it and the Council would close the Group out 'regarding its proposal, he would have asked for one hundred and twenty dr_ �onei. hundredcandc :fifty„days.(:.Eeaaddedithat, in this regard, a lot depends on the in -put the Rocca Group will get from the Urban Renewal people and their consultants, the Library Board, and so on, which means it involves a lot of work from a lot.of people, and not just the Rocca Group, Mr. Barfoot pointed out that ninety days is the recommendation of the Co- ordinating Committee which the Council was considering at this time. He stated he believes that if the developer wanted more time he could certainly come back land ask the Committee for the extension of time. Councillor Kipping stated he presumes that it is understood • • • • A F, • • i 14, 4ef 0. Zoek Si 0 /1/ /C Coll �a /e, ,Ci 6rdry • �%/si0u/e7hce (out /�inJq e7 HNd S e zee. • M that the financing details will be made very clear to all of us. In reply, Mr. Barfoot pointed out that the ninety -day period is as in the recommendations for the developer to incorporate the changes in the plan which have been requested essentially by the Co- ordinating Committee's consultants, to prepare a detailed merchandising plan, to prepare a parking study and to define specific responsibilities. He stated that there are many other details of this development after this stage which have to be worked out, which will have to be worked out in a subsequent time period; there are certain definite things to be done within the ninety days and that is why it is a fairly limited period of time. Councillor Kipping asked when the Council will get details on financing. Mr. Barfoot noted that his report to Council in this regard states that the Committee recommendation is that the City adopt the proposal in principle subject to amendment by the developer and re- submission in three months - the Co- ordinating Committee and their consultants will work with the Rocca Group to achieve this end - during this period, the City's commitment and the means.of financing it will be determined. He stated that present at this meeting were representatives of many of the governmental agencies with which we will be talking on the means of financing the City's commitment. Councillor A. Vincent proposed a motion, as follows, "That the Rocca Group meet with the Saint John Library Board within seven days or less with the intent of engaging a consultant who is an expert in building libraries. ", and Councillor Green indicated he would second the motion. Mr. Rocca referred to the above named December 6th, 1974 letter from the Rocca Group, on page 12, wherein the Group says "to ensure the success and orderly development of the complex an immediate commitment is necessary on the following points.. ", and Point C is "Approval of library and immediate construction "; Mr. Rocca stated that to carry on with the work that City Manager noted and with the motion the Council has accepted, the Rocca Group needs to get involved with the Library as soon as possible, and what Councillor A. Vincent's motion is saying, the Group would be very happy to see. He added that the motion is not committing the City to spend the 2.8 million dollars; we are committing the City to start working on it so that in the ninety days when they come back here they will have the details worked out. In discussing the motion, Councillor A. Vincent stated that his intent is that after consultation within seven days with Mr. Rocca and some members of the Library Board to find out what the Library people want, with the intent of engaging. Councillor Higgins felt that the Library Board and Mr. Rocca should meet as soon as possible and discuss the need of a consultant, but he does not believe it is within the Council's scope to order such a meeting for a certain time and the hiring of a consultant. Councillor A. Vincent explained that the reason he made the motion is because he understands that the Library Board does not have that kind of money, and, therefore the Council will have to pick up its share of the cost of a consultant; he feels that the Council should be aware of this, because it involves a lot of money, and his desire is that we get the best in -put we can get. Mr. James Harris, the Partnership consultant on the economic feasibility of this project, spoke at this tme. He felt that on the matter of the library, there are a few things to be settled first before you design the ultimate project. He stated that there are severe questions as to the location of this library within the complex; the ramifications of that location on other parts of the complex. He stated that without trying to dampen any enthusiasm to get on, he felt that the Council should have somebody who understands the library business but their discipline should tie meshed with the disciplines that are involved in the production of other parts of this particular complex. He stated he would not want the Council to be accepting as fait accompli that the library locates as the Council has seen depicted as in that location only because there are questions that it should be modified and possibly relocated slightly in connection with the over -all balance of the project. Councillor A. Vincent pointed out that he made the motion because he is not happy with the depicted location of the library. The Mayor advised that the Council would have to leave this matter to the experts to work it out with Mr. Rocca, as suggested. In further clarification of his proposed motion, Councillor A. Vincent advised that it is for Mr. Rocca to meet with the Library Board with the intent of discussing to engage a consultant; he is asking the Rocca Group to meet with the said Board with the intent of coming back and hiring a consultant. On motion of Councillor A. Vincent Seconded by Councillor Higgins RESOLVED that the Rocca Group meet with the.Saint John Regional Library Board within seven days with the intent of determining the requirements of the Board for the new library facility that is included in the proposal of the Rocca Group for the Market Square development and of discussing the engaging of a consultant who is an expert in the building of libraries. Mr. Rocca stated that, to clarify one point - namely, that of the theatre, which was brought up by Councillor A. Vincent - he does not want to be misunderstood on that point. He stated that the Rocca Group is not saying anywhere that the Group is looking for the City to invest any money towards the theatre; the Group feels that the whole five million dollar budget for the theatre should be raised by a campaign of some kind and he believes, in addition, there would be some grants. He stated that primarily some money has to come from the citizens in Saint John and all across Canada. He noted that on page 12 of the December 6th, 1974 from the Rocca Group, the Group is suggesting that as soon as possible a fund- raising campaign should be commenced, in the near future, so that four or five years from now when the theatre is ready to be.built the money would be available - otherwise, the City will never get a theatre. Councillor A. Vincent confirmed that this is exactly what he has in mind. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council held on 13th last, be confirmed. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council held on 20th last, be confirmed. Councillor Cave expressed the hope that the City Manager will have a report for the next meeting of Council if at all possible on the schedule of rates for the ambulance service for the outlying areas, that was requested by Council on January 20th last. Mr. Barfoot replied that we are looking into this problem as to whether it is possible to separate for such a service, and the possibility of setting rates for such a service. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the City Manager, approval be given for payment of the following construction progress certificate and approved invoice for engineering services in connection with a project that was undertaken under the Department of Regional Economic Expansion programme:- 370 , De,04RJ' Seconded by Councillor M. Vincent s Courtenay Bay Causeway Approaches . A.D.I. Limited Inspection Services, including the Plumbing Division, be received and filed. A /7V Engineering Services for Western Approaches • 1b.S y� Payments previously approved $ 137,326.05 (d:/6l Sd�l Sum recommended for payment, Progress Estimate Number 32, RESOLVED that the letter from the City Manager, advising that a a/o�vrbac%s November 30, 1974 $ 5,991.15 On motion of Councillor M. Vincent �j Rein f �r'� S Seconded by Councillor Hodges RESOLVED properly organized, can be called upon in an emergency, and in this respect, the Government has issued that the report of the Recreation and Parks Department, ept report covering the period from October to December, 1974, be received and filed. ��jeu / ( o�l, - ,PPC,/?70 qPS ' On motion of Councillor Green detailed mechanics of the said Emergency Measures Organization Programme -- and recommending that the • Seconded by Councillor M. Vincent RESOLVED that the report for December of the Technical and Inspection Services, including the Plumbing Division, be received and filed. M On motion of Councillor Hodges Seconded by Councillor Cave , RESOLVED that the letter from the City Manager, advising that a staff committee composed of the Executive Director of Operations, the Fire Chief and the Chief of Police has been working on the matter of co- ordinated planning for emergencies of many types which may occur in the City of Saint John; that there are many resources in the city, both public and private, which, if properly organized, can be called upon in an emergency, and in this respect, the Government has issued the Emergency Measures Organization Community Planning Guide; that the City believes that the first step �- 1nvge/lcy is the endorsement of an Emergency Measures Organization Committee by Council for the City of Saint John, ��jeu namely, Mr. J. C. MacKinnon, Executive Director of Operations, Co- ordinator and with Fire Chief Percy qPS Clark and Police Chief Eric W. Ferguson as Members, which Committee could then proceed with preparing 1 D,0 detailed mechanics of the said Emergency Measures Organization Programme -- and recommending that the • Council confirm the above -named Committee as the Emergency Measures Organization Committee for the City C O � h� �r of Saint John, and authorize the Committee to proceed with planning for emergencies -- be received and 1�XeG'. /b» filed and the recommendation adopted. Councillor M. Vincent felt that the formation of the above type of organization is an excellent idea, and he asked if the City Manager intends to have already existing Provincial Emergency Measures authorities involved right at the first with our civic Emergency Measures Organization. Mr. Barfoot stated he believes it is the intent to get it started, and then the Committee which is sanctioned by Council can begin planning with the other bodies which are in existence; that is, there will be a re- lationship between the said civic Committee and the other bodies that already exist, Provincial -wise. On motion of Councillor Cave Seconded by Councillor Green s'u6- d�lj,dq/tQQ- RESOLVED that the letter from the City Manager, advising that the ' rrl /9 sub- division agreement dated April 24th, 1970 between Scott Bros. Ltd. and the City of Saint John re- &Z e quires that the City pay for water and sewer piping materials in the Champlain Heights Sub - division, and that the submitted invoice from the said company in the amount of $3,350.30 is for sanitary and storm sewer materials used on Grandview Avenue and the connection to Sherwood Drive - Ian Street services, and further advising that the Works Department has checked the installed materials for quality, quantity and ��atiip /dI h price and verifies the amount of the invoice, and recommending that the said company be paid the said sum / of $3,350.30 for the said sub - division materials -- be taken from the table and filed (having been laid aS ua -d/ v on the table on January 20th last for information requested) and the recommendation adopted. Er'dh�!/ielf/ y��ie. Sl�erwnod 1J%'- Councillors A. Vincent and M. Vincent voted "nay" to the above motion. San S't-- Mr. Barfoot advised that the above invoice is for pipe installed on Grandview Avenue, which was designed and installed to City standards and services were inspected by Mr. Robert Munroe the Chief Inspector for the City. Councillor A. Vincent asked if he could see the inspection reports, to which Mr. • Barfoot replied in the affirmative, noting that these reports are available in the Works Department, on the inspections on all these pipes. Councillor A. Vincent explained that he wanted the matter laid on the table on January 20th to receive background information. He stated that the information he has is that this pipe installation is not working well. He asked how many complaints have been received about the said services. Mr. Barfoot replied that,,to his knowledge, there are no complaints. Councillor M. Vincent felt there might be an area of confusion on this particular point in that there were a number of complaints from the residents of Ian Street, while the Council is being advised by Mr. Barfoot that the section under discussion is not the Ian Street section. Mr. Barfoot stated that the section in question at this time is on Grandview Avenue - it covers the pipe installed on Grandview Avenue and there is also pipe through an easement from Grandview Avenue to Ian Street; Ian Street is connected to the main pipe - ' Ian Street is not covered by this invoice and it is a different part of the agreement, that is, Ian Street is a different phase of the agreement. Councillor A. Vincent stated he feels he is not getting the information he is asking for. He stated he would like the City staff to prepare a small street map to show all the Councillors what services installations come under each particular services agreement which would place the Council members in the position of being able to answer enquiries made by citizens. The Mayor advised that the information requested by Councillor A. Vincent, including the reference to complaints about the performance of the said services, will be supplied. On motion of Councillor Hodges , Seconded by Councillor Davis 91' CefCG°- RESOLVED that the by -law entitled, "A By -Law to Regulate the Operation of Bicycles in The City of Saint John ", be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled, "A By -Law to Regulate the Operation of Bicycles in The City of Saint John ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Hodges • Seconded by Councillor Gould RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John", be read a third time and enacted and the Corporate Common Seal affixed thereto. 37 1. Councillor A. Vincent noted that there is no provision in the above amendment for a progress building permit, and stated he thought it was to be included in that amendment. Mr. Rodgers replied that there is no • authority for including it. Councillor A. Vincent stated that there is no authority to issue such permits and yet they are being issued. He felt that when he discussed this regulation previously it was going to be taken care of on the third reading of this amendment. Mr. Rodgers stated that he remembers discussin it. He stated that the said regulation is not in the amendment because the City has no authority to put it in. He added that at the time he was talking with Councillor A. Vincent in the matter, he was not sure. Councillor A. Vincent explained that it is sensible to issue a progress permit and he felt that such provision has to be placed in the by -law, otherwise progress permits that are issued are illegal. He felt that the Legal Department should be asked for a draft of wording to be placed in the by -law to make these progress permits legal, or such permits be not issued. Mr. Rodgers pointed out that there could be the case of a large project, regarding which, by the time it is finished, a number of building permits might have been issued over the process of the construction but they are complete building permits in themselves, and they are not progress permits. In explanation of the M procedure that is followed in the Building Inspection Department, the Building Inspector advised that the building permits are issued and sometimes a notation is marked on the top of them "Progressive basis" - in other words, a permit could be issued for each different phase of the construction. Councillor A. Vincent asked that the City Solicitor, the Building Inspector and the City Manager consult together and give a complete ( /7�/✓�CJp, report to Council next week in the matter of the issuing of building permits as related to progressive building permits, and the question of building permits that have not been collected on. The Mayor replied that the d requested report will be obtained. The by -law entitled, "A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition ' of Buildings and Structures in The City of Saint John ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Higgins Seconded by Councillor Parfitt RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of ILLe _Xd" The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land to the rear of properties fronting on Ocean Westway and immediately to the west of the Spruce Lake School, containing approximatel "RS "R 44 acres, from -2" One- and Two- Family Suburban Residential district to -2" One- and Two- Family Residential • ah,so& district, "RM -1" Multiple Residential district and "B -1" Local Business district, be read a third time and aC enacted and the Corporate Common Seal affixed thereto. The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land situated on the south side of St. James Street, commencing at the intersection of Crown Street and extending westwardly a distance of approximately 500 feet on St. James Street, being the former Eastward Industries site, from "RM -1" Multiple Residential district to "T" Transportation district, be read a third time and enacted and the Corporate �v Common Seal affixed thereto. The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Cave Seconded by Councillor Higgins RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land situated west of King Square, Saint John West, between Duke and Prince Streets, from "P" Park district and "R -2" One- and "RM o- Family Residential district to -1" Three- Storey Multiple Residential district, be read a third time and (fh j to enacted and the Corporate Common Seal affixed thereto. ��u� • Councillor A. Vincent noted that there is no provision in the above amendment for a progress building permit, and stated he thought it was to be included in that amendment. Mr. Rodgers replied that there is no authority for including it. Councillor A. Vincent stated that there is no authority to issue such permits and yet they are being issued. He felt that when he discussed this regulation previously it was going to be taken care of on the third reading of this amendment. Mr. Rodgers stated that he remembers discussing it. He stated that the said regulation is not in the amendment because the City has.no authority to put it in. He added that at the time he was talking with Councillor A. Vincent in the matter, he was not sure. Councillor A. Vincent explained that it is sensible to issue a progress permit and he felt that such provision has to be placed in the by -law, otherwise progress permits that are issued are illegal. He felt that the Legal Department should be asked for a draft of wording to be placed in the by -law to make these progress permits legal, or such permits be not issued. Mr. Rodgers pointed out that there could be the case of a large project, regarding which, by the i time it is finished, a number of building permits might have been issued over the process of the construction but they are complete building permits in themselves, and they are not progress permits. In explanation of the procedure that is followed in the Building Inspection Department, the Building Inspector advised that the building permits are issued and sometimes a notation is marked on the top of them "Progressive basis" - in other words, a permit could be issued for each different phase of the construction. Councillor A. Vincent asked that the City Solicitor, the Building Inspector and the City Manager consult together and give a complete report to Council next week in the matter of the issuing of building permits as related to progressive building permits, and the question of building permits that have not been collected on. The Mayor replied that the requested report will be obtained. The by -law entitled, "A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Higgins Seconded by Councillor Parfitt RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land to the rear of • ��j�4'j properties fronting on Ocean Westway and immediately to the west of the Spruce Lake School, containing ap- "RS 'oa6oie proximately 44 acres, from -2" One- and Two- Family Suburban Residential district to "R -2" One- and Two - a_ Family Residential district, "RM -1" Multiple Residential district and "B -1" Local Business district, be read a third time and enacted and the Corporate Common Seal affixed thereto. 37.22 The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of.Councillor Hodges Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land situated on the south side of St. James Street, commencing at the intersection of Crown Street and c�7 'tee extending westwardly a distance of approixmately 500 feet on St. James Street, being the former Eastward Industries site, from "RM -l" Multiple Residential district to "T" Transportation district, be read a p-� 'R3'71 third time and enacted and the Corporate Common Seal affixed thereto. NIihG(Z�L°r� ) The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Cave Seconded by Councillor Higgins RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land situated west of King Square, Saint John West, between Duke and Prince Streets, from "P" Park district and "R -2" One- and Two- Family Residential district to "RM -1" Three- Storey Multiple Residential district, �,�(P�CaZ�e be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Cave /�7illu�eS Seconded by Councillor Gould 1 RESOLVED that the resignations of Messrs. P. W. Oland, J. D. s�af , Lamport, R. B. Smith, F. G. Elkin, R. H. Hedworth, Joseph V. Streeter, G. Christopher Collier, Ralph F. cJe////6�Op �O MM • Streb, P. D Darrah, Kenneth V. Cox and John P. Mooney, and Councillor F. D. Hodges, from the Saint John Port and Industrial Development Commission, effective as of January 16th, 1975, be accepted and letters of thanks be accorded to them, expressing the City's appreciation for the services rendered by them. Terms o-71C t- �eferer�ce S. T To tre� eve o SeT. Corr��ierc�c �(�Stf" /Yoriih�vtin9 Co�nrr�. rem,*ii' flee W,44p /e �udyet e'_5�5'e -WO 47h 6 %w) ,Aic &et'`' f/sy. C The Common Clerk advised that in addition to the above letters of resignation, he had just received a letter of resignation from Mr. John K. Logan as a member of the said Commission, and Councillors A. A. Vincent and Hartley G. Green notified him verbally of their resignations from the Commission; therefore, all members of the said Commission have now submitted their resignations. The Council dir- ected that Mr. Logan and Councillors A. Vincent and Green also be sent letters of appreciation for their services. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that the terms of reference of the Saint John Port Development Commission as submitted, be adopted. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the terms of reference of the Saint John Commerce & Industry Commission as submitted, be adopted. On motion of Councillor Hodges Seconded by Councillor A. Vincent RESOLVED that the matter of submission of nominees for :. appointment to the Saint John Port Development Commission and the Saint John Commerce & Industry Com- mission be referred to the Nominating Committee. 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 begs leave to report that it sat on January 20th, 1975 when there were present Deputy Mayor Higgins and Councillors Cave, Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, namely: - 1. That the request made by the Saint John Housing Commission for a budget estimated at $4,000.00 for the engagement of personnel, be acceded to. 27th January, 1975, Saint John, N. B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h a i r m a n. Mr. Barfoot suggested that the above recommendation be now worded, "That the request made by the Saint John Housing Commission for a budget estimated at $4,000.00 for the engagement of personnel, be acceded to for the year 1975 and that these funds be transferred from the Urban Redevelopment budget. ". On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that the request made by the Saint John Housing Commission for a budget estimated at $4,000.00 for the engagement of personnel, be acceded to for the year 1975 and that these funds.be transferred from the Urban Redevelopment budget: AND FURTHER that the above named report of the Committee of the Whole be received and filed. n U • 0 71 r 373 // O /,o7IJ UlM On motion of Councillor Parfitt •'"Co-e, !le/eI7 Seconded by Councillor Davis RESOLVED that as per the recommendation of the Land Committee, the freehold of Lot 18, Block 27, Queens Ward, situate at 111 Orange Street and containing 5,000 square feet, more or less, be sold to the Estate of Helen M. Pitt for the appraised value of $4,200.00. On motion of Councillor Pye Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the Land Committee, �eseih�ih Common Council resolution of December 16th, 1974 (which adopted a recommendation of the Land Committee whereby an easement was to be purchased from Mr. Gordon Carvell for a permanent power line for the operation and con- struction of the Carpenter Place Life Station) be rescinded in view of the fact that difficulties have arisen in finalizing this matter and the Works Department can use an alternate site. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that the letter from the Land Committee advising that Common Council resolution of March 8th, 1937 accepted the tender of E. R. Bates to purchase for the sum of $805.00 the house at 391 -393 Lancaster Street, Saint John West; that Mr. Douglas Martin is the present owner of the duplex /�cd bG G house on this street and has been assessed for both lots ever since he acquired this property and that the City n' treated him as the owner of both lots as no ground rent was charged - however, Mr. Martin's deed only describes bi T, the property located at 391 Lancaster Street; that whereas the Legal Department has investigated this matter, ?Ted2�-j-06L-7 the Land Committee now recommends that the City of Saint John grant Mr. Douglas Martin a deed of rectification 410 " for property at 391 -393 Lancaster Street, with Mr. Martin to pay all legal fees incurred -- be received and filed and the recommendation adopted. Councillor hairman of the Land Committee explained that there is a Davis, , , xp problem in the above matter, in that the wording of the document issued in 1937 omitted reference to one of the lots; the house that is there straddles the two lots and it is therefore assumed - and, also, from the amount of money that was paid . at the time - that this sale referred to both lots. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that the letter from the Civic Improvement and Beautification Committee requesting that the Common Council reaffirm its previous commitment that all of the land shown on the submitted site plan for the North End Urban Renewal Physical Design Concept will be developed in accordance with /� the Design Concept (that is, the land on the south side of Chesley Drive be retained for park purposes, with the l,.Fesre14, exception of the possible erection of a small office building on a portion of Site "A ", with the balance of the U area to be retained as a landscaped waterfront area) as the Committee understands there is a possibility that a w/� * °oy� ✓_ portion of the said land on the south side of Chesley Drive, known as Part "A ", may be used by a transport C e, company and other industrial uses and strongly objects to the use of this land other than as recommended in the Design Concept and the Comprehensive Community Plan -- be laid on the table until the next meeting of Council for information from the City Manager pertaining to the question raised regarding possible use of the said land by a transport company and other industrial uses. /'/Cwn On motion of Councillor MacGowan City 47 r' Seconded by Councillor M. Vincent RESOLVED that the letter from the Civic Improvement and Beautification ForteC<a%- Committee, submitting a conceptual plan of the Fort La Tour site prepared in 1970 and asking that the Common Council request that the newly - formed Fort La Tour Development Authority advise Council of their plans and progress regarding the development of this historic site, be received and filed and the Fort La Tour Development F ®rstj� /flu Authority be so requested. 1Jeve/ A On motion of Councillor M. Vincent • Seconded by Councillor Cave RESOLVED that the letter from the Transportation Committee in reply to Ti�717SQpl�� Common Council resolution of January 13th, 1975 whereby the letter from the Civic Improvement and Beautification c�OM.4p, Committee requesting the institution of parallel parking on both sides of King Street and that the officials of S.M.T. Eastern Ltd. be asked what their plans are for relocating the bus terminal from the said street, all of which the Committee feels would enhance the appearance of King Street as well as improve the traffic flow, snow removal and street cleaning in the area - was referred to the Transportation Committee and the Traffic and ki Safety Committee for their consideration and recommendation -- advising that the Transportation Committee has no control over the operation of the said bus company; however, the Committee is concerned over the movement of la, traffic causing delays to City Transit buses caused b angle tp�v7 �. g Y Y y parking of buses at the said S.M.T. terminal on 'pis 11611/4 King Street, be received and filed. L ham! On motion of Councillor MacGowan 1�1,,� T OV 07. Seconded by Councillor Davis RESOLVED that the above letter be laid on the table until the Council is considering the report that was requested from the Traffic and Safety Committee by Council resolution of January 13th, 1975• "nay ". Question being taken, the motion to table was lost with a majority of the Council members voting Question being taken, the original motion was carried with Councillor MacGowan voting "nay" On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that the letter from the Planning Advisory Committee with re- ference to the application from Mrs. Isabel Gibson for permission for continued occupancy of her mobile home which is presently located on the property of Mr. Colin Kennedy, on the southern side of Loch Lomond Road immediately east of Cairn's Store (formerly Titus Bakery), advising that original permission for occupancy was given by Common Council on compassionate grounds in 1969 and has been renewed annually since that time and that this permit is a "personel" one and is for her use only and is not transferable, and recommending that the Common Council renew the permit for the year 1975 -- be received and filed and the recommendation adopted. 374 On motion of Councillor Gould Seconded by Councillor Hodges - • RESOLVED that the letter from the Planning Advisory Committee with reference to the request from Mr. Brian Hayward that his expired permit for placing a mobile home (granted by Council resolution of April 30th, 1973) for a period of one year on a portion of his parents' property on the south side of Hickey Road (which permission was granted on condition that, (1) a building permit ywas to be obtained by the applicant, and (2) that the mobile home was to be removed at the end of the per- t' mitted period) be renewed for a further six months as he has bought a piece of land and expects it to be ready for occupancy at that time - recommending that permission be granted for a further six months provided that Mr. Hayward (1) can show evidence of having purchased land on which to build a house; (2) /P Oljf e files application for a permit for the temporary placement of the mobile home; and (3) files application for a building permit for the house -- be received and filed and the recommendation adopted. ' On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that the letter from the Planning Advisory Committee advising that application has been received from Northern Construction Company requesting permission to locate two mobile offices on the north side of St. Andrews Road about 1,600 feet west of the Lorneville Ia6/e �fi�dA7�°S intersection for a one -year period (the offices are to be new buildings with wide aluminum siding and will be used only for offices; there will be no warehousing or repair shop activites being conducted on the /Yo/rt�i/eI'/J site; the request is for temporary placement because the company feels that after one year it will be able to determine the location and size of a more permanent office within the city; Galbraith Construction Company, who own the property, were granted permission by Common Council to locate two mobile offices on this same site for a period of four months on August 27th, 1973 - these offices have since been removed0 and that the Commission recommends that permission be granted to Northern Construction Company for a period of one year -- be received and filed and the recommendation adopted. On motion of Councillor Pye Seconded by Councillor Cave �ayr�Bnt / RESOLVED that in accordance with the recommendation of the Planning Advisory Commitee, the sum of $88.00 be accepted in lieu of land for public purposes with respect to the D. W. Land Sub - division, which sum is eight per cent of the value of the new or additional lot, estimated at $1,100.00 by the City's Real Estate Department (in this instance, a 1.15 acre parcel with a'frontage of 326.feet along the north side of the Golden Grove Road is being severed from the D. W. Land property, and ��h d this particular parcel of land has a low estimated value by reason of the steep nature of the terrain). In reply to Councillor A. Vincent's question as to when the Council will be receiving the S %rjG' anticipated report with regard to increasing the amount to be paid per parking space in lieu of provision Ali a of such off- street parking spaces, Mr. Barfoot stated that he will bring the matter to Council. rn /teu o O street On motion of Councillor Higgins Seconded by Councillor Gould l • RESOLVED that the letter from Councillor MacGowan, recommending rePa�i% / y that, in future, notices received by the City from the New Brunswick Liquor Control Commission of hearings on applications for liquor licenses for beverage rooms, taverns, et cetera, be placed as items on the open 7 session of agendas for meetings of the Common Council for the purpose of informing the citizens of such matters, be referred to the Planning Advisory Committee and to the Legal Department for a report to Council on the procedure to follow regarding such notices. a//pfi �atiors �ieeael h s Councillors A. Vincent and Hodges voted "nay" to the above motion. ��`7�n,doS On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letters received from Marjorie H. Walton and Hazen '.1,4u a p Aepyo/js(f D. Walton of 64 Adelaide Street, from Mr. Roy H. Friars, President of Roy's Midway Limited of 43 Millidge d Q Avenue, and the joint letter from several businessmen located in the North End of Saint John, expressing • �6 /7/ i'/� their opposition to the proposal for permitting the establishment of a beverage room at the corner of .Redel67Je O, Metcalf and Adelaide Streets (41 Adelaide Street), be referred to the Planning Advisory Committee. Councillor Kipping asked that the Council be supplied with copies of the letters, next time, for JOry•��C" O/7 information. �'afFr�°�rsN Councillor Gould felt that the Common Council should suggest to the New Brunswick Liquor Control Commission that rather than all hearings regarding such applications be held in Fredericton, that the ✓ hearings be held in the various cities that would be affected by the said applications, so that the .046S 11 BSS My decisions on the applications would be made in the cities concerned. ' ", �v Gpitt , On motion of Councillor e �/atie, /9 Pt' Seconded by Councillor M. Vincent /+ RESOLVED that the letter from the Boy Scouts of Canada per Mr. OT Eric L. Teed, Scoutmaster, Church of the Good Shepherd, advising that February 17th to 22nd, 1975 is being �G� observed throughout Canada as Boy Scout -Girl Guide Week and requesting permission to raise a flag on the �� sApGGL — flag pole at Market Square each morning during the week in question (it being proposed to raise a Scout lag, Cub Flag, Venturer Flag, Rover Flag and possible Guide Flag on each successive day during the said f7 week to mark the occasion, with a suitable guard of honour to be present at the flag raising each morning), F /a!,q 5�N'9 be received and filed and the request granted. ce/'p�ron je,S On motion of Councillor Hodges Seconded by Councillor Davis RESOLVED that the letter from the District Waterfront Council, I. L. A. of the Port of Saint John, N. B. and Vicinity, requesting that a second Rescue Squad truck, which could be based in the west of the city and service the port of Saint John area, be provided and advising /7 that this request is presented on behalf of the five I.L.A. locals of the port of Saint John and that this . ?eSeae �9/t� request has also come from many sources, and advising that the waterfront workers welcome the news of the intended purchase of a paramedic unit, which news has sparked the request for a second Rescue unit, hopefully in the west side area, be received and filed and the said Waterfront Council so advised. I On motion of Councillor Gould 375 • Uh �'� „ /�� Seconded by Councillor Higgins RESOLVED that the letter from the New Brunswick Branch of the United Empire Loyalists' Association of Canada, noting that three bi- centennials are approaching, namely: 1983, which �G 19 C is the 200th anniversary of the end of the American Revolutionary War, and the arrival of the founding fathers of �ii1 New Brunswick, the Loyalists; 1984, when the Province of New Brunswick marks its 200th anniversary of the creation of the Province of New Brunswick; 1985, which marks the 200th anniversary of the creation of Canada's a7 hq A/,5. first municipal government, the City of Saint John - and advising that the Branch resolved that action be %�MOY oZ 0 OZ/� instituted to ensure that there are fitting observances on these three occasions and that it was felt that 1983 d MA�V should be centred in New Brunswick, but could also be Canadian wide, that 1984 should be Provincial wide, and 1985 would be principally for the City of Saint John, but also involving all municipalities in Canada - and ' advising that the Branch would be pleased to co- operate with the City in formulating plans to ensure fitting observances were conducted for these three events and awaits the City's advice, be referred to staff. Councillor MacGowan felt that if the Council could suggest to the above named Association that the $P��� / Association could get in touch with the Federal Government regarding the issuing of a postage stamp to com- �S'�.e7L/ e memorate these dates, the stamps would be of great interest and they would certainly give publicity to the City ✓ of Saint John, as well. s4.Qmp /ce-6i. oye Following a session in Committee of the Whole, the Committee arose and the Mayor resumed the Chair in ' Common Council, when there were present Councillors Cave, Davis, Green, Higgins, Hodges, Kipping, MacGowan, Pye, A. Vincent and M. Vincent, and Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, rIgh7,4�l/ City Solicitor, J. C. MacKinnon, Executive Director of Operations, and S. Armstrong, Engineer with the Works al,4 e /e Department. On motion of Councillor Green Seconded by Councillor Higgins L EGA L RESOLVED that this meeting continue, in legal session. On motion of Councillor MacGowan • Seconded by Councillor Green RESOLVED that the letter from the City Manager submitting a letter to him fromthe City Solicitor, dated January 23rd, 1975, with respect to the outstanding matter between the City and the Shannon property, in which the City Solicitor states it seems that the parties have agreed on a compensation price for the property and that an outstanding matter in dispute is the item of $500.00 costs which the Third Party, namely, the Workmen's Compensation Board are claiming, and that in view of the fact that the City is so ��hq Oil close to settlement and that if settlement is not reached the issue of the validity of the City's expropriation prOPer�y will be challenged in the Appeal Court, he is recommending that the City pay an additional $500.00 to Mr. and Mrs. Shannon so that the actual price of settlement between the City and Mr. and Mrs. Shannon will be $22,500.00 be received and filed and the recommendation of the City Solicitor adopted. Ur6a� / Mr. Barfoot noted that he has not yet received confirmation or denial from the Co- Ordinating Committee of the Partnership that it is willing to cost -share in the above amount of $500.00. ' On motion of Councillor Cave Seconded by Councillor Pye / RESOLVED that the letter from the City Solicitor, dated January 24th, 1975 C /tU�O�C advising that several weeks ago the City Manager and various City staff discussed with Council in legal session / problems surrounding the Kierstead Mobile Home Park and alleged violations by Mr. Kierstead of the by -law, and '/ that it has become obvious through experience over the past several years that negotiations between City staff � / eYps&p and Mr. Kierstead have not proved very successful with respect to Mr. Kierstead making a reasonable attempt to pIC4,, /e, meet the various City regulations governing mobile home parks, and further advising that the Legal Department X,f /� has looked into this matter and will take the necessary steps to commence prosecution - the most flagrant /O/#� f a3 offence apparently being committed by Mr. Kierstead is in the area of essential services and buffer zones; and advising that, however, before prosecution can begin compliance by the City with Section 9(1) of the by -law must be satisfied; and advising that it is his opinion that the notice given on November 15th, 1975 by Mr. R. Dhar, City Architect and Supervisor of the by -law of certain violations to Mr. Kierstead but without reference to the • time in which the violations should cease, was invalid, consequently another notice is required, and that due to weather conditions existing at this time of the year it would be impractical for the City to forward a notice to Mr. Kierstead at this time, and that suitable weathe7conditions will probably not exist until sometime in April and since the time given in the notice must not exceed sixty days, it appears that a required notice could reasonably be given on or about the lst day of April, 1975; and further advising that since this notice is required by the by -law and since the purpose of the notice is to give the owner of the Park a reasonable length of time in which to comply with the by -law, it seems for the foregoing reasons no prosecution can be commenced at this time, and, in the meantime, and upon the return to the City of Mr. R. Dhar, the City Solicitor will take the necessary steps to see that proper notice is sent to Mr. Kierstead at the earliest appropriate time -- be received and filed and the action be carried out as recommended therein. ' Mr. Barfoot advised that Mr. J. C. MacKinnon, the Executive Director of Operations, has been invited by a manufacturer to attend a large international convention of equipment that is to be held in Chicago, U. S. A., and to attend at the manufacturer's expense. He stated that his thought is that the City should not be encouraging this sort of thing, and that he would, however, like to get the view of the Council in the matter. On motion of Councillor Higgins ' yr /On Seconded by Councillor Cave Ojp/g/7�/ Oh RESOLVED that Mr. MacKinnon not attend the above noted convention at the manufacturer's expense. Councillor Higgins noted that Mr. MacKinnon can discuss the matter with the City Manager and whether it is important enough for him to attend the convention with expenses to be borne within the Department's budget. Councillor MacGowan noted that some Council members were at another meeting at 12.00 noon today and 'r/1"10t�! missed the meeting regarding the throughway, and she therefore asked for a report regarding the said throughway ,7./v meeting. The Mayor replied that the requested report will be provided, as soon as it is ready. Mr. Barfoot • �� �u_ �% asked if the report is to be in verbal or written form. The Mayor felt that the report could be in the form of JJ a review of what was shown to the said meeting. �yy `� Councillor A. Vincent suggested that the dates and times of meetings be better co- ordinated so that c2 /%! S % they will not conflict, and that the meetings be posted on a notice board, for the information of Council c°v-or4aL - �ivr� ss- /i0� /fie io 376 ,.�5[/7day work lyrl,l P 10 / 1 i1' .arunscvic�t sy. � Adz`' /975" ,3ud et ,Bu�et�e�iE f7e�.7oh i h9 ✓ohn O, serahv( � other members. The Mayor stated that he believes a calendar of events is going to be prepared and sent out so that the Council members will know what meetings are taking place and the Council members can fill in the meetings that are to be held on same, each month. Councillor A. Vincent advised that on two Sundays, January 26th and 19th last, he found it necessary to ask the Police Department to have the work that was taking place at the Brunswick Square site shut down as the air compressors used in drilling by jack hammers and said drilling were making so much noise. He felt that it is not necessary for that job to be taking place on Sunday, and that the Lord's Day Act should be studied and its provisions observed. On motion The meeting adjourned. Common r k. At a Common Council, held at the City Hall, in the City of Saint John, on Tuesday, the twenty - eighth day of January, A. D. 1975, at 5.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Green, Kipping, MacGowan, Parfitt; Pye and A. Vincent -and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, E. W. Ferguson, Chief of Police, and H. Ellis, Budget Officer On motion of Councillor Green Seconded by Councillor MacGowan RESOLVED that the Mayor and Common Clerk be authorized to execute on behalf of the City, a Notice of Appeal to the Budget Review Board in accordance with section 1 (2) of Regulation 73 -133 under the Municipal Assistance Act. On motion The meeting adjourned. %/-,--Ij /I A- A q • Common erk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the third day of February, A. D. 1975, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, ' E. Ferguson, Chief of Police, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, D. Carter, Economic Co- Ordinator, D. French, Director of Personnel and Training, H. Ellis, Budget Officer, and S. Armstrong, Engineer with the Works Department The meeting opened with silent prayer. The Common Clerk advised that advertising took place in connection with the proposed re- zoning the existing housing areas lying east of Wentworth Street between Broadview Avenue and the rear of the s on the northerly side of Britain Street and including the several vacant lots therein (and including property of Mr. John 0. Secord at 141 -143 Broadview Avenue) and that no written objections were • eived. No person or persons were present to offer comment regarding the said proposed re- zoning. On motion of Councillor Hodges Seconded by Councillor Pye RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law F_ 377 The Common Clerk stated that the necessary advertising was completed regarding the proposed closing of two small sections of the original Sandy Point Road which were abandoned when reconstruction of the road ' alignment was completed, and that no written objections were received in this matter. It was noted that there were no persons present to offer comment regarding the said proposed road closures. On motion of Councillor Green Seconded by Councillor Cave 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 Made Under the Authority of Section 186A of 0°�eiL the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the following highway: - c %sir,9 SANDY POINT ROAD - All that certain lot, piece or parcel of land, situate, lying and being in the City of Saint John, County of Saint John, Province of New Brunswick, being bounded and described as follows: Beginning on the southwestern side of the Sandy Point Road at a point having New Brunswick Grid Co- ordinate values east 1108721.11 north 563834.49, going thence by an azimuth referred to the New Brunswick Grid • forty -three (43) degrees three (03) minutes fifty (50) seconds a distance of forty -two and thirty -five hundredths (42.35) feet to the southwestern side of a new alignment of the aforesaid Sandy Point Road, thence along the aforesaid new alignment an arc distance of one hundred and thirty -four and sixty -four hundredths (134.64) feet to point having a chord azimuth of one hundred and fifty -four (154) degrees fifty -nine (59) minutes fifty (50) seconds a distance of one hundred and thirty -four and fifty -one hundredths (134.51) feet to the intersection of the new alignment with the former southwestern side of the Sandy Point Road, going thence along the former southwestern side an azimuth of three hundred and six (306) degrees twenty -one (21) minutes twenty (20) seconds a distance of fifteen and sixty -four hundredths (15.64) feet to a bend, thence continuing on an arc distance of one hundred and nine and sixty -nine hundredths (109.69) feet a chord azimuth of three hundred and eighteen (318) degrees eight (08) minutes fifty -seven (57) seconds a distance of one hundred and nine and sixty -seven ' hundredths (109.67) feet to the place of beginning, containing an area of 2,717 square feet. and also - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint John, -n / County of Saint John, Province of New Brunswick, being bounded and described as follows: /" OG Beginning at a point on the southern side of the Sandy Point Road, said point being on the line of division between lands now or formerly owned by Garfield Reynolds, and lands owned by the City of Saint John, ' oing thence along the Sandy Point Road to a point having a chord azimuth of three hundred and five (305) degrees nineteen (19) minutes zero zero (00) seconds a distance of sixty and zero tenths (60.0) feet, thence continuing an azimuth of three hundred and seventeen (317) degrees fifteen (15) minutes twenty (20) seconds a istance of forty -six and two hundredths (46.02) feet to a point on the southern side of a new alignment of the andy Point Road, thence along the southern side of the new alignment to a point having a chord azimuth of one undred and seventeen (117) degrees thirty -five (35) minutes forty (40) seconds and a distance of forty -four d thirty -four hundredths (44.34) feet, thence continuing an arc distance of sixty and thirty -three (60.33) eet to a point having a chord azimuth of one hundred and fourteen (114) degrees three (03) minutes thirty (30) seconds a distance of sixty and thirty -two hundredths (60.32) feet, thence an azimuth of two hundred and eleven 211) degrees fourteen (14) minutes ten (10) seconds a distance of twenty -seven and thirty -three hundredths 27.33) feet to the place of beginning, designated as Parcel "D" and "E" and containing an area of 1,656 square • feet - be read a first time. Read a first time the by -law entitled, "A By -Law to Amend a By -Law Respecting the Stopping Up and losing of Highways in The City of Saint John Made Under the Authority of Section 186A of the Municipalities ct 1966 and Amendments Thereto ". of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning the existing housing areas lying east of Wentworth Street between Broadview Avenue and the rear of the lots on the northerly side of • Britain Street and Lincluding the several vacant lots therein, from "T" Transportation district to "RM -1" Multiple Residential district, be read a first time. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". Re -zatiih On motion of Councillor Gould T OW17 O n7 Seconded by Councillor Green RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning the existing housing areas lying east of Wentworth Street between Broadview Avenue and the rear of the lots on the northerly side of Britain Street and including the several vacant lots therein, from "T" Transportation district to "RM -1" Multiple Residential district, be read a second time. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Gould ' Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee, to whom had been referred the application of Mr. John 0. Secord for the re- zoning of his property at 141 -143 Broadview Avenue on which he proposes to erect a one - family dwelling house, advising that the Committee is recommending that a larger area than Mr. Secord's lot, as shown on the submitted plan, be re -zoned from the existing "T" Transportation, to "RM ", -1 One- and Two - Family Two- Storey and Two- or Three - Family Three- Storey Multiple Residential, and that the Committee's recommendation is based on review of the existing Transportation zoning (under that classification, a dwelling is not permitted) which was established in 1963 in an attempt to provide an area to which might be attracted port- oriented uses and those complementary to warehousing and other industrial activities already there; noting that in the intervening years, only three buildings have been • ��_ �1lh�h erected - a 7 -Up garage, the Eastward Industries office and warehouse and an office for Imperial Oil - at the same time, all of the existing housing in the area has been subject to various limitations relating to ex- tensions and the like because of this restriction; advising that there are now actually two Transportation zones (one in the easterly and one in the westerly side of the lower end of the central peninsula) in the said �eCOr� peninsula area, part of the Transportation zone having been re -zoned several years ago to "RM -1" classification to permit several apartment buildings by the Rocca Group; and further advising that the rest of the zone which would be retained in the current Transportation zoning is used for warehouses, offices and oil storage tanks and it alsocontains a one - family dwelling alongside of a vacant lot on the southeast corner of Broadview Avenue and Wentworth Street - in time, this portion of land could be used for a particular use under Transportation zoning or, if necessary, re -zoned for dwelling purposes -- be received and filed. The Common Clerk stated that the necessary advertising was completed regarding the proposed closing of two small sections of the original Sandy Point Road which were abandoned when reconstruction of the road ' alignment was completed, and that no written objections were received in this matter. It was noted that there were no persons present to offer comment regarding the said proposed road closures. On motion of Councillor Green Seconded by Councillor Cave 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 Made Under the Authority of Section 186A of 0°�eiL the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the following highway: - c %sir,9 SANDY POINT ROAD - All that certain lot, piece or parcel of land, situate, lying and being in the City of Saint John, County of Saint John, Province of New Brunswick, being bounded and described as follows: Beginning on the southwestern side of the Sandy Point Road at a point having New Brunswick Grid Co- ordinate values east 1108721.11 north 563834.49, going thence by an azimuth referred to the New Brunswick Grid • forty -three (43) degrees three (03) minutes fifty (50) seconds a distance of forty -two and thirty -five hundredths (42.35) feet to the southwestern side of a new alignment of the aforesaid Sandy Point Road, thence along the aforesaid new alignment an arc distance of one hundred and thirty -four and sixty -four hundredths (134.64) feet to point having a chord azimuth of one hundred and fifty -four (154) degrees fifty -nine (59) minutes fifty (50) seconds a distance of one hundred and thirty -four and fifty -one hundredths (134.51) feet to the intersection of the new alignment with the former southwestern side of the Sandy Point Road, going thence along the former southwestern side an azimuth of three hundred and six (306) degrees twenty -one (21) minutes twenty (20) seconds a distance of fifteen and sixty -four hundredths (15.64) feet to a bend, thence continuing on an arc distance of one hundred and nine and sixty -nine hundredths (109.69) feet a chord azimuth of three hundred and eighteen (318) degrees eight (08) minutes fifty -seven (57) seconds a distance of one hundred and nine and sixty -seven ' hundredths (109.67) feet to the place of beginning, containing an area of 2,717 square feet. and also - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint John, -n / County of Saint John, Province of New Brunswick, being bounded and described as follows: /" OG Beginning at a point on the southern side of the Sandy Point Road, said point being on the line of division between lands now or formerly owned by Garfield Reynolds, and lands owned by the City of Saint John, ' oing thence along the Sandy Point Road to a point having a chord azimuth of three hundred and five (305) degrees nineteen (19) minutes zero zero (00) seconds a distance of sixty and zero tenths (60.0) feet, thence continuing an azimuth of three hundred and seventeen (317) degrees fifteen (15) minutes twenty (20) seconds a istance of forty -six and two hundredths (46.02) feet to a point on the southern side of a new alignment of the andy Point Road, thence along the southern side of the new alignment to a point having a chord azimuth of one undred and seventeen (117) degrees thirty -five (35) minutes forty (40) seconds and a distance of forty -four d thirty -four hundredths (44.34) feet, thence continuing an arc distance of sixty and thirty -three (60.33) eet to a point having a chord azimuth of one hundred and fourteen (114) degrees three (03) minutes thirty (30) seconds a distance of sixty and thirty -two hundredths (60.32) feet, thence an azimuth of two hundred and eleven 211) degrees fourteen (14) minutes ten (10) seconds a distance of twenty -seven and thirty -three hundredths 27.33) feet to the place of beginning, designated as Parcel "D" and "E" and containing an area of 1,656 square • feet - be read a first time. Read a first time the by -law entitled, "A By -Law to Amend a By -Law Respecting the Stopping Up and losing of Highways in The City of Saint John Made Under the Authority of Section 186A of the Municipalities ct 1966 and Amendments Thereto ". 37 .8 On motion of Councillor Pye • Seconded by Councillor MacGowan ESOLVED 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the following highway: - SANDY POINT ROAD - All that certain lot, piece or parcel of land, situate, lying and being in the City of ' Saint John, County of Saint John, Province of New Brunswick, being bounded and described as follows: Beginning on the southwestern side of the Sandy Point Road at a point having New Brunswick Grid Co- ordinate values east 1108721.11 north 563834.49, going thence by an azimuth referred to the New Brunswick Grid forty -three (43) degrees three (03) minutes fifty (50) seconds a distance of forty -two and thirty -five hundredths (42.35) feet to the southwestern side of a new alignment of the aforesaid Sandy Point Road, thence along the aforesaid new alignment an arc distance of one hundred and thirty-:four and St Nee z'- sixty -four hundredths (134.64) feet to a point having a chord azimuth of one hundred and fifty -four (154) degrees fifty -nine (59) minutes fifty (50) seconds a distance of one hundred and thirty -four and fifty- ' one hundredths (134.51) feet to the intersection of the new alignment with the former southwestern side of the Sandy Point Road, going thence along the former southwestern side an azimuth of three hundred and six (306) degrees twenty -one (21) minutes twent (20) seconds a distance of fifteen and sixty -four hundredths (15.64) feet to a bend, thence continuing on an arc distance of one hundred and nine and sixty -nine hundredths (109.69) feet a chord azimuth of three hundred and eighteen (318) degrees eight (08) minutes fifty -seven (57) seconds a distance of one hundred and nine and sixty -seven hundredths (109.67) feet to the place of beginning, containing an area of 2,717 square feet. - and also - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint • John, County of Saint John, Province of New Brunswick, being bounded and described as follows: Beginning at a point on the southern side of the Sandy Point Road, said point being on the line of division between lands now or formerly owned by Garfield Reynolds, and lands owned by the City of Saint John, going thence along the Sandy Point Road to a point having a chord azimuth of three hundred and five (305) degrees nineteen (19) minutes zero zero (00) seconds a distance of sixty and zero.tenths (60.0) feet, thence continuing an azimuth of three hundred and seventeen (317) degrees fifteen (15) q� minutes twenty (20) seconds a distance of forty -six and two hundredths (46.02) feet to a point on the southern side of a new alignment of the Sandy Point Road, thence along the southern side of the new Ra/ alignment to a point having a chord azimuth of one hundred and seventeen (117) degrees thirty -five (35) minutes forty (40) seconds and a distance of forty -four and thirty -four hundredths (44.34) feet, thence continuing an arc distance of sixty and thirty -three (60.33) feet to a point having a chord azimuth of one hundred and fourteen (114) degrees three (03) minutes thirty (30) seconds a distance of sixty and thirty -two hundredths (60.32) feet, thence an azimuth of two hundred and eleven (211) degrees fourteen ' (14) minutes ten (10) seconds a distance of twenty -seven and thirty -three hundredths (27.33) feet to the place of beginning, designated as Parcel "D" and "E" and containing an area of 1,656 square feet - be read a second time. ` Read a second time 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 Made Under the Authority of Section 186A of the Munici- palities Act 1966 and Amendments Thereto ". The Mayor advised that on December 9th, 1974 the Common Council approved and adopted a budget for the City for the year 1975, and that since that date the budget has been under review by the De- partment of Municipal Affairs of New Brunswick, and has also been under study by the Council and City staff. He stated that it has been learned that additional non -tax revenues will now be forthcoming through the Provincial Department and the City therefore feels it can change the budget accordingly. • On motion of Councillor Cave Seconded by Councillor A. Vincent �esci.*7 n9 RESOLVED that Common Council resolution of December 9th, 1974 /i be rescinded and the following resolution be substituted, namely: - mv0h "RESOLVED that the amount of $22,630,322.00 be adopted as the estimate required for the cperation of the City of Saint John for the year 1975 as follows: General Government SArvice� $3,036,789 ' Protective Services 7,353,868 Transportation Services 5,716,820 Environmental Health Services 750,100 Environmental Development Services 1,232,045 Recreation and Cultural Services 1,866,200 Fiscal Services 2,624,500 $ 22,580,322 Q a more detailed breakdown of the above estimate is attached and forms a part of these minutes. ' �icd9et On motion of Councillor Cave Seconded by Councillor Green RESOLVED that Common Council resolution of December 9th, 1974 be �es/n W/ %79 rescinded and the following resolution be substituted, namely: - 177% bh "RESOLVED that the amount of $2,238,600.00 be adopted as the estimate for non tax revenue for the year /VOhX 1975, a more detailed breakdown of this estimate is attached and forms a part of these minutes." reve/7ae • On motion of Councillor Green /677.,5- Seconded by Councillor Cave Rppea/ -Ao RESOLVED that the City not take any further action with respect to I the Appeal before the Budget Review Board and that the Appeal is hereby withdrawn. 3u � ev,Q .Bd. JWA�X 67w I 39 The Mayor pointed out that the changes in the non -tax revenue increases have been agreed upon by the various Government Departments, and that the City has been able to achieve this change which is a reduction in • the budget figure by delaying the employing of people until approximately mid - summer and thus saving money, which means a reduction of $50,000.00 in the budget. He stated that the budget can be reduced by a total of $190,300.00 by having the said non - revenue increase and by taking a reduction in employment and payment. On motion of Councillor M. Vincent L Oh7Y�7' Seconded by Councillor MacGowan RESOLVED that the letter from the City Manager, advising that the Council having accepted at its meeting on January 27th, 1975 the Market Square Proposal of the Rocca Group (in principle) subject to a number of conditions, the City will now have to enter into detailed negotiations with /i 1 the Federal and Provincial Governments for their participation and cost - sharing in the project, and that an SdT . eel GAP essential requirement for these negotiations is that the City accept the guidelines recommended in the Saint / fIt'c7 John Central Area Urban Design, and advising that in keeping with the recommendation of the Planning Advisory �/7,� Committee to Common Council, dated November 29th, 1974, the City Manager recommends that the City of Saint John adopt the Saint John Central Area Urban Design as the strategy or broad set of guidelines for the redevelopment 9Acl;fe of the central, uptown area of the City -- be received and filed and the recommendation adopted. On motion of Councillor Pye Seconded by Councillor Green RESOLVED that the letter from the City Manager, advising that Lloma Con- struction, represented by Mr. Lloyd Paul of 76 Mountain Road, is developing approximately 400 feet of Michael o� 6i Crescent, in Silver Falls Park which is an area consisting of four lots to be used for apartment buildings, and ayreemeO servicing plans, which met with the approval of the Works Department, were submitted by the developer, and /ate further advising that according to the City's sub - division policy, the City will be responsible for the fol- lowing costs:- (1) water materials (watermains, gates, hydrants, etc.) $5,300.00; (2) sanitary sewer materials (pipe, manholes, etc.) $2,500.00; (3) storm sewer materials (pipe, manholes, catch basins, etc.) $3,200.00 -- ����/ Ae74e for a total estimated cost of $11,000.00 - and recommending that the said expenditures be approved for water and �pyt /?4 C / sewerage materials, to be charged to the 1975 Capital Budgets, and that the Mayor and Common Clerk be authorized to execute the sub - division agreement, in due course, be received and filed and the recommendation adopted. •Zf neS. 07 /mAly, )e: _ On motion of Councillor Cave /alm/j_/I Seconded by Councillor Green Rq RESOLVED that in accordance with the recommendation of the City Manager, approval be granted for payment of the following invoices for equipment rental:- Chitticks (1962) Ltd. - to the Water & Sewerage Dept. December 16 -31, 1974 (dated January 3, 1975) $ 4,101.00 Ju //nrrle47 D. Hatfield, Ltd. - to the Water Dept. December 16 -31, 1974 (dated January 3, 1975) $ 4,643.44 - to the Water Dept. January 1 -15, 1975 (dated January 17, 1975) $ 4,627.00 Councillor Gould voted "nay" to the above motion. Councillor A. Vincent asked when the City staff will be bringing in the up -to -date, complete report regarding Silver Falls Park, as to whether or not we should be building any more buildings there, and so on. He recalled that when Mr. William Mintern was before the Council and the City had negotiations with him, one of the biggest problems was that there was a flooding condition and so on, and Councillor A. Vincent was under the �epp�D/`J re impression that that was the last permit that was going to be issued and Mr. Min tern had to put up a certified cheque, and the City we were not going to allow further building there until we get a complete report on the �iiYe6^ Fes/ approximate cost to drain the whole area. He stated that the water in this area originates in the Fox Farm Road area, in Kings County. The Mayor advised that the Council will have a report in this matter. �7. N1 Wex, On motion of Councillor Gould Seconded by Councillor Cave • pr0 M RESOLVED that in accordance with the recommendation of the City Manager, authority be granted for payment of the following construction progress certificates, and approved invoices for engineering services in connection with projects that have been undertaken under the Department of Regional Economic Expansion programme:- C�H�ti9i>t`Cd' 1. Carpenter Place Lift Station Fredericton Housing & Construction Co. Ltd. Total value of contract $ 658,850.00 Total work done 88,569.33 Retention 9,556.50 Amount previously approved Nil �7 �0, Sum recommended for payment, Estimate Number 1, T January 22, 1975 $ 79,012.83 T 2. Saint John Major Water Supply 5�� �✓ �����01^ A. D. I. Limited Engineering Services n Payments previously approved Nil Sum recommended for payment, Estimate Number 1 December 31, 1974 $ 6,134.81 On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the report of the Street Department for the month of De- cember, be received and filed. hepo �z` Noting that the above report refers to the construction of a retaining wall at St. James Street, Saint John West, Councillor MacGowan asked how large that retaining wall is, and commented that the sum of $22,818.00 for same appears to be quite an amount of money. Mr. MacKinnon advised that the said figure is only a portion of the cost, as the total cost was close to $35,000.00 or $40,000.00; the wall runs the entire length of the block and its depth varies - in some locations it is fifteen to twenty feet in depth. The Council members TM 5 expressed commendation to Mr. MacKinnon and his staff for the above excellent report, which refers to reduction sv'/ /, lese in hired equipment costs since 1971. 380 On motion of Councillor Gould On motion of Councillor Cave ��// V/'ki? J�QNeGI /o, Seconded by Councillor Green • r eaderdee�e RESOLVED that the letter from the City Manager which advises that V�! y tenders were advertised for the demolition of the former G. E. Barbour Co. Ltd. buildings at 16 -22 North .)ewom/ OP4 Market Wharf and were opened at a meeting held on January 31st last, and that he recommends that the bid ✓J of Chittick's (1962).Ltd., in the amount of $12,500.00, this being the lowest tender received, be accepted ✓/ �L/Y�/i C /.i�°u for this work, and that the Mayor and Common Clerk be authorized to execute the contract in due course, be received and filed and the recommendation adopted. (741 lek; rlot_ll Councillor Parfitt called attention to the fact that the lowest bid for the above demolition "Pe work was $12,500.00 while the highest bid was $55,000.00, and stated that at the tender opening meeting she asked Mr. R. Thompson, the Assistant Redevelopment Officer, to check with the lowest tenderer to make ' sure that he knew just what the tender specifications were. Councillor A. Vincent asked whether or not the City now has the deed for the property at 16 -22 North Market Wharf, and Mr. Barfoot replied that the City has it. Councillor A. Vincent, in referring to the tender specifications, asked how far below ground does the contractor have to go to clean the site. Mr. Buck advised that he believes the instr- ' uction to the demolition contractors were to clear the site to grade and to fill the areas that were below grade with brick rubble with a surface on which vehicles could park. In reply to Councillor A. Vincent's question as to whether they have to take out the old tanks, Mr. Buck stated that if Councillor A. Vincent is referring to the two molasses tanks that were above grade, they will have to be removed; these two large tanks are inside the building, he noted. Councillor A..Vincent stated he wants assurance ' that the tanks will be taken out - not cut off. Mr. Buck assured him that the said two molasses tanks inside the building will be removed. Councillor Gould asked if a check has been made with Mr. Chittick to make sure he understood that the said tanks are to come out. Mr. Buck replied that he has not made a specific check on that point himself, but this will be checked out with Mr. Chittick. Councillor Mac - Gowan asked if there are any other tanks at this location. Mr. Buck stated that the only ones he is aware of are the said two molasses tanks. On motion of Councillor Gould G /eh Fa //s a� �f /oo�l /h.9 rrriCe. l�ieh�� Cu�l�eh�' sewer On motion of Councillor Cave Seconded by Councillor Green RESOLVED that the letter from the City Manager, dated February 3rd, 1975 regarding Marsh Creek -Glen Falls flooding be received and filed and the recommendations contained therein be adopted, namely:- that the following maintenance work be carried out as an immediate measure: (1) remove existing culvert under driveway off Connaught Avenue and re- install at existing channel invert - construct headwall on inlet; (2) remove debris from channel, particularly between Simpson Drive and Rothesay Avenue; (3) remove heavy vegetation from channel banks throughout - trim banks and seed where necessary to facilitate regular cutting; (4) inspect local storm sewer system and clean where necessary; and further, that the Provincial Department of Fisheries and Environment be requested to co- operate in the clean -up of Marsh Creek and to take action with respect to structures which constrict the flow thereof; and further, that a long range programme of capital improvements be implemented in the Marsh Creek area. In summation of his report, Mr. Barfoot pointed out that it comments on the cause of the • oding, on the recommendations that the consultants made generally in May of 1974, and there are some ediate maintenance works that are recommended for carrying out to improve the storm drainage character= =-._,si ihs in the Marsh. Councillor M. Vincent asked, regarding "7.1 General" recommendation made by the consultants (Proctor & Redfern Ltd.), "We recommend that, an overall flood control programme be undertaken from Marsh Creek, giving priority to the improvement of local drainage facilities, outlined in more detail below. We recommend that these initial works be followed by a long range programme designed to effectively Seconded by Councillor Hodges RESOLVED that the letter from the City Manager, submitting cor- • respondence from the Village of Grand Bay which advises that their dump will be closed to all non- residents, V�! y effective February lst, 1975 - and advising that the closing of the said dump does not affect the oper- CT�^v7Yl� anon of the City Sanitation Department, but will affect some city residents and industries in the ✓J western sector outer tax zone of the City, as this dump is more convenient than the City's disposal site ✓/ �L/Y�/i C /.i�°u at Howe's Lake, and adding that with reference to the larger matter of solid waste management in the City, information is still being gathered so as to better define the terms of reference for the study -- /loh- re.�i de be received and filed and sent to the proper. City staff. The question was raised that the closing of the above named dump to all non - residents is unfortunate at this time of year and the people in the area are up -set about it, and what provisions the City is going to.be able to make to look after these people. The Mayor stated that the City staff is looking into the matter with the Provincial Government. He stated that the dump in question was designed to have served Grand Bay for a period of twenty years provided they used it, but everybody used it and the dumping by small plants in Saint John, as well, reduced the years of the life of the dump to about ' five years, and the Village of Grand Bay realized this. Councillor MacGowan stated that a resident of the area is very concerned about the matter of what is going to happen to her property because previous to this, dumping took place on her property. Councillor MacGowan asked if there is any way we can protect the said property owner, because she cannot hire someone to do it. The Mayor replied that he felt it is a Police job. Councillor Kipping felt that the closing of the Grand Bay dump to all non- residents will likely result in a heavier burden on the City's own sanitation collection facilities and the people will have to make heavier use of the facilities that the City presently operates and pays for. He noted that it also puts greater urgency still on the matter of solid waste management in the city, which he brought up some time ago and which he believes is urgent. He asked that Mr. Barfoot take note that we are still gathering information to better define the terms of reference for the waste management study; that we had better gather the information soon, he believes, and get those terms of reference defined rather soon and proceed with that study because there is no way we can continue with that dump at thaha9errteht Howe's Lake for a period of five more years as has been suggested by some officials in the past. Noting that the surrounding villages and municipalities of the city are getting hard up themselves for dump • space and the City is hard up for such space already, Councillor Kipping felt this points up the urgency of the need to proceed with the said study. He asked when the terms of reference for the study will be ready. Mr. Barfoot, in reply, noted that Councillor Kipping in his comments has pointed up a problem which is not just a City problem but which is a metropolitan problem to some extent. He stated that at the present time, we are getting information on the experience of the Halifax- Dartmouth metropolitan area in their planning for solid waste disposal which is a very similar problem to our city's, and we will be incorporating this information in the terms of reference for our own study. Councillor Kipping asked if Council could be assured that no contracts will be entered into and no obligations undertaken without that matter having been brought to Council, because it may be that we could be embarked on a study which would cost many thousands of dollars. He stated he has information which leads him to believe that we might be able to do it locally and perhaps even without the use of City staff, for a great deal less cost ' - in fact, for no cost. G /eh Fa //s a� �f /oo�l /h.9 rrriCe. l�ieh�� Cu�l�eh�' sewer On motion of Councillor Cave Seconded by Councillor Green RESOLVED that the letter from the City Manager, dated February 3rd, 1975 regarding Marsh Creek -Glen Falls flooding be received and filed and the recommendations contained therein be adopted, namely:- that the following maintenance work be carried out as an immediate measure: (1) remove existing culvert under driveway off Connaught Avenue and re- install at existing channel invert - construct headwall on inlet; (2) remove debris from channel, particularly between Simpson Drive and Rothesay Avenue; (3) remove heavy vegetation from channel banks throughout - trim banks and seed where necessary to facilitate regular cutting; (4) inspect local storm sewer system and clean where necessary; and further, that the Provincial Department of Fisheries and Environment be requested to co- operate in the clean -up of Marsh Creek and to take action with respect to structures which constrict the flow thereof; and further, that a long range programme of capital improvements be implemented in the Marsh Creek area. In summation of his report, Mr. Barfoot pointed out that it comments on the cause of the • oding, on the recommendations that the consultants made generally in May of 1974, and there are some ediate maintenance works that are recommended for carrying out to improve the storm drainage character= =-._,si ihs in the Marsh. Councillor M. Vincent asked, regarding "7.1 General" recommendation made by the consultants (Proctor & Redfern Ltd.), "We recommend that, an overall flood control programme be undertaken from Marsh Creek, giving priority to the improvement of local drainage facilities, outlined in more detail below. We recommend that these initial works be followed by a long range programme designed to effectively I 381 Seconded by Councillor Green •tye 01C RESOLVED that the Police Department comparative report, for the periods O JrJT2 July 1st, 1973 to December 31st,,1973 and July lst, 1974 to December 31st, 1974, be received and filed. K44Z6. �— Councillor Kipping commented that this is a very fine report and that he thinks it is a step up, and that he agrees that the Chief of Police is to be commended on the energy and skill which he has brought to this task, and that the Police Force is to be commended on the response they have made to the challenge, as the City Manager has said. He stated that since it is obvious that the criminally anti - social element of society is 31, 14744 744 today more sophisticated than ever before it naturally follows that the guardians of our society - the Police COJ11/ orce - must also be more sophisticated, and it is up to those of us who are in a position to do something about that to make appropriate decisions. He felt that the Council has made some decisions and this is evidenced here by the statistics showing the provision of training and the acceptance of training. He felt that we now would look for results - improved Police work, morale and public regard for the Force; a new first step has been taken towards these goals, and congratulations are in order. Councillor M. Vincent asked if the Council would consider hearing residents of the Glen Falls area who were present at this time. On motion of Councillor M. Vincent ' Seconded by Councillor Gould RESOLVED that the residents of the Glen Falls area be permitted to speak at this time. Mr. Arthur Love asked that Mr. Barfoot's recommendation in his above named report "that the Provincial Department uy+ of Fisheries and Environment be requested to co- operate in the clean -up of Marsh Creek and to take 4? /q `ems �,� action with respect to structures which constrict the flow thereof" be explained. Mr. Barfoot replied that it means that we will be discussing with them the structures on the Creek which restrict the amount of water which flows through the channel; he believes there are eighteen of these structures; we will be following up with the Department on the structures which constrict the flow. In further reply, the Mayor noted that the City Manager sai were making a study of this matter - they have not got all the details - they know there are eighteen places // ✓ they have to look into and with the engineers they will be this out and we will be getting a report on it as 0�14�1j fast as the City can keep the residents of the area supplied with the inib^mation. Councillor Cave pointed out /�r�� / for the information of the delegation present that the report of the City Manager does mention that the con- (• !* sultants report was referred to staff and the Budget Committee to bring in a programme for implementation of the recommendations (as laid out in this report) for the year 1975. control a 25 year flood. ", what the intent is in this regard. Mr. Barfoot replied that the term 25 year flood is the peak flood which it is proposed it will be designed for - it is not proposed that it will take 25 years . to put it into effect. With respect to definition of the said long term programme in terms of years, Mr. Barfoot noted that this is the policy which has to be determined by the Capital Budget Committee. Noting that F/od ZZ the said recommendations of the consultants are set out in a.staging programme, Councillor M. Vincent asked if there is anything concrete on that insofar as terms of time are concerned. Mr. Barfoot, in reply, advised that the recommendation of the engineers is that these works were estimated in May 1974 to cost about $320,000.00 and it was proposed that the works be done over a period of approximately three years. Councillor M. Vincent (T noted that in regard to the City Manager's recommendation that the Provincial Department of Fisheries and Environment be requested to co- operate in the clean -up of Marsh Creek and to take action with respect to area structures which constrict the flow thereof ", his report in one instance seems to indicate that the Provincial ' Department of Fisheries and Environment are going to and are willing to go into negotiations or discussions, and then there is the above noted recommendation that we request them to do it. He asked if we have some negotiating to do with them before they will become involved in the matter, or are they already agreeing to do it. Mr. Barfoot stated that they have agreed verbally. He stated he thinks it would be a good matter for the /^vA/ Council to resolve that. Councillor MacGowan noted that Mr. Barfoot's letter refers to the repair or replacing of sewers C aC related to Rothesay Avenue (Fernhill Cemetery Area), and she asked if these new sewers be the same size, or larger, than the present sewers. Mr. Barfoot stated that they would be the proper size for the flows that are going to be dealt with; that is, they would be possibly larger sewers, if necessary. Noting that also contained ' in Mr. Barfoot's report is the information that the City engineers recommended that maintenance work be carried out in the meantime, including trimming channel banks and seeding where necessary to facilitate regular cutting, Councillor MacGowan expressed „gratification over same, and stated she thinks it will certainly make it more attractive, which she thinks is desirable. She urged that this recommendation not be lost sight of. Calling attention to the fact that the water flowing through the Marsh Creek area originates in the Fox Farm Road area in Kings County, Councillor A. Vincent expressed the view that the City should not approach the Marsh Creek flooding problem on its own but should approach the Provincial Government to have the Great Marsh Commission re- established and of obtain some money from that Government because that water drains from Kings County. • Councillor Cave stated that what he is concerned about is the immediate and before the run -off, and that some of the plans laid out by the City Manager and the engineers sound good to him, and that he believes we should implement them as soon as possible, before the spring run -off. With regard to Councillor A. Vincent's suggestion concerning the Great Marsh Commission and the drainage of water into the area from Kings County, Councillor Cave felt this is so true that we should meet with the Provincial Government in more detail as soon as possible because this is a major undertaking. Councillor A. Vincent felt that now is the time that the City should ask the New Brunswick Electric Power Commission with the idea that we should try to use the power from Marsh Creek for a miniature hydro station. He added that it is there, and there is all kinds of money available, and he thinks we should /UH. Recalling that Councillor Davis had made a suggestion to have a canal built through to Drury Cove, Councillor Green asked if there may be funds available to implement some of the City Manager's recommendations - that is, if it would not be possible to explore the possibility of putting in some high pressure pumps and a good -size pipe so that in peak situations such as a flash flood the water could be pumped in the opposite direction out to Drury Cove. He asked if the City Manager has explored this possibility. Mr. Barfoot replied that he has not personally followed up in the Council's resolution or request to the New ' Brunswick Electric Power Commission to look at this alternate scheme of Councillor Davis, but he will do so. Councillor M. Vincent asked the City Manager to advise the Council, and for the information of the people from the area who were present at this meeting, at what stage the negotiations are in with the Pro- vincial Government as to that Government's involvement in rectification expenses and any compensation expenses regarding the flooding which occurred in December of 1974. He felt that if there is any information in this regard, it is the Council's responsibility to make these people aware of it. The Common Clerk advised that a reply was received today from the Minister of Municipal Affairs today, and that the Council will have that reply before next week. rJ T7-c7! %'S On motion of Councillor Kipping Seconded by Councillor Green •tye 01C RESOLVED that the Police Department comparative report, for the periods O JrJT2 July 1st, 1973 to December 31st,,1973 and July lst, 1974 to December 31st, 1974, be received and filed. K44Z6. �— Councillor Kipping commented that this is a very fine report and that he thinks it is a step up, and that he agrees that the Chief of Police is to be commended on the energy and skill which he has brought to this task, and that the Police Force is to be commended on the response they have made to the challenge, as the City Manager has said. He stated that since it is obvious that the criminally anti - social element of society is 31, 14744 744 today more sophisticated than ever before it naturally follows that the guardians of our society - the Police COJ11/ orce - must also be more sophisticated, and it is up to those of us who are in a position to do something about that to make appropriate decisions. He felt that the Council has made some decisions and this is evidenced here by the statistics showing the provision of training and the acceptance of training. He felt that we now would look for results - improved Police work, morale and public regard for the Force; a new first step has been taken towards these goals, and congratulations are in order. Councillor M. Vincent asked if the Council would consider hearing residents of the Glen Falls area who were present at this time. On motion of Councillor M. Vincent ' Seconded by Councillor Gould RESOLVED that the residents of the Glen Falls area be permitted to speak at this time. Mr. Arthur Love asked that Mr. Barfoot's recommendation in his above named report "that the Provincial Department uy+ of Fisheries and Environment be requested to co- operate in the clean -up of Marsh Creek and to take 4? /q `ems �,� action with respect to structures which constrict the flow thereof" be explained. Mr. Barfoot replied that it means that we will be discussing with them the structures on the Creek which restrict the amount of water which flows through the channel; he believes there are eighteen of these structures; we will be following up with the Department on the structures which constrict the flow. In further reply, the Mayor noted that the City Manager sai were making a study of this matter - they have not got all the details - they know there are eighteen places // ✓ they have to look into and with the engineers they will be this out and we will be getting a report on it as 0�14�1j fast as the City can keep the residents of the area supplied with the inib^mation. Councillor Cave pointed out /�r�� / for the information of the delegation present that the report of the City Manager does mention that the con- (• !* sultants report was referred to staff and the Budget Committee to bring in a programme for implementation of the recommendations (as laid out in this report) for the year 1975. 38 A 1510e Mrs. Elsie Wayne asked how long it will take before Mr. Barfoot and Mr. MacKinnon can tell the • residents of the Glen Falls area how long it will take before they can take some action to correct the 2 situation that is out there. Councillor Davis, in reply, noted that Mr. Barfoot and Mr. MacKinnon will dffn go ahead when Council gives them the money. Councillor Kipping noted that the City Manager's report to be held under the auspices of clearly sets forth his recommendation for approval of maintenance works numbers (1) to (4) as an im- mediate measure, so those four things are going to be commenced immediately, he understands; and further, y there is the recommendation regarding requesting the Department of Fisheries and Environment to co- operate in the clean -up of Marsh Creek and to take action with respect to structures which constrict the flow thereof; further still, that a long range programe of capital improvements be implemented -�: d ed in the Marsh Creek area. Mr. Barfoot confirmed that the said four works items referred to by Councillor Kipping (.as listed in his report) will be undertaken immediately. Mrs. Wayne asked what the City is going to do about the culverts that were put in the Marsh Creek. Councillor Hodges pointed out that the ' City has no control over the said Creek and that the Provincial Govertnt has such control. She asked if the City has contacted the Provincial Government in the matter. Councillor Hodges commented that the Glen Falls people have as much right to contact the Provincial Government in the matter as the City has. Mrs. Wayne stated that they have done so, and they came to the Council for help. The Mayor replied that the Council is slowly taking action in the matter, and that it has to be done in accordance with direction by our engineers and by recommendation to Council, the Council approves, and they move on. He pointed out that money is one of the essential considerations. On motion of Councillor A. Vincent ' Seconded by Councillor Gould RESOLVED that the matter of the proposed re- establishment of the Great Marsh Creek Commission be added to the agenda of this meeting. Arse oreelr On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the Common Council petition the Provincial RrO✓. 620 ✓t Government to re- establish the Great Marsh Creek Commission and ask for financial assistance, and that • the City staff draw up the proper documents to implement this petition to the Provincial Cabinet, forth - G`i /t ars// ` with. Councillor Kipping stated that he himself does not know what the above named Commission is all about, and that he thinks that before we say we should reconstruct that Commission we should know what we are reconstructing; we would have to have our City Solicitor look at this. He felt that the Council should not take any action on the above motion until the Council sees what the problems are in connection with it. C'6mf wee 004io% .�.7hf oMJF n%9 rnent-O- eohitQez` Question being taken, the motion was carried with Councillors Kipping, Davis, MacGowan and Parfitt voting "nay ". 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 begs leave to report that it sat on January 27th, 1975 when there were present Mayor Flewwelling and Councillors Cave, Davis, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendations, namely:- 1. That the Common Council endorse the principle of a parking management approach towards develop- ment of parking requirements and that, as recommended by the City Manager, the City negotiate a manage- ment contract with a company which specializes in parking development management to administer and • develop the City's parking programme. v Y°rii ° 3. That the City of Saint John pay a sum not to exceed $900.00 towards the deficit that has been incurred regarding the 1974 Santa Claus Parade. L U A ?9 Respectfully submitted, ' SjOC'. 3rd February, 1975, (sgd. ) E. A. Flewwelling, Saint John, N. B. Chairman. f%Za7 r /a7u5 On motion of Councillor A. Vincent Panipwe 62rb74f re Seconded by Councillor Hodges RESOLVED that section 1 of the above report be adopted. Councillor Kipping noted that there are two very distinct parts to this: the administering and ' the developing of the City's parking programme - in other words, we really do not know yet what the parking programme is. He pointed out that we have to know what it is before we decide to do something about it - it is alright for us to say we are going to negotiate a management contract, but he hopes that nothing is signed until the Council knows what our parking programme is because it is related to the over -all public transit problem. He stated it is well -kno4n that there is a severe parking problem in the up -town area of the city but it is also realted to the over -all transit problem and he felt that maybe this is the time for the Council to be doing something about rapid transit - other means of trans - portation into the centre of the city, and things like that - we are at a cross -roads now. He stated he believes the Council wants to be very careful about how far the above motion takes us - we have to know what our parking programme is, and we have to have it related to the over -all transportation problem in the city. Councillor Cave pointed out that the matter has to come back to Council because the motion • clearly states "negotiate a management contract ". On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. 2. That the City of Saint John grant the sum of $480.00 towards the cost of a civic dinner that is to be held under the auspices of the New Brunswick Curling Association to honour visiting Scottish curlers who will be in the city on February 9th and 10th next. v Y°rii ° 3. That the City of Saint John pay a sum not to exceed $900.00 towards the deficit that has been incurred regarding the 1974 Santa Claus Parade. L U A ?9 Respectfully submitted, ' SjOC'. 3rd February, 1975, (sgd. ) E. A. Flewwelling, Saint John, N. B. Chairman. f%Za7 r /a7u5 On motion of Councillor A. Vincent Panipwe 62rb74f re Seconded by Councillor Hodges RESOLVED that section 1 of the above report be adopted. Councillor Kipping noted that there are two very distinct parts to this: the administering and ' the developing of the City's parking programme - in other words, we really do not know yet what the parking programme is. He pointed out that we have to know what it is before we decide to do something about it - it is alright for us to say we are going to negotiate a management contract, but he hopes that nothing is signed until the Council knows what our parking programme is because it is related to the over -all public transit problem. He stated it is well -kno4n that there is a severe parking problem in the up -town area of the city but it is also realted to the over -all transit problem and he felt that maybe this is the time for the Council to be doing something about rapid transit - other means of trans - portation into the centre of the city, and things like that - we are at a cross -roads now. He stated he believes the Council wants to be very careful about how far the above motion takes us - we have to know what our parking programme is, and we have to have it related to the over -all transportation problem in the city. Councillor Cave pointed out that the matter has to come back to Council because the motion • clearly states "negotiate a management contract ". On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. r • C'o��n• pry /in,• d�� ipropos��; ,.F�ohomic ri,- tlrkld1i,_n 0 ' ovi 4 h. ?hd to A hNe .5� S. �i hia p /a/ti�h,,4dv�i C.. omm %'O OYY/ T,�esirr�ev; /l eah • 3S3. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that section 3 of the above report!be adopted: AND FURTHER that the repot of V Committee of the Whole be received and filed. Cou ncillor Gould voted "nay" to the above motion. _. lin On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Parking Commission advising that at a meeting of the Commission held on January 20th last it was agreed that the Common Council be advised that the Commission adopted a motion that the Commission engage the services of an architect to form preliminary design plans for the escarpment parking, be received and filed, and that the Commission be requested to delay engaging the said architect for the present time until the Council co- ordinates the matter of a parking programme and that the Chairman of the Commission be invited to the meeting that is to be held on February 10th next at 10.00 o'clock a.m. which will attended by parking experts: AND FURTHER that a copy of the above letter from the Parking Commission be given to Mr. D. Carter, Economic Co- Ordinator. Councillor Green, who is a member of the Saint John Parking Commission, ;pointed out that the Commission has always wanted to co- operate with the Council in trying to take steps to alleviate the parking problems in this city; if the Council wants the proposed escarpment parking facility, the Commission wants to co- operate and come up with a proposal and design to submit to Council. He explained that that was the intent of the above letter submitted by the Parking Commission; if the Council does not want the Commission to go ahead with it, he noted that the Council just has to ask the Commission to defer action until the Council decides what its plans are. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that the letter from the Traffic and Safety Committee submitting seven recommendations, regarding the following subjects:- (1) left -hand turns during rotary traffic on Rothesay Avenue; (2) traffic island on Prince Street and Lancaster Avenue; (3) prohibition of parking on the north side of City Road during certain hours; (4) proposed truck route from the viaduct via Dock Street, et cetera; (5) closure of the Bank of Montreal parking lot exit at Haymarket Square; (6) prohibition of the left turn from King Street onto Canterbury Street; (7) permitting of left turns from Germain Street heading north on to King Street - be referred to the City staff. On motion of Councillor Gould Seconded by Councillor Pye RESOLVED that the letter from the Planning Advisory Committee to whom had been referred the application of R. & M. Investments Ltd. for re- zoning of property situate at 41 Adelaide Street (presently an office warehouse use) for a proposed beverage room, advising that the Committee's January 28th meeting heard the proponents present their case and also heard from several opposing delegations repre- senting nearby property owners, North End Ratepayers, church representatives, 19 businesses in the area and various other citizens, and also received letters and petitions, most of which were copies of such addressed to the Common Council (copies of the others are being filed with the Common Clerk), and advising that the delegations described the general environment, the proximity of the proposed site to homes, churches and schools, the high - volume traffic intersection in front of the site „the crowded on- street parking conditions on Adelaide and Metcalf Streets, the probable effects on property values and rentals, et cetera; and also advising that the current zoning is multiple residential in which beverage rooms are not permitted, that re- zoning to business classification does not by itself permit such a use, that the Zoning By -Law requires that the lot for a beverage room be not only zoned properly but that the beverage room (with the exception of any in hotels or motels or where permitted by the Advisory Committee in a separate building in a shopping centre) be at least 500 feet measured along the street on which the lot abuts of a church, school or residential zone, or within 300 feet thereof in any other direction, that the lot 'at 41 Adelaide Street cannot meet this requirement, and that the Committee would not grant a variance in this case even if the zoning was for business -- and recommending that the re- zoning application be refused -- be received and filed and the recommendation adopted. On motion of Councillor Green Seconded by Councillor Pye RESOLVED that the letter from the Planning Advisory Committee advising that on September 12th, 1973 the Committee reviewed an application from Mr. Walter Kean who was proposing to buy from the City land on the easterly side of City Line, and opposite Rodney and Winslow Streets on which he would construct, over a period of time, three 12 -unit apartment buildings; that the Committee agreed to recommend the re- zoning which would permit him to carry out his plan after he had obtained the land from the City; that the Common Council at its meeting of March 18th, 1974 agreed to the sale of the property on the recommendation of the City's Land Committee; that the Planning office has been in touch with Mr. Kean and it appears that the time is opportune for the re- zoning to take place and in view of the fact that the land has been sold by the City to Mr. Kean it seems pointless for Mr. Kean to have to make the usual application and to pay the usual application fee; that the Planning Advisory Committee, therefore, recommends that Common Council initiate proceedings towards the re- zoning of the property shown on the submitted plan from its present "P" Park clas- sification to "RM -1" One- and Two - Family Two- Storey and Two- or Three- Storey Multiple Residential classification be received and filed and the recommendation adopted. Councillor Gould expressed the view that since this is no longer City -owned land Mr. Kean should apply for the re- zoning and pay the cost involved. Mr. Zides pointed out that the City might well have re- zoned this property before selling it for this purpose. He added that the Committee did not make the recom- mendation at the time the land was sold at the request of the Land Committee because Mr. Kean was not ready to commence building - the re- zoning could have been done at that time. He stressed that the difference in this case is that the City sold the land for this particular purpose - the land could very well have been re -zoned before selling it to Mr. Kean; Mr. Zides feels the re- zoning beforehand in such case, is the proper procedure. Councillor Gould felt that it is a dangerous precedent for the City to initiate the re- zoning when the grantee now owns the land. The Mayor pointed out that Mr. Kean bought the property for the purpose of building, for the land to be re- zoned, and in buying the land he knew that the City would look after the re- zoning. Councillor Green added that Mr. Kean would not have bought the land, otherwise. Councillor MacGowan asked if there is any property available in the said site area for parks. Mr. Zides replied that there is a recreation area at the bottom of the hill, facing Lancaster Street, which the City is retaining, but there is really no green area per se other than the small section that is shown on Mr. Kean's proposed building plan. Councillor MacGowan felt that this is unfortunate. 3S4 Councillor Gould voted "nay" to the above resolution. On motion of Councillor Gould • Seconded by Councillor MacGowan RESOLVED that the letter from the Planning Advisory Committee P�/ advising that the Common Council at its meeting held on December 23rd, 1974 referred to the Legal De= a hh' Gfv! S' artment for review proposed amendments to the Subdivision /� p p p By -Law (primarily in respect of land for C. t�,*,On. public purposes) recommended by the Committee, and that the Committee in the last month or so has been - c'u /�/ v dealing with the sub - division of land in business and industrial zones and is now recommending that the J O /f present 8% of market value payment to the City in lieu of setting aside of land for public purposes be �alJlri p/i� ! h 4+4 reduced depending upon the class of sub - division involved, as set forth in the submitted proposed amend- ' �G !� r ment to the said By -Law, and recommending that the By -Law be amended accordingly, be referred to the p O t j% Legal Department. On motion of Councillor MacGowan J Seconded by Councillor Cave RESOLVED that as recommended by the Planning Advisory Committee the recent by -law amendments, for Zoning By -Law amendments (excavations of land) submitted by the Council's t Committee on Gravel Pits be enacted, the Committee having advised that it understands that the said , f 2�/o y2 proposed amendments incorporate solutions for some of the problems associated with the regulation of �ah ' gravel pits heretofore and that the proposals are acceptable to most of the gravel pit operators. Noting that the Council is in the process of amending the Zoning By -Law in the above regard, Councillor Kipping, Chairman of the Council's Committee on Pits and Excavations, advised that the said amendments pertain to operating gravel pits, and that the second part of the study is to examine the whole question of abandoned pits and quarries, and that some months ago when this was brought back for a second time to the Council, the said Council Committee agreed that it would undertake this second phase of the study so that we can now gain some control over abandoned pits which are the ones that are causing as much trouble, if not more, because there is no control at ail - and over the operating pits. He plies •f stated that the said Council Committee now feels we have the operating pits under a measure of control • va�i o nS and it now hopes to get some of the abandoned pits and quarries under a measure of control. �xCa 049*0yi; On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that the letter from the Planning Advisory Committee, %'Ib7�le /�/ �5 dated January 31st, 1975 urging that the Common Council examine the whole question of both operative and �i abandoned pits under the 1972 Gravel Pits legislation in Section 99A of the Municipalities Act, which legislation allows maintenance control for aba ned pits,whereas the zoning regulations now being EL'r-ave�iv/ S se proposed cannot legally do so, be referred to the Council's Committee on Pits and Excavations for a h XCc7 L��/ �hS recommendation to Council. CouncillorGreen made reference to the matter of locations in which contractors and so on could place rough matkial; and stated he would suggest to the Council's Committee on Pits and Excavations that , the possibility be explored of negotiating with some of the former owners of the pits that have ceased �e�erea�i oh operation and are unsightly to make arrangements to fill the pits in with material such as that men - area s tioned, and to fill that material over with gravel so that in time the site could be reclaimed which might provide recreational areas for the young people or which might become building lots. / ' Councillor MacGowan noted that copies of a letter were sent to the Council members, for infor- mation purposes, and stated that she would like to have the said letter, which is from Saint John Heritage Trust, placed on the agenda so that it can be received and filed. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the above noted letter be placed on the agenda of this meeting. • On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the letter from Saint John Heritage Trust S. ✓, l�er� z�a9e advising that it lends it support to the view of Mr. David Carter expressed at a recent Council meeting that Prince William Street should retain its character and appearance, and expressing the view that this -� ! rGe street, as one of the most important streets of business activity during the last century, represents through its facades and generpl architectural decorum a solid and impressive picture of Saint John's A13y heritage, and that the group feels that it would be unfortunate if present and future citizens were 6GCll6el h !/ S deprived of this most significant street, be received and filed. ' ✓/� Oh During discussion among Council members on the'gdestion'of- whether "some of the items that are sent to Council for information purposes should be included on the agendas for Council meetings, Councillor MacGowan felt that sometimes there is information sent for Council information that is not legal in context and is nothing that the Council should not be sharing with the public, and that the public would be interested making known its point of view - by either agreeing or disagreeing with them. She tated that she would like to see a certain amount of correspondence just be received in body, without ting. each item individually. 2. Following a session in Committee of the Whole, the Committee arose and the Mayor resumed the ' CoMh7i tiee Chair in Common Council, when there were present Councillors Cave, Davis, Gould, Green, Hodges, MacGowan, Parfitt and Pye, and Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, /e City Solicitor, J. C. MacKinnon,.Executive Director of Operations, and E. Ferguson, Chief of Police. On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that this meeting continue, in legal session. L E G A L On motion of Councillor Gould • TH S uAq? "c a Seconded by Councillor Hodges C /174" $ RESOLVED that as recommended by the City Manager and the Commissioner of Finance, payment the sum of $2,521.42 be made to the City's insurers, Northern Assurance Company I Limited, this being total amount payable -by the City for the fourth quarter of 1974 regarding ", I 385 Comprehensive General Liability Claims under Policies 104C311 (1973) and 161C900 (1974) • On motion of Councillor Gould Secondrd WCouncillor Kipping RESOLVED that the letter from the City Solicitor, to whom the Common �+/!� Council in Committee of the Whole on January 27th last referred the matter of the correspondence and grievance J O// d /V 0,0- and replies, et cetera, regarding the grievance of Mr. Michael Horgan, for the proper guidance for decision making purposes of the Council - advising that while the initial stages, in his opinion, could have been handled Sri e(1a iC1e in a manner where the employee as well as the Union should have been informed that a grievance did not exist in the way it was presented - that is, there was nothing for Management to uphold or deny - there is no evidence, that he is aware of, that the final decision by Management was not fair or impartial; and stating that while it ' NI ?17a e/ appears Management were justified in their decision to not appoint Mr. Horgan to the permanent position of //9 labourer, he believes that Management - Labour relations could be better served if mandatory required qualifications ,2? a h are not waived unilaterally after qualifications are posted and interviews conducted (for example: the job posting in this case, stated that applicants should possess a current and valid Class 3, 2, or 1 Chauffeur's License for the Province of New Brunswick; if this is a desired qualfication only, the posting should specifically , eer state so and thereby allow Management some discretion without violating its own job posting) - be received and /o fled: (fib %drl /C� /YD, is AND FURTHER that the grievance of Mr. Michael Horgan be denied. Councillor Hodges asked if the Council is going to give Mr. Horgan the time lapses so that he can start out on ,a new grievance; he pointed out that, otherwise, the Council is denying this man natural justice although, legally, the Council may be right in the above decision, but he feels that when this man came back to the City employ in April of 1974 he was a new man with a clean record; this man was not promoted but the Council was told in Committee of the Whole by the staff that when the next opportunity comes up this man will have a chance to be promoted if he qualifies for it; Councillor Hodges noted that the Personnel Director says that this man is a good operator and performs all his duties, and he feels that, if this is the case, this man is being used. He stated that if the above motion is adopted, he will at the next Council meeting demand that Mr. Horgan be fired because his performance is unsatisfactory - if the man is fired, he will come back with another grievance. He felt that whichever way the Council handles the matter, this man can come back again. Councillor Hodges felt • that the City should never have re -hired Mr. Horgan after he had been fired, andthat once the man is brought back he is a new man and deserves everything that everybody else gets. He felt that the rules of the game were switched after the job was posted and the man was cut off, although he was the best qualified of the nine applicants because he was the only one who had a Chauffeur's license, according to the information given to Council by the 'Union. Councillor Hodges added that if the grievance is denied and it comes out publicly, he is going to tell publicly what happened to this man and that he is unqualified by the Council and that he has been used, and that he should be fired; he stated he is going to make the recommendation in open Council that we fire this man. Mr. French stated that the Personnel Department needs some guidance from Council regarding a policy for hiring personnel: he explained that he receives telephone calls from the Provincial Probationary Department asking that the City hire people who leave gaol and who cannot get a job someplace else; in the case of Mr. Horgan, he was discharged seven or eight months previous and then re- hired; he has had calls on other occasions to re -hire people who were discharged for disobeying maybe a foreman who does not work with the City any more. ' In the matter of Mr. Horgan, Mr. French stated he believes everybody is entitled to another chance; the man should come back. He stated he tried to obtain as much information about this case as he could from the Super- intendent. Councillor Hodges proposed a motion, which was not seconded, that Mr. Michael Horgan be dismissed. Councillor Hodges, during.further discussion, pointed out that all the men at the time were all casual em- ployees, and Management says that this man was a bad employee - then, Management says it was going to have another look at this man. 'He maintained that if the man is no good now, he would be no good in a couple of months from now, and that he should not be working for the City and should be dismissed. Councillor Kipping felt that it is not the Council's prerogative to dismiss an employee of this category. Councillor Pye asked what the recent reports have been on Mr. Horgan's _deportment - is he a good employee, now that he has had a second chance. Mr. Barfoot replied that this man is currently under a disciplinary action, and action arising out of this will be firing; it will be out of a disciplinary matter and not as a result of the Council's decision. Councillor Hodges pointed out that the Personnel Department should consult with the City Solicitor when grievances are received. Mr. Barfoot advised that a memorandum about legal advice has been issued to the Directors arising out of this and the instruction has gone to the Directors as of this date, that all grievances in the first stage are to be checked with the Legal Department. Mr. Barfoot referred to the matter of the grievance of Saint John Civic Employees' Union, Local 18, 4p/ C.U.P.E. regarding Mr. Bruce Lackie, which was considered in Committee of the Whole on January 27th last, and evaaee stated that arising out of the settlement of that grievance there gets to be rather an odd situation with respect to what is a resignation, and Council by making its decision:k at the said Committee of the Whole meeting Ivne C'e has put the staff into a little quandry as to when is a resignation a resignation. He stated that, before we /.0 J respond to the Union on the grievance, he would like the Council to consider getting a legal opinion on this �i i( % e matter of the resignation of Mr. Lackie. On motion of Councillor Davis Seconded by Councillor Cave ,,� RESOLVED that the Common Council obtain a legal opinion on the question of when is a resignation considered to be a resignation. gnO / ¢d Consideration was given to the letter from the City Manager, dated January 31st, 1975, regarding the Marsh Creek -Glen Falls flooding which occurred as the result of the rain of December 9th, 1974, and regarding ' the petition received by Council on January 20th, 1975, which letter submits the report of the Consulting Engineers, Proctor & Redfern, Limited, dated January 21st, 1975 with regard to their investigation of the cause J AXI / M�i of the flooding, and also submits the report of Mr. J. C. MacKinnon, Executive Director of Operations, con - taining Gc a summary of the conditias which led to the flooding, and recommendations for works to be begun. The /� /et�/.S� letter advises that a meeting has been held with officials of the Provincial Department of Fisheries and Environ- ment with respect to matters raised in the petition and in Council concerning constructions in the Marsh Creek C pee /( channel and that the said Department is very willing to co- operate in the clean -up of the channel. The letter /! /ems //5 C> states that further to the above considerations which all involve works of man, City staff is also examining the / question of limiting development within the areas susceptible to flooding, and that there are different ap- �/^e� preaches which may be taken to this problem but something must be done as even engineering works will not • entirely eliminate flooding in some areas of Marsh Creek. The letter recommends the approval of immediate measures as cited by Mr. MacKinnon on page 3 of his report, and that a three -year programme of construction for improvements to the Marsh Creek drainage be prepared for consideration in the Capital Budget, and further recommends that the Provincial Department of Fisheries and Environment be requested to co- operate in the clean- up 0 f Marsh Creek and to take action with respect to structures which constrict the flooding thereof. 1 S6 Mr. Barfoot advised that the flooding matter was discussed with Mr. Barry, the solicitor for the City's insurers. Mr. Rodgers advised that the above noted letter, dated January 31st, 1975, which the City Manager had originally placed on the open session of this Council meeting, made some comment which the solicitor for the City's insurance company felt could prejudice the insurance company's defence if the Glen Falls residents bring an action against the City. He added that the said solicitor felt that today because of the fact that he has not had time to ..examine all the details. Mr. Rodgers stated that, on that basis, and the fact that the contract the City has with its insurance company says that the City does do something the City's insurance company can say the policy is cancelled. He pointed out that if the Glen Falls residents bring an action and it turns out that those residents succeed in that action, the City certainly would not want to be in a position of finding itself without insurance - so, on that basis, Mr. Barry recommends that the above noted letter from the City Manager be considered in Legal Session, which led to the substitute letter from the City Manager regarding the Marsh Creek matter, which I has already been dealt with by Council in the open session of this Council meeting. 6/' /�h �a� /S On the question of who owns the Marsh Creek, Councillor Cave maintained that it is the res- T ponsibility of the Provincial Government, and that it has been, and always will be, and he felt that the .7,rea City should not spend any money on the Marsh Creek until the City gets that question clarified. On .motion of Councillor Hodges A%rsii C'ree� 6vunddry /0 ?�,1^ov. 6'o vt GOHJIYJ% F /l�v,7l re-J."m Mv RM /Ylrs %rai in or • Seconded by Councillor Green I RESOLVED that the City Solicitor be requested to check the boundary lines of the Marsh Creek with the Provincial Government to determine who has legal responsibility regarding the said Creek. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that the letter from the Commissioner of Finance, dated February 3rd, 1975, further to a report he submitted to the Committee of the Whole meeting of Common Council held on January 27th last regarding Kenneth G. Trainor, deceased, in which he explained attempts made since August 1974 to increase both pension benefits and group life insurance benefits, advising that Mrs. Trainor is expecting an answer from Common Council to her late husband's letter of August 28th, 1974 and to her own letter of October 15th, 1974, and that the particular points to be answered are: (1) recognition of 30 years service for pension benefits; (2) payment by the City of Saint John of $6,000.00 being the difference between the sum of $1,000.00 life insurance paid by the Mutual Life Assurance Company and a sum of $7,000.00 that would have been payable had a full disability been recognized as existing at the time of retirement in 1970 and continuing to Mr. Trainor's death in September 1974 -- and advisig that although Mrs. Trainor is not satisfied that the City of Saint John cannot now make changes in benefits already paid he believes that Common Council cant do otherwise than inform her to this effect -- be received and filed and Mrs. Trainor be so informed. On motion The meeting adjourned. 1 CO n Clerk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the tenth day of February, A. D. 1975, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, A. Vincent and M. Vincent - and Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, A. Ellis, Building Inspector, S. Armstrong, Engineer with the Works Department, D. French, Personnel Officer, D. Carter, Economic Co- Ordinator, and R. Thompson, Assistant Redevelopment Officer The meeting opened with a prayer which was offered by The Reverend James W. Forbes, minister ' of Silver Falls United Church. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that minutes of the meeting of Common Council, held on anuary 27th_ last, be confirmed. On motion of Councillor Gould Seconded by Councillor Cave • RESOLVED that minutes of the meeting of Common Council, held on 3rd last, be confirmed. r 387 On motion of Councillor Gould •���� /� /g J° Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, the following three proposed �/7COYJ�I� /01? changes to the Unconditional Grants System be placed on the agenda of the next meeting of The Cities of New ®i 6r P,,7p71 .$ Brunswick Association that is to be held on March lst, 1975, and that the City of Saint John seek the support �yPm of its fellow cities in making a united approach to the Provincial Government on these matters:- (1) the L°�cah�G�S averaging mechanism (whereby the previous two years expenditures are taken into account in the grant calculations), •/ should be dropped altogether, and the budget figures drawn up for the up- coming year should be the only expendi- •s pcor tures considered for grant calculation; (2) the City needs to be informed of the new tax base early enough to /D; B be able to use the information during its budget preparation - this requires the closing of the tax rolls approximately four weeks earlier than under the present system so that the figures can be made available to the ' City approximately one month before the budget is due in Fredericton; (3) under the existing legislation in 1976 the Minister of Municipal Affairs will lose his discretionary power to modify the guidelines established in the Act for the increase of municipal budget and rises in tax rates - the legislation should be changed in order that the Minister's discretionary power can be preserved, and if the Province wishes to continue using guidelines, then these should be communicated to the municipalities before, or during the budget process, and not after the budgets have been completed. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the City Manager, approval be granted for payment of the following invoices, namely:- tC�6.'���t�f� i= equipment rental: Chitticks (1962) Ltd. - to the Water & Sewerage Dept. January 1 -15, 1975 �•�Yf /- �'!d (dated January 20, 1975) $ 2,888.00 D. Hatfield Ltd. - to the Works Dept. January 1 -15, 1975 (dated January 17, 1975) $11,660.80 In reply to Councillor Higgins' request for an explanation of the recommendation, Mr. Barfoot stated that the recommendation is the retention of the present interchange design with a meeting to be held with the Association to discuss improvements to that design: this is basically a recommendation to approve in principle the idea of the Haymarket By -pass and the Gilbert Street over -pass and the various connecting roads, but with the recognition that there are possibly some changes to the details of that design which will help to meet the objections raised by the Association. On motion of Councillor Higgins •(JZL Seconded by Councillor Gould '� ��^ �SS RESOLVED that as recommended in the report from the City Manager dated January 31st, 1975 regarding the Haymarket By -pass, the present interchange design be retained, and that a S/ h meeting be held with the Rockwood Park Area Preservation Association to cUdcussimprovements to that design. �e On motion of Councillor MacGowan ioh Asserz. Seconded by Councillor Gould RESOLVED that the report from the City Manager with regard to tenders for /t7�elh� painting the interior of the City Market, be laid on the table for one week until the Council receives ad- ditional information. C• /S „/ The Mayor explained that we believe there is a design for the above noted painting, which design was prepared by an architect from Ottawa, and that it was not included in the tender specifications. He assured the Council it is just a matter of a delay of one week, to make sure we are following the right design. Question being taken, the motion was carried with Councillors M. Vincent and Hodges voting "nay ". On motion of Councillor Higgins S 3�lI�ZL Seconded by Councillor Hodges / RESOLVED that as recommended by the City Manager, approval be granted ✓�nh ��� for the acquisition of the leasehold interest of 25 -31 Dock Street (L- 6 -19 -4) from John Beal for the amount of $4,500.00 free and clear of all encumbrances and to include any and all claims of any nature whatsoever, the approval of the Partnership for the said acquisition at the said sum having been received subject to Mr. Beal's vacating the premises by Saturday, February 8th, 1975• Councillor Hodges asked if the City now has the entire property, in purchasing the above building. Mr: Barfoot made affirmative reply. Councillor Hodges asked how many more buildings there are on that block that are still to be negotiated for acquisition. Mr. Barfoot replied that he can bring in a list of the proper- ties , for Council information, that are still to be acquired. On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that a recommended by the City Manager, approval be granted Consideration was given to a report from the City Manager, dated January 31st, 1975, regarding the • Haymarket By -pass and the objections raised to same by the Rockwood Park Area Preservation Association, advising that in order to adequately respond to these objections the City and the Highways Department re- examined the whole plan and purpose of the throughway interchange's location, and what other options are available at this stage of construction. The report summarizes what has transpired over the past ten years at this location and explains the alternative schemes that have been considered, and states that compared with any of these altern- atives the approved scheme now under construction has many solid advantages, as set forth in the report. The report further states that changes are being made by the Province which will mean that no land will be taken from the Public Gardens and traffic will not be encouraged on Seely Street; traffic lights will be installed at the corner of Seely Street and Mount Pleasant, which will make it far safer than it is now for children attending Rockwood Park School; also, the Province is prepared to restore the only other existing pedestrian access from Rockwood Court to Rockwood Park by installing an under -pass near the outlet to Lily Lake. The report advises that the design and approval of the throughway and its interchanges has been all along a joint operation, involving both the City and the Province; the Province has changed its design on many occasions to satisfy points raised by the City, and they are willing to change again if requested by the City, but for the City to ' change its mind at this stage of construction, means a time delay and also a cost factor, if not now, then later. The report advises that the City Manager believes that the City should endorse again the Haymarket By- pass - Gilbert Street interchange scheme as previously approved, but request the Province to install a pedes- trian access at Lily Lake outlet, and provide landscaping and sound screening on the Haymarket By -pass. In reply to Councillor Higgins' request for an explanation of the recommendation, Mr. Barfoot stated that the recommendation is the retention of the present interchange design with a meeting to be held with the Association to discuss improvements to that design: this is basically a recommendation to approve in principle the idea of the Haymarket By -pass and the Gilbert Street over -pass and the various connecting roads, but with the recognition that there are possibly some changes to the details of that design which will help to meet the objections raised by the Association. On motion of Councillor Higgins •(JZL Seconded by Councillor Gould '� ��^ �SS RESOLVED that as recommended in the report from the City Manager dated January 31st, 1975 regarding the Haymarket By -pass, the present interchange design be retained, and that a S/ h meeting be held with the Rockwood Park Area Preservation Association to cUdcussimprovements to that design. �e On motion of Councillor MacGowan ioh Asserz. Seconded by Councillor Gould RESOLVED that the report from the City Manager with regard to tenders for /t7�elh� painting the interior of the City Market, be laid on the table for one week until the Council receives ad- ditional information. C• /S „/ The Mayor explained that we believe there is a design for the above noted painting, which design was prepared by an architect from Ottawa, and that it was not included in the tender specifications. He assured the Council it is just a matter of a delay of one week, to make sure we are following the right design. Question being taken, the motion was carried with Councillors M. Vincent and Hodges voting "nay ". On motion of Councillor Higgins S 3�lI�ZL Seconded by Councillor Hodges / RESOLVED that as recommended by the City Manager, approval be granted ✓�nh ��� for the acquisition of the leasehold interest of 25 -31 Dock Street (L- 6 -19 -4) from John Beal for the amount of $4,500.00 free and clear of all encumbrances and to include any and all claims of any nature whatsoever, the approval of the Partnership for the said acquisition at the said sum having been received subject to Mr. Beal's vacating the premises by Saturday, February 8th, 1975• Councillor Hodges asked if the City now has the entire property, in purchasing the above building. Mr: Barfoot made affirmative reply. Councillor Hodges asked how many more buildings there are on that block that are still to be negotiated for acquisition. Mr. Barfoot replied that he can bring in a list of the proper- ties , for Council information, that are still to be acquired. On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that a recommended by the City Manager, approval be granted 388 hBMJ�� for the acquisition of the freehold interests that are required for the North End Urban Renewal Project, zg�C�d�°� 'wPJ�P'r' as follows:- property at Acadia Street (F- 10 -5 -19 & 21) from the Estate of Irene Maud Simonds for the sum se%.7�KYle��l. of $3,280.00, and property at Acadia Street (F- 10 -5 -20) from the Estate of Emma Jane MacDonald for the sum .J %/lfOhG�S -� of $1,050.00, free and clear of all encumbrances in each case, the approval of the Partnership of these �,/�jyyma,/age purchases at these amounts having been acknowledged. .�ridy�' /97s WarrQ ht 117,75 /9 /S 7-.?A- Rpme6epe tie GP.dar o5�. S'a6 -div 7XOM,�v- sor? f/er� /Qc/r .St ,Xp 40-7y . ✓oiin O. SErnrd .Strom c %sing S_7,Ay �, Wd. On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that the Provincial Unconditional Grant, amounting to $10,735,308 be incorporated in the 1975 budget. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the estimate required to be raised by levy on real property and business assessment liable to taxation under the Assessment Act within the City for the year 1975, be adopted in the amount of $9,606,414: AND BE IT FURTHER RESOLVED that the rates at which the amounts comprising the above estimates are to be levied be fixed at $1.1030 for the inner area and $.5515 for the outer area on each $100 valu- ation of all such real property and business assessment liable to taxation within the City, which rates shall be applied to taxable property in the Provincial taxing unit area, described as follows: CITY OF SAINT JOHN TAX BASES FOR LOCAL SERVICE RATES OUTER TAXING UNITS G 03 G o4 G o6 G 11 G 18 G 19 G 20 G 44 INNER TAXING UNITS 1975 TOTAL - $ 55,795,860 TOTAL - $ 843,032,725 $ 898,828,585 (Councillor Kipping entered the meeting at this time). On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the letter from the City Manager, advising that because of a duplication of street names in the city, the Post Office has now requested a change in the name of "Cedar Street" in the Woods Hill Sub - division (in back of the Loch Lomond School) and the sub - divider, Mr. William Thompson, has agreed to changing the name of the street street to "Hemlock Street ", and that in order to complete this name change it is necessary for the Council to approve the proposed change and to file with the Registrar in the Land Registration Office a copy of the pertinent Council Order with the request that a notation showing the new street name be placed on the filed sub - division plan, be received and filed, and as recommended therein, the name "Cedar Street" in the Woods Hill Sub - division be changed to "Hemlock Street ". On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning the existing housing areas Tying east of Wentworth Street between Broadview Avenue and the rear of the lots on the northerly side of Britain Street and including the.several vacant lots therein, from "T" Transportation district to "EM-l" Multiple Residential district, be read a third time and enacted and the Corporate Common Seal affixed thereto: The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Cave Seconded by Councillor Higgins ESOLVED 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amendments Thereto" with respect to the closing of the following highway:- SANDY POINT ROAD - All that certain lot, piece or parcel of land, situate, lying and being in the City of Saint John, County of Saint John, Province of New Brunswick, being bounded and described as follows: Beginning on the southwestern side of the Sandy Point Road at a point having New Brunswick Grid Co- ordinate values east 1108721.11 north 563834.49, going,thence by an azimuth referred to the New Bruns- wick Grid forty -three (43) degrees three (03) minutes fifty (50) seconds a distance of forty -two and thirty -five hundredths (42.35) feet to the southwestern side of a new alignment of the aforesaid Sandy Point Road, thence along the aforesaid new alignment an are distance of one hundred and thirty -four and sixty -four hundredths (134.64) feet to a point having a chord azimuth of one hundred and fifty -four (154) degrees fifty -nine (59) minutes fifty (50) seconds a distance of one hundred and thirty -four and fifty -one ,hundredths (134.51) feet to the intersection of the new alignment with the former southwestern side of the 'Sandy Point Road, going thence along the former southwestern side an azimuth of three hundred and six (306) degrees twenty -one (21) minutes twenty (20) seconds a distance of fifteen and sixty -four hundredths • • n 7 1 L J r ,3S9 (15.64) feet to a bend, thence continuing on an arc distance of one hundred and nine and sixty -nine hundredths . (109.69) feet a chord azimuth of three hundred and eighteen (318) degrees eight (08) minutes fifty -seven (57) seconds a distance of one hundred and nine and sixty -seven hundredths (109.67) feet to the place of beginning, containing an area of 2,717 square feet. - and also - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint John, County of Saint John, Province of New Brunswick, being bounded and described as follows: 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amend- ments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Mac Gowan • Beginning at a point on the southern side of the Sandy Point Road, said point being on the line of ' division between lands now or formerly owned by Garfield Reynolds, and lands owned by the City of Saint John, going thence along the Sandy Point Road to a point having a chord azimuth of three hundred and five (305) degrees nineteen (19) minutes zero zero (00) seconds a distance of sixty and zero tenths (60.0) feet, thence continuing an azimuth of three hundred and seventeen (317) degrees fifteen (15) minutes twenty (20) seconds a S'O /tfl� distance of forty -six and two hundredths (46.02) feet to a point on the southern side of a new alignment of the Sandy Point Road, thence along the southern side of the new alignment to a point having a chord azimuth of one hundred and seventeen (117) degrees thirty -five (35) minutes forty (40) seconds and a distance of forty -four and thirty -four hundredths (44.34) feet, thence continuing an arc distance of sixty and thirty -three (60.33) feet to a point having a chord azimuth of one hundred and fourteen (114) degrees three (03) minutes thirty (30) seconds a distance of sixty and thirty -two hundredths (60.32) feet, thence an azimuth of two hundred and eleven (211) degrees fourteen (14) minutes ten (10) seconds a distance of twenty -seven and thirty -three hundredths (27.33) feet to the place of beginning, designated as Parcel "D" and "E" and containing an area of 1,656 square feet - be read a third time and enacted and the Corporate Common Seal 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 Made Under the Authority of Section 186A of the Municipalities Act 1966 and Amend- ments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Mac Gowan • Seconded by Councillor M. Vincent RESOLVED that the letter from the City Solicitor, to whom had been referred, as well as to the Planning Advisory Committee, for a report to Council on the procedure to follow regarding notices received from the City from the New Brunswick Liquor Control Commission of pending hearings S'O /tfl� on applications for liquor licenses for beverage rooms, taverns, et cetera, the letter from Councillor MacGowan which recommends that, in future, such notices be placed as items on the open session of agendas for meetings of the Common Council for the purpose of informing the citizens of such matters -- setting forth the important points of the said procedure which is governed by the Provincial Liquor Control Act, and advising that Section 71 (6) of the Liquor Control Act gives the applicant, and any person objecting to the application, and also a representative of the Municipality where the proposed licensed premises is situated, an opportunity to be present at the Hearing and to be heard personally or by Counsel or agent and to produce witnesses and evidence for or against the granting of the license; and stating that in view of the right given to the Municipality to formally object to the granting of a license, it seems that all notifications sent by the Commission to the City of Saint John ought to be placed as items on the open agenda of Council - this will allow Council to take whatever formal action it wishes - for example, the Council may only wish to receive and file the Notice - or, ' the Council may wish to officially object to the granting of the license or show its support for the license; and stating that it is presumed that all applicants will determine whether the proposed location is properly ��•9�Bp zoned and satisfy themselves as to the zoning regulations and any Planning Advisory Committee requirements that might apply; and further stating that as this matter has also been referred by Council to the Planning Advisory n / Committee, who as of this date have not reported to Council, Council may wish to refer this report to the said Committee for their information -- be received and filed: rioii� re he-Wrin S 6y AND FURTHER that in future, notices received by the City from the New Brunswick Liquor Control I)r 6,7940I' Commission of hearings on applications for licenses for beverage rooms, taverns, et cetera be placed as items CO, /o on the open session of agendas for meetings of the Common Council for the purpose of informing the citizens of 0Ornyy/SS /O such matters. r�0Z(/ O 4 /O) Councillor Kipping felt that the Council should obtain the advice of the Planning Advisory Committee in this matter before taking any action, and he felt there was nothing wrong in referring the above noted 2a/j%�jhLl letter from the City Solicitor to the said Committee in order to help the Committee clarify its legal position. He stated that for that reason, he will vote against the above motion. Councillor Davis explained that the A�lvis or reason the Council does not have these items on the open agendas of Council is because the Council would then �DI%l%y1/ have to vote for or against the establishment; he felt that the Council would have to make an expression if such items were on the open agendas and, therefore, the Council decided not to become involved in this question of taverns - that the people in the neighbourhood should become involved without the Council and then it can come before Council. He noted that if the items were placed on the open agendas the Council would have to express an opinion, beforehand. Councillor M. Vincent noted that the City Solicitor's letter outlines the course the Council may take without dealing with the issue, and just receiving and filing the notice, and then, if it is deemed necessary at that particular stage for whatever reason Council deems necessary, it is referred to the Planning Advisory Committee. He stated he sees nothing wrong with such a procedure, whatsoever. Councillor Kipping noted that by placing such items on the open agendas of Council the Council members would not have to express an opinion as to the desirability or the non - desirability of a tavern in a given place - all the Council would have to do would be to receive and file the notice, but the placing of the item on the agenda would give any person who might have strong feelings about that particular application the opportunity to speak on it and bring forth the arguments for or against. He felt that the Council does not have to express an opinion; all it would have to do would be to receive and file the notice, or speak for or against, as the Council wishes. Councillor Hodges stated that if the placing of the said items on the open agendas of Council ' is just for information purposes only, he will go along with that, but if the Council is going to debate who is going to have a liquor license and who is not, he will not be a part of that, whatsoever. Councillor Davis pointed out that if the item is on the agenda, he as a Councillor, can debate it, or any Councillor can debate it, and it becomes a topic of debate; it is on the agenda - we receive and file it - it is still debatable. He pointed out that if the item is received and filed it will not get publicity through the newspaper because there is no reason to mention it. He stated he is not objecting to the proposal in the motion but he thinks that the Council should be aware of the fact that if it is on the agenda it is debatable; if the Council does not want it debatable, it does not place the item on the agenda. Mr. Rodgers explained that the New Brunswick Liquor Control Act section in relation to this matter was passed in such.a way that the Minister is obligated to forward these notices to the municipalities and, in • that sense, it is really not forwarded officially to the municipality until the Council deals with it as a Council, and the Council cannot deal with it as a Council unless it is on the open agenda. He stated that if the Council wanted to pass a motion to have the Liquor Act changed by the Legislative Assembly so that you feel it is not necessary for the Liquor Control Commission to forward the notices to the municipalities, the Council can take that step, but the way the Act reads now is that the Legislature feels that the municipality should - know of the application so that the municipality can oppose it, support it, or take no action whatsoever. 390 CrtyJo /cr`�or ��ahn.r9dv�s , /rot�,ces f/�a�va,9s af' /i9uo/A /i cemve dp/O� 6d� /OhS 6� /y.�,� %year Coj fro /Co�miSS %O, 019mmierl-lee GU/i o% s�if /e uhi�orrr. .Fsta6 /srr,�/r� Yariatiohs. Po / /ce .yep t � eez� C'ivielr,�Prove- me�� �i eacct�rf' Colr/tr/: (/�ialerr/mcr n� Wir h �, oci� /1rr /a7t�i ve, �j.69ra/iime eflss /r /e/r/or% Councillor Cave stated he will vote against the motion, it being contrary to the Act. (Councillors A. Vincent and Green entered the meeting at this time). • Councillor Higgins advised that ever since he has served on this Council any notice regarding an application for a liquor license has been included in the correspondence sent to the Council regarding Council meetings, for information of Council. He recalled there was a heated debate a few years ago, with delegations, and so on, and he is sure that the legal advice the Council was given at that time was that members of Council as individuals could go along with individuals who were opposing such application through the proper channels in Fredericton. He stated he feels that to place this Council into a heated debate on whether or not a tavern or a cabaret shall be located in any particular location will create problems. He felt that when the Common Council gets involved in approving something for a liquor permit, ' to his knowledge it involves the re- zoning of land, but if the area is so zoned as to permit a tavern, et cetera to go into that area, and is accepted that a tavern, for instance, go in there, we as individuals and citizens of Saint John can object by sending a letter to Fredericton or joining a delegation of individual citizens who proceed to Fredericton to do so. He stated he will not go along with the idea other than for information of Council. He stated that he cannot see the Council becoming involved in something that is none of its business right now. Councillor Kipping stated he would rather wait for the anticipated advice from the Planning Advisory Committee, in addition to that which has now been received from the City Solicitor at this meeting, before voting on the question of the proposed motion. Question being taken, the motion was lost with only Councillors MacGowan, Davis, M. Vincent and ' Parfitt voting "yea ". On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the above noted letter from the City Solicitor be referred to the Planning Advisory Committee for the Committee's information and that it be incorporated in the report coming from the said Committee, at which time the Council can make a decision. 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 begs leave to report that it sat on February 3rd, 1975 when there were present Mayor Flewwelling and Councillors Cave, Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt and Pye, and your Committee begs to submit the following report and recommendations, namely:- 1. That the Common Council approve the new style uniform for the Police Department, to be im- plemented in 1975: AND FURTHER that the letter from the City Manager and the Chief of Police, recommending the ' implementation of the said new style uniform in 1975, and noting that no extra cost on the tenders for uniform clothing is anticipated in this regard, be received and filed. 2. That as recommended by the City Manager and the Chief of Police, approval be given for the following variations in the Establishment of the Police Department:- that the Establishment be increased by one (1) for detective - sergeants, and be decreased by one (1) for detectives. Respectfully submitted, 10th February, 1975, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Cave Seconded by Councillor Green . RESOLVED that section 1 of the above report be adopted. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that section 2 of the above report be adopted: AND FURTHER that the said report be received and filed. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that the letter from the Civic Improvement and Beautifi- cation Committee, advising that on October 23rd, 1972 the Common Council adopted the following resol- ution, "Resolved that as suggested by the Civic Improvement and Beautification Committee, the City staff be instructed to prepare a total city -wide report on the feasibility and cost of underground wiring and set out the priorities for such a programme over a twenty -year period, with particular reference being given to the King Street -King Square area and other tourist focal points in the city, and that such a ' scheme be undertaken under the programmes of the Department of Regional Economic Expansion or the Local Initiatives Programme, if possible ", be received and that a progress report be requested from the City staff within the next month with respect to the said resolution. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the letter from the Civic Improvement and Beautification Committee advising that Ross Memorial Park in Saint John East was given to the munici- pality by the Ross Estate with a fund for development of the area for park purposes; that preliminary work was carried out and a development plan had been previously prepared by City staff; that it is • understood that the sum of $15,000.00 is still remaining for development of this area and the Committee would ask that the development plan be updated, if necessary, and a planned programme for development of the Park be undertaken, with at least a portion of the work to be carried out this year, and noting that the Committee feels that as green areas in the eastern portion of our city are very limited, immediate action should be taken in developing this Park - be received and filed and the development plan of the said Park be updated, if necessary, and a planned programme of development of the Park be undertaken, and r 391 Seconded by Councillor Higgins AlO S.S RESOLVED that the above matter be laid on the table until the Council P/!JOpli- / receives a complete breakdown of what money has been spent at Ross Memorial Park and how much money was al- 'Aq,mh located for its development in the first instance. Question being taken, the motion was carried. Councillor MacGowan asked that the above requested report be submitted to Council next week. On motion of Councillor A. Vincent that at least a portion of the work be carried out this year. • During discussion, Mr. Barfoot advised that the sum of $30,000.00 was allotted for development of • nn this Park in 1967, and $19,518.00 has been expended up to 1971, leaving an unexpended amount of $10,481.00 as J.T. no more has been spent, to date. Councillor MacGowan felt that a considerable amount of interest must have any full endorsement. He stated he would rather see it sent to staff for their views on the endorsement by accumulated on that unexpended money. Mr. Barfoot described the location of this Park, and noted that we had a C'Op1yAJlSS /4p development plan for it and that it is a very difficult parcel of land to develop as a park as it is not large enough for anything except passive activities. He stated that a considerable amount of money was spent in OIL S / /1Il� �u75i� �Oi'Ce° starting to build a pond and doing some landscaping and also in building a concrete walk along the upper edge of the park so that the people could see the view from the Victoria Street area. He stated that most of the money was spent along the upper edge for the concrete path, for viewing purposes. Councillor Cave stated he ' was not satisfied with that answer. He recalled that the former Parish of Simonds spent.money there and they put an extra large sewer in to take care of the run -off water from the other side of the Loch Lomond Road down /%6i //eilOh! from the Westmorland Road. He stated that a wading pool was supposed to go in that Park and concrete walls S were to be erected which was never done, in his opinion. C'ivi� 1m �s requirements of the City of Saint John. ". Recommendation 3. "That a public information programme be undertaken A�+ On motion of Councillor Cave Seconded by Councillor Higgins AlO S.S RESOLVED that the above matter be laid on the table until the Council P/!JOpli- / receives a complete breakdown of what money has been spent at Ross Memorial Park and how much money was al- 'Aq,mh located for its development in the first instance. Question being taken, the motion was carried. Councillor MacGowan asked that the above requested report be submitted to Council next week. On motion of Councillor A. Vincent Councillor Kipping stated that he would be reluctant to fully endorse Recommendation 1 of the Housing Seconded by Councillor Hodges Task Force Report, quoted in the above motion, without some advice from the Planning Advisory Committee which RESOLVED that the letter from the Saint John Housing Commission advising • nn that the Commission has studied the Housing Task Force Report with respect to mobile homes and concurs in the recommendation contained in the Report, that greater encouragement be given to the development of proper mobile J.T. home parks, and that the Commission has entered into discussion with New Brunswick Housing Corporation as to any full endorsement. He stated he would rather see it sent to staff for their views on the endorsement by the feasibility of construction of new mobile home parks with National Housing Act financing and it has also C'Op1yAJlSS /4p had representatives discussing with representatives of the Department of Regional Economic Expansion respecting funding, and further advising that it is apparent to the Commission that under existing conditions, the growing OIL S / /1Il� �u75i� �Oi'Ce° demand for housing in the Saint John area will not be met by conventional methods under the existing procedures, that the Commission feels and that the quickest way to give substantial immediate relief to the housing shortage at the least cost, as well as the quickest way to accommodate the influx of workers into the Saint John area, is accused of that and that the Council should not place itself in that position, but we should think about it a the development of suitable mobile home parks, and that the Commission therefore recommends that the Common /%6i //eilOh! Council adopt the following recommendations in the Task Force Report:- P. 43 III 1(iv) Recommendation 1. "That S mobile homes be fully endorsed by Common Council as one viable solution to the present and future housing �`H requirements of the City of Saint John. ". Recommendation 3. "That a public information programme be undertaken whereby mobile homes are presented not only as needed, but as an attractive addition to the City's housing d mew tle stock." -- be received and filed and the said recommendation of the Commission be carried out. 'G� r�OLCS // Y"O" Councillor Parfitt asked if any of the 70 acres of serviced land that are in the land assembly could S/ LCD be used for a mobile home park. She added that she has been told it could be so used, in Phase II, and she ' asked when that would be. Mr. Barfoot replied that in Phase II, he believes, of the East land assembly area and which are not even up to standard, and about which the Council has not done enough. there was an area that was thought of as a mobile home park but it was a fairly small area which was not really economical for development of a viable mobile home park because a fair amount of space is needed to justify the operation of a mobile home park, such as the one at Latimer Lake and the others that are being built on the strict, and stated that he goes along with the motion. He noted that an application to establish a mobile home Golden Grove and Glen Roads. He stated that since 1969 there has been a considerable amount of construction of mobile home parks in the Saint John area. Councillor Kipping stated that he would be reluctant to fully endorse Recommendation 1 of the Housing Task Force Report, quoted in the above motion, without some advice from the Planning Advisory Committee which has dealt at great length with mobile home parks and from which he feels the Council should hear before making any full endorsement. He stated he would rather see it sent to staff for their views on the endorsement by • Council of the said recommendation. With reference to Recommendation 3 of the said Housing Task Force Report, quoted in the above motion, Councillor Kipping stated it almost seems to him as if the Commission is saying to the City to go ahead and start a public information programme promoting mobile homes - he believes we could be accused of that and that the Council should not place itself in that position, but we should think about it a little more and get some in -put from the Planning Advisory Committee regarding housing before we do what the Commission recommends. Councillor Gould expressed the view that nice mobile home parks would be a very attractive addition to our housing stock, and that he sees no reason why the City should not be supplying some pads for these mobile homes and take them out of some of the present mobile home park owners' pads which are not attractive ' and which are not even up to standard, and about which the Council has not done enough. Councillor Cave pointed out that the regulations in the City's Mobile Home Park By -Law are quite strict, and stated that he goes along with the motion. He noted that an application to establish a mobile home park must go before the Planning Advisory Committee, but neither the Committee nor the Council can advance any money to assist these mobile home parks. Councillor Green felt that mobile home parks can be an asset to a city if they are developed properly, ' and stated he sees no reason not to support the above motion, keeping in mind the housing shortage in this city and the recommendations contained in the Housing Task Force Report. Councillor Davis felt that; as stated in the above noted letter from the Commission, it is true that the quickest way to give substantial immediate relief to the housing shortage at the least cost, as well as the quickest way to accommodate the influx of workers into the Saint John area, is the development of suitable mobile home parks. He noted that, however, the Commission's letter supports the recommendations in the Task Force Report that mobile homes be fully endorsed and that they are an attractive addition to the City's housing stock. He stated he feels there is a big difference - mobile home parks are one thing, and mobile homes individually are another thing and that he does not think it is good policy for the City to say in general that mobile homes are good anywhere in the city. He stated he thinks mobile home parks are a wonderful asset but he feels it is wrong for the Council to endorse the thought generally that mobile homes are welcome no matter • where. Councillor MacGowan noted that the advantage of obtaining mobile home parks in a hurry is that you can get them built and developed and then when they are no longer needed for occupants such as the workers they can be developed into housing sites, and yet you are not left with a lot of second -class houses. 392 1 Tra�isoo rte/ City Ti�nsi t shdk/ aoa�r0/ a�6.{s' .sia�os clapab, e";6w ny Comm. RwWoh re rt .Zoh 1h9 �,f' r/'�d /ate /Ohs' Councillor Kipping felt that the Council can get itself into a difficult situation in endorsing mobile homes per se because some of them do not meet Canadian Standards Association standards and they are on sale in this city. He felt that the Council might get.itself into trouble, legally or any other way, by making a full endorsement as this letter from the Housing Commission proclaims. He felt that the Council should just receive and file the letter as an item of information from that Commission, which is very helpful, and point out that the Housing Task Force Report has been adopted by this Council some time ago and that we should proceed to implement some of their recommendations, but do them in the right way. He felt that the Commission's recommendation in the said letter is the wrong way to do it. Question being taken, the motion was carried with Councillors Davis and Kipping voting "nay" On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Transportation Committee advising that the Committee and City Transit Ltd. have been receiving numerous complaints from the bus travelling public of what appeared to be undue delay in having snow removed at the major bus stops.throughout the City immediately after each snowfall, and that this problem has been taken up by the Committee with officials of the Works Department on numerous occasions during the past years, both in writing and verbally, and the said officials also have been supplied with a list of the major bus stops, and advising that the Committee would again like to express their deep concern regarding this extremely dangerous condition, and would urge that necessary equipment be made available immediately after each storm to have the snow removed from the major bus stops, be received and filed and referred to the Works Department for their study and necessary action. Mr. MacKinnon at this time gave an explanation of the procedure that is followed by the Works Department in clearing bus stops following snow storms. On motion of Councillor Kipping Seconded by Councillor MacGowan RESOLVED that the letter from Councillor Kipping, advising that the Common Council -and City administrative staff lately have been dealing with public - parking matters and that he thinks it would be helpful to all concerned if Council were provided with a report, by the Legal Department, outlining the status and the terms of reference of the Saint John Parking Commission, be received and filed and the Legal Department be requested to provide Council with such a report. Councillor Kipping explained that as a result of the Council's resolution of February 3rd when a letter was before it from the Saint John Parking Commission, it occurred to him that the Council may be infringing upon the authority of that Commission which is laid down by Provincial statute and which is rather strictly laid down. He stated that he did not have time to find this out from the City Solicitor who has to make a thorough check on it when a request is made, and he thought he would bring the matter to the attention of Council as well so that the Council may become full informed on the status of this Commission, and its terms of reference, so that the Council may not infringe, or that if the Council wants to do so it does it, knowing exactly what it is doing. Councillor MacGowan recalled that she tried to get this same information regarding the authority of the Saint John Parking Commission, which was in the 1956 Municipalities Act, but a copy of that Act was not available at that time. She hoped that it will be available for another meeting. Councillors A. Vincent and Green were of the opinion that the information requested in Councillor Kipping's letter could be obtained from the proper City department rather than bringing the request to Council for the obtaining of such information. Councillor Davis felt that this Council is very conscious of the various committees and their authorities, but that there is a slight difference in the way the Parking Commission attacks parking problems and the way the Council is attacking problems of this nature; the Council tries to find devel- opers for a certain area and the parking is just one aspect of the development; on the other hand, the Parking Commission deals mainly with parking and if any other development takes place it is incidental; therefore the said Commission is in no position to look for developers of, let us say, the escarpment area - the Commission is only in the position of planning parking space for that area - on the other hand, the Council takes the position that if it can find developers for that site that the parking will become much cheaper and easier to construct, which is why the special committee tried several routes to find developers from that area and provide us with the parking at a much cheaper rate. He felt that it is a matter of cost and that there is no conflict at all that he can see. He added that he talked with the Chairman of the Parking Commission about the matter. He stated that the Commission is simply inter- ested in parking, and the Council is interested in development; if we can get it developed the parking comes easier - if the Parking Commission has to build it, the cost will be five to six thousand dollars per space and we already have been told that, and we are trying to avoid it, and there is no conflict. Question being taken, the motion was carried with Councillors Cave and Green voting "nay" On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that the petition from residents of Barbara Crescent and Carl Court advising that this area has always been designated as a single and two - family residential housing zone but this zoning regulation is being ignored and three - family and boarding units appear to necessitate street parking; advising that Barbara Crescent is a very narrow street and that overnight parking creates problems, not only for snow clearance operations by the City, but also creates diffic- ulties in getting into and out of driveways and garages and the narrowed roadway also creates danger of 'injury or death to the pedestrian when faced with moving vehicles; and asking that this situation be looked into and recommending that appropriate signs be installed to prohibit overnight parking on both sides of the street, and that appropriate steps be taken to enforce the Zoning By -Law -- be received and referred to the appropriate staff for a report for the next meeting of Council in open session. 1J • • Mr. MacKinnon advised that the problem in that area is not so much parking by home owners but by people who are boarding in the area and they are parking on the street; very few home owners are parking on the street; he is not sure that there is adequate parking off the streets to accommodate those who are parking on the street. He stated that the only way to adequately service the area in snow control operations by the Works Department is to have no parking on the street - however, it will cause • some problems with people who have no off - street parking accommodation. Councillor Davis felt that the petition is really aimed at the fact that the zoning regulation, as stated in the petition, is being ignored by the people who live on this street and that this petition is not aimed at the parking situation. He felt we should not prohibit parking on city streets because it r .To/ i0 9 �i /e es ise uC 1„ S es 037 Sts. V/ 49/ V%Q % Ohi 0676` -Z�OAI6V( • �iia. /ifKgli C/eiAa/, caf'M_ b? PD�/c Few, &Ikl Amy, COW, Creek n LJ 393 would be too difficult to police, and that the first thing the Council should do is make sure that the zoning regulations are being adhered to, and let the parking alone. Councillor M. Vincent pointed out that there are certainly more than cars parking in that particular area overnight - he personally has seen a number of trucks there which, in all probability, are owned by people who are now becoming the second and third tenants of what was once, and was intended to be, single and two - storey occupancies. He feels that what the petitioners are concerned about is the fact that a number of large vehicles park on this street that are not the vehicles of the homeowners. Councillor Cave stated that he has been told by Mr. MacKinnon that there are people on that street who wish to park there overnight. He noted that there is a hill on the upper side of this street and there is a steel fence and it is not possible to clear the snow right up to the fence, and there is no room to park. He stated he agrees with the petitioner, Mr. T. Gordon MacLeod that these people should not be allowed to park, but on the other hand, there are people there who should not be there because the zoning regulations are being violated. Councillor Gould urged that the Council correct the situation, because it knows what is causing it, and he therefore felt that the staff does not have to check into it. On motion of Councillor Higgins Seconded by Councillor M. Vincent , RESOLVED that the letter from Mr. John G. Riley, solicitor for Soucy Investments Ltd., of 765 Rothesay Avenue, who have an agreement of sale with Mr. Michael Randon, on the property located at 210 Canterbury Street and 17 Britain Street, advising that his client has applied to Evangeline Savings & Mortgage Company for a first mortgage on the said property and intends to do all things necessary on the restoration of the building, and further advising that his client informs him that the structure of the building is sound and that restoration would provide three two - bedroom apartments and three one - bedroom apart- ments, and asking that the Council delay demolition of the above building for a period of fifteen days, or until they have an approval by the mortgage company in question for a first mortgage on the said property, be received and filed and the Council delay the demolition of the said building until February 20th, 1975• Councillor �iacGOWan..aske i. i f t � oss�3,:}a l .t;a .giant a:del7R w ihuuL_the..:Gnuncil_ having. to again,,,_, go.,thr.ough . the neces any pro:cediareF �e3g � tsao leaNre k ize sg: c xlapidaLEd�; and daagex,ous building he Councillor 'M,'. yincent, asked_ thatithei. City* iSo7.- tcitor2,comment.Lpnstheelegalft o €rthe,cerurse 0f, action proposed. in the aboveumotio= Rodgers replied that this is simply a request by a solicitor on behalf of a client for Council to delay action, which it has a right to take now, to demolish a house, or building. He stated that the motion as made by Councillor Higgins, is to delay for a specific time, and the Council can go along with that motion if it so wishes; the request made by the solicitor was double - barrelled, he noted, and it would have left the matter wide open had Council acceded to that request. He stated that the Council resolution which declared this property dilapidated and dangerous and directed it be demolished is still in effect at the expiration of the fourteen -day delay proposed by the above motion, and the City is then free to proceed immediately with the normal course of action which is that the Building Inspector would call for tenders for demolition in accordance with the regulations. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Steven Sellors of 20 Holiday Drive, Saint John, N. B., advising of an incident which occurred when his car was impounded for illegal parking, namely, that he paid the Police a $5.00 fine and a $9.00 towing fee and upon arriving at the pound to get his car he found that there would be an $11.00 storage fee and was told that the rate is $5.50 per day, and that he later obtained a quotation from the same pound of a rate of $1.50 per day; and suggesting that the Common Council put a fair limit on rates to be paid on an impounded car, and that the Police inform a person of these ,rates when he reports to the Police in the case of an impounded car - be referred to the City staff and to the City Solicitor for a report to Council. On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that the letter from the Minister of Municipal Affairs in reply to the letter sent from the Common Council meeting of January 6th, 1975 regarding the flooding which occurred in the Glen Falls area in December, 1974, advising that the position of the government in respect to compensation to property owners affected by flooding has been to adhere strictly to the guidelines set forth by the federal jurisdiction - these guidelines specify the eligible damages for which the federal government is prepared to share with the province in compensating the victims of natural disasters, and stating that since this is the policy direction which establishes eligibility for compensation any decision must be made within these approved guidelines; and further stating that while the government appreciates the fact that a serious situation did exist, preliminary investigation would indicate that the damages which occurred do not fall within the guidelines which the government, by policy, is obliged to follow, and the Minister therefore regrets that he must advise the City that the areas in question are not eligible for compensation through the pro- vincial government -- be received and filed and a copy of same be given to the executive of the committee of the residents of the Greater Glen Falls area, and that the Minister be asked to provide the Common Council with more specific information as to what are the guidelines set forth by the federal jurisdiction. Mr. Rodgers pointed out that the Minister, whether he intended to or not, has left the way open for Council to refer the matter back to him by stating that the investigation was only preliminary, which automatically means it is not complete; therefore, he felt that the Council can ask the Minister to further inform the Council when the investigation has been completed. On motion of Councillor A. Vincent Seconded by Councillor Higgins ESOLVED that the City of Saint John request a meeting with the New Brunswick Cabinet to discuss the following with reference to Marsh Creek: its history, the present dilemma and the future improvement of the Creek. On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that this meeting continue, in legal session. Councillors Davis and Kipping withdrew from the meeting. M4 T. F. G A T. lhswr��ice �IrbMPr�C /d �hioh F%SSKrb: Gro�� -ZnSUrrsvace e i,�, Cler7 Fills area F/d000 h9 Coglrreel io 6e ao0W1LgW priar7 a /671/*40717rhVZ5 CIO On motion of Councillor Higgins Seconded by Councillor Gould . RESOLVED that as recommended by the City Manager and the Commissioner of Finance payment in the sum of $682.50 be made to the City's insurers, Commercial Union Assurance Group, this amount having been omitted in error when the amount payable by the City for the fourth quartgr, of 1974 was submitted to Council on February 3rd, 1975 regarding Comprehensive General Liability Claims under Policy 104C311 (1973)• Couuncillor A. Vincent voted "nay" to the above motion. Councillor M. Vincent asked what policy is followed by the City's insurance company in paying a liability claim or in declaring a liability or non - liability, and if the company as a matter of courtesy, first advises the Common Council in such matters before notifying the claimants. He stated that his point is that if the Council is the ultimate policy maker.in the city and if the insurance company's adjusters are going out and saying the City is not liable and Council later finds it is liable and does not have any in -put or any opportunity to disagree with the insurance company, he feels that the Council is left in a very bad position. He pointed out that the residents of the Glen Falls area were notified 'that the City was not liable before the Council knew anything about it, and he thinks this was a very poor policy for the insurance company's adjusters to follow. Mr. Park stated he understands that the letters to the Glen Falls residents were approximately nine in number, to those who had made claims, and that it was not a case of a letter being generally circulated in the said area. Councillors M. Vincent and A- Vincent replied that 54 letters went out to the residents and were hand - delivered to their doors in this regard. On motion of Councillor A. Vincent Seconded by Councillor Cave RESOLVED that the City's insurance company be asked to inform the Common Council of its decisions regarding insurance claims against the City prior to notifying the ,claimants of such decisions. Councillor Gould voted "nay' to the above motion. %hSlGAwrn -'2 Cbhl' Discussion ensued regarding a letter received from Mr. Thomas L. McGloan, Q. C. of Gilbert f�ahy's deeAho McGloan, Gillis & Jones, solicitors for the Bank of Montreal who have acquired lands on the corner of Rothesay Avenue and Short (also known as Snow, or Third, Street) Street for the purpose of erecting a new bank to replace their Haymarket Square Branch which is presently being expropriated. The letter states that the Bank acquired this property on the basis it would be a corner property, and that access to the rear of the property for parking purposes could be via Frederick Street; whereas, the Bank has now been advised that at a recent meeting of the Land Committee the following resolution was adopted, "Mr. David TJ/O/11dS � Carter advised the Bank of Montreal of the City's intention to convey a portion of Short Street (also M /7 C known as Third Street and Snow Street) to the Federal Government Department of Public Works. ". The letter states that, in the solicitors' opinion, the City does not yet have authority to sell and dispose of Short Street in as much as the by -law or the notice of the by -law purporting to close the said Street made no reference to the name of Short Street, and which name had already been designated by at least two CTi�� S 74 Tches street signs erected by the City, both of which identified the street as Short Street - and that under the circumstances, therefore, the solicitors will resist any attempts by the City to dispose of Short Street to the Federal Government until the question of access to the Bank's property is settled. II O� Also considered was the letter, dated January 30th, 1975, from the Federal Department of Public Works setting forth the terms of conveyance of the area formerly known as Short Street by the City to the Federal Government which is to be included in a land assembly for a site for the new mail processing plant, and stating that the Federal Department of Public Works is prepared to recommend to the Governor - in- Council that should the City, at some future date, decide to undertake a general widening of Rothesay Avenue, the Government of Canada would at that time convey a strip of land not to exceed twenty feet in depth from the present street line of Rothesay Avenue, and six hundred and twenty -seven point seventy - five feet in length to the City of Saint John for one dollar, subject to the five reservations listed in the letter. The letter asks that the Department be advised as soon as possible of the City's concurrence in the contents of the letter so that the Department may seek approval for its recommendation from the Governor -in- Council. Cs/WV o r gktet se , Mete c %si/i L li G swxC /,tzd Feet Dew- P,4 // c dlot is Mr. Rodgers advised that he gave an opinion to the Land Committee that the City has properly closed this street; this street on the plan was referred to as Third Street or otherwise known as Snow Street, and the street sign on the post says "Short Street ". He noted that the Bank of Montreal ob= viously is not satisfied with the arrangements, and its solicitor is saying the street was not properly closed and therefore the City does not have the right to sell it. Mr. Rodgers stated he feels it is easier for the Council to close the street again rather than go to court about it because the outcome in the courts could be that the City did not close the street. He advised that the advertising to close this street made no reference to Short Street. The Council members recalled that in order to get the Post Office to locate in the site off Rothesay Avenue the City had to close the street in question and the City made the arrangement to acquire the 20 -foot strip of land if it is required, along Rothesay Avenue. At this time, Mr. Carter drew a diagram of the area involved, showing the location of the proposed Bank of Montreal and its parking lot. He explained that the Federal Department of Public Works is willing to give the Bank a gate through which people going to the Bank could go to get in to the parking lot. The Council members indicated they felt the Bank's parking lot would be served by the means of ingress and egress concerning this parking lot as described by Mr. Carter. On motion of Councillor A. Vincent Seconded by Councillor Higgins RESOLVED that the closing of Third Street (also known and re- ferred to as Short Street and Snow Street) be advertised again and that the Legal Department use whatever means are necessary in describing this street to accomplish this purpose. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the above named letter from the Federal Department of Public Works setting forth the terms of conveyance of the area formerly known as Short Street by the City to the Federal Government and, also, the terms under which the Government of Canada would, should the City at some future date decide to undertake a general widening of Rothesay Avenue, at that time convey a strip of land not to exceed twenty feet in depth from the present street line of Rothesay Avenue, and six hundred and twenty -seven point seventy -five feet in length to the City of Saint John for one dollar, subject to the five reservations listed in the letter - be received and filed. 0 LI 0 r On motion of Councillor Cave 395 ,yfvy -do 1'ah Seconded by Councillor Gould $w• weel, G RESOLVED that the letter from the City Solicitor, submitting for the GJpl�N�17� e information of Common Council, a report of the Arbitration Board which was established to consider a grievance by Wayne Ough, a member of the Saint John City Hall Employees' Union, Local 486, C.U.P.E., and noting that the Board finds in a 2 -1 decision for the City that there was no evidence that the employer acted in a discrimina- tory manner with respect to the Griever, Wayne Ough, be received and filed. Consideration was given to a letter, dated February 7th, 1975, from the City Solicitor with reference to the grievance submitted by Saint John Civic Employees' Union, Local 18, C.U.P.E. regarding Mr. Bruce Lackie, and with reference to the question of resignation. The letter states that, in the opinion of the City Solicitor, ' Mr. Lackie had resigned his position with the City; several days later he asked the City to reinstate him to his former position;.following negotiations with the Union, it was decided to appoint him to the permanent position of Labourer II effective November 1974; the Union subsequently submitted a grievance concerning this appointment claiming that Mr. Lackie should be appointed to the position of Labourer I, a casual position; this grievance was denied by the Executive Director of Operations on November 18th 1974, and it was then submitted to the City Manager who denied the grievance on December 6th, 1974• The letter states that it appears this grievance was submitted prematurely by the Union simply because all of the formalities necessary to bring about Mr. Lackie's appointment to a permanent position have not been carried out by Management; Mr. Lackie thus is presently working in a position with the City where it is proposed by Management that he will be appointed to ' fill a permanent position as Labourer Il. The letter advises that assuming however, that the appointment has taken place for the purpose of this matter, there is nothing in the Working Agreement giving the Union the right to dictate whether an employee is to be appointed to a casual position rather than a permanent position; under the terms of the agreement, and subject to the rights of other employees to make application for positions, Management is permitted to appoint new employees to permanent positions. The letter states that it is un- derstood that the appointment of Mr. Lackie to the permanent position is to be done without a probationary O period being considered; that if Council decides to support Management's proposal, and in order to avoid a �• ✓• �U�C . further grievance, Mr. Lackie's appointment to a permanent position must be on a probationary basis for a �g7�0 OlJEeS period of up to six months; Management retains the right, however, to waive any portion of the six month probationary period. G'rieuarice On motion of Councillor Cave f'6 .'�,ruee Seconded by Councillor Hodges X:gd0f/e RESOLVED that the above named letter be received and filed. Mr. Barfoot pointed out that there is no appeal from any other employee that he was discriminated against by the appointment of Mr. Lackie. During discussion of the procedure that should be followed in appointment of casual employees to permanent positions, Mr. Barfoot explained that if the person has applied for a position and Management having considered the application, appoints that man that appointment is valid until such time as the Union grieves that there is another man who has more seniority and more qualifications for that job. Mr. Rodgers pointed out that.the Union felt that,Mr.. Lackie should be a casual employee - Management ' made him a permanent employee. Mr. Rodgers stated he says there is nothing in the Working'Agreement which says that Management cannot do that. :He pointed out that the Council can disagree with Management, if it wishes. It was noted that in Committee of the Whole session held on January 27th last, the Council adopted by majority vote a motion to uphold the grievance of the Union in this matter. Mr. Rodgers stated there is nothing he is aware of that is binding at this stage on the said decision to uphold the grievance. Mr. MacKinnon advised that when Mr. Lackie resigned, Management in effect had agreed with the Union that the man had resigned and that in coming back he was coming back as a new employee; however, at the same time that we were discussing the matter with the President of the Union (although the President denies that we discussed it, we did discuss it) we were doing interviews for new employees in that same Department; this man put in an application at the same time we were looking for ten to twelve men (we only appointed eight) - when we accepted the idea that Mr. Lackie had resigned we said he had resigned as a Packer Operator but we were interviewing for permanent Labourers in that same Department - we would take him back as a permanent Labourer; he had an application in and he was coming back as a new employee, without seniority; so, in effect, we were agreeing with the Union that his employment was terminated - as far as the Union was concerned, the object at the time was that Mr. Lackie came back as a Packer Operator and was taking a position that meant a promotion for somebody else; so, we accepted • the fact that he was not coming back as a Packer Operator but as a Labourer and because there were openings at the time in the Department we took him back as a permanent man. Mr. Rodgers noted that normally, grievances are with respect to their saying that someone else has got the position, involving seniority, or something like that, and it is easier to deal with on its merits, and to see whether the Union has a grievance or not; in this particular case, they are saying that they agree with the individual and that he should be casual, not permanent. He stated that, in his opinion, Management has the right to make a man permanent or casual or permanent as long as other parts of the Working Agreement are not violated. He stated that he can find nothing where Management has violated other parts of the Agreement in choosing this man to be permanent; they have not overlooked someone else and the Union has not said -this has been done. He pointed out it is just an area where the Union feels it wants the man to be a casual employee and Management wants the man to be a permanent employee; in his opinion, it is the Management's right clause. Councillor A. Vincent advised that with regard to the-City-owned housing at Rockwood Court which was (• /7 discussed at a meeting of the Saint John Housing Commission held this date, 15 of the 54 housing units are lllh 4t heated by floor furnaces which the tenants installed, and 39 of them are heated by stoves. He pointed out that dt/#a the majority of insurance companies have denied renewing fire insurance policies on properties that are heated uomt'L 4S�q• by stoves, and have cancelled hundreds of insurance policies on properties that are "cold" flats, which policies rh rgZAW jCe cannot be renewed. He stated that the Commission would like the City staff to provide information regarding Cov�i� g the insurance coverage on the said Rockwood Court housing units, Mr. Park explained that it is not a "blanket" policy - each building is covered by individual description, and we have insurance coverage on these buildings GyOml�7 for 1975• Councillor A. Vincent made the point that Rockwood Court will have 39 housing units that may not be renewed for structural insurance coverage as of December 31st, 1975 and he felt that the City should determine what it is going to do in the matter. Councillor MacGowan, who is also a member of the Saint John Housing Commission, advised that at the said meeting of the Commission, it decided to look at the individual flats in this housing and see about putting in furnaces. Councillor A. Vincent stated he felt that the matter should be referred to the Commissioner of Finance and to the City Solicitor for some in -put. The Mayor noted that we are seeking a written report to say we are covered for 1975 regarding insurance on the said housing units, and the Saint John Housing Commission will then know what action to take from there. The Council members concurred in asking for such a report. • On motion The meeting adjourned. Common C rk. 396 AND FURTHER that the letter from the City Manager, dated February 13th, 1975, advising of the colour scheme that is to be used for the above named painting of the City Market interior, and of the opinion of the Chief Restoration Architect of the Federal Department of Indian and Northern Affairs, Mr. Dalibard, concerning a general rehabilitation programme to bring the Market closer to its original appearance, as well as exploiting its architectural character (with respect to painting, his recom- mendation was that the walls should be painted flat white and the trusses a brown colour, close to that of aged wood, which he considered to be a more likely and a more natural colour scheme), and also advising that he understands that the Market Committee has considered Mr. Dalibard's recommendations fully and has decided to adopt the more lively colour scheme originally proposed by Mr. R. Dhar, the City Architect, namely, trusses and window frames to be flat brown; brick wall to be terra cotta; ceiling to be a mustard -gold shade -- be received and filed. Councillor A. Vincent stated he feels that the way the first tenders were dealt with regarding the said painting of the Market interior was not ethical. He noted that the Pullen firm was low in that tender call, but did not bid in this second tender call, saying, what is the good of bidding. He stated I he thinks that the first tender call should have been cancelled or the tenders in response to it not made public. He stated he does not believe that the City is taking advantage of the public tender call system, and as a result, the City will pay higher prices. Mr. Barfoot explained that tenders were called for this painting work in January of 1974 and they were not awarded and the tender deposits and the low tenderer was subsequently notified that the Council would not be awarding the tender in that year. It was pointed out to Councillor A. Vincent that the Pullen firm had the right to bid again under the second tender call of this year. Councillor MacGowan stated that she is still concerned that we had the architect down from Ottawa and that we are ' not following his suggestions. She noted that the architect, in making his suggestion regarding a colour scheme, was trying to bring back the Market to its original beauty. Taking into consideration the contours of the Market interior, she felt that we are going to lose the whole pattern that we want to bring out - that is, the part that makes it look like a ship - if we adopt the colours that the Market Committee has chosen; therefore, she will have to vote against the motion. She stated that the colours and colour scheme chosen by the Market Committee may be very beautiful, but she still would like to see the colours suggested by Mr. Dalibard carried out. She added that some -of the City Market people themselves remember that in years gone by, and it is shown in various pictures, that the Market interior was the flat white colour. Councillor MacGowan voted "nay" to the above motion, which was carried. • On motion of Councillor Cave L°oiiip % % %rs Seconded by Councillor M. Vincent ��ss �Q drt RESOLVED that the Financial Statements for December, be Lny�S'%f -P6Gelpejreceived and filed. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the seventeenth day of February, A. D. 1975, at 7.00 o'clock p.m. • present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, E. Ferguson, Chief of Police, M. Zides, Municipal Planning Director, D. Buck, Redevelopment Officer, A. Ellis, Building Inspector, C. Nicolle, Director of the Recreation and Parks Department, D. Carter, Economic Co- Ordinator, D. French, Director of Personnel and Training, and S. Armstrong, Engineer with the Works Department The meeting opened with a prayer which was invoked by The Reverend Brian G. Sheehan of the Parish of the Cathedral of the Immaculate Conception. s ,/ yep��aq Mr. James W. McLellan, President of Saint John Heritage Trust, at this time presented to the ' %nu sZ' Mayor and Common Council a framed map in honour of Heritage Day, which falls on February 17th. Mr. _ 7�. McLellan noted that last year, the Parliamentary Standing Committee on Justice and Legal Affairs recom- yerAl. n mended that February 17th be declared a statutory holiday in recognition of the heritage of the various M� p ' � peoples and groups who have done so much to found Canada. He stated that Saint John Heritage Trust was taking this opportunity to give public recognition to Heritage Day by making the presentation of this small map which it had printed for Loyalist Days 1974, which map is a replica of a print of Saint John of the year 1882. Mayor Flewwelling and Deputy Mayor Higgins accepted the gift on behalf of the City. A letter from the City Manager, dated February 13th, 1975, and explaining the colour scheme that is to be used for the current tender call for painting the City Market, was considered at this • time. Councillor A. Vincent recalled that in the spring of 1974 tenders were called for the painting and /or repairs to the interior of the City Market (when three bids were received) but that this work was delayed until investigation would take place to determine how the Market could be restored to its original condition, and no action was taken at the time to cancel the tender call officially. He felt it was unfair to call the tenders and then not cancel them officially, and he noted that the prices of the three bids concerned in the meantime has become known, yet this second call was made. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the City Manager, dated February AIX7 N 7th, 1975, advising that tenders were called for painting and /or repairs to the interior of the City Market, but were not let at that time as the Urban Design Study was getting under way and consideration was being given to restoration; that, subsequently, the Federal Department of Indian and Northern Affairs, who are responsible for historic sites, have visited the City and looked at the building, and ' /YJarket they are still considering their involvement in the City Market - however, in the opinion of the archi- tect from that Department, Mr. Dalibard, painting of the interior would not be inconsistent with any M / Tlarger renovation programme, and advising that the Market Committee recommends, and that the City Manager concurs in the recommendation, that the lower of two bids received in the latest call for public Oh tenders to paint the interior of the City Market, namely, that of A. J. Mallette & Son, in the amount of $17,000.00, be accepted -- be received and filed and the recommendation adopted: AND FURTHER that the letter from the City Manager, dated February 13th, 1975, advising of the colour scheme that is to be used for the above named painting of the City Market interior, and of the opinion of the Chief Restoration Architect of the Federal Department of Indian and Northern Affairs, Mr. Dalibard, concerning a general rehabilitation programme to bring the Market closer to its original appearance, as well as exploiting its architectural character (with respect to painting, his recom- mendation was that the walls should be painted flat white and the trusses a brown colour, close to that of aged wood, which he considered to be a more likely and a more natural colour scheme), and also advising that he understands that the Market Committee has considered Mr. Dalibard's recommendations fully and has decided to adopt the more lively colour scheme originally proposed by Mr. R. Dhar, the City Architect, namely, trusses and window frames to be flat brown; brick wall to be terra cotta; ceiling to be a mustard -gold shade -- be received and filed. Councillor A. Vincent stated he feels that the way the first tenders were dealt with regarding the said painting of the Market interior was not ethical. He noted that the Pullen firm was low in that tender call, but did not bid in this second tender call, saying, what is the good of bidding. He stated I he thinks that the first tender call should have been cancelled or the tenders in response to it not made public. He stated he does not believe that the City is taking advantage of the public tender call system, and as a result, the City will pay higher prices. Mr. Barfoot explained that tenders were called for this painting work in January of 1974 and they were not awarded and the tender deposits and the low tenderer was subsequently notified that the Council would not be awarding the tender in that year. It was pointed out to Councillor A. Vincent that the Pullen firm had the right to bid again under the second tender call of this year. Councillor MacGowan stated that she is still concerned that we had the architect down from Ottawa and that we are ' not following his suggestions. She noted that the architect, in making his suggestion regarding a colour scheme, was trying to bring back the Market to its original beauty. Taking into consideration the contours of the Market interior, she felt that we are going to lose the whole pattern that we want to bring out - that is, the part that makes it look like a ship - if we adopt the colours that the Market Committee has chosen; therefore, she will have to vote against the motion. She stated that the colours and colour scheme chosen by the Market Committee may be very beautiful, but she still would like to see the colours suggested by Mr. Dalibard carried out. She added that some -of the City Market people themselves remember that in years gone by, and it is shown in various pictures, that the Market interior was the flat white colour. Councillor MacGowan voted "nay" to the above motion, which was carried. • On motion of Councillor Cave L°oiiip % % %rs Seconded by Councillor M. Vincent ��ss �Q drt RESOLVED that the Financial Statements for December, be Lny�S'%f -P6Gelpejreceived and filed. I 397 On motion of Councillor Cave •�� Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, approval be ✓ granted for payment of the following construction progress certificate on the following named contract for the project which is included in the Capital Budget:- SEN/Bf 1. Visart Street, 42 -inch Combined Sewer Supply and install 42 -inch Combined Sewer Io = y- (�°/ Gerald J. Ryan Company Limited �Jg Total value of contract $ 157,915.95 Total work done, Estimate Number 5 153,231.98 Retention Nil Payments previously approved 148,635.02 Sum recommended for payment, Certificate Number 5, February 12, 1975; Final Release of Holdback $ 4,596.96 On motion of Councillor Gould On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, approval be granted for payment of the following construction progress certificates, and approved invoices for engineering COII.o� X services, regarding projects that have been undertaken under the Department of Regional Economic Expansion programme: - /rIi /fa�r+t, etc: 1. Milford- Randolph - Greendale Collector Sewer System n Giffels Associates Ltd. Engineering Services Payments previously approved $ 118,955.30 Sum recommended for payment, Invoice Number 23062, February 6, 1975, Estimate Number 39 $ 200.3500 '> 2. Hazen Creek Sewage Treatment Plant 66zcr�c Godfrey Associates Ltd. Sew-7r-we- Engineering Services mey� %j /erg Payments previously approved $ 17,451.48 •/+0� Sum recommended for payment, Estimate Number 28, lT Invoice Number 5574, January 31, 1975 $ 5,384.01 Assac, -f . 3• Seconded by Councillor Cave �' / ZA Installation of 72 -inch water intake RESOLVED that in accordance with the recommendation of the City ' Manager, authority be granted for payment of the following construction progress certificates on the following 145,316.00 named contracts for projects which are included in the Capital Budget: - Total value of contract to date Ao'e�Tas Retention A'� f 1. Community Arenas Payments previously approved �• ��K (a) A.D.I. Limited Sum recommended for payment, Estimate Number 2, Engineering Services January 31, 1975 $ 11,264.46 ' Payments previously approved $ 57,057.98 Sum recommended for payment, Estimate Number 7, Murdoch- Lingley Limited December 31, 1974 $ 52,345.'86'; ., (b) AMFRO Refrigeration Systems Ltd. Payments previously approved •/7 „ /�C/�D /t `o ,,,( Supply and install equipment Sum recommended for payment, Invoice dated January 31, 1975 $ 6,577.75 Total value of contract $ 195,060.00 Total work done, Invoice Number 1579, Number 1586 $ 90,381.10 Retention 13,557+165'7” Payments previously approved 45,073.58 Sum recommended for payment, Invoices Numbers 1579, December 20, 1974; 1586, January 10th, 1975 $ 31,750.36 On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, approval be granted for payment of the following construction progress certificates, and approved invoices for engineering COII.o� X services, regarding projects that have been undertaken under the Department of Regional Economic Expansion programme: - /rIi /fa�r+t, etc: 1. Milford- Randolph - Greendale Collector Sewer System n Giffels Associates Ltd. Engineering Services Payments previously approved $ 118,955.30 Sum recommended for payment, Invoice Number 23062, February 6, 1975, Estimate Number 39 $ 200.3500 '> 2. Hazen Creek Sewage Treatment Plant 66zcr�c Godfrey Associates Ltd. Sew-7r-we- Engineering Services mey� %j /erg Payments previously approved $ 17,451.48 •/+0� Sum recommended for payment, Estimate Number 28, lT Invoice Number 5574, January 31, 1975 $ 5,384.01 Assac, -f . On motion of Councillor Higgins ' SZCWe7 Se//'803 Seconded by Councillor M. Vincent G J+^ RESOLVED that the report from the City Manager in reply to the 7a--V1 o 07' complaint made to Common Council on February 10th last by Mr. Steven Sellors of 20 Holiday Drive that he was L'/^J pujj not informed of storage charges for impounding vehicles at Beyea's pound, and to Mr. Sellors' suggestion that O/� e the storage charges be controlled by Council, be received and filed and a copy of same be forwarded to Mr. C/» fes Sellors. On motion of Councillor Gould Seconded by Councillor Hodges •' H RESOLVED that the letter from the Common Clerk, advising that it has C /Oe5 //7g been found necessary to re- advertise the closing of Third Street (also known and referred to as Short Street and Snow Street) and that it is therefore requested that the Council authorize the Common Clerk to proceed with the necessary advertising, be received and filed and the Common Clerk be authorized to proceed with the said advertising. mod! of .S'Z� / 3• Spruce Lake Intake �' / ZA Installation of 72 -inch water intake ! P 'LGCe 7;4cl)ke Ruliff Grass Limited: Total Value $ 145,316.00 Total value of contract to date 68,191.80 Retention 10,228.77 /� 464 S Payments previously approved 46,698.57 (T Sr Sum recommended for payment, Estimate Number 2, January 31, 1975 $ 11,264.46 ' 4. McAllister Drive Arterial Murdoch- Lingley Limited ,Surveying Costs Payments previously approved Nil /t `o ,,,( Sum recommended for payment, Invoice dated January 31, 1975 $ 6,577.75 On motion of Councillor Higgins ' SZCWe7 Se//'803 Seconded by Councillor M. Vincent G J+^ RESOLVED that the report from the City Manager in reply to the 7a--V1 o 07' complaint made to Common Council on February 10th last by Mr. Steven Sellors of 20 Holiday Drive that he was L'/^J pujj not informed of storage charges for impounding vehicles at Beyea's pound, and to Mr. Sellors' suggestion that O/� e the storage charges be controlled by Council, be received and filed and a copy of same be forwarded to Mr. C/» fes Sellors. On motion of Councillor Gould Seconded by Councillor Hodges •' H RESOLVED that the letter from the Common Clerk, advising that it has C /Oe5 //7g been found necessary to re- advertise the closing of Third Street (also known and referred to as Short Street and Snow Street) and that it is therefore requested that the Council authorize the Common Clerk to proceed with the necessary advertising, be received and filed and the Common Clerk be authorized to proceed with the said advertising. mod! of .S'Z� / 398 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 eomm/ mre Your Committee begs leave to report that it sat on February 10th, 1975 when there were present /�// Mayor Flewwelling and Councillors Cave, Gould, Green, Higgins, Hodges, MacGowan, Parfitt, A. Vincent and `v 17 Ole M. Vincent, and your Committee begs to submit the following report and recommendation, namely: - Se7 /e7 r 1. That as recommended by the City Solicitor, the salary for the year 1975 of the two solicitors ' employed in the Legal Department who have completed their probationary period of employment and who are / now permanent employees of the City, be fixed at $13,000.00, to be effective January 15th, 1975• 2 sv /lei�ors Respectfully submitted, 17th February, 1975, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Higgins Seconded by Councillor M. Vincent ' RESOLVED that the above named report be received and filed and the recommendation contained therein adopted. On motion of Councillor Green Seconded by Councillor Pye �e7h� GO/J1'M/ RESOLVED that the letter from the Land Committee advising that the Cash and Carry Division building owned by Atlantic Wholesalers Limited and located on land on Bayside Drive that the said company leases from the Canadian National Railways, must be moved back fifty feet to $Ioe facilitate the Bayside Drive road widening scheme and that the cost to relocate the building is $17,460.00, • d /dX, �rC° /O�o7� /O and recommending the payment of this sum to Atlantic Wholesalers Limited for the relocation of the said building, be received and filed and the recommendation adopted. On motion of Councillor Pye On motion of Councillor Parfitt Seconded by Councillor A. Vincent RESOLVED that the letter from the Planning Advisory Committee p/ahn• /9G&/ recommending against the application made by Eastbrook Ltd. for re- zoning of Highmount Court (proposed) COIyl,07, off Northumberland Avenue to permit the erection of one two - family dwelling, two four- family dwellings, and four six - family dwellings therein, and also recommending that the Common Council take appropriate ' Rje--,ZO %7/ A77 action to enforce the Zoning By -Law on the alleged or apparent violations with respect to more than two families (or boarding houses) in dwellings on Northumberland Avenue and on Barbara and McLaughlin Cres- .��st6roo cents - be laid on the table until the next meeting of Common Council. Councillor Parfitt stated that in regard to the above matter, as a member of the said Planning Advisory Committee, she wished to disassociate herself from the recommendation. She felt that some of the Council members are not aware of all the implications in this matter. Question being taken, the motion was carried with Councillor Gould voting "nay ". ' On motion of Councillor MacGowan _ n J Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee in reply to Council resolutions of January 27th and February 10th last, which referred to the Committee Cohirn- the resolution proposed by Councillor MacGowan that in future, notices received by the City of applications for liquor licenses under the Provincial Liquor Control Act be placed as items on the open session of agendas for meetings of the Common Council, to inform the citizens that hearings on such applications are /iyuor 11 eehse pending, submitting information regarding City initiated notices related to zoning applications for 6y75• liquor dispensing outlets in the city; advising that the Planning Advisory Committee agrees with the • letter from the City Solicitor to Council on February 10th that notifications sent by the Liquor Control Commission to the City should be placed on the open agenda of the Council - it sees no great objections to a notice being placed on the agenda for information only so that it can be reported out to the general public, but the Committee feels that Council may then wish more information or take some other appropriate step - the Committee feels that notices published by the applicant should be required to be of a larger Seconded by Councillor Hodges / /a` +I RESOLVED that as recommended by the Market Committee, the present tra ��s fee of $8.00 per load that is paid to Mr. Wilbur McKee for collection of garbage from the City Market be rf�9e ee /'rn�' increased to $10.00 per load, commencing March 15th, 1475• In reply to Councillor Kipping's query, Councillor Pye confirmed that the above noted increase in fee was requested by the said garbage collector, and the Market Committee considered the request very fair; he did not know how many loads of garbage are picked up by the collector per week; he did not know at what time of day the pick -ups are made, but they are before 6.00 p.m. Councillor Kipping explained , that the reason he asked at what time of day these pick -ups are made is because last Friday, there was a trail of dropped garbage from a truck that crossed the viaduct then went up Main Street. He stated he noticed there is a regrettable habit by some commercial garbage collectors to have open trucks, which means that garbage often falls off the trucks. He felt it would be a good thing to check the provisions of the by -law regarding uncovered loads of garbage as it would be to the benefit of the aesthetic look of the city to have the by -law enforced whereby any open garbage trucks at least should be covered by a tarpaulin, and that the back of the box - backed trucks should be closed - at present, these box - backed 0✓✓✓✓✓✓�0 ✓ ✓n9 trucks are open and this allows garbage to fall out, he noted. Councillor Higgins felt that these Ca ve�^r J problems as related by Councillor Kipping could be resolved by asking the Chief of Police to .ask his �gw4c -6wek personnel to enforce the by -law, and that this question is a little different than raising the garbage `ye collection fee from $8.00 to $10.00 per load. Councillor MacGowan stated she wonders if the Council should not refer the matter to City staff to see what they would recommend, because it may be that it would be cheaper for the City to collect the City Market garbage. The Mayor replied that the Council can check it out with the staff, in regard to the method of covering loaded garbage trucks. • Question being taken, the motion was carried with Councillor MacGowan voting "nay ". On motion of Councillor Parfitt Seconded by Councillor A. Vincent RESOLVED that the letter from the Planning Advisory Committee p/ahn• /9G&/ recommending against the application made by Eastbrook Ltd. for re- zoning of Highmount Court (proposed) COIyl,07, off Northumberland Avenue to permit the erection of one two - family dwelling, two four- family dwellings, and four six - family dwellings therein, and also recommending that the Common Council take appropriate ' Rje--,ZO %7/ A77 action to enforce the Zoning By -Law on the alleged or apparent violations with respect to more than two families (or boarding houses) in dwellings on Northumberland Avenue and on Barbara and McLaughlin Cres- .��st6roo cents - be laid on the table until the next meeting of Common Council. Councillor Parfitt stated that in regard to the above matter, as a member of the said Planning Advisory Committee, she wished to disassociate herself from the recommendation. She felt that some of the Council members are not aware of all the implications in this matter. Question being taken, the motion was carried with Councillor Gould voting "nay ". ' On motion of Councillor MacGowan _ n J Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee in reply to Council resolutions of January 27th and February 10th last, which referred to the Committee Cohirn- the resolution proposed by Councillor MacGowan that in future, notices received by the City of applications for liquor licenses under the Provincial Liquor Control Act be placed as items on the open session of agendas for meetings of the Common Council, to inform the citizens that hearings on such applications are /iyuor 11 eehse pending, submitting information regarding City initiated notices related to zoning applications for 6y75• liquor dispensing outlets in the city; advising that the Planning Advisory Committee agrees with the • letter from the City Solicitor to Council on February 10th that notifications sent by the Liquor Control Commission to the City should be placed on the open agenda of the Council - it sees no great objections to a notice being placed on the agenda for information only so that it can be reported out to the general public, but the Committee feels that Council may then wish more information or take some other appropriate step - the Committee feels that notices published by the applicant should be required to be of a larger r • S• ,%l/sy. &0g."Pn, - 6rouyh �?VeA v? Zee Otc�dooh �otve / /St, o�!'L°i'Io7 Si% hand - • • 99 size than at present and should state the time for the objections and the time and place of the Provincial hearing - the Committee also feels that the hearings should be held locally and not in Fredericton - for the public convenience; and advising that the Committee also holds the view that all legal notices should be printed in a special place or page in the local newspaper, again for the public convenience - steps towards this and related to City notices, et cetera were initiated by Council in the time of the previous City Manager, but were left uncompleted and abandoned by his resignation -- and recommending the following for Council action:- (1) the placing of notices under the Liquor Control Act by the Province to the City on the open agenda of Council for information and reporting to the general public; (2) a request to the New Brunswick Liquor Control Commission that notices by applicants (a) be of a minimum stated size considerably larger than the present notices, (b) state the dead -line for objections, the place where these may be lodged and the time and place of the Provincial hearing; (3) a request to the Province that hearings on local applications under the Act be held locally; (4) a request to the local newspaper to institute a special place or page for legal notices; -and (5) the re- initiation of contract negotiations with the Evening Times -Globe for a special page or place for City notices and other releases - - -- be received and filed and the said recommendations be carried out. Councillor Kipping stated that of the above listed five recommendations, he can agree with all but recommendation number (3)• He stated he can see some pretty awful administrative problems regarding that recommendation for the Provincial Government, and he would prefer really not to recommend that to the Govern- ment. He felt that this kind of thing happens so.seldom that for the Council to request the hearings on local applications to be held locally will cause the Government a good deal of difficulty because perhaps every other city and municipality in the Province would also want their hearings on liquor license applications heard locally, and the Provincial Government would be in the position, as he understands it, if they did it for one they pretty well have to do it for all. He stated he personally does not think that the Council should bother that Goverment with this particular request. He pointed out that anybody who wants to, could either go, or have one of the Council members as an elected representative go, to Fredericton to attend a particular hearing; it is his feeling that this request involves administrative difficulties and expense. Councillor Higgins suggested that the Provincial board will very soon make this matter clear; these are recommendations coming from the Common Council, and the Provincial board can always agree or disagree with any aspect of it. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that as requested by the Saint John Housing Commission, an extension of time of the reservation of land use regarding land adjacent to Thornbrough Street for the developm- ent of ten units of non - profit housing, for a period of six months, be granted•(this being further to Council resolution of August 12th, 1974 which complied with the request in the letter from the said Commission, dated August 9th, 1974, that the said land be reserved for a non- profit housing development under Section 15(1) of the National Housing Act for six months pending completion of plans for utilization of the provisions of the National Housing Act for the development of ten units of non - profit housing). At this time, Mrs. Roberta Lee of 395 Beaconsfield Crescent, Saint John West, presented a brief on behalf of residents of Saint John West, who request that while the construction of the community arena is taking place at the Lowell Street site, the City proceed with the construction of an artificial outdoor rink adjacent to the said arena (which the residents understand has been an aspect of the said arena that has been set aside as an item to be added later) and with the landscaping around the rink (which they also understand is to be set aside as an item to be added later), as it would be more economical to proceed with these two items now, while the crews are at work on the site. Mrs. Lee spoke in support of the brief, and referred to the aspects of community enjoyment and pride that would be derived from the requested outdoor artificial rink and the completion of the said landscaping work. Mrs. Lee also made reference to the brochure submitted by the group on arenas and outdoor artificial ice rinks which they had received from the Commissioner of Parks and Recreation for the City of Toronto. In reply to Councillor Cave's question as to the cost that is anticipated for the three community arenas that the City is to construct, Councillor Higgins stated that it is $3,000,000.00. Councillor Cave pointed out that the money for the items referred to by Mrs. Lee would have to be raised by the Council from the taxpayers, and that the City's budget has now been set and there are no funds available in the budget for this type of thing this year. He noted that the brochure says that the cost of an outdoor artificial ice rink could be less than $125,000.00 - this is not saying it will be, but that it can be less than that figure. In reply, Mrs. Lee pointed out that the refrigeration system will already be in the arena and there will be no need for any building to change in; she felt it would be better not to have a roof for the outdoor rink because a roof is very costly, sometimes; therefore, she does not believe it would be very expensive simply to add this item. She stated she knows it would be less expensive to add it now than to put in a parking lot there and then later dig that site up and bring the heavy equipment in for that purpose, in order to put in the artificial outdoor ice rink. Councillor Cave commented that if that type of work was done at this time, it would hold up the contractor who is constructing the arena. He added that he feels Mrs. Lee's thought is an excellent one, but, unfortunately, the City does not have enough money at this time. Councillor Higgins, Chairman of the Arenas Committee, recalled that when the arenas matter commenced we said we would incorporate the ideas of citizens and there was a cross - section of meetings over a lengthy period of time, and we said that all we want is a basic rink with artificial ice and we might even consider an eight -month operation rather than a twelve -month operation; we met with consultants and contractors to figure this out, and the figure of cost we got was in the vicinity of 3.8 million dollars, which did not include any artificial outdoor rinks at all. He felt that if these residents were given the idea that we were talking about building artificial outdoor rinks now and then deleting them, they are wrong; we put in a plant that is capable that if one ever breaks down, that we can have another one as a standby - also, that we can put ice in and take it out almost overnight to make it an operation of twelve months, or ten months, and so on, and that in the long -range future, when we are not trying to capitalize it in one year - three million dollars just for Recreation purposes as far as arenas go - we might consider the fact of outdoor artificial rinks. He stated that never, in all his negotiations and as Chairman of the Arenas Committee, were we seriously considering and negotiating on tender procedure or on capital financing of artificial outdoor rinks, which are a luxury. With reference to the matter of the landscaping, he stated he is going to recommend at this time that the idea be referred to the City staff in regard to long -range planning and capital budgeting, which is all the Council can do. With reference to the landscaping, he further stated that the arenas are due for completion by the end of September. He stated that rather than saying to a contractor now that he start landscaping for another $100,000.00 this particular rink, we believe through the various Winter Works projects, the Local Initiative Programmes, and the people working on highways with the City in the summertime that we can budget through our current budget and that the City can do a better job. He stated it is not a matter of deleting landscaping from the arenas project. He pointed out that we could have achieved a saving in cost on the arena building by using concrete block and by not putting brick on the building, but we chose to make the building as first -class as we could, with so many dressing rooms, and we built community centres - not skating rinks. The Mayor pointed out to Mrs.,Lee that everybody is interested in the matters raised by her group, the Deputy Mayor and the Arenas Committee worked hard to bring these arenas to a reality and to make the ects workable, and we are very pleased with the results of the efforts of the Deputy Mayor and the Committee. p/ann, � Addis. �olyJi�rr �OZ�/ CAS re Agwc %CL°/7S Gn t� ohs • S• ,%l/sy. &0g."Pn, - 6rouyh �?VeA v? Zee Otc�dooh �otve / /St, o�!'L°i'Io7 Si% hand - • • 99 size than at present and should state the time for the objections and the time and place of the Provincial hearing - the Committee also feels that the hearings should be held locally and not in Fredericton - for the public convenience; and advising that the Committee also holds the view that all legal notices should be printed in a special place or page in the local newspaper, again for the public convenience - steps towards this and related to City notices, et cetera were initiated by Council in the time of the previous City Manager, but were left uncompleted and abandoned by his resignation -- and recommending the following for Council action:- (1) the placing of notices under the Liquor Control Act by the Province to the City on the open agenda of Council for information and reporting to the general public; (2) a request to the New Brunswick Liquor Control Commission that notices by applicants (a) be of a minimum stated size considerably larger than the present notices, (b) state the dead -line for objections, the place where these may be lodged and the time and place of the Provincial hearing; (3) a request to the Province that hearings on local applications under the Act be held locally; (4) a request to the local newspaper to institute a special place or page for legal notices; -and (5) the re- initiation of contract negotiations with the Evening Times -Globe for a special page or place for City notices and other releases - - -- be received and filed and the said recommendations be carried out. Councillor Kipping stated that of the above listed five recommendations, he can agree with all but recommendation number (3)• He stated he can see some pretty awful administrative problems regarding that recommendation for the Provincial Government, and he would prefer really not to recommend that to the Govern- ment. He felt that this kind of thing happens so.seldom that for the Council to request the hearings on local applications to be held locally will cause the Government a good deal of difficulty because perhaps every other city and municipality in the Province would also want their hearings on liquor license applications heard locally, and the Provincial Government would be in the position, as he understands it, if they did it for one they pretty well have to do it for all. He stated he personally does not think that the Council should bother that Goverment with this particular request. He pointed out that anybody who wants to, could either go, or have one of the Council members as an elected representative go, to Fredericton to attend a particular hearing; it is his feeling that this request involves administrative difficulties and expense. Councillor Higgins suggested that the Provincial board will very soon make this matter clear; these are recommendations coming from the Common Council, and the Provincial board can always agree or disagree with any aspect of it. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that as requested by the Saint John Housing Commission, an extension of time of the reservation of land use regarding land adjacent to Thornbrough Street for the developm- ent of ten units of non - profit housing, for a period of six months, be granted•(this being further to Council resolution of August 12th, 1974 which complied with the request in the letter from the said Commission, dated August 9th, 1974, that the said land be reserved for a non- profit housing development under Section 15(1) of the National Housing Act for six months pending completion of plans for utilization of the provisions of the National Housing Act for the development of ten units of non - profit housing). At this time, Mrs. Roberta Lee of 395 Beaconsfield Crescent, Saint John West, presented a brief on behalf of residents of Saint John West, who request that while the construction of the community arena is taking place at the Lowell Street site, the City proceed with the construction of an artificial outdoor rink adjacent to the said arena (which the residents understand has been an aspect of the said arena that has been set aside as an item to be added later) and with the landscaping around the rink (which they also understand is to be set aside as an item to be added later), as it would be more economical to proceed with these two items now, while the crews are at work on the site. Mrs. Lee spoke in support of the brief, and referred to the aspects of community enjoyment and pride that would be derived from the requested outdoor artificial rink and the completion of the said landscaping work. Mrs. Lee also made reference to the brochure submitted by the group on arenas and outdoor artificial ice rinks which they had received from the Commissioner of Parks and Recreation for the City of Toronto. In reply to Councillor Cave's question as to the cost that is anticipated for the three community arenas that the City is to construct, Councillor Higgins stated that it is $3,000,000.00. Councillor Cave pointed out that the money for the items referred to by Mrs. Lee would have to be raised by the Council from the taxpayers, and that the City's budget has now been set and there are no funds available in the budget for this type of thing this year. He noted that the brochure says that the cost of an outdoor artificial ice rink could be less than $125,000.00 - this is not saying it will be, but that it can be less than that figure. In reply, Mrs. Lee pointed out that the refrigeration system will already be in the arena and there will be no need for any building to change in; she felt it would be better not to have a roof for the outdoor rink because a roof is very costly, sometimes; therefore, she does not believe it would be very expensive simply to add this item. She stated she knows it would be less expensive to add it now than to put in a parking lot there and then later dig that site up and bring the heavy equipment in for that purpose, in order to put in the artificial outdoor ice rink. Councillor Cave commented that if that type of work was done at this time, it would hold up the contractor who is constructing the arena. He added that he feels Mrs. Lee's thought is an excellent one, but, unfortunately, the City does not have enough money at this time. Councillor Higgins, Chairman of the Arenas Committee, recalled that when the arenas matter commenced we said we would incorporate the ideas of citizens and there was a cross - section of meetings over a lengthy period of time, and we said that all we want is a basic rink with artificial ice and we might even consider an eight -month operation rather than a twelve -month operation; we met with consultants and contractors to figure this out, and the figure of cost we got was in the vicinity of 3.8 million dollars, which did not include any artificial outdoor rinks at all. He felt that if these residents were given the idea that we were talking about building artificial outdoor rinks now and then deleting them, they are wrong; we put in a plant that is capable that if one ever breaks down, that we can have another one as a standby - also, that we can put ice in and take it out almost overnight to make it an operation of twelve months, or ten months, and so on, and that in the long -range future, when we are not trying to capitalize it in one year - three million dollars just for Recreation purposes as far as arenas go - we might consider the fact of outdoor artificial rinks. He stated that never, in all his negotiations and as Chairman of the Arenas Committee, were we seriously considering and negotiating on tender procedure or on capital financing of artificial outdoor rinks, which are a luxury. With reference to the matter of the landscaping, he stated he is going to recommend at this time that the idea be referred to the City staff in regard to long -range planning and capital budgeting, which is all the Council can do. With reference to the landscaping, he further stated that the arenas are due for completion by the end of September. He stated that rather than saying to a contractor now that he start landscaping for another $100,000.00 this particular rink, we believe through the various Winter Works projects, the Local Initiative Programmes, and the people working on highways with the City in the summertime that we can budget through our current budget and that the City can do a better job. He stated it is not a matter of deleting landscaping from the arenas project. He pointed out that we could have achieved a saving in cost on the arena building by using concrete block and by not putting brick on the building, but we chose to make the building as first -class as we could, with so many dressing rooms, and we built community centres - not skating rinks. The Mayor pointed out to Mrs.,Lee that everybody is interested in the matters raised by her group, the Deputy Mayor and the Arenas Committee worked hard to bring these arenas to a reality and to make the ects workable, and we are very pleased with the results of the efforts of the Deputy Mayor and the Committee. 400 Be felt that in time, we could have an outdoor artificial rink noting that in some places plastic hoses are used to create these rinks, through which the necessary fluid is run. Councillor Parfitt called • attention to the fact that, with regard to the outdoor artificial rink referred to by Mrs. Lee which would cost around $100,000.00, there would also be the cost of maintenance and operating costs to con- sider. Mrs. Lee explained that in making the request for the said artificial outdoor rink there was no thought of interfering with the construction of an arena in the South End in the foreseeable future, but that the group feels that an outdoor rink of this type is something other than the arena and serves a recreational free - skating purpose and that this should not be overlooked. She stated that, personally, she feels this would be more important than the activities that would go on in the arena, and she thinks it is wonderful to have the arena; she feels that an arena should not be built without the outdoor type of rink referred to because there is a need for artificial outdoor ice surfaces, and she does not feel it would cost as much as $100,000.00 if it were done along with the arena, and she does not think it is a very big operation to put the necessary pipes in, there. She felt that an arena would not be complete without a free - skating area next to it. Councillor Higgins, in reply, stated he could agree with Mrs. Lee, if we had the money. He explained the details that would be involved in constructing the artificial outdoor rink as an engineer- ing problem , and noted that we have a very difficult climate in this area. He stated that he was told by an engineer today that as an estimated figure it would cost basically at least $100,000.00 to start. ' He pointed out that this is a luxury item that we cannot afford when we almost have the foundations started on $3,000,000.00 worth of arenas, and there just is no money which is why we kept cutting back on expenses regarding the arenas over a period of months. He stated that he agrees that the group's idea is an excellent one, and that he is sure that the City staff and the Recreation and Parks Department in long -range planning would certainly consider it, but right now they do not agree that the City would be saving money by building such a rink nor can they see spending money to a private contractor when they believe that the City forces and various Federal and Provincial programmes can finish the landscaping. The Mayor noted that the City has to obtain easements from the people in the Lowell Street area so that the services can be installed to the arena. Councillor M. Vincent, who is a member of the Arenas Committee, reaffirmed the remarks that • ave already been made to the group by the Council members. He stated that during the past few days he id some research and learned that artificial ice operations outdoors in Canada have not proved to be uccessful which is quite the contrary to what the brochure from the City of Toronto indicates. He added hat from the information he obtained within the last few days, there are actually only two operational rtificial ice plants of this nature in Canada being operated at the present time. He felt that with the eather conditions we have here, even if we had the money and even if there was a justifiable need for hese outdoor artificial rinks, the experts raise some questions as to the viability of them in our aritime climate and to the operational ability of them in Canada. He stated that they are simply not orking out, he understands. Seconded by Councillor Kipping ■ RESOLVED that the letter from Councillor MacGowan, advising that /� several years ago, the City purchased land in the Western section of the city with the intent that it be co a.#7- XaC 4: «ao 'used for housing, and that, however, due to the uncertainty of the alignment of the proposed Northern Expressway, no development as yet has taken place and that the time is long past due when a decision must IYCy44ee.h be made regarding the alignment of the Expressway, and pointing out that, (1) construction has and is eX p "Ssiy taking place in the area once considered for the Expressway, (2) it will probably take at least ten years 4_R1j to complete construction, (3) the Reversing Falls bridge may have a limited number of years of service, ' 1?01Vey1 and (4) Councillor MacGowan has it on good authority, if the Council wants action, the request must come y /9�y from this Council - and stating that she would therefore urge Council to request the Common Clerk to immediately take steps to set up a meeting with the Department of Highways of New Brunswick for the CZ�� purpose of viewing the proposed alignments for the Northern Expressway with the intent of making an early decision regarding same -- be received and filed and the recommendation be adopted. Councillor A. Vincent felt that if the Council were to ask the Provincial Government to try to align the Northern Expressway, it would divert that Government's attention from completing the throughway, and he urged that the throughway be completed, first. He noted that it is going to take another $30,000,000.00 to complete the throughway. The Mayor noted to Councillor MacGowan that the Council members have been 7�it�otc9/�cvacf shown by means of maps the proposed alignment of the Northern Expressway, and that the Provincial officials • have now had second thoughts about the Expressway, and because they realize also that the throughway is he first priority, they are holding back on the matter of the said Expressway. Councillor MacGowan stated that she was on tour of the area with representatives of the Provincial Government and they were amazed at the amount of construction that has taken place in the area that at one time was designed for Councillor Green commended the group for advancing the idea of the artificial outdoor rink, which he feels is a laudable one, and for taking an interest in community improvements and activities. `6 -ee He suggested that these residents form an organized group for the 'purpose of retaining an interest in the roposal and of maybe pursuing it with the Recreation and Parks Department. He felt that the Council is only too willing to work with this group in trying to realize such a rink, where it is feasible. ' di1L rla S/ L�e The Mayor advised Mrs. Lee that the presentation from the group is on record with the Council and that from time to time the Council has it available to refer to. He thanked her for the presentation. Mr. E. S. Bannister of Century 21, Apartment 501, Hickey Road, at this time presented a brief 0201,0/a24L from residents of the said housing complex, which lists various items of the Residential Properties inimum Standards By -Law they feel should be reviewed as related to the rights of these tenants under the Municipalities Act. The Mayor noted that in the brief there are items recorded that would affect tenant /� (re%Ji(,C/,'q and landlord and the Council cannot interfere, but the Council is prepared to listen and to take into R61�9s consideration the items that the said residents present to Council. He noted that there are some items in the brief that come under the Minimum Standards regulations. In reply to Councillor Parfitt's question 141 /ggtw as to who is the landlord, the Mayor noted that the landlord is Century 21. Ptah atar�s rpyy_ / Mr. Bannister stated that the said residents request that the Council consider appointing an • inspector to examine the items that have been outlined in the brief, under the Act. The Mayor replied f+eJj� fo7 %Oh S� /// that the City's Standards Inspector did not have this brief on his files until this afternoon, and he did not have it in time to make a check. The Mayor stated he is sure that the said Inspector will make a check of the items for these residents. Mr. Bannister noted that, in this way, we will have no conflict between tenant and landlord. The Mayor agreed, noting this is so providing the Act is adhered to. The Mayor added that the Council will have the Standards Inspector check these items and he will make a 1hs�ped2�Or report back to Council. On motion of Councillor MacGowan Seconded by Councillor Kipping ■ RESOLVED that the letter from Councillor MacGowan, advising that /� several years ago, the City purchased land in the Western section of the city with the intent that it be co a.#7- XaC 4: «ao 'used for housing, and that, however, due to the uncertainty of the alignment of the proposed Northern Expressway, no development as yet has taken place and that the time is long past due when a decision must IYCy44ee.h be made regarding the alignment of the Expressway, and pointing out that, (1) construction has and is eX p "Ssiy taking place in the area once considered for the Expressway, (2) it will probably take at least ten years 4_R1j to complete construction, (3) the Reversing Falls bridge may have a limited number of years of service, ' 1?01Vey1 and (4) Councillor MacGowan has it on good authority, if the Council wants action, the request must come y /9�y from this Council - and stating that she would therefore urge Council to request the Common Clerk to immediately take steps to set up a meeting with the Department of Highways of New Brunswick for the CZ�� purpose of viewing the proposed alignments for the Northern Expressway with the intent of making an early decision regarding same -- be received and filed and the recommendation be adopted. Councillor A. Vincent felt that if the Council were to ask the Provincial Government to try to align the Northern Expressway, it would divert that Government's attention from completing the throughway, and he urged that the throughway be completed, first. He noted that it is going to take another $30,000,000.00 to complete the throughway. The Mayor noted to Councillor MacGowan that the Council members have been 7�it�otc9/�cvacf shown by means of maps the proposed alignment of the Northern Expressway, and that the Provincial officials • have now had second thoughts about the Expressway, and because they realize also that the throughway is he first priority, they are holding back on the matter of the said Expressway. Councillor MacGowan stated that she was on tour of the area with representatives of the Provincial Government and they were amazed at the amount of construction that has taken place in the area that at one time was designed for r n U J Y" • • Court, Awv? 1?14 7 Z�puelr 10 .h6es : ii eight ge- 7'eRSZehed Ci V. 04g9p. • M an Expressway. She noted that there is a choice of two routes for the Expressway, and that she has it from these officials personally - she had City staff with her at the time - that the Council should take the initiative the Province will not do this on its own - that if the Council wants this alignment decided upon it is up to this Council. She pointed out that it is in the best interests of this community whether the Expressway is built now or fifteen years from now, to get that alignment decided upon because construction is taking place and housing is being held up because we may need the site for the Expressway. She stated that it is imperative to have that alignment decided upon. Mr. Barfoot advised that the Northern Expressway is a concept which is included in the Comprehensive Plan and the alignment is proposed in that Plan; there has been some discussion in this matter for probably the last fifteen years as to its alignment; the Comprehensive Plan does not foresee the construction of it starting for another ten to fifteen years depending on how traffic increases, and depending upon the completion of other prior commitments such as the throughway. He stated this was discussed with the Council in the fall and he believes the thought at that time was that the more urgent priorities in Saint John today might have priority over an alignment which would not take place for ten to fifteen years in the future. Councillor MacGowan pointed out that she brought up the matter in the fall, after she was on the tour, and she was told we would set up a meeting, but that meeting has not been set up, that is, a field trip so that the Council members must go out and see what is happening in that area. She stated that the point is that the land is being bought up and it is being built upon and if we have any hope whatsoever of getting the Expressway there in the future, we must determine our alignment. She stressed that this is an urgent matter. On motion of Councillor Cave Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table until the Council is informed as to where the building is taking place that is referred to by Councillor MacGowan, and where the alignment is for the proposed Northern Expressway. Question being taken, the motion to table was carried with Councillors MacGowan, Kipping, Pye and Gould voting "nay ". Councillor Green advised that during the past week there were two occurrences of heavily- loaded pulpwood trucks losing their loads within the city boundaries (one incident occurred when a truck spring broke in the truck making the turn at Wall Street which blocked that area for some time; the other incident occurred on February 15th, he believes, on Chesley Drive. He stated with the Reversing Falls bridge closed to heavy traffic weights, he wonders if that truck was in that area with the intent of proceeding over that bridge. Recalling that these spills of loads from trucks have occurred in various areas of the city in the past, Councillor Green stated he is sympathetic towards the truckers, but the City cannot have the situation where logs are hanging out from the truck loads and where some of the trucks are over - loaded, which is a menace to motorists who would attempt to pass the trucks. He felt that it is not the individual trucker who is creating the problem, and who has his own truck and tries to put a load on it that his truck is fitted for, but it is the big truckers who haul under a contract and whose machinery for loading the trucks result in over - loading of their trucks. He added that these trucks are going too fast and they are proceeding in the western sector of the city, up Manawagonish Road, and he has observed them making the turn there a little too quickly with the result that the whole thing rolls over. He stated that these truckers have to pay for a license, and so on, and naturally they have to pay if they are caught, for an over -load, and so on, but the truckers must realize they are causing deterioration of the City streets on top of that. He noted that there are three mills in this city to which loads of pulp are being hauled continuously by trucks that are overloaded and that are creating pot -holes in the city streets, and so on; in addition, the finished product is hauled by trucks from the mills to our port, which is another factor in the deterioration of our street surfaces. He stated that we know the mills must operate - they are creating employment - but we must see that these loads are kept within the stated weight levels and that they are tied down solidly and will not come loose. He stated he would like to know from the Chief of Police if these trucks are being checked, and how often, and if it is the Motor Vehicle Branch that does the checking while they are on the road, or it is the Royal Canadian Mounted Police that does the checking. In reply, Mr. Barfoot read to the meeting a report he received from the Traffic Inspector through the Chief of Police which advises that on February 13th, 14th and 15th last a total of 34 pulp trucks had been checked at various locations throughout the city and only two were being operated with loads exceeding 13 feet 6 inches and the operators of these two trucks were charged under the Motor Vehicle Act; and that all trucks carrying loads are being checked around the clock for insecure loads and over - height loads. He stated that, in addition, the report submits reports on the two accidents that occurred on February 13th when loads came adrfit from the pulp trucks, one of which was charged. Councillor Green asked if the double - checking of these trucks is something new that has been instituted. The Police Chief in making negative reply, stated that the checking has been continuous but apparently the pulp companies need more wood because he has never seen so many pulp trucks coming into the city as at present. He stated that the problem of pulp loads coming loose has been under a check quite closely by the Police Department to try to make sure that the loads are tightened up; also, he has made representation from the Police Department to the Royal Canadian Mounted Police and the Motor Vehicle Branch and they are checking it extremely closely, as well. He stated that he and the Police Depart- ment are concerned about the matter and are going to keep a sharp watch on it, and, hopefully, the news media will do a good job and give publicity to what we are doing. On motion of Councillor Green Seconded by Councillor A. Vincent RESOLVED that the matter of keeping a close inspection on pulp trucks to ensure that they are not carrying over - height loads and that the loads are securely fastened, be considered by the Common Council and that it be turned over to the City Manager and to the Chief of Police for their action. Councillor MacGowan asked if these trucks are forced to carry liability insurance to protect motorists, for instance, for their loads coming undone, or in the event of damage to homes along the route of the truck by . these truck loads. On being told that it is not known whether they are forced to do this, Councillor MacGowan stated she would like answers at a future date, perhaps in the report. Noting that these pulp trucks are no longer supposed to be using the Reversing Falls bridge, Councillor MacGowan asked whose responsibility it is to enforce that restriction. The Chief of Police replied that the weight limit is 40 tons, and that most of those trucks of the large size are over 40 tons; however, hardly any of these pulp trucks are over 40 tons. Councillor MacGowan stated that she knows of more spills of loads during the week of February 10th, and she asked if the Police Department has any record of the number of such spills in the month of February, in the city. On being informed by the Chief that he believes there is, Councillor MacGowan felt such information would be very interesting for the Council to have. With regard to the height of the load (13 feet 6 inches) which is regulated under the Motor Vehicle Act, Councillor MacGowan asked if this takes into consideration the length of the load. The Mayor replied in the negative. Councillor MacGowan felt that the Council could at least make a recommendation that the length of the load be considered because she felt that a long load and a high one is not as bad as a short load and a high one. On being informed that these loads have to be secured by chains, Councillor MacGowan asked that this point be checked on because she saw a load today that was not secured in a good fashion. 402 roua. G'r�a /!%actor^ Oo/srAf/&-Z;�e rye /�r Ii`tGf.J� �rrvilrohm�ht- !T/c'�eh3`ie� /and vu�side C��y /units ve/alvr7e, �70 % %G!tlO�'l Councillor M. Vincent asked if the Motor Vehicle Branch of the Province inspectors are making inspections of these trucks as they are going through the city. In reply, Chief Ferguson stated he has no knowledge, but he was talking with them and they have been inspecting outside of the City limits. Councillor Parfitt stated that she knows that the Provincial Government set up a committee some time ago and the committee is talking with the railroads on the feasibility of carrying forest products by rail, and the committee is also looking into the matter of hauling by truck. Councillor A. Vincent suggested that the reason there is such a great influx of truckloads of pulp at this time is because this is the time of year that the woodlot owners and the pulp mills get the most of the pulpwood out, with the ground being frozen. The Mayor agreed, noting that they try to get as many loads as possible in before the roads are closed to heavy loads. Councillor A. Vincent, in noting that both the pulp mills are either undergoing or have undergone large expansion programmes, and generate large payrolls in this area, pointed out that it is true that the City has to make sure it has a law and that it is enforced, but we have to be fair, at the same time, because Saint John happens to be the only city in Canada that enjoys two pulp mills, two breweries, a sugar refinery, a dry dock and an oil refinery, all within the city limits. He felt the aim is to get those trucks off the streets and on to using the throughway. r1 U Consideration was given to a letter from Councillor Green which notes that the civic complex has reached a stage that he feels the Council must consider doing its utmost to facilitate the raising I of monies in one form or another so that the City may proceed with the new library and possibly with the convention centre, and that he feels, therefore, that this affords the Council an opportunity to explore the possibility of a Saint John lottery. On motion of Councillor Green Seconded by Councillor Gould RESOLVED that the Mayor set up a committee to look into the possibility of holding a Saint John lottery to facilitate the raising of monies for the financing of the new library and possibly the convention centre, and that the committee bring in a report; and that the matter also be referred to the City Solicitor for his comments. Councillor Green stated that he introduced the above subject because he wanted to get the reaction of the public as well as that of the Council members. He stated it is his feeling that the Council has undertaken the civic complex on Dock Street and there is no return at all as we must finish this project; therefore; he feels that the Council must explore all angles to bring in monies so that we can see that the civic library and the convention centre and anything that is going to require civic funds, brought to a reality. He stated he feels that a lottery should be in this city and that it is an excellent idea for a return for funds such as this. He stated he realizes that a fund campaign will be set up to secure monies for a library and so on, but he felt we should proceed with the realization that those funds alone will not be sufficient to complete the project and that we should see if we can raise funds without tapping the funds and the taxes of the citizens of this city to bring the project to a reality. He suggested that the lottery could be tied in with Loyalist Days and given the name Loyalist Lottery, and tickets could be sold amost anywhere. He noted that many laudable organizations hold lotteries in our city and they are supported by us all in purchase of tickets for the undertakings of these organizations. He felt that Saint John had rights under the 1785 City Charter which no other city in Canada had, and that we may have under that Charter rights so that we can explore the question of a lottery, and maybe we can set up a lottery. Councillor Parfitt expressed the view that Saint John would be going behind if we had to rely on lotteries for funds; she felt it would be a regressive tax on the people we want to help - the low income and the poor people - because these are the people the lotteries play upon to buy tickets hoping to make large winnings. Question being taken, the motion was carried with Councillors Parfitt, MacGowan and Kipping voting "nay ". On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. D. R. Silliphant, Director of the Pollution Control Branch of the Department of Fisheries and Environment of New Brunswick in reply to Common Council resolution of January 20th last under which the City approached the Provincial Govern- ment officials to take steps to impose restrictions on the development of watershed lands which are located outside the limits of the City of Saint John - advising that at the request of the City the New Brunswick Water Authority in 1963 prescribed the watersheds of the reservoirs supplying the City under Section 11 of the Water Act and a copy of New Brunswick Regulation 171 in this regard has been filed with the City, and advising that this action makes it possible for the City to prevent pollution of the water supply and of the land surrounding the reservoirs; and advising that should the growth of the City and surrounding areas reach the stage that it threatens the quality of the water in the watershed, more expensive water treatment facilities will have to be provided; and stating that under the existing legislation it is doubtful that landholders could be forced to give up ordinary rights to develop their property without compensation - however, the said Department would like to explore the matter in more detail and it would be helpful to the Department if the City would indicate the restrictions it would like placed on the development of watershed lands as stated in the said resolution of Council -- be referred to City staff and to the Land Committee so that they would indicate the restrictions the City would like to have placed on the development of watershed lands. On motion of Councillor Gould Seconded by Councillor Hodges ,CtL! Flit, ✓ RESOLVED that the application from A. C. Fairweather & Sons, Limited for re- zoning of land on the Ashburn Road, as shown on the submitted plan, containing approxi- mately 18 acres, on which it is proposed to construct office warehouse type buildings as are now con- structed on the lots that have already been re- zoned, be referred to the Planning Advisory Committee for a recommendation. rt OR°� - .Bus� %h �e -zoh is yy R/wrin• Aadvis_ 00~i-r On motion of Councillor Hodges 0 • 7 1 Seconded by Councillor Gould • RESOLVED that the application from Mr. Robert S. Bustin for the re- zoning of the former Speedway Express property on Molson Avenue, opposite the Simpsons -Sears ware- house, to permit the construction thereon of two 24 -unit apartment buildings, be referred to the Planning Advisory Committee for a recommendation. I r • • 403 On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the application from Alpha Investments & Agencies Ltd. for /� re- zoning a portion of .land consisting of approximately three acres on the north side of University Avenue 17��J�cJ1M — adjacent to a twenty -four unit apartment building recently constructed by Milton Downey, to allow the con- struction of four, twelve -unit, two- bedroom apartment buildings, and advising that copies of the architectural 9 es� plans for these buildings may be seen at the office of Mr. Murray Zides, and that the company is endeavouring n to provide as soon as possible some additional information and minor site changes that were requested by the ,��l�f,AA/& Planning Advisory Committee on February 11th, 1975, and stating that in order that the company may get this rao wn?, project started on schedule (March 15th, 1975) the Council is being asked by the company to give first reading to the zoning change and allow for advertising, and that the company will satisfy all requirements of the Planning Advisory Committee and Common Council before the third reading of the Zoning By -Law amendment - be referred to the Planning Advisory Committee for a recommendation regarding the said application. adi Mr. Barfoot advised that there is an amount left over in the Second Special Areas Agreement of loan funds some of which has been allocated to a parking garage ($2,318,000.00) plus $250,000.00, plus an amount ' which we negotiated to build a shell building for Brooke Bond Ltd. which has not yet got off the ground. He stated that these are all loan funds which we now can apply to the said Department to direct towards housing land development, et cetera - whatever we can negotiate with the Partnership. He added that the said money is made up of sums the City will not be able to use before March 31st, 1975 for what it was allocated; what the Housing Commission is recommending is a change of allocation of such loan funds. Councillor Gould felt that an extension of time will have to be requested because the City will never use all those allocated sums before March 31st. In reply, Mr. Barfoot stated that an extension of time has to be discussed with the Partnership. Councillor MacGowan advised that the recommendation to Council from the Commission came as a result of a presentation made to it by Mr. David Carter, Economic Co- Ordinator who said that the three million dollars in loan funds was available. \J • The Mayor advised that the above motion is giving strength to the City Manager from Council to deal with the Department of Regional Economic Expansion in the deliberations that he is holding in Saint John with that Department on February 20th next, and that he would try to tell that Department how we can use that re- allocation of money, and that the Council is behind the decisionsthe City Manager is making. Mr. Barfoot advised that if this application is approved by the said Department and by the Department of Economic Growth the matter will come in as an amendment to the Agreement, which has already been amended many times. With reference to Brooke Bond Ltd., Mr. Barfoot advised he understands they are not interested at this time in the shell building proposal, which leaves that allocated money unused. He pointed out that in �tJ+ making the application for this re- allocation of the monies, we have to work out some sort of a schedule Q showing where the monies would be spent. Following a session in Committee of the Whole, the Committee arose and the Mayor resumed the Chair in 61VM.WiZCAf Common Council, when there were present Councillors Cave, Gould, Green, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent and Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, and F. A. Rodgers, City Solicitor. On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that this meeting continue, in legal session. L E G A L On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that an item from the Saint John Housing Commission be placed on the agenda of this Legal Session of Council. On motion of Councillor M. Vincent Seconded by Councillor A. Vincent 7 s�✓ JJ !lS/ RESOLVED that the letter from the Saint John Housing Commission C�1 advising that it has been reported that some three million dollars of Department of Regional Economic Expansion OAV1W• HOCL loan funds presently available may be directed before March 31st, 1975 to housing development on application by S / the City, and recommending that the City make such applications forthwith as may result in the available loan deve %� funds being allocated for housing development, including land services, the purchase of mobile, and the purchase of modular homes, be received and filed and the City Manager be authorized to make the necessary approach to he said Department so that the loan funds which in are presently projects which the City will not be able to carry out before March 31st, 1975, be re- allocated for housing development. adi Mr. Barfoot advised that there is an amount left over in the Second Special Areas Agreement of loan funds some of which has been allocated to a parking garage ($2,318,000.00) plus $250,000.00, plus an amount ' which we negotiated to build a shell building for Brooke Bond Ltd. which has not yet got off the ground. He stated that these are all loan funds which we now can apply to the said Department to direct towards housing land development, et cetera - whatever we can negotiate with the Partnership. He added that the said money is made up of sums the City will not be able to use before March 31st, 1975 for what it was allocated; what the Housing Commission is recommending is a change of allocation of such loan funds. Councillor Gould felt that an extension of time will have to be requested because the City will never use all those allocated sums before March 31st. In reply, Mr. Barfoot stated that an extension of time has to be discussed with the Partnership. Councillor MacGowan advised that the recommendation to Council from the Commission came as a result of a presentation made to it by Mr. David Carter, Economic Co- Ordinator who said that the three million dollars in loan funds was available. \J • The Mayor advised that the above motion is giving strength to the City Manager from Council to deal with the Department of Regional Economic Expansion in the deliberations that he is holding in Saint John with that Department on February 20th next, and that he would try to tell that Department how we can use that re- allocation of money, and that the Council is behind the decisionsthe City Manager is making. Mr. Barfoot advised that if this application is approved by the said Department and by the Department of Economic Growth the matter will come in as an amendment to the Agreement, which has already been amended many times. With reference to Brooke Bond Ltd., Mr. Barfoot advised he understands they are not interested at this time in the shell building proposal, which leaves that allocated money unused. He pointed out that in �tJ+ making the application for this re- allocation of the monies, we have to work out some sort of a schedule Q showing where the monies would be spent. Councillor Kipping noted that the Housing Commission's letter in recommending that this application be made, listed the purchase of mobile homes as one of the uses for these loan funds. He asked what is the purpose of buying mobile homes. Councillor A. Vincent replied that the Housing Commission has considered the matter of the Cedar Point Mobile Home Park and the question that the Commission might be able to use the money in the Department of Regional Economic Expansion grant to purchase this mobile home park from the City; in other words, get the money at a cheaper rate of interest than what we are paying out there now. He pointed out that the Housing Commission in using the wording in its letter in this regard to Council, wanted to give the matter a broad scope so that the City Manager would have a little flexibility when he meets with the officials of the said Department and the other officials on February 20th. Councillor Kipping asked if the wording regarding the purchase of mobile facilities is to be made clear, or be kept vague. Councillor A. Vincent felt we should keep it vague so that if the City Manager wants to come in with a recommendation that we could put more mobile home pads in the said mobile home park, which would give us 29 homes quickly, he could do so. Regarding the matter of mobile homes, he explained that the Commission had a report from a bankrupt company in Moncton from the Trustees of the Maritime Trailers, that we could buy brand new mobile homes up there very cheaply, but we threw it in. Councillor Kipping noted that what the Commission is saying is that this is a new policy on the part of the Housing Commission, meaning that it is going to get into mobile homes. The Mayor explained it would be as an emergency measure, if they are needed. Councillor Kipping asked for a definite answer, before a vote is taken on the motion, as to whether the purchase of mobile homes is a policy change on the part of the Housing Commission. In reply, the Mayor advised that the said Commission has come up with the fact that we have an emergency for housing and to solve this need for homes with as much speed as possible the Commission has decided that the solution probably to turn to is mobile homes, and it reviewed the City's own mobile home park and discovered that they could put in 29 more mobile homes which would help to relieve the pressure of those who are looking for houses, and if that is the Commission's policy they feel it is good and they are trying to act on it, with the recommendation that is before Council. Councillor Kipping pointed out that this is a major policy change in the administration of Cedar Point Mobile Home Park; the City never bought homes before - bought them located them the people and in park and we leased the lots to them in the park. The Of17eS Mayor pointed out that if we can get the mobile homes cheaply enough we can re -sell them; in the meantime we Seconded by Councillor Kipping RESOLVED that the letter dated February 8th, 1975 from Mr. Robert M. Waters regarding settlement of his claim against the City for trespass on his farm in September of • /J .7L /GJ vv�r 1971 and the damages which resulted therefrom, be received and that the committee composed of Councillors Ca�rn O /' MacGowan and Hodges, along with City staff, continue in their negotiations with Mr. Waters. /Gr Councillor Green asked that the City Manager supply the Council members with a complete dossier Cplfi�/. WC0--O of the Robert M. Waters matter, to inform the Council of the background of same, and who tried to help q�- 'Yp ges Mr. Waters, et cetera. On motion The meeting adjourned. Lt,x� - I Common <V rk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty - fourth day of February, A. D. 1975, at 4.00 o'clock p.m. present • E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. ' Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, A. Ellis, Building Inspector, P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, D. French, Director of Personnel and Training, G. Baird, Executive Director of Economic Development, D. Carter, Economic Co- Ordinator, and S. Armstrong, Engineer with the Works Department The meeting opened with a prayer which was invoked by The Reverend George Akerley, rector of St. Clement's (Anglican) Church. ' The Mayor welcomed to the meeting Mr. Peter Trites and his class of students in Political Science, from Simonds High School. - On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that minutes of the meeting of Common Council, held on bruary 10th last, be confirmed. On motion of Councillor Cave Seconded by Councillor Gould • RESOLVED that minutes of the meeting of Common Council, held on February 17th last, be confirmed. COUP. //-006 es Councillor Hodges advised that at the Council meeting of February 17th he voted against the motion which gave authority to carry out the five recommendations contained in the Planning Advisory can use them as emergency housing for a short period of time, as required, by renting them. In reply to Councillor Parfitt's question, the Mayor confirmed that some of the money that is being applied for to the said Department regarding the said mobile home park, would be used for extending some services to the • proposed new mobile home pads in the park, but it would not cost anywhere near $250,000.00. Councillor MacGowan suggested that the Housing Commission would be very happy to have a repre -co. /-v.L1 7�.� sentative at the February 20th meeting with the Department of Regional Economic Expansion officials. The ++C r hS. Mayor replied that we will try to arrange for that. Councillor A. Vincent stated he believes that the A✓.O6C5 %I9�C Chairman of the Housing Commission will be at that meeting. Comm. Councillor Green referred to the fact that Councillor Pye was recently taken to court by Mr. Harold McNamara as a result of a matter that was before Council, and stated that he feels that, because Councillor Pye as a member of Council was representing and defending ratepayers from his area of the city when the confusion arose with Mr. McNamara in the matter, the City should bear Councillor Pye's legal ' expenses. Councillor Green proposed a motion, which Councillor Cave was prepared to second, that the City pay Councillor Pye's legal expenses regarding the said action. In reply to the question raised by Councillor M. Vincent as to whether in this type of involvement or precedent, the City could be involved in any further liability, Mr. Rodgers stated he does not know of any ramifications with regard to the proposed action, but he can discuss the matter with Mr. George T. Clark, Q. C., Senior Counsel to the City, if the Council so wishes. vs• On motion of Councillor Green , Couhci / /or�joPY Seconded by Councillor Cave RESOLVED that the above proposed motion be laid on the table and in C��y SO16ED the meantime, the matter be referred to the City Solicitor for legal advice. On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that the letter dated February 8th, 1975 from Mr. Robert M. Waters regarding settlement of his claim against the City for trespass on his farm in September of • /J .7L /GJ vv�r 1971 and the damages which resulted therefrom, be received and that the committee composed of Councillors Ca�rn O /' MacGowan and Hodges, along with City staff, continue in their negotiations with Mr. Waters. /Gr Councillor Green asked that the City Manager supply the Council members with a complete dossier Cplfi�/. WC0--O of the Robert M. Waters matter, to inform the Council of the background of same, and who tried to help q�- 'Yp ges Mr. Waters, et cetera. On motion The meeting adjourned. Lt,x� - I Common <V rk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty - fourth day of February, A. D. 1975, at 4.00 o'clock p.m. present • E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. ' Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, A. Ellis, Building Inspector, P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, D. French, Director of Personnel and Training, G. Baird, Executive Director of Economic Development, D. Carter, Economic Co- Ordinator, and S. Armstrong, Engineer with the Works Department The meeting opened with a prayer which was invoked by The Reverend George Akerley, rector of St. Clement's (Anglican) Church. ' The Mayor welcomed to the meeting Mr. Peter Trites and his class of students in Political Science, from Simonds High School. - On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that minutes of the meeting of Common Council, held on bruary 10th last, be confirmed. On motion of Councillor Cave Seconded by Councillor Gould • RESOLVED that minutes of the meeting of Common Council, held on February 17th last, be confirmed. COUP. //-006 es Councillor Hodges advised that at the Council meeting of February 17th he voted against the motion which gave authority to carry out the five recommendations contained in the Planning Advisory F, • Taccr�merl O /d�iniers Teaor� calm fake • �4�_f6'2�- At1eh.7s fi%s.Setirer �y / . 405 Committee letter regarding notices received by the City of applications for liquor licenses under the Provincial Liquor Control Act to be placed in future as items on the open session of agendas for meetings of the Common Council, to inform the citizens that such hearings on these applications are pending, and regarding the placing of City notices in the local newspaper. He noted that his negative vote is not recorded in the said minutes, and he asked that this omission be corrected. Councillors M. Vincent and Cave asked that their reports of their attendance at the Oldtimers National Hockey Tournament in Peterborough, Ontario on February 21st last with the Saint John Loyalist Oldtimers Team for the purpose of submitting a bid to host the 1977 Oldtimers tournament in Saint John, N. B., be added to the agenda of this meeting. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the said reports be added to the agenda of this meeting of Common Council. The Mayor advised that Councillor Parfitt has requested that he give a reminder to Council members and to all citizens that a Prayer Breakfast will be held at the Admiral Beatty Motor Hotel at 7.30 a.m. on March 3rd. He stated that he would like as many as possible to attend this gathering. The Mayor stated that it has been brought to the Council's attention that the budget, for which the City is responsible, has not been quite understood, and he therefore wished to read the following prepared statement, namely:- "With regard to the City of Saint John and the provincial property tax, it is erroneous to suggest that the City of Saint John moved in to an area of local taxation from which the Provincial Government moved out. The twenty -five per cent reduction proposed by the Province in its tax on residential property was not a factor in establishing the City's budget for 1975. The 1975 budget provides a programme of service for which the Common Council in its judgement believes there is both a desire and a need on the part of most citizens and for which they are in general able to-pay. This is the basis upon which all budgets are established." Councillor M. Vincent at this time read a report which he had prepared regarding the attendance of Councillor Cave and himself at the said Oldtimers hockey tournament in Peterborough, Ontario, and which states that a formal bid on behalf of the Saint John Loyalist Oldtimers Team, which was endorsed by the City, was presented for the 1977 games to be held in Saint John, and that as a result of discussions with officials of the Oldtimers Hockey Association of Canada he believes that Saint John will shortly be notified it has been awarded the said 1977 tournament. The report refers to the number of persons it is anticipated would come to this city for the tournament, and to the benefits that would accrue to the City therefrom. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the above noted report be received and filed. On motion of Councillor MacGowan Seconded by Councillor Parfitt RESOLVED that Councillors M. Vincent and Cave be thanked for their efforts on the City's behalf in regard to the above noted 1977 Oldtimers Hockey Tournament bid. At this time, Councillor Cave submitted a verbal report regarding the attendance by Councillor M. Vincent and himself on February 21st, 22nd and 23rd at the said hockey tournament in Peterborough, Ontario, during which these Councillors made presentations to the Mayor of that city and also to the executive and organizers of the tournament. He paid tribute to the members of the Saint John Loyalist Oldtimers Hockey Team who did their utmost to promote Saint John at the tournament by wearing Loyalist tricorn hats and Loyalist Days pins, as did Councillors M. Vicent and Cave, and he advised that badges were worn by personnel and at stores and shopping centres, and that these hats and pins were in constant demand. He felt that the Promotion Department of Saint John must continue this promotion effort in the not - too - distant future. He also commended the Saint John Oldtimers team for their good conduct at the tournament at all times, and he expressed gratification to all responsible and urged that a special effort be put forth for the City of Saint John to host these games in 1977. He stated that he has been led to believe by most of the executive of the Oldtimers Hockey Association of Canada that the plan is to hold the 1976 games in the west, in Edmonton, and then to hold them in eastern Canada in 1977, and that they all assured him that they will be voting for Saint John for the 1977 games. He stated he feels that the attendance at the games and the bid to host these games in Saint John was a job well done. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the above report made by Councillor Cave be received and filed. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates regarding contracts for projects that are included in the Capital Budget:- 1. Community Arenas (a) A. D. I. Limited Engineering Services Payments previously approved $ 98,720.64 Sum recommended for payment, Estimate Number 4, December 31, 1974 $ 674.07 (b) A. D. I. Limited Engineering Services Payments previously approved $ 99,394.71 Sum recommended for payment, Estimate Number 5, January 31, 1975 $ 1,971.66 2. Lakewood Heights Sanitary Sewer, Phase II Gerald J. Ryan Co. Ltd. Total Value of Contract $ 96,686.25 Total work done, Estimate Number 4 88,542.50 Retention 2,656.28 M Payments previously approved 75,261.12 Sum recommended for payment, Estimate Number 4, February 12, 1975 $ 10,625.10 On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the item regarding payment of the Rocca Con- struction Ltd. construction progress certificate in connection with the community arenas be placed on the agenda of this meeting. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate on the following named contract 6 udy E� for the project which is included in the Capital Budget: - nn 1. Community Arenas /7 yel�ie7$ Rocca Construction Ltd. �OC C� Construction of three arenas / Total Value of Contract $2,913,949.00 Cohs��uc h Total work done, Estimate Number l 131,444.00 Retention, 15% 19,716.60 Payments previously approved Nil Sum recommended for payment, Estimate Number 1, February 3, 1975 $ 111,727.40 On motion of Councillor Cave Seconded by Councillor Pye T RESOLVED that in accordance with the recommendation of the City .1�P�., -Z,L /j Manager, authority be granted for payment of the following approved invoices for engineering services in X ads connection with projects that have been undertaken under the Department of Regional Economic Expansion / P programme, namely:- Courtenay Bay Causeway Approaches eS (a) A. D. I. Limited ' eaC// Engineering Services for Western Approaches R -0, '4td Payments previously approved $ 143,317.10 Sum recommended for payment, Estimate Number 33, December 30, 1974 $ 4,934.00 (b) Goodyear Paving Limited 011OGCJ000J JJJ6awv Ali— Construction of Western Approaches Total Value of Contract $1,285,044.50 Total work done, Estimate Number 8 928,035.37 Retention 15% 139,205.31 Payments previously approved 725,375.79 Sum recommended for payment, Estimate Number 8, December 31, 1974 $ 63,454.27 (c) Goodyear Paving Limited Construction of Western Approaches Total Value of Contract $1,285,044.50 Total work done, Estimate Number 7 853,383.28 Retention 15% 128,007.49 Payments previously approved 659,842.54 Sum recommended for payment, Estimate Number 7, November 29, 1974 $ 65,533.25 (d) Goodyear Paving Limited Construction of Eastern Approaches Total Value of Contract $ 671,856.00 Total work done, Estimate Number 9 667,787.63 Retention 15% 100,168.14 Payments previously approved 536,554.37 Sum recommended for payment, Estimate Number 9, January 31, 1975 $ 36,065.12 T/? (e) A. J. Callaghan & Associates Ltd. /7 +✓-C�QIA //7� Engineering Services for Eastern Approaches ASSOC. ,Idl Payments previously approved $ llo,o64.48 Sum recommended for payment, Estimate Number 34, January 31, 1975 $ 5,91.00 �n ON. 2. Bayside Drive Reconstruction and Extension JliS /�CO �%BC•G.,,/L7/L'C� Province of New Brunswick, Department of Highways � Engineering Services and Supply of Materials �n Ti B%7. Payments previously approved $ 83,337.94 f� / �g lT /9q Sums recommended for payment: Invoice Numbers 3598 $ 805.81 3599 2,118.44 2009 3,150.34 2010 $1,322.36 2011 80.36 2197 2,376.19 2198 3,440.05 2284 1,045.65 2285 1,041.83 2362 800.00 2364 18.29 2365 39.00 2368 239.92 Total Payment Recommended $ 16,478.24 • L� • • F_ 4;0; Councillor M. Vincent stated he wished to ask the City Manager a question as it relates to the . eastern approach to the Courtenay Bay causeway and the time factor and completion, in connection to the amount of money being spent. In reply, Mr. Barfoot advised that the matter of penalty clauses is presently being studied and it will not hold up the completion of the eastern approach; the matter of the exercise of the penalty clause is at present being studied by the Legal Department. Councillor Hodges recalled that a few meetings ago, Councillor A. Vincent raised the matter of the difference in width of the eastern and western approaches to the causeway, and the fact that at the present time the width is two lanes while they are supposed to be four lanes wide. Councillor Hodges asked what 5��� /� progress is being made to acquire the land for a four -lane width. Mr. Barfoot stated that this is one of the ��Jtw**,Ce. J many are as of discussion with the owners of the land that we have at the moment and we are attempting to work out a trade on that land but it has not been finalized. He explained that this means we will have the two ends finished but not the middle - we have funding for the beginning and the end, but not for the middle section. %,p76..s Councillor Hodges pointed out that the end is yet to be done. He felt that there is a muddle regarding both sides of the said causeway. Councillor Cave noted that the gravel surface of Bayside Drive at Lee's Corner, as you turn to Red � S/ ae Head, is in very rough condition, and he asked that the Works Department pay particular attention to the said 7 portion of Bayside Drive because of this situation. .Dd: cvndi = 4-16)1 oaf On motion of Councillor Gould ' %e i ran Seconded by Councillor Hodges RESOLVED that the reports for January of the Fire Department and of the 710,/ / Technical and Inspection Services (Building and Plumbing), be received and filed. pew . x _ On motion of Councillor Cave Seconded by Councillor Higgins RESOLVED that the letter from Superior Precast Concrete Products Ltd. of Saint John, N. B., who were the second lowest bidder on the Champlain and Lakewood Heights Collector Sewer •Sr�p�riolr Factory -Built Pumping Stations - Contract "D ", pointing out that their bid was based f.o.b. job site while the � S ` low bid, that of Ecodyne Limited of Oakville, Ontarioois based on f.o.b. Ontario, and advising that Superior C'OhNiT2_/ Precast Concrete Products Ltd. are very anxious to do this job, seeing it will mean employment for our local area �%da es�S ?nd requesting that this matter be given every consideration before making a decision by the Common Council, be laid on the table: G'PWnt COtthC%/ •i!, -l-t [�r�upe AND FURTHER that the report from the City Manager regarding acceptance of the tender of Ecodyne Limited be laid on the table and the City Manager be asked to report back in the matter at the next meeting of Council, when the Council makes a decision. question being taken, the motion was carried with Councillor Gould voting "nay" On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the letter from the City Manager submitting an application from the New Brunswick Industrial Safety Council that the City of Saint John co- sponsor a luncheon during the Safety Council's twelfth annual conference which is to be held in Saint John on April 28th and 29th next and that the City give financial assistance in this regard in the total amount of $500.00 - advising that this application is not eligible under the policy laid down by Council Order of March 14th, 1972 for convention assistance grants but that, however, the Council agreed to assist in 1974 in the amount of $450.00 and that this application is therefore referred to Council for a decision -- be received and filed and the City of Saint John grant the sum of $500.00 towards the said luncheon. On motion of Councillor Hodges Seconded by Councillor MacGowan RESOLVED that as recommended by the City Manager, the lowest bid received, namely, that of Barnes Hopkins Ltd., at a total cost of $7,597.50, plus taxes, for printing 50,000 copies of the "Key to Saint John ", be accepted. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from the City Manager advising that because an emergency situation developed at the Rothesay Avenue repair garage on February 12th last and the mechanical garage could not be heated, it was necessary to contact a number of plumbing and heating contractors with the request that they submit bids based upon site conditions for the connections from the new steamboiler to the central heating system (no formal specifications were written for this work as this would have taken a further week, and in the meantime further discomfort in working conditions, or damage, could have occurred at the said plant), and that as this was an emergency, the City Manager authorized the work to proceed based upon the low bid, and requesting the Council's confirmation for the acceptance of the said low bid, namely, that of Security Plumbing & Heating, Limited, in the amount of $11,178.00 for the installation of connections to the heating system in the Rothesay Avenue plant -- be received and filed and the request acceded to. On motion of Councillor Higgins 11 Seconded by Councillor Cave .�� RESOLVED that the letter from the City Manager, submitting a document Z entitled, "The City of Saint John - The City's Finances and the Provincial Unconditional Grants System ", which 7 5 has been prepared and is recommended for the Council's use in discussion of the Provincial Unconditional Grant system at the next meeting of The Cities of New Brunswick Association, be received and filed. It was noted that the above named document is the City's brief to the said meeting of The Cities of New Brunswick Association, and that it is being received and filed for public information at this time. On motion of Councillor Cave • Seconded by Councillor MacGowan RESOLVED that as recommended by the City Manager and the Redevelopment Officer, payment be approved of the following accounts for professional services rendered in connection with the acquisition of properties for the North End Urban Renewal Scheme, the approval of the Partnership for payment of these accounts in the total amount of $5,520.00 having been acknowledged, and that the said amounts be charged against the project and be shared in the usual way:- 408 Tri -�i6un �ea/� 90 S-kn%,i We Ate- 00407_' G�OS`t l*+LiCOL. Fees S.eT ��arLr %may Co/r%i�i %SS %oh S- �Zies of reyezevr^v Sq %rlri h9 C /om�riissiopi y staff) deve ors a� "9h �u Ms Co�miss'iori Tri -Town Realty: Appraisal Fee F- 6 -11 -12 23 -27 Mill St. F. Green $ 350.00 Court Cost F- 11 -22 -21 426 Main St. H. McLennan 140.00 Appraisal Fees F- 6 -19 -10 61 -63 Dock St. F. Pales 420.00 F- 6- 19 -8,9 53 -59 Dock St. H. M. Hopper 665.00 F- 6- 19- 14,15) N. Market Whf. Warehouse & L -6 -19- 16,17) Nelson St. Transport 350.00 & 18 ) Negotiation Fee F -6 -19- 14,15) N. Market Whf. Warehouse & L -6 -19- 16,17) Nelson St. Transport 140.00 & 18 ) Rov de Stecher & Associates Ltd.: Court Cost F- 11 -22 -21 426 Main St. H. McLennan 140.00 Clarkson, Gordon & Company: Acct. Fees F- 6 -19 -7 51 -53 Dock St. John Searle 2,315.00 L- 6 -19 -20 7 N. Market Whf. Leonard & MacDonald 1,000.00 $ 5,520.00 On motion of Councillor Kipping Seconded by Councillor Higgins RESOLVED that the letter from the City Solicitor in reply to Common Council resolution of February 10th last which requested the Legal Department to provide a report to Council on-the status and terms of reference of the Saint John Parking Commission, advising that the said Commission was established on the petition of the City of Saint John by an Act of the Legislature of �INew Brunswick, entitled "An Act To Authorize The Establishment Of A Commission To Control Parking In The City of Saint John', being Chapter 128 of the Statutes of New Brunswick in the year 1956 and thus, we see the status of the said Commission as a statutory corporate body endowed with the powers and privileges as set out in the Act which created the Commission to control the parking of automobiles and other vehicles in the City of Saint John; and explaining the membership of the Commission, and setting out the terms of reference of the Commission as defined in Section 3 of the said Act; and further advising that in addition to the said terms of reference, the Act also clothed the Commission with corporate powers that it would not possess if created by a mere resolution of Council - subsequently, such corporate powers allow the Commission to borrow money, and hold and acquire land, and possess other powers and authority conferred on companies incorporated by the Companies Act; and pointing out that by Section 14 of the Parking Commission Act the Commission may be authorized by the City to take over the regulations and control of parking on all or any of the City streets and to maintain the parking meters installed on streets with power to install such additional meters and to remove such existing meters as the Commission may deem desirable, to establish the rates to be charged and to collect the proceeds therefrom and to use such monies as the Commission shall determine, but subject to such conditions or provisions of the said City may set forth in the resolution confering such authority - and further advising that in this regard, the Council has retained the regulation and control of parking meters through its own Parking Meter By -Law enacted in 1966 under the Municipalities Act - however, Council adopted a policy decision several years ago to specifically allocate funds derived from parking meters to the Commission and, in the meantime, administration of parking meters falls under the City's Parking Meter By -Law with installation and other responsibilities under the City's administration; and stating that when looking at the legislation creating the Saint John Parking Commission, it seems that Common Council intended that the said Com- mission have broad general terms of reference in the matter of parking - thus, it is obvious that it would not be logical to have two bodies, namely, Common Council and the Parking Commission, carrying out the same functions at the same time and going in their own separate directions and defeating the whole purpose of the original authorization - and further stating that while the foregoing might not seem logical, and although the Commission was given broad powers and potential authority in the matter of parking, the City Solicitor is of the opinion that the Commission was not given this power or potential authority exclusively to the corporate powers remaining in the Common Council to deal in matters of parking - while the Common Council still possesses corporate powers to become involved in the matter of parking, for the administrative staff and the Council to intervene arbitrarily in matters falling under the broad general terms of the Commission would only result in the diminution of the Commission's author- ity and lead to its total extinction in fact if not in law - the legal procedure for abolishing the Commission if Council so wishes is through an Act of the Legislature; and further stating that while the powers of the Commission seem clearly defined, the City Solicitor sees nothing wrong or nothing to prevent the administrative staff, and a Committee of Council, or the Common Council from taking an active interest in parking needs for the city - however, while the Parking Commission exists, such desire and wishes together with information gathered by the administrative staff and Council on parking matters would seem to be information which as a matter of policy would be communicated to the Commission as long as Council decides to retain the Parking Commission and keep it in existence -- be received and filed: AND FURTHER that the following resolution be adopted, namely:- "WHEREAS the Common Council is actively engaged in seeking developments which involve major facilities: THEREFORE BE IT RESOLVED that the Saint John Parking Commission be respectfully requested to ntain increased liaison with the City administration so that problems of a lack of co- ordination of ion will be avoided." When asked by Councillor Gould if the proposed use of parking management experts regarding the ty's parking requirements will duplicate the present legal position of the Saint John Parking Com- ssion, Mr. Barfoot advised that the Council passed a resolution authorizing the negotiating with rking developers to bring in a proposed on the management of the City's parking. He stated that he lieves the above report from the City Solicitor will have to be looked at in conjunction with the said uncil resolution. He stated that he will be bringing in a report to the next meeting of Council on ese two matters. Question being taken, the motion was carried with Councillor Gould voting "nay ". He explained he so voted because he did not get a satisfactory answer from the City Manager. He expressed the that we will not have three bodies involved in parking:- the City, the said Commission, and Canpark Councillor Kipping discussed the matter of discrepancy that has taken place regarding the Meter By -Law, in that the Council has retained the regulation and control of parking meters this by -law, but has specifically allocated funds derived from parking meters to the Commission, I 10 and in the meantime administration of parking meters falls under the City's Parking Meter By -Law with in- COMM, stallation and other responsibilities under the City's administration. He felt that since the Commission has the authority it should also have the responsibility for these meters, and that there is a discrepancy in administration in this matter. He stated he would like to have at a later time a recommendation from the City / �ug Manager on how to handle this discrepancy. The Mayor advised that the City Manager's report will include this �� matter. On motion of Councillor Pye Seconded by Councillor MacGowan RESOLVED that the letter from the City Solicitor submitting for the information of Common Council a copy of the recent Decision of the Board of Arbitration which was established to look into the matter of the dismissal of two Probationary Constables from the Saint John Police Department, be received and filed and the said Decision be made available for public information. roiicr � COrf Councillor Parfitt noted that the above named Decision (page 12, paragraph 2) states, "We are at a loss to understand why Messrs. Bevans and Molasky did not file a personal grievance under Article 10 of the Collective Agreement; or why the Union Executive did not counsel them to do so." and asked if the City was subjected to a bill of expense with regard to the midnight session of Councillors et cetera, in connection with 9 this Police matter. In view of the comment, above quoted, in the Decision, she asked if the Police Union is liable, instead of the City, for such expenses because the Union did not do the right thing. Councillor Hodges stated that he has had experience with a few arbitration cases, and he has had a difficult time in understanding this particular Decision. He stated he has to divide the Decision into five parts. He stated that with regard to the first part, the Decision says - and this is binding on us - "(1) That the Chief of Police was acting within his apparent statutory authority in dismissing Probationary Constables Bevans and Molaksy on October 8th, 1974. ", and he does not know what is mean by "apparent" statutory authority; either the Chief has statutory authority, or he does not have it. He asked if the City Solicitor could tell Council just what "apparent" statutory authority means. Mr. Rodgers replied that his opinion of the said finding (1) is what it says - that the Board is satisfied that the Chief has the statutory authority to do what he did - using the word "apparent ". . Councillor Hodges stated he is amused about the contradictory things that are said in the Decision. He noted that on page 3, the Decision says, "The evidence also indicates that some members of the Union Executive were engaged in activities not fully explained." He asked why the Arbitration Board did not find out what activities these were. He noted that on the same page the Decision comments, "...a decision was made (by whom the evidence is not clear) that the nine probationary constables who had been attending Holland College would report to the Guard Room... ". He asked why the Board did not find out who gave the order in this regard. He noted that on the same page, the Decision states, "... Messrs. Bevans and Molasky stated that they were seeking to meet with the Chief" to deal with their complaint. He stated that on page 4 of the Decision it is stated, "After some discussion, the members of the Union Executive were also permitted to be present. The constables were brought in one by one and questioned by the Chief as to whether they were now prepared to return to Holland College. ", and that he asks himself what was the purpose of bringing these people in at that time - the Decision does not say. He pointed out that page 5 of the Decision states, "There is some contradiction _ in the evidence as to whether the Chief stated he would recommend they be dismissed or that he, in fact, did dismiss them at that time. There is some contradiction in the evidence as well as to the manner and dispatch with which the Chief dismissed these two probationary constables..." and stated that he asks himself why did the Board not find out who was telling the truth and who was not telling the truth. He pointed out that everybody present there are employees of the City, and he felt that apparently the truth was very carelessly handled. He stated that he does not know what is meant by the notation at the bottom of page 7 of the Decision, "(See Statutes N. B. 1856, Ch. 52, 1889 Ch. 27, Section 23, 1899 Ch. 45, Section 3, 1960 -61. Ch. 133, Section 6 (4) ) ". He noted that on page 8 of the Decision the Board says, "Because of such statutory authority, we have grave doubts as to whether the Collective Agreement which was entered into by the City of Saint John alone without the concurrence of the Chief of Police would be binding on the Chief... ". He noted that the present Chief of Police was not employed with the City when the said Collective Agreement was signed. He stated that the one question he asked himself is - is the Common Council not supposed to be the employer of all these people - does the Council not decide that things are legal or not legal and have the last decision - and are not .things binding upon its employees - unless the Chief of Police is not the City's employee - in which case, the City will have to stop paying him. The Mayor noted that from the aforegoing remarks made by Councillor Hodges, he is saying that the Decision of the Arbitration Board is not up to the standard he had anticipated. • Councillor Hodges replied that the said Decision has not solved anything. (Councillor Green entered the meeting during the above noted discussion period) 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 /y Your Committee begs leave to report that it sat on February 3rd, 1975 when there were present Mayor �d /moo Flewwelling and Councillors Cave, Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt and Pye, and your Committee begs to submit the following report and recommendation, namely: - ^ ,0 7 /5�� 1. That authority be granted for payment of the bill received from the Saint John Housing Commission for 0OA?ir8. payment of remuneration to members of the Commission for meetings attended during 1974, at the rate of $10.00 f�hrG6 y per meeting for the Chairman of the Commission and $5.00 per meeting for each member of the Commission. Lw Zoo Respectfully submitted, 24th February, 1975, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Cave Seconded by Councillor Green RESOLVED that the above report be received and filed and the recommendation contained therein adopted. • 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 41�). d/ � Pro /�wMrr�e Ca ary visi f=i e G''hi ef' C'oah. G'oa /d (?OAYWi-44�le 41177 % 6,0W17, �(hte 41, ON �o �hQS �u/n Your Committee begs leave to report that it sat on February 10th, 1975 when there were present Mayor Flewwelling and Councillors Cave, Gould, Green, Higgins, Hodges, MacGowan, Parfitt, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, namely:- 1. That the letter from the City Manager advising that he has approved a visit by Fire Chief P. Clark to Calgary Fire Department to obtain information regarding the paramedic programmes of that De- partment which will be of assistance in the development of such a programme in the Saint John Fire Department, and suggesting that since the City Manager believes that the institution of advanced pro- grammes such as a paramedic programme represents a change in Fire Department policy which needs to be appreciated by Council who are responsible for policy, it might be desirable for Council to consider authorizing Councillor Gould, who is the liaison Councillor for the Fire Department to accompany Chief Clark to Calgary, be received and filed and Councillor Gould be authorized to accompany Chief Clark to Calgary for the said visit. 24th February, 1975, Saint John, N. B. Respectfully submitted, (sgd.) E. A. Flewwelling, C h a i r m a n. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the above report be received and filed and the recommendation contained therein adopted. To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on February 17th, 1975 when there were present Mayor Flewwelling and Councillors Cave, Gould, Gree, Higgins, Hodges, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendations, namely:- 1. That permission be granted for Councillors Cave and M. Vincent to represent the City of Saint John at the expense of the City at the Oldtimers Hockey Tournament to be held in Peterborough, Ontario during the week of February 17th, 1975, for the purpose of assisting the Saint John Loyalist Oldtimers Hockey Club in presenting a bid to hold the 1977 Oldtimers Hockey Tournament in Saint John. 2. That the City of Saint John provide the Loyalist Days Inc. with the amount of $17,500.00 (to be y provided in the form of $10,000.00 cash and $7,500.00 by way of services) for Loyalist Days 1975• S 3. That as requested by the Saint John Parking Commission in the letter submitted to Council on April 22nd, 1974, the Common Council approve the motion which was adopted by the said Commission on March �s 26th, 1974 that members of the Commission be paid $10.00 per meeting and that the Chairman receive $15.00 per meeting — effective from March 26th, 1974. /and ro ?- Ahdaves 1-Fd ,V?V ;P �o r A?cA frieoas 99 C 22^0 a107 /r-y . 9PReaA- Re vi< 4. That as recommended by the City Manager, Mr. Tibor A. Halassy be appointed as a Standards Officer under the Residential Properties Minimum Standards By -Law of the City of Saint John. Respectfully submitted, 24th February, 1975, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the above report be received and filed and the tions contained therein adopted. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from the Land Committee advising that Andaves Ltd. has offered to sell to the City for the McAllister Boulevard re- alignment approximately 25.1 acres of land for the amount of $155,514.56, which will provide all the lands required from this Company for the said road re- alignment and a parcel of land including between 60 to 65 lots for single - family dwellings in an approved sub - division, and requesting that the Council approve the acquisition of the said freehold interests in approximately 25.1 acres of.land owned by the said Company for the sum of $155,514.56 subject only to the necessary adjustments on closing - be received and filed and the request acceded to. In regard to the above matter, Councillor Davis, Chairman of the Land Committee, advised that the project is the McAllister Drive extension, and that Andaves Ltd. has filed a sub - division plan which was accepted by the Planning Advisory Committee, and then, subsequent to that the City decided to put through the McAllister Drive extension which went through the middle of the sub - division project; Andaves Ltd. then proceeded to file another sub - division plan for the triangle of land to the left of the said area but the Company has decided that development was not feasible and has offered to sell that land to the City at the Company's cost plus its expenses. He advised that the cost of the property at that time was approximately $113,000 and there were over $40,000.00 expenses. He stated that the latest development in the matter occurred today in the receipt of a letter from the New Brunswick Housing Authority stating they want to purchase that part on this side (the other side is on the Irving Refinery side) for $70,000.00, so the net cost of this property will be $85,514.56 and we will be disposing of the part to the right of the property, and the road should actually cost the City very little. He added that there are 66 building lots in this land that the New Brunswick Housing Authority wants to buy; the land that the City will be retaining on the Champlain Heights side is worth at least $70,000.00, whether the sale price is from the New Brunswick Housing Authority or anyone else. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that in accordance with the recommendation of the Committee, Mrs. Peggy Duplessis be appointed to the Community Appeals Review Board. • 1 • • f c • A r • • 'S1 b 1e r. vrs��y st C'raiy Cres. f 7 f�61'd d� 411 On motion of Councillor Green Seconded by Councillor Higgins RESOLVED that as recommended by the Planning Advisory Committee the Common Council assent to the streets and land for public purposes in the proposed Millidgeville Estates Sub- division, Phase I, as shown on the submitted print - the names of the two new streets being Varsity Street and Craig Crescent, and the said plan being generally in conformity with the layout devised for the Millidgeville Estates Sub - division. In reference to the above matter, Councillor Gould expressed the hope that the City has looked at the land it is getting for public purposes, and stated he realizes that not all the land the City gets is for tot - lots and recreation, in getting land for public purposes, as it could be perhaps for parks. He stated that he is quite assured that the first parcel of land on University Avenue in this particular development is not satisfactory outside of letting the present stream run through it. He stated that his other question is - it was his understanding that the rest of the land that is owned by the same group has changed hands several times and that probably people will begin to change the plans that were originally filed as a temporary plan. He stated that he hopes this will not take place. Consideration was given to the letter, dated February 13th, 1975, from the Planning Advisory Committee which recommends against the application of Eastbrook Ltd. for the re- zoning of the proposed Highmount Court shown on the submitted print to "RM -1" multiple family classification, for the reasons set forth in the said letter. The Committee's recommendation that the Common Council take appropriate action to enforce the Zoning By -Law on the alleged or apparent violations with respect to more than two families (or boarding houses) in dwellings on Northumberland Avenue and on Barbara and McLaughlin Crescents, was also considered. Councillor Higgins proposed a motion, which Councillor Gould stated he would second, that both recommendations be adopted. Councillor Parfitt pointed out that if the Zoning By -Law is enforced in that area as recommended, it will mean that several families will have to be evicted because the said By -Law has been violated, and that this - at a time when we have a housing crisis. She stated the hope that the Council members have studied the facts in this case, and have talked with the developer, and have seen the serviced land off by itself which could contain good housing, and then reach a decision. Councillor Gould stated that he offered to second the motion to get the matter before Council for discussion, but he would be very displeased if we enforced the by -laws in this particular area of the city and did not enforce them all over the city. He noted that we have by -laws which should be adhered to by the citizens, and, in fact, they are not being adhered to. He stated that if the City Manager can guarantee that the by -laws can be adhered to all over the city one hundred per cent of the time regarding the zoning regulations, he can support the motion, but if the City Manager cannot so guarantee, he would move that the zoning be rejected and that it be changed to multiple family classification. Councillor Higgins noted that if it becomes impossible or difficult to enforce the Zoning By -Law provisions and the Council gets legal opinions and opinions from the Building Inspector, and so on, that is a matter for the Council to decide at a future date, but the matter presently before Council is.that someone violated the Zoning By -Law provisions and this is wrong, and we are recommending that the said By -Law be enforced. Councillor Kipping pointed out that the question of the proposed re- zoning and the question of the enforcing of the Zoning By -Law are two divergent matters and are not that well tied in together, really. With regard to the proposed re- zoning, he felt that it must be remembered that the city needs housing very badly and in this particular case the land is serviced. He noted that the primary objection of the residents of the area to the proposed re- zoning was because Mr. Kenneth Blair told purchasers at the time of selling these homes that the area would be used for not more than two - family classification. He noted that in the letter from the Planning Advisory Committee there is a contradiction of this, backed up by the records of the said Committee; his point is that he believes that destroys any validity that the residents there may have had in their com- plaint - the Committee's letter says "Mr. Blair said that from the earliest beginning of the development and before Northumberland Avenue was developed, that is, with the dwellings" (Councillor Kipping noted that these were to be one- and two - family dwellings and that some of them are illegally three - family dwellings) "the services were installed and the bed of the street built for what is now shown as proposed Highmount Court to serve the multiple family area that he has now applied for (to have re- zoned). Planning Department records show this. ... ". Councillor Kipping noted that, in other words, it is a fact that that area was serviced back in the early days of the beginning of the development, and it was serviced for multiple dwelling classification. He stated that he also has evidence that some of the people who are indeed involved now in speaking against the proposed re- zoning still live there - while some of them do not live there, or have died - and many of the residents at that time were very aware that apartments were to be built in this area which is now being applied for - both the Highmount Court and the Eastland Court areas (Eastland Court being adjacent to Highmount Court), and the people there knew that these areas were to be developed into apartment buildings and, indeed, requested at that time of Mr. Blair that they be given an opportunity to share in the ownership of some of those buildings. Pherefore, Councillor Kipping stated that he believes that the case of people who are protesting the re- zoning is effectively invalidated, and for that reason, he would vote against the Planning Advisory Committee's recom- mendation against the re- zoning. He stated he feels that the re- zoning should be granted, for these several reasons; first, that we need housing, and that Mr. Blair builds very good quality apartment buildings as he has noted from personal inspection of some of his apartment buildings, and he has seen nearly all Mr. Blair's other apartment buildings; also, we have the invalidated objection of the residents who are there now - for that reason he would be prepared to vote against the motion to reject the proposed re- zoning, and he would be pre- pared to propose a contrary motion, if the opportunity arises. Councillor Cave stated that he is more familiar with the said area than Councillor Kipping is, and at he has to disagree with Councillor Kipping in the matter. He stated that when Mr. Blair started that velopment he was advised that because of the rocky topography of the area it would be costly to develop it. recalled that when Mr. Blair asked for re- zoning on the Northumberland Avenue area that application was rned down, and he was told at the time that at some future date it was possible if he asked for re- zoning in at area that he may acquire it, but he was not assured that he would get it. Councillor Cave felt that if Mr. air put services in there at his expense, that is his business, and not that of Councillor Cave. He stated he 11 have to support the recommendation of the Planning Advisory Committee to refuse the re- zoning application. th reference to the recommendation that the Zoning By -Law be enforced against those people on Northumberland enue who have violated,the by -law, Councillor Cave asked how long it has been since they broke the law. He ated he realizes that we need homes. He stated he will not support this second recommendation of the said mmittee. Councillor Gould recalled that some two or three years ago when the same question came up about violation of the Zoning By -Law in that area in that there are three - family dwellings in a one- and two - family dwelling area and the City was not prepared to take action at that time, and he asked what makes one believe • that the City is prepared to take action at this time. He asked for an answer to his question, and also asked that if the City is not prepared to take action, how can the Council support such a motion. Councillor Davis stated that he supports the first recommendation of the Planning Advisory Committee egarding refusal of the re- zoning. He stated he feels that Councillor Gould is quite right in his remark: 41 here are 11 of the 31 houses there which have now been converted to three - family dwellings; if we take ction, 11 families will be evicted and 11 people will be very unhappy because they will be losing that evenue and probably will not be able to afford their homes. He stated he feels that where people break law to that extent - where more than one -third of them have knowingly broken a zoning by -law, that erhaps the Council should consider changing the Zoning By -Law in that particular zone. He felt it would e a good idea to ask the Planning Advisory Committee to advertise a change in that zone to make it two - nd three - family classification (rather than one - and two - family classification), and see what happens; f the two - family houses protest, it would not go through. He stated it may be a new category, but he hinks it is the only way to solve the situation. Councillor Higgins felt that the fact that the ap= ropriate department did not take action in the past in this area to enforce the Zoning By -Law in cases f violations, does not make these violations right - they are as wrong now as they were then, and by the roposed motion, the Council wants the Zoning By -Law upheld. He asked what about the 20 people of the 31 n that area who abided by the Zoning By -Law, and did not build three - apartment dwellings. At this time, ouncillor Higgins withdrew his proposed motion so that the Council could deal with the two recommendations rom the Planning Advisory Committee separately. On motion of Councillor Cave A! WA 44111.7- Seconded by Councillor Pye /oil/ RESOLVED that as recommended by the Planning Advisory Committee, the application of Eastbrook Ltd. for the re- zoning of the proposed Highmount Court off Northumberland Avenue Fe- X O h / n, to "RM -1" multiple family classification to permit the erection of one two - family dwelling, two four - xast6roo family dwellings, and four six - family dwellings therein, be refused. Question being taken, the motion was carried with Councillors Parfitt, Gould and Kipping voting �96�mou "nay ". C'rt On motion of Councillor Higgins Seconded by Councillor Davis RESOLVED that as recommended by the Planning Advisory Committee, the Common Council take appropriate action to enforce the Zoning By -Law on the alleged or apparent violations with respect to more than two families (or boarding houses) in dwellings on Northumberland Avenue and on Barbara and McLaughlin Crescents. Councillor MacGowan proposed a motion, that was not seconded, that the matter be laid on the e until the Council receives a report from the Planning Advisory Committee as to exactly how many lies are in the areas concerned, and how many homes are single and two - family - that is, information inent to the existing zoning. Councillor Pye stated he feels that in this particular instance, in view of the shortage of et cetera, this matter of violation of the Zoning By -Law should be overlooked in the said areas the circumstances are extenuating, in his opinion. Councillor Gould asked if the City is going to enforce the Zoning By -Law regarding these particular violations; if it is, he will vote for the motion, but if not, he cannot vote for the motion. He added that the By -Law has to be enforced not only in these areas named, but in every area of the city. In reply, Mr. Barfoot stated that if the By -Law infraction has been pointed out he does not see that the administration has any other course but to follow up and enforce the By -Law. Councillor Cave noted that other areas of the city have also violated the Zoning By -Law, and stated that before he could vote on the above motion he would like a complete report in this regard. On motion of Councillor Cave �SG'i°hl�S Seconded by Councillor Kipping 7�,bhp•lydd/ S- RESOLVED that the above matter be laid on the table until the Common Council receives information as to how many people have broken the Zoning By -Law. Question being taken, the motion to table was carried with Councillors Higgins, Hodges, Davis, Gould and M. Vincent voting "nay'. On motion of Councillor Higgins Seconded by Councillor Gould C� RESOLVED that the letter from the Northern Electric United of the �*A / 26 United Auto Workers Union, Local 1905, advising that the employees of the Northern Electric Ltd. plant on City Road are experiencing extreme difficulty finding parking facilities in the City Road area, and that /90 the problem will become even more pressing if the recommendation of the City's Traffic and Safety Committee ? "that no parking, be enforced on the north side of City Road from 4.00 p.m. to 6.00 p.m." is implemented, S d requesting that the Common Council obtain permission from the proper authorities for the said employees to park on the large parking lot next to the warehouse of the New Brunswick Liquor Commission on Clyde treet, be referred to the appropriate City staff for a report. zph%hy `may -� .a!_»*r4Z,-v ►eht ayC 447d ccrewe/ The Common Clerk advised that the necessary advertising took place regarding the proposed endments to the Zoning By -Law in connection with excavation of land, and that no written objections re received. It was noted that no person or persons were present to offer comment regarding this tter. - On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- of The City of Saint John and Amendments Thereto" insofar as it concerns substituting a new Section 9 as follows: "9. No person may commence or continue any excava- ion of land unless the owner of the land has applied for and there has been issued to him an excavation ermit pursuant to section 196 of this by- law. "; substituting a new section 196 Excavation of Land, as submitted -- be read a first time. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint ohn and Amendments Thereto ". I On motion of Councillor Kipping 41;3 •0 _ X.;?w Seconded by Councillor Gould d�e %���n RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of ,i� The City of Saint John and Amendments Thereto" insofar as it concerns laA-A / 1. substituting a new Section 9 as follows: "9• No person may commence or continue any excavation of 60ta:Pke'l land unless the owner of the land has applied for and there has been issued to him an excavation permit pursuant /pjLLS� to section 196 of this by- law. "; 2. substituting a new section 196 Excavation of Land, as submitted -- be read a second time. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". n/� Councillor Hodges stated that he would like to bring the following matter to the attention of the C.0UN. citizens of Saint John: in 1959, he was chairman of the Human Rights Committee of the Saint John District Labour Council which at that time was concerned about the lack of minorities on City committees. He read the Get p following letter which the said Committee received on April 28th, 1959 from the Common Council, "Resolved that the letter from the Saint John Labour Council Committee on Human Rights advising that the previous letter from the Labour Council in which the Common Council was requested to inform them of its attitude in the appointment h4S /,e of members of minority groups to boards and commissions under the jurisdiction of the Common Council, refers to dp/ 'minority groups' as being Chinese, Indians and Negroes who are all citizens of Canada and are taxpayers and voters in this area, and they are not referring to any particular instance, be received and filed and the Labour M% h0PI'f Council advised that the Common Council has no prejudice towards any minority groups serving on committees. ". 9/'1'316:0 14B He stated that at that time, the newspaper referred to some of the Councillors as.being rather objective to the �/� letter from the Labour Council as they said that a member from the Labour Council was not put on the committee e'o `jj�/ /s because of lack of ability. He advised that he is rather amused now that in the intervening fifteen years the Common Council has not made any move in this area by putting visible minorities on committees. He noted that he himself is on committees because of right and not because of the decision of the Common Council. He stated that he would like it made plainly known to the citizens - those visible minorities - that as long as he'is here this attitude has changed. • The Mayor noted that on February 10th last, the Council granted a delay until February 20th, 1975 on the demolition of the building located at 210 Canterbury Street and 17 Britain Street, and that Mr. John G. Riley, solicitor for Soucy Investments Ltd. is present at this meeting regarding the matter. On motion of Councillor Hodges Seconded by Councillor Cave RESOLVED that the matter of 210 Canterbury Street and 17 Britain Street be placed on the agenda of this meeting. Mr. Barfoot advised that new circumstances have arisen in the above named matter, and he felt that the Council should hear them before the Building Inspector carries out the order of Council to proceed with the demolition of this property. 1-7o-k � Mr. John G. Riley advised that this property is now in the name of Soucy Investments Ltd. who would ��++ �Jl� like to have the Council's demolition order rescinded. He advised that this new owner submitted plans to the Soce5Y .CA? - Building Inspector to renovate the building and will commence on such work as soon as the building permit is ves�meiits approved. Mr. Ellis advised that the new owner approached him with the said plans and accepted the minor changes he suggested in them. He stated that the owner plans renovations as required by the Building Code to bring the property up to acceptable standards. On motion of Councillor Gould ,noiiO4 AV/ (°�-9el-47 Seconded by Councillor M. Vincent RESOLVED that Common Council resolution of January 20th, 1975 which declared the building and garages located at civic numbers 17 Britain Street and 210 Canterbury Street to be dilapidated and dangerous and which required the owners to remove or destroy the said property, be rescinded. Mr. Rodgers noted that the Council can pass the above resolution if it wishes, but it is not legally necessary to do so because the Building Inspector would just not carry out the order he gave for demolition if he is satisfied with the plans for renovation of the property. On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that this meeting continue, in legal session. L E G A L A letter from the Commercial Union Assurance Group, in reply to Common Council resolution of February 10th last (which asked that the City's insurance company inform the Common Council of its decisions regarding �Ohj/jjgyQ� /a7 insurance claims against the City prior to notifying the claimants of such decisions) was discussed at this time. Q7h/CL°lY'�lC/0 (Councillor A. Vincent entered the meeting) �7 dy The said letter states that the intent of the said Council resolution as interpreted by the company is that it was only with respect to the liability insurance of the City and that Council wished to be advised of nn �C.0ie%7L°/l-t�0 the denial of any claims under this policy prior to notification of the claimants of such decisions. The letter 6e h % refers to Common Council resolution of October 18th, 1971 regarding claims procedure outlined by the company and accepted by Council on that date, and suggests that a new Paragraph (e) be adopted in place of the former /t�TC�o7 /h7S Paragraph (e) that was adopted by the said Council resolution, and advises that the company proposes to adopt the following procedure regarding denials of liability under the said insurance policy - to be designated as py 0 t•�� Paragraph (g) and treated as amending the company's letter dated October 4th, 1971 (which the Council adopted by C1ea %/77c9/TG/� 1 the said October 18th, 1971 resolution of Council, the said new procedure being as follows:- "(g) Where a denial hj�'jCgc / of liability is to be made to a claimant we propose to notify the City Solicitor of this disposition by im- mediately forwarding to him a copy of the letter of denial forwarded to the claimant." The letter states that although this additional procedure does not comply strictly with the request as outlined in the Council's request the company feels that it is proper procedure to follow as there is an obligation on the City and the • company as the City's Insurers to advise any claimant of its decision as soon as possible as any unnecessary delay could very well result in the claimant suffering further damages, and further states that the company feels that this procedure is to the advantage of both a claimant, the City and its insurers. The new Paragraph (e) referred to would be as follows:- "(e) Where a claim is presented through a Councillor or a Councillor becomes subsequently involved, the City Solicitor's Office is to advise our Claims Department. Upon receipt of 414 1�o /cy re tt�enia/ o� /!� /iiy irisu arlae � %ir�f Co/1/M , *4ele Flooding c/a ep/en Ya //s a, h�m I g'p NS eieClISAM Awl -C -�o c /aim�iltES this information we would adopt the procedure of notifying the City Solicitor who should notify the Councillor of the disposition of this claim immediately on payment or denial in order that the Councillor may be kept informed. This may be done by our Claims Department forwarding a copy of the letter to the • claimant indicating payment or denial to the City Solicitor or by a handwritten memo addressed to the City Solicitor. ". Councillor Davis withdrew from the meeting during ensuing discussion. On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that the Common Council accept the following, which is to be added as Paragraph (g) to the liability insurance claims procedure accepted by Council resolution of October 18th, 1971:- "(g) Where a denial of liability is to be made to a claimant we propose to notify the City Solicitor and the Common Clerk of this disposition by immediately forwarding to them a copy, of the letter of denial forwarded to the claimant. ", and that the Common Clerk inform the Common Council of receipt of such notification from the City's insurers. Councillor M. Vincent stated that in a recent Committee of the Whole session of Council he mentioned it was believed there were 54 people who had filed claims with the insurance company regarding the flooding damages that occurred in December of 1974 in the Glen Falls area. He stated that he does not have any founding information to prove that there were 54 claims in this matter. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from the City Manager advising that when the Council discussed the matter of Marsh Creek flooding and notification of non - liability to insurance claimants in that area on February 10th last, information was given that 54 letters had gone out from the City's insurers, hand delivered, to residents in Glen Falls, and further advising that City staff have checked out this information and find that, (a) the insurance company only sent out 9 letters as only 9 claims were submitted, and each letter was sent out based upon an individual decision, and (b) the number 54 comes from the Regional Office of the Department of Municipal Affairs where 54 residents of the Marsh Creek area registered complaints of flooding damage - however, the said Department has not sent out any letters, individually or collectively, to these residents concerning liability -- be received and filed. On motion of Councillor Higgins e/ - y �r Seconded by Councillor Gould T RESOLVED that the City Manager be asked to submit a proposal that R"dWrZpt re is consistent with the Working Agreement and the rights of management, to give some procedure or guidance gr /evahad05 that the Common Council will discuss for the handling of the grievance procedure when the grievance finally reaches the Council. • Discussion ensued regarding the status of the Chief of Police and members of the Police De- partment as civil servants as related to the authority of Common Council over civic employees, and ' whether the Working Agreement with the Saint John Policemen's Protective Association, Local 61, is 9, T!D//G+e �B binding on the Chief of Police. Councillor Hodges and Mr. Rodgers held a detailed discussion regarding t40,16e,,; u the Decision of the Board of Arbitration which was established to look into the matter of the dismissal e7 5 C / v/ of two Probationary Constables from the Police Department. Other Council members entered the said discussion. s era�h�S On motion of Councillor A. Vincent er! ✓ Seconded by Councillor Gould t,e d iShi! S RESOLVED that the matter of ambulance service in the City of Saint pv,6,aoN /�°s John and area, be placed on the agenda of this meeting. Councillor A. Vincent stated that he met today with Dr. Carl A. Trask of the Saint John General Hospital, and learned that up until now Dr. Trask does not have an order for the ambulance to go across the Mispec bridge to service the 23 families who live beyond that bridge. He stated he understands that it went through Council that the ambulance service be extended to these families, and that he wants a • » letter to go immediately to Dr. Trask to this effect. The Council members pointed out to Councillor A. Q[ 17%IIAf1C1%Xe Vincent that in this regard, the City Manager is to bring in a report to Council on the extension of such service. Mr. Barfoot stated that, subsequent to the Council meeting when he was asked for a report and n r�h�/ he advised the Council at that meeting that he thought the way to do it was for the residents to form a J• ✓� local service district, and he recalled that the Council kind of indicated it did not want to follow that route and that it did not think that the residents wanted to. He stated that he then asked the Assistant City Solicitor for a legal opinion as to whether we could extend ambulance service as a matter of City service without entering into such an arrangement; as yet, he has not received the legal opinion. Councillor A. Vincent pointed out that these residents were left out when the boundary line was drawn between the area that was to receive the ambulance service, and the area that was not to receive it, and he felt that it is not that big an issue and that they could be included. He pointed out that in the case of an emergency, the ambulance goes when called. He stated he wants to know from City staff if it is true that there is active negotiating going on between the City staff and the Provincial Government for the Provincial Government to take over the ambulance service in Fredericton, and what, if any, negotiations have taken place bearing in mind that perhaps we should turn it over to the Fire Department and we could not only give better service thereby but we could also make money by so doing. In reply, Mr. Barfoot stated that he does not know what is taking place in Fredericton but he will check on it this coming week. With reference to the ambulance service in Saint John, he stated that there was a meeting in St. Andrews in October of 1974 attended by the Fire Chief and the Mayor and at that time the question was asked regarding ambulance service. He pointed out that there is a Paper out from the Province _ indicating the thinking of the Department of Health, which is that the hospitals should take over the administration and operation of ambulances services and it would therefore be a Provincial service. He stated that the question was asked whether in Saint John, because of the way the Fire Department is organized, the Fire Department could take over the ambulance service - the Province's answer was that they would entertain this decision; this has not been pursued but this is something which the City will have to discuss further with the Province. Councillor Parfitt withdrew during the above discussion. Councillor Cave felt that the Council should receive the necessary information from the City • Solicitor as quickly as possible and then, when the Council meets with the Provincial Cabinet regarding /� the Marsh Creek matter, the Council can discuss the matter of ambulance service, as well. Mr. Rodgers i h ezl-1 pointed out that the paramedic question is also being studied by the Legal Department because Dr. Tooley �rahh��ed�c- C,iy So /editor , 415 • elvzles 010 AIR mt9r, G�iIti'�/ ,PJFB off', �vls present E. A. Flewwelling, Esquire, Mayor Councillors Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, A. Ellis, Building Inspector, C. E. Nicolle, Director of the Recreation and Parks Department, D. Carter, Economic Co- Ordinator, and P. Clark, Fire Chief The meeting opened with silent prayer. The Mayor made note that in a letter received at this time from the Chairman of the Glen Falls Flood mittee, addressed to the Mayor and Common Council and to members of City staff, an invitation is extended to end an open meeting to be held on March 6th next at 8.00 p.m. at the new Glen Falls School when the issue cerning the flood on December 9th, 10th and 11th, 1974 in the area will be discussed. He added that copies this letter will be sent to the persons involved. With reference to the annual meeting of The Cities of New Brunswick which was held in Edmundston on bruary 28th and March 1st last, the Mayor advised that the Common Council feels the said meeting was of value all cities of New Brunswick. Mr. M. Sommerville and other members of the group known as The Central Businss District Community re present to submit a report resulting from a comprehensive parking study of the central area of Saint John ich the group, at its own expense, commissioned be done by Mr. Jan Davis, Project Director with Stanley merson Associates, Architects. Mr. Sommerville advised that Mr. Thomas L. McGloan, Q. C., who was absent from • city at this time, is Chairman of the Central Business Committee of the group. The letter which accompanies • said survey report, advises that the Saint John Central Urban Design Report and the findings in the sub - tted study emphasizes the underlying need for immediate and effective action in the overall planning and �'7s5o from Fredericton has raised the question as to whether the City's Legal Department has looked at the paramedic subject yet; these two matters should dove -tail together and be coming in together to Council, probably. He stated that he will do his best to bring his reports on these matters for the next meeting of Council. The Mayor noted that the aforegoing discussion was for information purposes and that the Council is anticipating a report from the City Manager on the subject matter. Mr. Rodgers advised that with regard to the motion proposed in legal session at the February 17th last Council meeting regarding payment by the City of legal expenses incurred in the court case brought against Councillor Pye by Mr. Harold McNamara, he looked into the matter and finds no situation where the Council is obligated to pay those fees. He added that if the Council wishes to pay them, it can do so. Councillor Pye advised that he has an itemized account of such costs, which total $966.00. ' On motion of Councillor Green Seconded by Councillor Cave RESOLVED that the City pay the legal expenses of $966.00 which were incurred by Councillor Pye in the legal action.taken against him by Mr. Harold McNamara. Councillor Pye withdrew from the meeting at this time. Mr. Rodgers stated that on the question as to whether the payment by the City of the said legal costs would be brought out to open session of Council, a decision has not been made on that, and that he will discuss ce it further with Mr. George T. Clark, Q. C., Senior Legal Counsel, and see if they can find any possible way to s0 // C %t0/" authorize the Commissioner of Finance to pay this bill by a private resolution. Councillor MacGowan asked if it is possible, in future, when ever a Council member might in open session of Council get out of order in making statements, if the legal advisor were to tell the Council members they were out of order and such statements could be rescinded openly, that the Council members could save themselves a lot of difficulties; would this not be the right approach to such situations. The Mayor replied that the legal advisors would have to study the matter before coming up with answers and advice in this regard. h ero /d • 60 On motion of Councillor Hodges f'f �f_ e /iDU�' 7 Seconded by Councillor MacGowan Y_;?/ e0 RESOLVED that the above motion be laid on the table until the next meeting of Council. Question being taken, the motion to table was carried. Councillor Pye re- entered the meeting. On motion The meeting adjourned. Common Cle At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the third day of March, A. D. 1975, at 7.00 o'clock p.m. • elvzles 010 AIR mt9r, G�iIti'�/ ,PJFB off', �vls present E. A. Flewwelling, Esquire, Mayor Councillors Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, A. Ellis, Building Inspector, C. E. Nicolle, Director of the Recreation and Parks Department, D. Carter, Economic Co- Ordinator, and P. Clark, Fire Chief The meeting opened with silent prayer. The Mayor made note that in a letter received at this time from the Chairman of the Glen Falls Flood mittee, addressed to the Mayor and Common Council and to members of City staff, an invitation is extended to end an open meeting to be held on March 6th next at 8.00 p.m. at the new Glen Falls School when the issue cerning the flood on December 9th, 10th and 11th, 1974 in the area will be discussed. He added that copies this letter will be sent to the persons involved. With reference to the annual meeting of The Cities of New Brunswick which was held in Edmundston on bruary 28th and March 1st last, the Mayor advised that the Common Council feels the said meeting was of value all cities of New Brunswick. Mr. M. Sommerville and other members of the group known as The Central Businss District Community re present to submit a report resulting from a comprehensive parking study of the central area of Saint John ich the group, at its own expense, commissioned be done by Mr. Jan Davis, Project Director with Stanley merson Associates, Architects. Mr. Sommerville advised that Mr. Thomas L. McGloan, Q. C., who was absent from • city at this time, is Chairman of the Central Business Committee of the group. The letter which accompanies • said survey report, advises that the Saint John Central Urban Design Report and the findings in the sub - tted study emphasizes the underlying need for immediate and effective action in the overall planning and �'7s5o 416 Aw -king spa v�' eerrir�/ 475.47 0.7 w's s-t�a /ey �himerso� f7S,Sod /a +�' �iL�it,7 /.arcs✓; .7>ls�hict Thaf�ic,� •S COMMA F�SSOC. 0 /er2 /vservoir .ease development of the central business district, with first priority being given to parking. The letter advises that the group sees the need for an overall Central Business District authority to work with such groups as the Planning Commission, Parking Commission, Transportation Committee and the Urban Renewal Commission to ensure the full utilization of the present central business district and the co- ordination of the new developments which are presently under way, and further advises that the Central Business Committee is prepared to work with the Common Council in this regard, and would like to have an opportunity in the near future to discuss this matter further with the Council and to assist in whatever way it can; in the meantime, the group would like to see the implementation of a comprehensive and positive parking policy for the up -town area, and it is prepared'to assist in whatever way it can. Mr. Sommerville suggested that because of the complexity of the report and the fact that Mr. Davis was unable to be present at this meeting it may be that the Common Council would like to ask questions at this time, or, because of the comprehensive nature of the report the Council might like to have a separate meeting with Council or a committee of Council and the Central Business District Com- mittee; secondly, the group would like to see the advice of Council as to how the people in the central business district could best organize themselves, and as a commission and an authority to study the central business district in all its aspects to assist the City and the people working in the central business district to arrive at a viable solution. In commending the group for its initiative in having this study prepared, at a cost of $10,000.00 to the group, the Mayor assured them that the Council will be calling upon the group in the future to thoroughly consider the report. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the parking study report on the central area of Saint John which was prepared by Mr. Jan Davis, Project Director with Stanley Emmerson, Architects, and spon- sored by The Central Business District Community group, be referred to the Saint John Parking Commission, the Traffic and Safety Committee, the Transportation Committee and to all City staff concerned, for study and a report back to Council so that the Common Council will be ready to meet within two weeks in the matter with the said business district group. Councillor Kipping stated it is his feeling that on any move the Common Council might make in anything dealing with parking, it must have the closest kind of co- ordination with the Saint John Parking ;Commission. He added that it appears to him that the time has come for the said Parking Commission to proceed in parking matters under the authority and responsibilities that rest with that Commission. The Mayor thanked Mr. Sommerville and group for their presentation. Mr. Robert N. Millett, Treasurer of the Greater Glen Falls Recreation Association, was present on behalf of the Association and presented a brief which advises that this Association is prepared to develop and improve the shorefront surrounding the old Glen Falls reservoir and dam as a scenic neighbourhood park, and that this project would mean little, if any, expenditure of funds on the part of the City and it would add substantially to the environmental and recreational quality of life for citizens in the northeastern sector of the city; that this project would in no way conflict with designation as natural parkland under the Comprehensive Community Plan since the programme would not extend more than 150 feet in any direction from the shore, and would serve to remove certain eyesores that presently exist at this quaint resource location. The brief states that should favourable consideration be given, the community and its representative group would proceed to do the various items of development and improvement set forth in the brief in the said area, and advises that the Association has been assured approval on a $300.00 organizational grant from the New Brunswick Department of Youth and the Association intends to take advantage of the annual grant available to it, based on membership; further, the Association intends to apply for an Opportunities For Youth grant that will employ six students on the park project this summer, providing the Council gives approval to the project. The brief states that should the City need to expand the reservoir as a holding pond for flood control at some future date, the Association would move all equipment, installations and facilities and re- establish them at some convenient site on the new shoreline. The brief advises that the contents of the brief have been studied and recommended in principle by the executive members of the Association and have the tacit approval of residents of the area and members of the Association -at- large. Mr. Millett stated that it is felt that a project of this size would cost the City in the vicinity of $75,000.00, and that the Association feels it can do it for less than $20,000.00, and that the total project can be accomplished in less than five years. He stated that this community feels that the residents there cannot expect the City to provide everything in the way of services - they realize that many of these things have to be done on the group level and by individual initiative, and that'is the way they feel, in undertaking this project - and when they undertook the operation of outdoor skating rinks (when they were very modest in their requests for assistance from the City's Recreation and Parks Department) on a very economical scale. The Mayor expressed commendation to Mr. Millett on this presentation, and to the Association in assisting in the recreational facilities of the City. When asked if the proposal has been discussed with the City's Recreation and Parks Department concerning development and improvement of the said reservoir and dam site, Mr. Millett stated he has done so several times, perhaps not to the extent as is presented in the brief, but in a generalized manner with Mr. J. Gabriel and with others in the said Department, and also with Mr. Zides, and on one or two occasions he also mentioned the project to Councillor Davis - and they were very receptive to the proposal and felt it was an excellent idea. Pi r • Mr. Millett advised that the type of support the Association wishes from the Council is not in ' the monetary vein, but it desires the advice, information and expertise type of support. He added that the Association intends to take immediate action to incorporate, and there will be a meeting of the Association on March 24th in this regard. He suggested that the Council agree that he hold the matter of consultation with City staff in abeyance until after the said meeting of the Association. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the above named brief be referred to the appropriate City staff for their comments and suggestions and following the meeting of the Greater Glen Falls Recreation Association that is to be held on March 24th next, the Association get in touch with the Common Council to arrange a meeting to discuss the matter. • Noting that the Association wishes to lease on a year to year basis the area shown on the submitted plan at a mimimal fee from the City with a renewal option, Councillor Davis questioned the ownership of this land. Mr. Millett replied that it was originally watershed land and he understands it F_ 417 cannot be sold. He stated that it is City -owned land. • Councillor Davis noted that what the Association really wants is a $1.00 per year type of lease to permit the Association to go on the land and work at it, and have some sort of security. He asked if the Association needs that prior to making application for a grant, or afterwards. In reply, Mr. Millett stated it would be most helpful if the Association could have certain problems and hurdles cleared before proceeding. Councillor MacGowan commended the group for their initiative in proposing this wonderful project, and felt it would be gratifying if residents in other areas of the city would follow suit in involving themselves in such a project which furthers the binding of a community together and which offers recreational activities to those who are involved in developing such projects. Noting that it is a possibility that it would be necessary to expand the reservoir as a holding pond for flood control at some future date, Councillor Kipping felt that, hopefully, something will be done on flood control at an early date so that in any liaison the Association might have with the City this should be taken into consideration because it may well be possible to establish new shore lines well in advance of work being done by the Association in developing the park area. He felt that the first step is for the Association to be incorporated so that it can deal legally with the City and discuss the terms of the requested lease. He stated that from his experience in parks, this is an excellently - planned presentation. He advised the Association to use another kind of life -boat for use in the park, rather than a dory, which, as he knows from his own experience, ' is not the best type of a boat for life- saving purposes. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the grants as listed in the report from the Budget Committee, for which appropriation has been made in the 1975 budget, be approved, the payment of which shall be by in- stalment or otherwise, at the discretion of the Commissioner.of- :Finance, during 1975• Councillor A. Vincent stated that he would like a legal opinion on the items listed in the Budget Committee report on grants, described as "Grants not specified" and "Theatre Subsidy ", and added that he would • like to have these items spelled out - that is, what Theatre group is involved in the said item. He stated he would also like to have a legal opinion on whether or not the Council could pass this item; that is, if what the Council is doing is legal. Councillor Davis recalled that the item for "Theatre Subsidy" is $1,000.00 which the City each year advances to the Arts Council for its production, and the City is repaid by that group. On motion of Councillor A. Vincent 1 Seconded by Councillor Higgins Cj�'1G S RESOLVED that the above matter be laid on the table until the next meeting of Council and that a legal opinion be submitted as to whether the Council is legally able to make such grants. Question being taken, the motion to table was carried with Councillors MacGowan and Gould voting "nay ". On motion of Councillor MacGowan Seconded by Councillor Gould 6'1C pB, RESOLVED that the letter from the City Manager in reply to the letter "Pew //++ 47 submitted to Council on February 24th, 1975 by Mr. H. J. Martin, President of Superior Precast Concrete Pro- Ltd., lowest who were second bidder on the tenders for Champlain and Lakewood Heights Collector Sewer - /���flG• Factory -Built Pumping Stations - Contract "D ", and who claimed that the low tender of Ecodyne Limited is "F.O.B. Ontario ", advising that this statement is incomplete by Mr. Martin, as the Ecodyne bid reads, "Both prices are F.O.B. Oakville, Ontario, with freight allowed to nearest rail siding to site" which means that Tamer shipping charges to the nearest rail siding to site is included in the Ecodyne bid, and further advising that Q e, the only transportation that is not accounted for in the Ecodyne bid is that from the rail siding to the site, ore, which is estimated to be $500.00 (Ecodyne's bid is $34,210.00; Superior Precast's bid is $38,497.92) and ` `� Jh further stating that since the general contractor, who will install the station is required to supply a crane .�Wi7E6t/0OgG /- to unload the stations at the site, it could be more economical to require the general contractor to take • ?/GS,6'D /l delivery of the pumping stations at the rail siding - this, of course, will have to be specified in the general aj�vyvgy contract, which is presently in the tendering stage -- be received and filed, and as recommended by the City phhs Manager, this tender be awarded to the low bidder, Ecodyne Limited, for $34,210.00, (which is made up of $34,010.00 plus the sum of $200.00) F.O.B. Oakville, Ontario, with freight allowed to nearest rail siding to ee�7LL site. .FCc �r&L Councillor Green called attention to the fact that, generally, the Council has tried to stay within a ten per cent bracket and favour local contractors. Noting that the bid of Superior Precast Concrete Products Ltd. is second lowest, he asked if the City Manager had given close consideration of the fact that the said bid exceeds the ten per cent only slightly, and the fact that even though the local contractors are quite busy we should try to encourage our local contractors to keep these contract monies within our own area. Mr. Barfoot ' advised that serious consideration was given to all the bids; they were individually evaluated as to the technical characteristics of each bid and the low bid met all the requirements of the job and it was therefore recommended for acceptance. Councillor Kipping felt that a check should be made with Ecodyne to confirm that the wording, "F.O.B. Oakville, Ontario, with freight allowed to nearest rail siding to site" means what we think it means, so there will be no misunderstanding. On motion of Councillor Gould Seconded by Councillor M. Vincent 'T RESOLVED that as recommended by the City Manager, approval be granted Eeoh•�X %� for payment of the following construction progress certificates, and approved invoices for engineering services, in connection with projects that have been undertaken under the Department of Regional Economic Expansion programme:- zTze41_11V 2EW 1. McAllister Industrial Park External Services Gerald J. Ryan Company Limited .�f°1 !Y /CBS ���/�� Old Black River Road, 16 -inch watermain GZ _ • Total value of contract $ 112,560.00 Xj Q,O7 C, Total work done, Estimate Number 6 101,983.93 !! Retention Nil Payments previously approved 100,866.93 Sum recommended for payment, Progress Estimate Number 6, February 12, 1975 $ 1,117.00 41€8 �/b. Zhdu.st Arm Sewn* d�/w•i���- fiSSoC. Assoc. Fi+ed'ewi�oyr �ecoh sL�iac� v- �'oodye�r .E9a /Pent / tries ,�tcl. Siileu/a /!(/o�i�rs renter/ 11#_VpvrAs - FiVI7QrK 4eE /.xYire A0.75/'o? Act a/rMendmehz`, 2. Western Industrial Area Trunk Sewer W. H. Crandall & Associates • Engineering Services Payments previously approved $ 40,325.73 Sum recommended for payment, Invoice Number 3636, February 14, 1975 $ 338.28 3• Western Collector Sewer Lift Station, Carpenter's Place Lift Station (a) W. H. Crandall & Associates Engineering Services Payments previously approved $ 45,551.08 Sum recommended for payment, Invoice Number 3635, February 14, 1975 $ 17,002.38 (b) Fredericton Housing & Construction Co. Ltd. RESOLVED that in accordance with the recommendation of the Total value of contract amount of $2,008.80, for the rental of a trackless sidewalk plough for the month of January, 1975• $ 658,850.00 Total work done replied that it would cost approximately $11,000.00. Councillor Hodges pointed out that the City paid ' over $2,000.00 for rental of the machine for one month, as compared to the cost of purchasing. It was 116,415.79 Retention rental charge - for 124 hours. When asked if this is a Saint John company, and who is the company, Mr. 12,466.50 Payments previously approved company. Councillor MacGowan felt that the City should look into buying one of these machines instead of renting one,(as it would not take long to pay for itself, at the rental rates for one month. Mr. Barfoot 79,012.83 Sum recommended for payment, Progress Estimate Number 2, machine out this winter under good trial conditions, and the machine has proven successful, to date. February 24, 1975 $ 24,936.46 4. Bayside Drive Reconstruction and Extension, Phase III purchase this machine we would get seventy -five or eighty percent of the rental amounts applied to the Goodyear Paving Limited • and the company is ready to place one hundred per cent of the rent towards the purchase price. Total value of contract $ 312,032.00 Total work done, Estimate Number 4 167,813.38 Retention 15% 25,172.01 Payments previously approved 133,749.05 Sum recommended for payment, Estimate Number 4 $ 4,792.32 On motion of Councillor Gould • Seconded by Councillor Pye RESOLVED that as recommended by the City Manager, approval be granted for payment of the invoice dated February 4th, 1975 from D. Hatfield, Ltd'. in the total amount of $4,988.80 for rental of equipment to the Water Department for the period January 16th to 30th, 1975• On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the City Manager, approval be given for payment of the invoice from Imperial Industries Limited, in the amount of $2,008.80, for the rental of a trackless sidewalk plough for the month of January, 1975• Councillor Hodges asked what the machine would cost, if the City were to buy it. Mr. Barfoot replied that it would cost approximately $11,000.00. Councillor Hodges pointed out that the City paid ' over $2,000.00 for rental of the machine for one month, as compared to the cost of purchasing. It was noted that, in addition, the City rented this machine without cost of the operator being included in the rental charge - for 124 hours. When asked if this is a Saint John company, and who is the company, Mr. Barfoot stated it is a Saint John company and Mr. Walter Biddiscombe is one of the members of this company. Councillor MacGowan felt that the City should look into buying one of these machines instead of renting one,(as it would not take long to pay for itself, at the rental rates for one month. Mr. Barfoot replied that this is a new type of machine and is one of the machines that was recommended by the Exec- utive Director of Operations; before recommending such a machine for purchase we have been trying the machine out this winter under good trial conditions, and the machine has proven successful, to date. Councillor Green urged that this machine be used on the sidewalks on the West Side of the city, as well as in other sectors of the city. Councillor A. Vincent asked, if the thought is to purchase one of these machines, why we would not now enter into a rental agreement on a purchase basis so that if we decided to purchase this machine we would get seventy -five or eighty percent of the rental amounts applied to the purchase price. Mr. Barfoot replied that this procedure has already been investigated with the company • and the company is ready to place one hundred per cent of the rent towards the purchase price. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the reports for the month of January of the Works Department (Street Division), and the Maintenance and Supply Division, be received and filed. Councillor A. Vincent voted "nay" to the above motion. ' On motion of Councillor Higgins Seconded by Councillor Green RESOLVED that approval be granted to present to the 1975 sitting of the Legislature of the Province of New Brunswick a Bill for the purpose of amending the City of Saint John Pension Act to widen the definition of the word "child" to include stepchild or adopted child, to increase the pension of those receiving a pension as of December 31st, 1974 by $300.00, to provide that repayment of pension contributions shall bear interest at 6% from January 1st, 1975, that a group long ' term disability plan may be provided by City By -Law, and to provide that pensions be paid to the sur- viving spouse. Councillor Gould felt that if the City is paying twice into the Pension Fund in some instances (for instance, when a person comes back on and buys in the back years), when the employee's pension contributions are returned to him at the proposed interest rate and the City's contributions to the Pension Fund for that employee are not returnable to the City, the Council should look very seriously at this point. In reply to a question from Councillor Kipping as to whether the increase of $300.00 proposed on the pension of those receiving a pension as of December 31st, 1974 is an across - the -board increase, to everybody receiving a pension as at that date, Mr. Barfoot confirmed that this is so, and that the said increase in payments would be out of the Pension Fund. Councillor Kipping asked if there have been any • recent increases in the Pension Plan, to which Mr. Barfoot replied that the last increase was two years ago, when the maximum pension payable was increased by 2% per year. Councillor Kipping asked if there is any provision for future funding, for those who will be on pension in the future or is it this way for those who happen to be on pension at the present time; that is, are we making provision for those who will be going on pension. Councillor Green, who is a member of the Board of Trustees of the Pension Plan, advised that the whole pension system is under review at the present time and the Board should have • 3i' // Ai _ �ai^e /7C_Z_ • 0014owi tie G%/ /e • i97f;__ 79 C /u6 Saw,% 145 o7h8a7 CSI/ /6f,Y�6yj . diY°d 419 some decisive move regarding this matter, on which the Council will be informed. Councillor Davis added that the Board reviewed pensions that are being paid at the moment to some of the people who worked for the City and the pensions are exceptionally low and the Board made this $300.00 across - the -board increase to assist them. He stated that the Pension Fund is now up to around $12,500,000.00 and it is adequate to handle all the actuarial requirements for the moment, but there are always problems, and these modifications are designed to handle just some of them; the Board cannot have all of them ready for the present sitting of the Legislature. Councillor Kipping asked if the Pension Board initiates these proposed changes to the Pension Plan by itself or does it wait for the Unions' request, or negotiate such changes. Councillor Green pointed out that the Unions are represented on the Pension Board. It was confirmed to Councillor Kipping that these proposed changes to the Pension Act are initiated by the Pension Board. In reply to Councillor A. Vincent's question as to how the figure of $300.00 above discussed was arrived at and if it was discussed with the City's actuaries, Mr. Park stated that the figure of $300.00 per annum came as a result of discussion among the Pension Plan Board Trustees; an actuarial evaluation has been done as of the end of 1974 and this is one of a number of changes which the Pension Board asked to have evaluated by the actuaries and as a result of the actuary's costing of this particular item it is being put forward as one of the changes for implementation, hopefully, in 1975 subject to the Legislature approving the change - because of the pressing need. He stated that other Pension Plan changes that might appear to be desirable as a result of the actuarial review that has been done as of the end of 1974 will be studied more closely during 1975 so that there may be a number of other changes arising out of the recent evaluation that will be coming up during the year, which would go to the Legislature in the spring of 1976. He stated that the $300.00 a year increase to existing pensioners was one of several items that the actuary did report on as being favourable. Councillor Gould stated it does not appear that the $300.00 increase is a very big raise to people on a fixed pension, and he asked if that was just an arbitrary figure that the Board chose, or if it could have been $400.00. Councillor Gould stated he feels that $300.00 is not a good enough increase. Councillor M. Vincent . asked if the actuary recommended $300.00 because the Pension Fund is so high. Mr. Park explained that the Pension Board asked the actuary to place a cost figure on this particular increase and as a result of the cost he attributed to it, the Pension Board is recommending this as one of the changes to be sought for of the Legislature�in 1975• Councillor M. Vincent felt that the figure of $300.00 might be high enough of an increase for those who have a lot of money, but in view of the fact that we have in this city a lot of pensioned people who spent years of service and this $300.00 increase is not worth much with today's escalating costs. He felt that the Council might examine the amount of $300.00 and see how valid an increase it is, rather than just accepting it as a still - unexplained sum of $300.00, in his opinion - he does not know where that amount came from, other than as explained by Mr. Park. He asked why the sum of $300.00 was chosen, and if that is the escalation that has taken place within the last ten or twelve months, or six months. In reply, Mr. Park stated that the Trustees of the Board discussed a number of alternatives based upon which an increase might be given to existing pensioners, and recalled that two years ago there was a change put in the Pension Plan on the basis of which an increase of 2% for each year a pensioner had been on pension was added to his pension that was existing at that time; the Pension Board recently discussed what change should be made now; it is not possible to say that this $300.00 per annum has been arrived at on any positive basis - there was a particular feeling that those on extremely small pensions (which could be for a number of reasons, either for low salary scale or for short term of service while in the employ^ of the City) should be given perhaps proportionately more than those on.,higherupennionsh- and this was the Board's reason for putting this forward as a flat sum rather than a percentage related to the actual pension presently being paid; it is perhaps reasonable to say that this $300.00 was somewhat arbitrarily arrived at, and it could equally well be more - and actually, the cost will be more if it is raised, but some figure had to be chosen and after a considerable amount of discussion the Trustees felt this figure was reasonable in the circumstances. Question being taken, the motion was carried with Councillors Hodges and Gould voting "nay" 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 begs leave to report that it sat on February 24th, 1975 when there were present Mayor Flew-welling and Councillors Cave, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, namely:- 1. That in accordance with the recommendation contained in the report dated December 13th, 1974 from the City Manager with regard to the application made by the Rotary Club for a grant from the City towards the project for expansion of the Boys' and Girls' Club facilities on Prince Edward Street, the Common Council - 0after informing the people of the South End that the City staff recommend that the Council designate the said Boys' and Girls' Club as the facilities to serve the children of the South End and that this is not to suggest that additional complementary facilities and programmes such as Neighbourhood Parks will not be provided in the South End - approve a grant of $150,000.00 to the Rotary Boys' and Girls' Club, payable in annual instalments of $30,000.00 from 1975 to 1979 inclusive, subject to the following conditions, namely:- (1) that a member of the Recreation and Parks Department be invited to sit on the Board of the Boys' and Girls' Club, to provide liaison between the City and the Club; (2) that the City and the Club work out the geographical area to be .served by the Club; (3) that the Club make provision for the proper accommodation of senior citizens, with consideration of separate access for them; (4) that provision be made for handicapped children; (5) that efforts be made to gain a fair rental for facilities used by the School Board. Respectful) sybmitted, 3rd March, 1975, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Higgins Seconded by Councillor Pye RESOLVED that the above report be received and filed and the recommendation contained therein adopted. With regard to the provision in the above recommendation that the said grant be approved after the, people of the South End are informed of the City staff recommendation that the Council designate the said Boys' and Girls' Club as the facilities to serve the children of the South End and that this is not to suggest that additional complementary facilities and programmes such as Neighbourhood Parks will not be provided in the South End, Mr. Barfoot was asked if the said South End people have been so informed, as a body. Mr. Barfoot replied that there has been some liaison with the representatives of the South End on this matter and he understands that they are quite satisfied with this approach, at the moment. 421 /�a/7K LOAI/h /i l%aa�oar City .so /c /t»� s'hoiv ��• <q'otWi-16;a! Geo.y1/a1wiwod /�etarhr's�y ova // or �•�xt° .Cared ex-4-0 6?"ehda /e s'u6 -div r�rd �ryF� �sCriis- �e -.iaMi h9 9 /p%�a T�ive 11%i// �evi /fie �5ta�es- S�-,aj/ r'�e- zahr�iy � Soris ltd. 7� /aha. fi�dvis. �O/17IYl. amendinant aMe zf%vis/ On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the Land Committee, the freehold interest in the property located at 74 St. John Street, Saint John West, be sold to Mrs. Bernadette Vautour of 74 St. John Street, Saint John West, for the appraised value of $2,800.00. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from the City Solicitor regarding conveyance of land (formerly Snow Street in the North End), be placed on the agenda of this meeting. On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that the letter from the City Solicitor advising that Common Council resolution of February 18th, 1974 provides that upon closure of the 1,725 square feet, more or less, of Snow Street (which has now been closed) this parcel of land be sold to Geo. H. Hamilton & Son, Ltd. for the appraised value of $1,100.00 and that a covenant be contained in the deed that a retaining wall or fence be erected by this company to prevent debris from falling onto Simpsons -Sears property, and that this covenant constitutes a restrictive covenant which would have the effect of not giving clear title to the said company, and further advising that this matter was brought before the Land Committee on March 3rd, 1975 and the said Committee approved a conveyance of the portion of Snow Street without requiring a covenant to erect a fence, and that it is therefore recommended that the Common Council rescind the said February 18th, 1974 resolution and that the Common Council authorize the con- veyance of the said portion of Snow Street, deleting the covenant to erect a retaining wall or fence be received and filed and the recommendations adopted. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from the Land Committee with regard to a proposed exchange of land in the Greendale Sub - division between the City and Saint John Loan Company Limited, be placed on the agenda of this meeting. On motion of Councillor.M. Vincent Seconded by Councillor Higgins RESOLVED that the letter from the Land Committee, advising that through the years Lot 16, Block F, in the Greendale Sub - division, has been used by the City as an access for dumping fill onto the Park area and that the Recreation and Parks Department advise that with the acquisition of the said Lot 16 combined with the abutting walkway off Greendale Crescent this site would allow a better entrance to the Park, and recommending that the City of Saint John convey the City -owned lot which fronts on Mollins Drive and which is shown coloured red on the submitted plan, to Saint John Loan Company Limited in exchange for the said Lot 16, shown coloured blue on the said plan, which lot is owned by the said company. On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that the letter from the Planning Advisory Committee, recommending that the area so indicated on the submitted re- zoning sketch be re -zoned for Alpha Investm- ents and Agencies Ltd., being a portion of land consisting of approximately three acres on the north side of University Avenue, in the Millidgeville Estates, adjacent to a recently constructed twenty -four unit apartment building (and being a portion of the large parcel of land which was under a development pro- posal by Omega Investments in 1972) - from "R -lA" One Family Dwelling to "RM -1" Multiple Dwelling clas- sification, conditional to a resolution of Council under Section 39 of the Community Planning Act to tie the proposed development to the layout of the buildings, parking areas, et cetera shown on the print attached to the re- zoning sketch and requiring the preservation of the trees within the front 20 feet from the property line on the University Avenue frontage -- be received and filed and the recommendations adopted, and authority be given to proceed to advertise the said proposed re- zoning. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the letter from the Planning Advisory Committee with regard to the application from A. C. Fairweather & Sons Ltd. for the re- zoning from "RF" Rural to "I -1" Light Industrial classification of an 18 -acre parcel of land on the northern side of Ashburn Road (marking the third time on.which this company has requested the re- zoning of the whole of its property), advising that in 1972 and 1974 a specific proposal formed a part of the company's request for a blanket re- zoning and the Committee's policy was to examine these individual proposals and to recommend accordingly rather 'than to recommend re- zoning of the whole property, and, as a result, the re- zoning of only two lots has been recommended by the Committee in the past and the Common Council has rezoned accordingly; and advising that in regard to the present application, the Committee felt that for the time being this policy of incremental re- zoning in the area on the basis of specific proposals should be continued at least until Drury Cove Estates Ltd., neighbouring property owners who have raised specific objections with respect to the re- zoning of certain parts of the A. C. Fairweather property, and A. C. Fairweather & Sons Co. Ltd. have had sufficient time to meet and discuss re- zoning of the balance of the area, and further advising that the Committee will report to Common Council on this matter once it, along with the parties involved, has had time to properly study the issues; and further advising that because A. C. Fairweather & Sons are negotiating a proposed development of one lot at this time, the Planning Advisory Committee recommends that, in the meantime, the area shown on the submitted print (the lot in question) be rezoned from "RF" Rural to "I -1" Light Industrial classification for the construction of an office and warehouse, pursuant to a resolution of Common Council under Section 39 of the Community Planning Act that the development will be in accordance with plans to be approved by the Municipal Planning Director and filed with the Common Clerk - -- be received and filed and the recommendations adopted, and authority be granted to proceed to advertise the proper re- zoning. On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that the letter from the Planning Advisory Committee, ing that the Sub - division By -Law of the City requires that, in every new sub - division, electric and telephone lines shall be placed underground unless, in the opinion of the City, the installation 0 is • F_ • :7a64 -oel C�6 /e fie, M /s.'oyi l u rice es /e are 10 i /V tAeP y ' f/ouSi r1� SST, fls�- R/..9 44s d 6arr�e • 'i nn�e -,�v& 6Q, lc /O Z-Aw. 42:1 of power lines underground is not feasible, and, in such cases, such lines are to be installed overhead at the rear of the lot to be served, and further advising that the Committee had obtained the impression that the New Brunswick Telephone Company Limited's cable conduit made provision for cable tele- vision lines, but it now has been brought to the Committee's attention that this is not the case and the Committee therefore recommends that Section 26 of the said By -Law be amended, as follows:- (1) the heading of Section 26 be altered to read "Power, ' Telephone and Cable Television Lines "; (2) a new sub - section (5) be added to Section 26 to read "(5) The provisions of this section shall apply, mutatis mutandis, to cable television lines. "; (3) the heading "General Provisions" be inserted before Section 27 -- and further advising that the reason for the recommended amendment is to require cable television lines to be subject to the same provisions as power and telephone lines -- and stating that a copy of this letter is being sent to the City Solicitor for review and for incorporation along with previously recommended amendments to the Subdivision By -Law for the necessary by -law to be presented to Common Council -- be received and filed and the matter be referred to the City Solicitor for inclusion of the said amendment in the said By -Law. Councillor M. Vincent asked from whom was the impression received, and who got the impression, that the Telephone Company's cable conduit made provision for cable television lines. Mr. Zides stated that he believes that when we first thought about cablevision we also felt that the cables within the conduits as used by the New Brunswick Telephone Company, Limited were adequate to take the cablevision, but that is not so, and it has been drawn to the Committee's attention by a number'of individuals in the city and even before we saw the cablevision that this would not be so, and we have been watching for it. He stated that we have been talking the matter over with some of the Telehpone Company people and others, and he thinks it really stems from the fact that the other utilities for telephone and power lines in the city have to go underground in new sub - divisions and it just seemed logical that the cablevision people should do the same thing. He stated that at first, we had a talk with the Telephone Company to see if the cablevision could be accommodated within the Telephone Company's conduits but that Company said that is not so and you really have to deal with them as a separate entity in a new sub - division. Councillor M.Vincent asked what is the status of existing sub - divisions that have underground wiring and have now been deemed not viable enough to carry cablevision. He asked if the above letter from the Planning Advisory Committee deals with the existing sub - divisions or is the recommendation to apply strictly to new sub - divisions. Mr. Zides replied that he doubts very much, subject to the City Solicitor's opinion, that we can make this requirement work retroactively because in the Subdivision By -Law everything depends on agreement at a future point of time after the enactment of the by -law. Councillor M. Vincent noted that there are a number of areas where there are underground wires and a number of very dis- satisfied homeowners who had the impression that when cablevision became a reality underground wiring was already provided in the sub - division; now, we have the situation where, after the proposed by -law amendment has been passed by Council, it will be mandatory that cablevision wiring be provided underground and yet somebody who completed a sub - division prior to the enactment of such amendment is not going to have to do it. Mr. Zides pointed out that this is probably in the hands of City staff in the sense that you cannot string wires in the City right -of -way without getting City permission - if civic hydro is not there already - or put up new hydro poles and string other kind of cable - and the same thing to some extent will exist if those putting in the cable have to go back a lot because they are going to have to get easements from the property owners to do it. Councillor M. Vincent noted that what Mr. Zides is saying is that where there is underground wiring now and provisions for cablevision do not exist the people there are never going to have cablevision, or that it will be a problem to get it in. Mr. Zides replied that it will be a problem to get it in. Councillor A. Vincent pointed out that people who are buying homes in Forest Hills were under the impression that the cablevision is there and that when the underground cable was installed the cablevision was supposed to be there, as well. He stated he feels this is a serious matter. Mr. Zides advised that there are several ways of bringing the cablevision in and it is a question of whether they can string a cable within the right -of -way that the New Brunswick Telephone Company, Limited has as is, but he understands it means a separate cable. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the letter from The Saint John District Labour Council advising that the Wesleyan Church parking lot on Carleton Street has no fence around it and asking that the Common Council have this situation corrected as quickly as possible, this being in violation of the City by- laws, be received and filed and the said District Labour Council notified that the matter has been taken care of. On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that the letter from The Saint John District Labour Council advising that the said Council has gone on record in support of a city lottery and feels that a lottery could raise funds for civic buildings and recreational facilities that the city is now lacking, and stating that it is hoped that the members of Common Council will support this cause, be received and filed and the said Dis- trict Labour Council thanked for its interest. On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that the letter from The Saint John District Labour Council stating that this organization has gone on record in support of more public housing starts on land owned by the City of Saint John and that the said District Labour Council feels that every effort should be made on the part of the Common Council members to see that land owned by the City is put to good use for the benefit of the citizens of Saint John, be received and filed and the said District Labour Council thanked for its interest: AND FURTHER that a copy of the said letter be sent to the Saint John dousing Commission. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. W. B. Nase of 86 Park Lawn Court outlining problems that have been experienced by him during the last twelve months in building a home in the City of Saint John and stating that he does not believe his is an isolated case but is the normal situation, and also stating that he feels that the mechanics that now are required to complete a new home in this city must be questioned and that we must encourage people to build homes here, and not block them - be referred to City staff for an itemized and detailed report for the next meeting of Council. On motion of Councillor M. Vincent Seconded by Councillor Parfitt RESOLVED that the applications submitted by Caldo Ltd. for the re- zoning of Lot 14 -1 on Hawthorne Avenue Extension and of Lot 74 -3 in the Caldo Sub - division on Jack Street to permit the building on each lot of a 24 -unit, three - storey apartment building be referred to the Planning Advisory Committee for a recommendation, and that in accordance with the request made by Caldo Ltd., authority be given to proceed with the advertising for the proposed re- zoning at this time. 4z2 On motion of Councillor M. Vincent On motion of Councillor A. Vincent Seconded by Councillor Hodges • �pyJ/ hA 40-4 RESOLVED that the Committee of the Whole items on the agenda of Cyy�� this meeting involving requests for meetings with the Common Council submitted by the Saint John Housing IOIW/,00,"'I heel Commission and the local United Farm Workers Support Committee, be dealt with in open session of this CT�VB//� e01#1411 meeting. 7 On motion of Councillor A. Vincent Seconded by Councillor M. Vincent /�h /fs RESOLVED that the letter from the Saint John Housing Com- //�� s ✓, /7'89 r-mym. mission requesting a meeting with the Common Council to discuss assuming the management and control of ,e7 TO/ h 1 the City -owned Cedar Point Mobile Home Park, be received and filed and the Common Council meet with the ' /� !i said Commission at 6.00 p.m. on March 17th next. NA41�11e' On motion of Councillor Higgins ggins �1 Seconded by Councillor A. Vincent RESOLVED that with regard to the request made by the local ' 'J �+ LfC O / United Farm Workers Support Committee for a meeting with the Common Council to discuss the boycotting of 6h1�°r/ L/ . California -grown grapes and lettuce, the Common Clerk arrange a meeting at the mutual convenience of Mr. ry Col6/!C/ //!� awley Garrels of the said Support Committee, and of the Common Council, ' 9!^o`1/h location at the lobby entrance to the building at the times of Common Council public meetings. Question being taken, the motion was carried with Councillors Parfitt and Kipping voting "nay ". !/h / %l Farm Councillor Kipping felt that the meeting should not take place and that this matter involves a dispute GliO/'ICeYS etween two Unions and that the Council should not become involved. Councillor A. Vincent commented that eScGsOpn s there is no dispute at all. On motion of Councillor M. Vincent Seconded by Councillor Higgins /d RESOLVED that Councillor T. J. Higgins, Chairman of the Pollution Control Committee and the said Committee have a meeting with the City Solicitor to discuss the course of action they are going to take in presenting their case to the parties deemed liable in the matter of the • C /!oY C/ cleaning up of Dominion Park Beach and adjacent area, and that the result of the said meeting be reported back to the Common Council for the information of Council. 01,ftecAw', A letter from the City Solicitor, dated February 26th, 1975, was discussed at this time, in which he advises that he has been contacted by Dr. J. B. Bewick who has received a letter from Dr. Tooly, Director of Ambulance Services in which Dr. Tooly raised the question with Dr. Bewick whether the City's a5'erl�ices �:, Seconded by Councillor Gould RESOLVED that the reading in its entirety of the by -law entitled, • �pyJ/ hA 40-4 "A By -Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" (regarding ex- �Gm.� O cavation of land) take place in Committee of the Whole this date, prior to enactment of the said by -law. /��� 47h�'-/ STS The Council members noted that the letter dated February 28th, 1975 from Mrs. Elsie Wayne, CT�VB//� e01#1411 Chairman of the Glen Falls Flood Committee, copies of which were supplied to the Council members at this 7 meeting, is intended as supportive, background information in regard to the letter from the same Committee which extends an invitation to the Council members to attend the open meeting to be held in the Glen /�h /fs 'Falls School on March 6th at 8.00 p.m. when the matter of the flood which occurred in the area on Decem- ber 9th, 10th and 11th, 1974 will be discussed. Councillor A. Vincent stated he feels that the landlord of the City Hall building should be instructed that the Council Chamber on Council meeting days and evenings is open to the general public �1 and, consequently, the general public and Council members attending those meetings should not be required to register in the security record that is kept at the Commissionaire's desk at the lobby level, on ' e9� ✓s��^a�iah 0 entering the building for the meetings. He added that his comment does not refer to persons being 6h1�°r/ L/ . required to register who are proceeding to other parts of the City Hall building on entering the building. The Mayor advised.that the City Manager will have the Commissionaire's desk moved to a more pertinent ry Col6/!C/ //!� location at the lobby entrance to the building at the times of Common Council public meetings. 4c 14ee.4-/ri9S - �! /u 11%qe!„ On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that this meeting continue, in legal session. L E G A L Consideration was given to the letter, dated February 27th, 1975, from the City Solicitor, O /C /�d written in reply to correspondence he received several months ago from Councillor T. J. Higgins, Chairman of the Pollution Control Committee with respect to the cleaning up of Dominion Park Beach and adjacent a,�j area, regarding the problem as seen by Councillor Higgins resulting from the deposit of logs and wood • � chips upon the beach and in the water, and in reply to the various questions posed in the letter from (• Councillor Higgins to the City Solicitor, namely: - Who owns the logs underwater? (deadheads)? Who owns �omi/�iah logs washed ashore? Who is responsible for cleanup? Who owns beach area? Who owns bottom area under- water? Are there different jurisdictions re high water mark and low water mark? The letter from the �'veF Po / /utio City Solicitor gives an opinion in answer to these questions. ClP.h Councillor Higgins stated that he would like to know how the above noted opinion given by the City Solicitor in the said letter may be used, and where should he start in using it. Mr. Rodgers explained that the opinion was not directed to Councillor Higgins, Chairman of the Pollution Control Committee because of the type of question we are discussing, that is, if the matter is pursued and the City wishes to take the legal rights which in the City Solicitor's opinion are open to the City it could ' involve a law suit and on that basis at this time it is a matter that he feels is between the City Solicitor and the Council - so, on that basis he believes the Council should give permission to the Chairman of the Pollution Control Committee to take the City Solicitor's letter and use it in his discretion as he sees fit in his discussions - at the same time realizing that there is information in it - which the City Solicitor does not believe should be given directly to the other side but, at the same time, the Chairman of the Committee needs to have some knowledge as to what to discuss with the other side. Councillor Higgins stated that he would like to call a meeting of the Pollution Control Committee and have the City Solicitor meet with the Committee and have the Committee discuss the matter and give L in -put and suggestions, and then use guidance as far as going to the Department of the Environment, or , 5/Jei' /e9gF bringing in Mr. Lawson and his solicitors, and sit down and talk the matter over the way it should be �G/ Ylll�hhlel talked over, ) On motion of Councillor M. Vincent Seconded by Councillor Higgins /d RESOLVED that Councillor T. J. Higgins, Chairman of the Pollution Control Committee and the said Committee have a meeting with the City Solicitor to discuss the course of action they are going to take in presenting their case to the parties deemed liable in the matter of the • C /!oY C/ cleaning up of Dominion Park Beach and adjacent area, and that the result of the said meeting be reported back to the Common Council for the information of Council. 01,ftecAw', A letter from the City Solicitor, dated February 26th, 1975, was discussed at this time, in which he advises that he has been contacted by Dr. J. B. Bewick who has received a letter from Dr. Tooly, Director of Ambulance Services in which Dr. Tooly raised the question with Dr. Bewick whether the City's a5'erl�ices �:, 423 !�p j Councillor A. Vincent explained that the above noted lots are approximately 66 in number, adjoining _ Champlain Heights, and are easy to serve, and would be surplus to the land that the City would be conveying to the Irving interests and would be using for streets. Legal Department has commented on the proposed mobile coronary unit for the Fire Department, which the City Solicitor understands is a service to be operated directly by the City and staffed by paramedics, who will be • firemen and given training in the coronary therapy, and that in the operation of the remote unit the paramedics will be taking instruction directly from the medical staff at the various hospitals. The letter notes that in e�O��C! �O the Province of New Brunswick at this time, there is no legislation protecting people operating such a service as proposed; consequently, the act of a so- called paramedic will be considered in law.as an act of an ordinary � citizen and any action which might adversely affect the health of a patient could weigh heavily against the /-1O"e individual performing the service and thus against the City; if the City decides that the common good of this endeavour outweights the risk to be taken before legislation is enacted by the Province, the City Solicitor eve suggests that the following two points be considered and acted upon before becoming officially involved:- (1) that the City obtain in writing the full backing and support of the New Brunswick Medical Society, and (2) that the City's Insurance Company be contacted and the matter discussed from the point of view of what coverage is available to protect the individual City employee as well as the City, should an action of negligence arise. Mr. Rodgers explained that he is reporting to Council in the above noted matter, and that he has not responded directly back to Dr. Bewick because his letter contains matters which he did not believe should be responded to Dr. Bewick. Mr. Rodgers noted that he is reporting to Council on the situation as he sees it, as to what the City is proposing. He noted that there is risk in the proposed endeavour. In reply to Councillor MacGowan's question as to whether the City has taken steps to try to have legislation enacted towards having a mobile coronary unit for the Fire Department, Mr. Rodgers stated that he is not aware of any such action. Councillor MacGowan suggested that the Council should first be trying to have such legislation enacted, keeping in mind that it takes a considerable period of time to get legislation passed. Councillor Higgins suggested that until the report resulting from the visit to Calgary by Councillor Gould and the Fire Chief comes in, setting down exactly what they want in a paramedic type of unit and all details related to same, the Council not start asking the insurance company or proposing a change in legislation to cover that service. On the question of how the City of Calgary operates the paramedic unit as far as liability insurance coverage is concerned, Fire Chief Clark stated that the City of Calgary in 1971 faced the same situation that the City of Saint John is facing at the present time and that city still has not obtained the legislation; the City of Calgary weighed the value of this service against the risks and ignored the risks and have provided the service which was implemented as of February, 1971. He stated he has already submitted his report to the City Manager with regard to his opinion of the City of Calgary paramedic,programme. He felt that the citizens of • that city are satisfied with the service that has been provided there. He noted that Dr. Bewick is spear- heading the Saint John Fire Department's proposed paramedic programme and Dr. Bewick is prepared to take whatever burden of responsibility is necessary so as to provide this needed service for Saint John citizens. Mr. Rodgers advised that he is recommending that, assuming the Common Council accepts the recommendation made by the City Manager and the Fire Chief in this matter that the Council undertake this as policy without legislation (in other words, the common good outweighs the risk) and the Council takes that route immediately, before the Council does take that route it should have the two points raised in his letter answered to the Council's satisfaction, which can be done within days. He stated he thinks that the full backing of the Medical Society is important, and he pointed out that they have that in Calgary, now. Mr. Clark pointed out that they did not have it, at first. Mr. Clark pointed out that the proposed paramedic programme has been worked at for some time by the City staff, and that the City's fire fighters commenced at 9.00 a:m. this morning at the Saint John General ' Hospital on a very extensive training programme in this regard; also, the Saint John Board of Trade will be turning over to the City as of March 13th the funds that have been raised to purchase the equipment for this programme. Mr. Rodgers asked if Mr. Clark sees any problems with the Medical Society not backing this service. Mr. Clark replied that it is his feeling that, ,judging by the reaction of the Canadian Medical Society, the local Medical Society will not give an immediate answer as to whether or not it backs the service in question; he added that Dr. Bewick seems to think he may have a problem with the Medical Society in the matter. Mr. Rodgers asked if the firefighters who will be involved in this proposed programme know that it could happen that a medical doctor might not support his decisions. Mr. Clark replied in the affirmative, stating they are well aware of that. Mr. Rodgers stated that if the Council is looking for support from the Medical Society, what the Council wants is something on record that you have got it. On motion of Councillor A. Vincent Seconded by Councillor Higgins RESOLVED that the Common Council unanimously endorse the paramedic programme as outlined by the Chief of the Fire Department, with the full intent that the Mayor and the Fire "M a C hief will meet with the Saint John Medical Society and then with the New Brunswick Medical Society for the WMv)- purpose of obtaining their support for the said programme. T %t-/y, On motion of Councillor Higgins e)_ ,, Seconded by Councillor M. Vincent °7�0c/ e RESOLVED that the following resolution be adopted, namely: - ' "WHEREAS the Common Council of the City of Saint John has unanimously supported the paramedic pro- gramme as outlined by Fire Chief Clark, the City obtain in writing the full backing and support of the New Brunswick Medical Society; and furthermore, that the City's insurance company be contacted and the matter discussed from the point of view of what coverage is available to protect the individual City employee as well aS�G®S7�.Ce as the City, should an action of negligence arise. ". G�pl,/JyG9 At this time, the Council acceded to the request of the City Solicitor that he be permitted to re= lease his above discussed report to Dr. Bewick. On motion of Councillor MacGowan - Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Housing Commission regarding land adjoining McAllister Drive be included on the agenda of this meeting. On motion of Councillor MacGowan Seconded by Councillor M. Vincent T RESOLVED that the letter from the Saint John Housing Commmission advising that at the meeting of the Commission held on March 3rd last, it was resolved that the City of Saint - li�L��,S%C ?AU'S�/l�� John be requested to retain the lots that the City recently acquired from Andave Ltd.,- adjoining McAllister Drive, for disposition by the Commission, be received and filed and the said request acceded to. !�p j Councillor A. Vincent explained that the above noted lots are approximately 66 in number, adjoining _ Champlain Heights, and are easy to serve, and would be surplus to the land that the City would be conveying to the Irving interests and would be using for streets. 424 On motion of Councillor Vincent Seconded by Councillor Kipping RESOLVED that the above noted information be turned over to the City Manager and that the proper press release be made in this regard. , /e s7 Councillor Higgins withdrew from the meeting. Councillor A. Vincent advised that Central Mortgage and Housing Corporation is going to call again for tenders for private development and is talking about rents of up to $350.00 on a $30,000.00 C'N. h/ house unit. He stated that it will not cost the City anything to get 200 housing units if it says to Central Mortgage and Housing Corporation and New Brunswick Housing Corporation that it wants a certain number of public housing units - they will call tenders after having plans drawn, and they pick up the 50 -50 subsidy of the rents, and so on. He stated he would recommend that representatives of the Saint John Housing Commission meet immediately with The Honourable Rodman E. Logan who is the Minister of housing as well as the Minister of Labour for the Province, and ask the Minister to instruct Mr. Kenneth Scott, Chairman of the New Brunswick Housing Corporation, that we want 200 low -cost housing units at no cost to the City. On motion of Councillor A. Vincent • Seconded by Councillor M. Vincent RESOLVED that the Saint John Housing Commission be authorized // to advise the New Brunswick Minister of Housing that the City wants to obtain 200 low -cost housing units �7� /S✓!/ //��mm' at no cost to the City and to ask the said Minister to so instruct the New Brunswick Housing Corporation ?S9 c, O1'IR in this regard. Ott$ %hGj rK/7��5 Councillor A. Vincent stated that the Saint John Housing Commission does not have a specific JJ site in mind in the above matter, but it would like to see this housing built on City -owned land if ' possible so that the City will receive a monetary return, if necessary - on the Thornbrough Street site, if necessary. Councillor Davis recalled that the City has been talking over the past few years about changing J 1 L its Act so that it does not become involved in servicing lots. He felt that the Council should consider / h cost of this matter, as soon as possible. semicin9 /Ots Councillor Green at this time introduced the subject of legal expenses of Councillor Pye which had been laid on the table at the legal session of Common Council held on February 24th last. He noted ' that the City Solicitor has advised that the Council at its discretion may pay this bill. Councillor Pye withdrew from the meeting at this time. ft wrld `! On motion of Councillor Green vs. Cott v, Seconded by Councillor A. Vincent .t QQd� CO$L5 RESOLVED that the City pay the legal expenses of $966.00 ✓✓ 1 / l which were incurred by Councillor Pye in the legal action taken against him by Mr. Harold McNamara. C1�:�7i %DYJ i O��J Councillor Kipping stated he feels that the Council has to have some regard for the kind of • precedent it sets and, also, some regard for public monies used in a given way, and that he does not see any real similarity between giving grants to public organizations which are usually voluntary and charitable groups, and giving money to a fellow Councillor to alleviate a debt which he contracted. He stated he personally will have to vote against using public funds to do it, and that he would rather make a personal contribution towards a fund privately to help a fellow Councillor in this regard. Councillor A. Vincent stated that Councillor Davis, Chairman of the Land Committee, asked him met today with Mr. K. to determine the feeling of Council in the following matter: the Committee is dealing with Courtenay Fraser of Central Mortgage and Housing Corporation and obtained figures which /� Iron & Brass Foundry Co. Ltd. whose plant is located off Rothesay Avenue, adjoining the City garage; the • C.C�C/'Lloije� company wants to sell this property for $75,000.00; the Land Committee would like to get the feeling of cost. He SS Council towards the Land Committee negotiating for the purchase of this property for $50,000.00. the Commission. .G� bh9� Councillor Davis added that the late Mr. C. J. Farrell had approached the new owners of this company and for permission to turn these figures over to somebody so that a proper press release FoK/9dry �p' offered $50,000.00 for the property on behalf of the Land Committee; the property has been appraised lwoled• twice - the Committee's appraisal shows an appraised value of $45,000.00 and the second appraisal shows $35,000.00. He stated that the company has all its loans and all its grants from the Department of Regional Economic Expansion to proceed with expansion of this foundry and the company needs $75,000.00, but there is no possibility that the Land Committee is going to pay $75,000.00 for the property; the Land Committee is not anxious to bring in a recommendation to purchase the property for $50,000.00 when the appraisal will show a lesser amount and the Council will question the matter; the Committee would ' prefer that the Council question it at this time. The Mayor advised that the Executive Director of Economic Development telephoned the Provincial Government with reference to that agreement he made, and learned that in order to give money to any company, the Province needs at least one share to entitle them to examine the books of the company; the report Mr. Baird got back was that this company has already sold out business three to five years into the future that it hopes to get or perhaps has under contract, and is using that as collateral. Councillor Davis stated that the Land Committee knows that this company does not have enough capital of its own to put into this expansion, and therefore it is a pretty marginal undertaking. Councillor A. Vincent pointed out that the Department of Regional Economic Expansion has valued this property at $75,000.00 and that Department suggested to the Land Committee - , which the Committee could not go along with - that the City give the company a piece of land on the outskirts of the city and that Department would put a value on that land and inflate it; the Land Committee would not have any part in this suggestion made by the said Department. He stated that the Land Committee feels that because this company is remaining in the city that it could give the company the extra $3,000.00 above the City appraiser's figure of $47,000.00 for relocation, or something. He noted that a group of young local businessmen have taken this company over and are endmvouring to effect this expansion project of the company. He stated that the Land Committee is to meet on March 5th and has promised to give these gentlemen word in regard to this matter. He added that they are going to build a new foundry right away, in the industrial park. At this time, the Council members indicated by a show of hands that they,are in favour of the Land Committee offering the sum of $50,000.00 for the purchase by the City of the said property of this company, located off Rothesay Avenue. • On motion of Councillor Vincent Seconded by Councillor Kipping RESOLVED that the above noted information be turned over to the City Manager and that the proper press release be made in this regard. , /e s7 Councillor Higgins withdrew from the meeting. Councillor A. Vincent advised that Central Mortgage and Housing Corporation is going to call again for tenders for private development and is talking about rents of up to $350.00 on a $30,000.00 C'N. h/ house unit. He stated that it will not cost the City anything to get 200 housing units if it says to Central Mortgage and Housing Corporation and New Brunswick Housing Corporation that it wants a certain number of public housing units - they will call tenders after having plans drawn, and they pick up the 50 -50 subsidy of the rents, and so on. He stated he would recommend that representatives of the Saint John Housing Commission meet immediately with The Honourable Rodman E. Logan who is the Minister of housing as well as the Minister of Labour for the Province, and ask the Minister to instruct Mr. Kenneth Scott, Chairman of the New Brunswick Housing Corporation, that we want 200 low -cost housing units at no cost to the City. On motion of Councillor A. Vincent • Seconded by Councillor M. Vincent RESOLVED that the Saint John Housing Commission be authorized // to advise the New Brunswick Minister of Housing that the City wants to obtain 200 low -cost housing units �7� /S✓!/ //��mm' at no cost to the City and to ask the said Minister to so instruct the New Brunswick Housing Corporation ?S9 c, O1'IR in this regard. Ott$ %hGj rK/7��5 Councillor A. Vincent stated that the Saint John Housing Commission does not have a specific JJ site in mind in the above matter, but it would like to see this housing built on City -owned land if ' possible so that the City will receive a monetary return, if necessary - on the Thornbrough Street site, if necessary. Councillor Davis recalled that the City has been talking over the past few years about changing J 1 L its Act so that it does not become involved in servicing lots. He felt that the Council should consider / h cost of this matter, as soon as possible. semicin9 /Ots Councillor Green at this time introduced the subject of legal expenses of Councillor Pye which had been laid on the table at the legal session of Common Council held on February 24th last. He noted ' that the City Solicitor has advised that the Council at its discretion may pay this bill. Councillor Pye withdrew from the meeting at this time. ft wrld `! On motion of Councillor Green vs. Cott v, Seconded by Councillor A. Vincent .t QQd� CO$L5 RESOLVED that the City pay the legal expenses of $966.00 ✓✓ 1 / l which were incurred by Councillor Pye in the legal action taken against him by Mr. Harold McNamara. C1�:�7i %DYJ i O��J Councillor Kipping stated he feels that the Council has to have some regard for the kind of • precedent it sets and, also, some regard for public monies used in a given way, and that he does not see any real similarity between giving grants to public organizations which are usually voluntary and charitable groups, and giving money to a fellow Councillor to alleviate a debt which he contracted. He stated he personally will have to vote against using public funds to do it, and that he would rather make a personal contribution towards a fund privately to help a fellow Councillor in this regard. Councillor A. Vincent stated that the Saint John Housing Commission met today with Mr. K. Fraser of Central Mortgage and Housing Corporation and obtained figures which show that Saint John's ,r housing figures per square foot in production of homes are the most in Canada, at the lowest cost. He l�011 $/%7 noted that the Housing Co- Ordinator, Mrs. B. Shaw, obtained these figures for the Commission. He asked for permission to turn these figures over to somebody so that a proper press release could be made on behalf of the City in this regard. On motion of Councillor Vincent Seconded by Councillor Kipping RESOLVED that the above noted information be turned over to the City Manager and that the proper press release be made in this regard. , /e s7 Councillor Higgins withdrew from the meeting. Councillor A. Vincent advised that Central Mortgage and Housing Corporation is going to call again for tenders for private development and is talking about rents of up to $350.00 on a $30,000.00 C'N. h/ house unit. He stated that it will not cost the City anything to get 200 housing units if it says to Central Mortgage and Housing Corporation and New Brunswick Housing Corporation that it wants a certain number of public housing units - they will call tenders after having plans drawn, and they pick up the 50 -50 subsidy of the rents, and so on. He stated he would recommend that representatives of the Saint John Housing Commission meet immediately with The Honourable Rodman E. Logan who is the Minister of housing as well as the Minister of Labour for the Province, and ask the Minister to instruct Mr. Kenneth Scott, Chairman of the New Brunswick Housing Corporation, that we want 200 low -cost housing units at no cost to the City. On motion of Councillor A. Vincent • Seconded by Councillor M. Vincent RESOLVED that the Saint John Housing Commission be authorized // to advise the New Brunswick Minister of Housing that the City wants to obtain 200 low -cost housing units �7� /S✓!/ //��mm' at no cost to the City and to ask the said Minister to so instruct the New Brunswick Housing Corporation ?S9 c, O1'IR in this regard. Ott$ %hGj rK/7��5 Councillor A. Vincent stated that the Saint John Housing Commission does not have a specific JJ site in mind in the above matter, but it would like to see this housing built on City -owned land if ' possible so that the City will receive a monetary return, if necessary - on the Thornbrough Street site, if necessary. Councillor Davis recalled that the City has been talking over the past few years about changing J 1 L its Act so that it does not become involved in servicing lots. He felt that the Council should consider / h cost of this matter, as soon as possible. semicin9 /Ots Councillor Green at this time introduced the subject of legal expenses of Councillor Pye which had been laid on the table at the legal session of Common Council held on February 24th last. He noted ' that the City Solicitor has advised that the Council at its discretion may pay this bill. Councillor Pye withdrew from the meeting at this time. ft wrld `! On motion of Councillor Green vs. Cott v, Seconded by Councillor A. Vincent .t QQd� CO$L5 RESOLVED that the City pay the legal expenses of $966.00 ✓✓ 1 / l which were incurred by Councillor Pye in the legal action taken against him by Mr. Harold McNamara. C1�:�7i %DYJ i O��J Councillor Kipping stated he feels that the Council has to have some regard for the kind of • precedent it sets and, also, some regard for public monies used in a given way, and that he does not see any real similarity between giving grants to public organizations which are usually voluntary and charitable groups, and giving money to a fellow Councillor to alleviate a debt which he contracted. He stated he personally will have to vote against using public funds to do it, and that he would rather make a personal contribution towards a fund privately to help a fellow Councillor in this regard. 425 On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that the above named correspondence from Mr. K. B. Reed, President of City Transit Limited be acknowledged and Mr. Reed be advised that the Common Council desires a meeting with the principals of the Irving interests before the Council gives a decision to meet with City Transit Limited. On motion The meeting adjourned. Common Clerk At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the tenth day of March, A. D. 1975, at 4.00 o'clock p.m. present ® E. A. Flewwelling, Esquire, Mayor Councillors Cave, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, A. Ellis, Building Inspector, P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, D. Carter, Economic Co- Ordinator, S. Armstrong, Engineer with the Works Department, J. Gabriel, Assistant Director of Parks, and R. Millett, of the Personnel Department The meeting opened with silent prayer. On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that minutes of the meeting of Common Council, held on February 24th last, be confirmed. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that minutes of the meeting of Common Council, held on March 3rd t, be confirmed. The Mayor advised that the City of Saint John is proposing that another conference be held in Saint John on April 3rd next of the Southern New Brunswick Municipalities, in order that we may again have a good relationship with these municipalities in many of the items that we are going to bring up that are related to .g both our city and the area around us. He added that it was felt that the first such conference, held in Saint •U 1 John on October 25th, 1974, was a good exercise, and he stated that we hope the coming conference will prove A&A7ic/1911 o be an even better one. Councillor MacGowan raised the point that if the Council adopts the above motion it would be taking money that was paid by Mr. McNamara - as a taxpayer, for instance - into the City's coffers in order to pay a Councillor's • debt; she asked who is going to pay Mr. McNamara's debt in this legal action. Councillor Parfitt felt that the above motion would be starting a precedent, and stated she would favour the payment by Council members in- dividually to help Councillor Pye meet this legal bill. Question being taken, the motion was lost with Councillors Green, A. Vincent, and M. Vincent voting "yea" and the Mayor and Councillors Kipping, MacGowan, Davis, Gould, Hodges and Parfitt voting "nay ". Councillor Pye re- entered the meeting. �OIljm� GLe� Following a brief meeting in Committee of the Whole, the meeting resumed in legal session. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the letter from Mr. K. B. Reed, President of City Transit Limited further to the company's letter to the Common Council on December 23rd, 1974 which outlined the company's need for operational assistance and which petitioned the Council for some financial assistance, noting that to To?fJ ✓ ✓S/ date the company has not received an acknowledgement or a response to that letter, and advising that since the position of the company worsens daily and since some resolve must be sought the Council is asked to provide the company with a response at the earliest possible date, be received and filed and no report in this regard be made to the company until the Council has a meeting with the Irving interests regarding various matters. "nay" Councillor Gould voted to the above motion, which was carried. $ ssis% On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that the above named correspondence from Mr. K. B. Reed, President of City Transit Limited be acknowledged and Mr. Reed be advised that the Common Council desires a meeting with the principals of the Irving interests before the Council gives a decision to meet with City Transit Limited. On motion The meeting adjourned. Common Clerk At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the tenth day of March, A. D. 1975, at 4.00 o'clock p.m. present ® E. A. Flewwelling, Esquire, Mayor Councillors Cave, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, A. Ellis, Building Inspector, P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, D. Carter, Economic Co- Ordinator, S. Armstrong, Engineer with the Works Department, J. Gabriel, Assistant Director of Parks, and R. Millett, of the Personnel Department The meeting opened with silent prayer. On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that minutes of the meeting of Common Council, held on February 24th last, be confirmed. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that minutes of the meeting of Common Council, held on March 3rd t, be confirmed. The Mayor advised that the City of Saint John is proposing that another conference be held in Saint John on April 3rd next of the Southern New Brunswick Municipalities, in order that we may again have a good relationship with these municipalities in many of the items that we are going to bring up that are related to .g both our city and the area around us. He added that it was felt that the first such conference, held in Saint •U 1 John on October 25th, 1974, was a good exercise, and he stated that we hope the coming conference will prove A&A7ic/1911 o be an even better one. 426 On motion of Councillor Gould On motion of Councillor Cave • /► 1 "�� (�y7� %Lo7�ccK Seconded by Councillor M. Vincent • RESOLVED that as recommended by the City Manager, approval be �Q s granted for payment of the invoice from D. Hatfield, Ltd. in the amount of $13,685.20, dated February yoIkeriev 19th, 1975, for equipment rented to the Works Department for the period February lst to 15th, 1975• A�V Rocca Construction Ltd. �/ �� /1 1 In reply to Councillor Hodges' query regarding the fact that two items of rented equipment in the above noted invoice were subject to the Provincial Sales Tax of 8 %, Mr. Barfoot stated he believes this is a Sales Tax on vehicles that the City rented without an operator, but he will check on this and report fully to Council. Councillor Hodges noted that all the equipment that the City hires has a number on each piece ' of equipment, and he asked that the City Manager provide a list for Council showing the number of hours each individual truck was hired, by using the number of each individual truck. In explaining the pro- cedure that would be required to obtain this information, Mr. Barfoot replied that a summary will be , produced for the Council of what trucks are used in a fourteen -day period as a sample so that the Council Thai ®rr can determine whether or not it wants it carried on on a weekly basis after that. �/nr�rm Councillor A. Vincent stated that although the subject has been brought to the attention of tii o /o iriy staff on previous occasions, he finds that no trucks that are being hired by the City bear the required sign to signify that it is rented by the City. Mr. Barfoot advised that last year we instituted a new ' lif%rlts..�e system using magnetic signs on the doors of the vehicles but we ran into problems with this system and we ,�Cr6eG,/�nS have not as yet got another system of signing; at the moment, we do not seem to have an effective method of signing. He advised that a report will be given, with some recommendations as to signing, to the next meeting of Council. During ensuing discussion, Mr. MacKinnon confirmed that some vehicles that are hired J •/ by the City are marked with signs to show that they are being rented by the City. He explained the problems that have been encountered in keeping the signs secured to the vehicles. On motion of Councillor Gould Councillor A. Vincent asked if our tender call should not be prepared in such a manner that if need more of the material that the successful tenderer should supply at least a certain amount of the nage we required for the same rate. Mr. Barfoot replied that we have tried different methods of . dering in the past but we found we could get the best price by a delivery of the total estimated ' ,son's requirements before the start of the season and then negotiating through the season if we happened order more of the material; he feels that this has resulted in the most economical over -all salt chase this year, but the reason we require more salt at present is because of the difficult winter s year, and we now only have 150 tons on hand after the week -end of March 8th and 9th. Councillor A. cent suggested that next year when calling for tenders for this salt that we ask for quotations on so y thousands of tons over our estimated requirement in the tender call, so that we can guarantee we 1 take a certain number of tons and in the event we require extra tonnage we will obtain them at the tation given in the tender. The Mayor replied that this is a good idea. Councillor Kipping withdrew from the meeting as he felt that the next item of business may ve a possible conflict of interest. • On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that the letter from the City Manager, advising that on Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the • /► 1 "�� (�y7� %Lo7�ccK ity Manager, authority be granted for payment of the following construction progress certificate on the following named contract for the project that is included in the Capital Budget: - �Q s yoIkeriev 1. Community Arenas ;F06tZ7 � ns �jy� Rocca Construction Ltd. �/ �� /1 1 Construction of three arenas Total value of contract $ 2,913,9+9.00 Total work done, Estimate Number 2 485,899.00 Retention 15% 72,884.85 Payments previously approved 188,551.34 Sum recommended for payment, Estimate Number 2, February 28, 1975 $ 224,462.81 On motion of Councillor Cave , Seconded by Councillor Gould Thai ®rr RESOLVED that tenders be awarded for uniform clothing for the Fire, �/nr�rm 'Police and Works Department employees in accordance with the recommendations of the City Manager and the tii o /o iriy Pur chasing Agent contained in the submitted summary of bids and tender report. On Councillor Gould lif%rlts..�e motion of Seconded by Councillor Kipping RESOLVED that the letter from the City Manager, dated March 7th, 1975, in response to the various points raised in the letter directed by Mr. W. B. Nase of 86 Park Lawn Court to the March 3rd last meeting of Common Council concerning problems experienced by him during the last twelve months in building a home in the City of Saint John, be received and filed and Mr. Nase be b /e✓ms informed of this response. • Coro On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that the letter from the City Manager, advising that of the 9,000 tons of highway salt purchased by delivery in October, 1974, as of March 5th, 1975 there were 500 tons remaining which is an inadequate amount to have in stock at this time of year considering the weather this winter, and further advising that the Executive Director of Operations recommends that a //?� // era - VpL/�i'/ further 1,000 tons be purchased from the Canadian Salt Co., Ltd., at $18.75 per ton delivered, and also advising that Domtar - Sifto, who had the 1974 contract at $17.75 per ton, are unable to deliver, and that ' GC any salt remaining can be stock -piled for the fall - and recommending that the said 1,000 tons of salt be purchased from the Canadian Salt Co., Ltd. at $18.75 per ton delivered, be received and filed and the - recommendation adopted. Councillor A. Vincent asked if our tender call should not be prepared in such a manner that if need more of the material that the successful tenderer should supply at least a certain amount of the nage we required for the same rate. Mr. Barfoot replied that we have tried different methods of . dering in the past but we found we could get the best price by a delivery of the total estimated ' ,son's requirements before the start of the season and then negotiating through the season if we happened order more of the material; he feels that this has resulted in the most economical over -all salt chase this year, but the reason we require more salt at present is because of the difficult winter s year, and we now only have 150 tons on hand after the week -end of March 8th and 9th. Councillor A. cent suggested that next year when calling for tenders for this salt that we ask for quotations on so y thousands of tons over our estimated requirement in the tender call, so that we can guarantee we 1 take a certain number of tons and in the event we require extra tonnage we will obtain them at the tation given in the tender. The Mayor replied that this is a good idea. Councillor Kipping withdrew from the meeting as he felt that the next item of business may ve a possible conflict of interest. • On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that the letter from the City Manager, advising that on 4A2 ,November 18th, 1974 the Common Council accepted a payment of $1,968.00 from Associated Investors of Canada Ltd. �L and the New Brunswick Telephone Company, Limited in lieu of land for public purposes in the sub - division of �! dYIE°AA4� land for the said companies, and that at the time the sub - division was submitted, the plan showed a separate 2- • D acre parcel which could be transferable or developed in its own right, and subsequent to that the Council was advised by the City Solicitor following a complaint from the said Telephone Company that the money could be p6�'/005Lp recovered if a new plan was submitted which indicated that the 2 -acre piece of land was a proposed addition to ✓ the adjoining Telephone Company land; and further advising that the said Telephone Company has now followed �o71?d� this route and has submitted a new plan which indicates that the 2 acres are a part of land to be consolidated 'L, with the adjoining land and planned for use as a single lot by the New Brunswick Telephone Company, Limited, Cyo /t and that the plan has now been approved by the Planning Department and the Municipal Planning Director recom- �S mends that the money previously paid be refunded to Associated Investors of Canada Ltd. and the New Brunswick 14?5soC, -4e Telephone Company, Limited in accordance with the payments made by each to the City in respect of the 2 -acre part of land shown on the submitted print -- be received and filed and as recommended by the City Manager, the said appropriate monies be refunded as recommended by the Municipal Planning Director. Councillor Green stated he does not quite agree with the above recommendation made by the City Manager, and that he is amazed that a company as large as the above named Telephone Company would, in his opinion, try to deviate a bit - as he interprets it - to try to salvage a bit on monies regarding a sub - division such as this. He stated that he would have thought that with the support we gave the said Company before, the Company would acknowledge same and go along without any addition to the building as they now submitted to Council. He stated that he cannot agree to the Company's request. Councillor Gould pointed out that the said request made by the Company for return of the money is in conformity with our present by -law. Question being taken, the motion was carried with Councillors A. Vincent, Green, Pye and Cave voting "nay". Councillor Kipping re- entered the meeting at this time. Consideration was given to the report from the City Manager regarding tenders for fire hose. Coun- cillor MacGowan called attention to the fact that the tender call for one item was for 12 joints of single jacket forestry fire hose, coupled in 50 -foot lengths, but that the bid that is recommended for acceptance is for 100 -foot lengths, and she felt that in fairness to the other bidders they should be given the opportunity • to submit prices on 100 -foot lengths of this fire hose, as well. On motion of Councillor Gould J Seconded by Councillor Hodges RESOLVED that the report from the City Manager on tenders for fire hose be received and filed and the bids listed in the summary of bids be accepted as recommended by the City Manager and the Purchasing Agent, with the exception of the item for 12 joints of single jacket forestry fire hose, coupled in 50 -foot lengths, which item is to be re- tendered based on 100 -foot lengths. On motion of Councillor Kipping Seconded by Councillor Higgins RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" insofar as it concerns �`�✓ 1. substituting a new Section 9 as follows: "9. No person may commence or continue any excavation of to —p4�7 land unless the owner of the land has applied for and there has been issued to him an excavation permit pursuant to section 196 of this by- law. "; a�esad - ��. 2. substituting a new section 196 Excavation of Land, as submitted -- be read a third time and enacted and the Corporate Common Seal affixed thereto. .c��ava�i o /ay�d The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. A letter from the City Solicitor was considered, in reply to the request made at the Common Council meeting of March 3rd last for information concerning the making of grants by the Common Council, as well as the ® legal status of the grant list generally that was submitted by the Budget Committee for 1975 grants. The City Solicitor's letter submits for information of Council, the report he made to Council on April 22nd, 1974 in which he outlined the general criteria to be established for the guidance of Council in considering the question of grants, and advises that at that time, the Council received that 1974 report and referred it to the appropriate City staff for future reference. The City Solicitor's letter at this time draws the Council's attention to the C/ �%9 1 following paragraphs in his letter to Council dated April 8th, 1974 regarding grants, "Having discussed generally the criteria to be examined by the Council, it seems apparent that Common Council must examine the particular circumstances of each application made to it for a grant. Once the Council has made a decision, in good faith, that the applicant for the grant does or does not come within the criteria established, then such decision will, in my opinion, be a valid exercise of its powers. It seems that the objects of the organization receiving aid must be directed towards the interest of the citizens generally; that is, it must be for the benefit and advantage of all the public and in which all have the right to share. In looking at the City of Saint John Grant List for 1974, it occurs to me that the grants for such items as, the Lord Beaverbrook Rink, Saint John Horticultural Association and the Saint John Regional Library are matters which the City has a financial legal obligation through Statute or agreement and thus ought to be budgeted for accordingly outside the consideration of grants." Councillor A. Vincent reiterated his concern about the proposed grants for 1975 described as "Grants not specified $40,075.00" and "Theatre Subsidy $1,000.00" and stated he does not think that the Council legally can make these, and he feels the Council needs some guidelines in this regard. Councillor Higgins explained that with regard to the item "Theatre Subsidy" the Council usually underwrites up to the sum of $1,000.00 if necessary the Saint John Arts Council in its annual production, and he noted that the first payment of $30,000.00 of the grants in that amount annually that are to be made for a period of five years to the Boy's and Girls' Club towards the new building project is included in the said $40,075.00 item of "Unspecified Grants ". Mr. Barfoot confirmed that the $40,075.00 figure is made up of the said $30,000.00, leaving $10,075.00 for the regular grants not specified; with regard to the said $30,000.00 amount, he added that two weeks ago the Council adopted a motion to support the said Boys' and Girls' Club project to the amount of $40,000.00 per annum commencing in 1975 and that $30,000.00 amount is not budgeted anywhere else except under "Grants not specified ", and that the Council will have to take this amount out of the said heading and specify it as being for the Boys' and Girls' Club. Councillor M. Vincent asked why the following items appear on the 1975 grants list, in view of the said April 8th, 1974 letter from the City Solicitor which at that time advised there were three areas where grants were classified under our grants structure, and which he believes suggested that perhaps this was not the proper place to classify such items:- Lord Beaverbrook Rink, Saint John Horticultural Association, New Brunswick Museum and Saint John Regional Library. In reply, Mr. Barfoot that stated there are a number of 428 3adyet G- 'rants these grant items which could be given separate budget numbers, under, for instance, rink operation which is part of our Recreation Department budget, and the Horticultural Association under the Parks Department; • this is an alternative way of handling it and if the Council desires to do this, it certainly could be done in next year's budget. Councillor Gould noted that in doing so, it would show a drastic increase suddenly in the budgets of those departments, which now they do not account for. With regard to Councillor M. Vincent's question, Mr. Rodgers pointed out that we have to distinguish between what the City legally has to pay as opposed to what grants in the Council's discretion the Council wants to give. Councillor M. Vincent stated that the tenor of his question was: what does the Council legally have the right to do and what does it not legally have the right to do and are we in a more advantageous position to do it under a grants structure than we are perhaps to do it under a regular budget number. In reply, Mr. Barfoot explained that by submitting the items in the Budget Committee's report for grants he believes the public is informed fully as to what grants we make for administrative services outside the City's administration. He pointed ' out that the City has nothing to do, for instance, with the administration of the Lord Beaverbrook Rink or the Saint John Horticultural Association, and if the grants for these organizations were included within a departmental budget it may well not be reported out as fully as it is reported out in the case of the Budget Committee report on grants. Read report of the Budget Committee (as follows) To the COMMON COUNCIL of the City of Saint John I The Budget Committee reports Your Committee begs leave to report that it sat several days during the month of November to discuss budgets and wishes to submit the following report and recommendations, namely:- 1. That the following grants for which appropriation has been made in the 1975 budget be approved, the payment of which shall be by instalment or otherwise, at the discretion of the Commissioner of Finance, during 1975: creation & Cultural Services Lord Beaverbrook Rink $ 36,300 Saint John Horticultural Association 44,000 New Brunswick Museum 20,000 Saint John Regional Library 72,700 New Brunswick Festival of Music 900 Atlantic Symphony Orchestra 1,000 Clock Up -keep 625 Senior Citizens Housing 11,500 Young Women's Christian Association 1,000 Catholic Youth Organization 4,000 Saint John Boys' and Girls' Club 30,000 Young Men's Christian Association 10,000 New Brunswick Historical Society 1,000 New Brunswick Youth Orchestra 1,000 , Saint John Art Club 900 Loyalist Days Incorporated 10,000 Grants not specified 40,075 Arts Council - Artist in Residence 3,000 Senior Citizens Centre 5,550 Oral History 500 Saint John Marine School of Technology 1,000 Theatre Subsidy 1,000 Victorian Order of Nurses 4,000 rganizations Canadian National Institute for the Blind 800 • Salvation Army 1,500 New Brunswick Protestant Orphans' Home 3,000 *Family Services Inc. 12,000 Social Services Council 5,000 Visiting Homemakers 4,000 Volunteer Bureau 2,000 al urants Cerebral -Palsy Foundation 1,400 , Canadian Association for the Mentally Retarded 3,500 University of New Brunswick 50,000 *(Conditional on Canada Assistance Plan grant) Respectfully submitted; 3rd March, 1975, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the above report be received and filed and the recom- ions contained therein adopted. Councillor A. Vincent took exception to the fact that the City is only granting the sum of 4,000.00 to the Visiting Homemakers because he feels this organization should receive a larger grant than hat sum. With regard to the $40,075.00 "Grants not specified ", $30,000.00 of which is to be given to the oys' and Girls' Club as the 1975 donation from the City towards the building project of that Club, ouncillor A. Vincent stated that he does not know what the balance of $10,075.00 is allocated for and he • eels the Council should know. In reply, Councillor Higgins pointed out that at the Council meeting of ebruary 24th last, the Council approved the giving of financial assistance of $500.00 for the annual • D. 429 conference of the New Brunswick Industrial Safety Council, and on February 3rd last the Council granted the sum of $480.00 towards the cost of a civic dinner for visiting Scottish curlers, both of which amounts are deductible from the said $10,075.00; the said $10,075.00 was set aside for grants requests that come in throughout the year that this Council believes are worthy, or within a certain jurisdiction, that give the City a good image; experience says that you have to have roughly $10,000.00 a year to meet these various grant requests, even though we turn very many down because they are not important enough. In further reply to Councillor A. Vincent regarding "Grants not specified ", Mr. Rodgers stated that, as he interprets it, as of March 10th there are certain amounts of money not being approved when the Council approves this Budget Committee report; if an organization comes to the City after March 10th, 1975 looking for money that request will come back to Council for approval and this Budget Committee report is not authorizing the Commissioner of Finance to pay any money to an organization out.of the item "Grants not specified ". On motion of Councillor Higgins Seconded by Councillor Green RESOLVED that the letter from the City Solicitor advising that other amendments to �i� the Subdivision By -Law which were recently recommended to Council by the Planning Advisory Committee and referred to the Legal Department, require further study by the Legal Department before he is in a position to we e'llyp/i submit the amendments to the by -law to Council, and that, in the meantime, and since thenatter of cable television lines are important, he is submitting the amendment covering this matter at this time, and adding that the said amendment has to be approved by the Minister of Municipal Affairs before becoming law and en- forcible and that the Council consequently might wish to give three readings at this meeting if it so wishes -- be received and filed: • uhal�� u U//*LOS J� rrersi. AND FURTHER that the by -law entitled, "A By -Law to Amend a By -Law to Regulate the Subdivision of Land thin The City of Saint John ", be read a first time. Councillor M. Vincent stated that he was still not satisfied with the explanation he received at the March 3rd meeting of Council as to why certain portions of our city did not have included in the development sufficient underground cable or conduit for the provision of cablevision. He recalled that Mr. Zides told him at that meeting that he was given the impression by someone or somebody that it was done, and it was not done. Councillor M. Vincent stated that he would like to be informed as to who gave the impression to the Planning Department, and how it was given, and why it was confused to the point that it is, presently - he added that he thinks this information is very important. Mr. Barfoot stated that he has been discussing the matter with Fundy Cablevision as recently as this afternoon and he understands that in some recent sub- divisions before ablevision came into being that the New Brunswick Telephone Company, Limited laid sufficient capacity in their main cable runs to carry cablevision; he does not know whether this went back far enough to cover all under- ground sub - divisions - he does not think it did, but, certainly, some have been covered; before cablevision came in there was a provision already underground for such services. He stated that it is the policy of Fundy Cablevision to go with the New Brunswick Telephone Company, Limited in all underground sub - division instal- lations now and not to plant poles anywhere in sub - divisions. Councillor M. Vincent stated that this still does not answer his question as to who gave Mr. Zides the impression that the provision for cablevision was provided for. Mr. Zides stated that the impression that he received, correctly or incorrectly, came from meetings with the Utilities Co- ordinating Committee, but they did not delve into the matter very deeply because at one point in time the cablevision people actually wanted to come in on their own some years ago when they first started discussing this service and there was some question as to whether they would go New Brunswick Telephone Company, Limited, or otherwise. Councillor M. Vincent stated that he was asking, without prejudice, if it was the said Telephone Company that gave the impression and did not fulfill the obligation. Mr. Zides stated that he does not like to have to say "yes" or "no" to that question because they were not really dealing specifically with "are you definitely providing it ?" - in other words, at some meeting this question came up very casually "is there provision in the cable for cable television ?" and the answer was at that time "yes ". Councillor Gould stated that he knows that that type of cable was supposed to be installed in the area in which he lives but the cable that was installed is not satisfactory to the cablevision company, as the cable that was laid does not meet their standards and the cables that were laid are actually of no use at all. Councillor M. Vincent stated that he has now received the clarification in the matter that he desired. Councillor A. Vincent asked that the Common Council be supplied with copies of the minutes of the Utilities Co- ordinating Committee meeting that dealt with the matter under discussion. Mr. Zides replied that the said matter might or might not show up in the said minutes because the minutes simply record decisions. Read a first time the by -law entitled, "A By -Law to Amend a By -Law to Regulate the Subdivision of Land Within The City of Saint John ". On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law to Regulate the Subdivision of Land Within The City of Saint John" be read a second time. Read a second time the by -law entitled "A By -Law to Amend a By -Law to Regulate the Subdivision of Within The City of Saint John ". Councillor MacGowan proposed a motion, that was not seconded, that an emergency be declared to exist and that the above named by -law be given three readings at this meeting. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the Nominating Committee the following appointments be made:- int John Port Development Commission: *Mr. Joseph V. Streeter ) (Saint John Board of Trade nominees) *Mr. Thomas L. McGloan, Jr. ) *Councillor F. Hodges (Saint John District Labour Council nominee) ji,y�yC/Byx" Mr. K. V. Cox (for one year) ) Mr. G. Christopher Collier (for two years) (Council nominees) Councillor H. G. Green (for one year 7'7jL,�ra,,90 _ Mr. J. D. Lampert (for two years) ) 430 GO O19 7',Yhn. f�driis.Go� Crete _� /r /4s //. zon ii n 6 CO,.7 ah �oroc�c�ccr� (/I%z�i ayi /o�t> to the Saint John Commerce & Industry Commission: *Mr. William B. Gandy ) ( Saint John Board of Trade nominees *Mr. Wallace S. Turnbull ) ) *Mr. George Vair (Saint John District Labour Council nominee) Mr. Patrick Darrah (for two years) ) Councillor E. J. Kipping (for one year) ) Councillor A. A. Vincent (for one year) ) (Council nominees) Mr. John P. Mooney (for two years) ) Mr. Ralph F. Streb (for one year) ) Mr. Gerald B. Lawson (for two years) ) *(Length of term to be determined among membership). On motion of Councillor Gould • r Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the Land Committee, the account from Appraisals (Fundy) Ltd. in the amount of $420.00 for an appraisal report prepared for a property located on Rothesay Avenue (Courtenay Iron & Brass Foundry Co. Ltd. property) be paid. On motion of Councillor Kipping Seconded by Councillor MacGowan RESOLVED that the letter from the Planning Advisory Committee advising that the Planning staff, in accordance with the Council's request that the merits of obser- vations submitted to Council last year by Mr. R. D. Weir of Kingston, Ontario regarding the preservation of the salt marsh in the Saint's Rest Beach - Manawagonish Creek area, have examined the situation in consultation with the staff of the Recreation and Parks Department, and that the report submitted with this letter (which examines the merits of preserving Saint's Rest Marsh and attempts to reconcile the Municipal Plan, zoning and optimum use of this area) was studied by the Planning Advisory Committee who recommend the changes in zones, Municipal Plan amendments, Zoning By -Law amendments and property ac- quisitions listed in the Summary of Recommendations in the said letter, and further advising that the Planning Advisory Committee also favours the adoption of stricter controls regulating the stripping of material in the area of Saint's Rest Beach and recommends that studies be made to (i) determine the effects of any plan (s) for future expansion of the Lancaster Pollution Control Centre, and (ii) examine the impact of development to date with regard to its disruptive and destructive effects on the natural habitat of species found in the marsh and recommend limits for future development which would be es- sential for the continued existence of the marsh -- be received and filed and the recommendations con- tained therein adopted and the necessary advertising be proceeded with regarding the various by -law amendments. On motion of Councillor Kipping • Seconded by Councillor Parfitt ' RESOLVED that the matter of recall procedure be again referred to The Cities of New Brunswick Association requesting that it be placed on the agenda of the next meeting in order that the representatives of the six largest municipalities in New Brunswick might have the op- portunity of freely debating this matter: AND FURTHER that the appropriate Provincial Ministers be requested to provide relevant infor- mation at or for this debate. The above motion relates to the letter from Councillor Kipping which was on the agenda of this meeting, pointing out that by resolution of Common Council on September 9th, 1974 the Council agreed to forward to The Cities of New Brunswick Association for its consideration and discussion a motion re- garding the recall procedure which was once a part of the law of the City of Saint John, and that the said Council resolution was forwarded by letter dated September 16th, 1974 by the Common Clerk, req- uesting that it be placed on the Association's agenda. Councillor Kipping's letter advises that at the next following meeting of the Association in November it had to be carried over due to the fact that the Mayor of Saint John had to leave that meeting, and it was understood that the matter would automatically carry over to the next agenda, but at the meeting held on March 1st, 1975 it was inadvertently omitted; that when the matter was raised from the floor, with the intention of moving that it be placed on the agenda, Councillors Green and Cave from Saint John, moved and seconded a motion to the effect that the matter not be considered - this was passed on a voice vote, and although several "nays" were heard, no count was taken; that the situation now is that the matter will not be discussed by the Cities Association, although this was the intent of Saint John Common Council's resolution which was properly moved, seconded, passed and presented, only to be negated by the action of two of Common Council's own members; that the manner in which the motion and the vote were handled by the Chairman of the said Association meeting also seems to require some explanation; that the purpose of Councillor Nipping's letter is to let Council know what happened to its resolution, and to request Council's guidance as to whether the matter should be pursued further with the Cities Association. Councillor Cave advised that there were two negative votes to the motion referred to in the above noted letter, which motion was passed at the said meeting of the Cities Association. He added that he is not opposed to the recall procedure if it goes to the Legislature and it is approved, but he does not like this, and he is of the opinion that this is an insult. Councillor Green recalled that the subject was not on the agenda of the Cities Association meeting and Councillor Kipping brought it up and spoke on it, and Councillor Green also spoke on it and seconded the motion later on that under the Municipalities Act there is plenty of provision for any recall for whatever a Councillor may do. Coun- cillor Green stated that he is of the opinion personally that the matter not be carried, and he recalled that Mayor Wheeler of Moncton stated there was ample provision under the Municipalities Act as well for any recall, in his opinion. Councillor MacGowan pointed out that the Common Council approved the placing of the said subject matter on the agenda of The Cities of New Brunswick by resolution adopted on Sept- ember 9th, 1974 - the matter got as far as the Executive of the Association and no farther; she stated she feels that Councillor Kipping is quite justified in asking what has happened to it. She stated that where the matter was not considered by The Cities Association, she feels that either the Common Council has to rescind the September 9th, 1974 resolution or else have it presented again to the Association for their consideration. She felt that it was not dealt with in a business -like manner - and that if it had been discussed by the Executive of the Association and they had anything to report they should have reported it and that it should not have been just thrown out at the Executive level. • 7 • I 431 0"'o )9A9WMe-*7W Mr. Barfoot advised that a written report in the above matter will be given at the next meeting of Council. On motion of Councillor Gould Seconded by Councillor Hodges �e�� �• RESOLVED that a report be submitted to the Common Council as to who is • Ww/ etr responsible for the cleaning up of the waterfront area in the Main Street - Bridge Street area (commonly known as Indiantown) where barges, boats, et cetera, are aground. T J��d Mr. Barfoot advised that the above noted problem is an involved one,and that he will try to bring in Leh a summary of what has gone on and the various responsibilities involved for a meeting of Council as soon as possible in the future. e- On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Saint John Chapter of the Civic Liberties Association advising that it has come to the attention of the said_Association that Regulation 48 of the Rules and Regulations of the Saint John Police Department (namely, "48(1) Any member of the police force commits an offence against discipline if he is guilty of, xii Drunkeness, that is to say, if he (b) drinks or receives /�S Assam'. from any person any intoxicating liquor.., while off duty. ") may violate the civil liberties of members of the Police Force, and further advising that while the said Association concurs that no member of the Police Force should drink on duty, nor should he drink to the extent that if he is called on duty, he is unable to function, 1,4��`� nevertheless the present provision is not only a violation of the right to take ordinary sustenance, but in O/1[d� some instances could be a violation of man's religious beliefs, and noting that the temperate use of alcoholic beverages is part of certain religious ceremonies, and stating that, accordingly, the Association urges that this matter be early reviewed, and appropriate changes be made to ensure the civil liberties of members of the (�0 IoV City Police Force are not abused or violated -- be referred to the Legal Department, and that a copy of the /��•CjLl.O� said letter be given to the Chief of Police. ; Councillor Hodges felt that there are other parts of the said Rules and Regulations that need to be P,07/cv %/ reviewed, and he suggested that this is an opportune time for the Legal Department to look at all the Rules and Regulations of the Police Department and come in with new Rules and Regulations. ® On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the letter from the Rockwood Park Area Preservation Association, dated March 3rd, 1975, pointing out that at the public meeting of December 4th, 1974 regarding the Haymarket By -Pass City representatives could not give estimates of the traffic load the By -Pass would carry, yet in his report to Council, January 31st, 1975, the City Manager states that this By -Pass will ease the major ,oS.° traffic bottleneck at Haymarket Square; advising that the statement of Mr. Calhoun in the Times -Globe of February 27th, 1975 with reference to the Haymarket Square plan, "Although the overpass may appear to be adding more confusion to an already complicated Haymarket Square traffic pattern, Mr. Calhoun foresees no major '^o✓ roblem for motorists." and Mr. Calhoun's off -handed statement that "it shouldn't-be that bad" is not acceptable to the Association; stating that in a project of this size and in view of the confusion which has resulted so far, it is imperative to have the model the City said the Province would provide and the Association is therefore formally requesting that the Mayor and Council, in their capacity as these citizens' representatives, secure the model from the Province and make a proper presentation to the people, and, at the same time, the Association is urging the Minister of Highways to carry out his Department's promise to the City to build the model; and noting that at the February 11th, 1975 meeting most of the Councillors were under the impression that the Public Gardens would be left intact - yet, in conversation with the City Manager and Mr. Calhoun after the meeting, both of them stated that the cluster of trees the Association had previously expressed concern over and which are in the Gardens, would be cut down - and asking that, in view of this, the Council state publicly what is to take place at the corner of the Public Gardens and the end of Seely Street -- be received and filed �p`jLjLJ,$' and the Common Council request the Province of New Brunswick, if possible, to construct and submit a model for the Haymarket Square By -Pass for the Common Council. Mr. Barfoot advised that at the time the petition came in from the said Association, the Department had given consideration to the construction of a model to show the alternative to that area, but the time taken to build this model is so long and the requirement for answers, regarding the various alternatives, is so short that the matter was completed without the model being done. He stated he believes this was mentioned by the %iLLA Department at one of the meetings held - either with the City or with the people - that because of the time involved they did not have time to complete the model. He added that from a conversation with the Department of Highways he learned that they have a copy of this letter direct from the said Association and they are considering in that Department a response, and he believes they are prepared to make a further presentation of this matter. With regard to the question of the trees in the Public Gardens, Mr. Barfoot stated that he Councillor Higgins suggested that Councillor Kipping could approach the Minister of Municipal Affairs and the Minister of Justice and obtain information on the reason the recall procedures were not provided for in • the Municipalities Act and if there are other alternatives to such procedure, and present that information to Council. He felt that the whole key to the discussion the Common Council had originally on the subject was that even the discussion at The Cities Association was to be purely for information purposes. He suggested that Councillor Kipping as a committee of one, gather all the information regarding why the recall procedure was dropped and what are the alternatives and present that information to Council, and start from there. Councillor Kipping advised that he is saying, sincerely and simply, that the democratic system is not complete without a procedure by which recall of an elected official can be made without having to wait for the next election which in our case is three years. He pointed out that a situation might arise in that length of time where someone, who might want to, wreck the economy and the entire structure of the organization. He stated that he will take under consideration the suggestion made by Councillor Higgins that he approach the Minister himself; he added that his main reason for submitting his above mentioned report at this time was to let the Council know what happened to its proper resolution when it went to the said Cities Association. Question being taken, the motion was lost with Councillors Kipping, MacGowan and Parfitt voting "yea" "nay ". and the remainder of the Council members present voting On motion of Councillor Gould Seconded by Councillor M. Vincent leyc/itv 11&24?7 !SL RESOLVED that the Common Council be. provided with a progress report and schedule for replacement of the fire station that is .presently located on King Street East. 0"'o )9A9WMe-*7W Mr. Barfoot advised that a written report in the above matter will be given at the next meeting of Council. On motion of Councillor Gould Seconded by Councillor Hodges �e�� �• RESOLVED that a report be submitted to the Common Council as to who is • Ww/ etr responsible for the cleaning up of the waterfront area in the Main Street - Bridge Street area (commonly known as Indiantown) where barges, boats, et cetera, are aground. T J��d Mr. Barfoot advised that the above noted problem is an involved one,and that he will try to bring in Leh a summary of what has gone on and the various responsibilities involved for a meeting of Council as soon as possible in the future. e- On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Saint John Chapter of the Civic Liberties Association advising that it has come to the attention of the said_Association that Regulation 48 of the Rules and Regulations of the Saint John Police Department (namely, "48(1) Any member of the police force commits an offence against discipline if he is guilty of, xii Drunkeness, that is to say, if he (b) drinks or receives /�S Assam'. from any person any intoxicating liquor.., while off duty. ") may violate the civil liberties of members of the Police Force, and further advising that while the said Association concurs that no member of the Police Force should drink on duty, nor should he drink to the extent that if he is called on duty, he is unable to function, 1,4��`� nevertheless the present provision is not only a violation of the right to take ordinary sustenance, but in O/1[d� some instances could be a violation of man's religious beliefs, and noting that the temperate use of alcoholic beverages is part of certain religious ceremonies, and stating that, accordingly, the Association urges that this matter be early reviewed, and appropriate changes be made to ensure the civil liberties of members of the (�0 IoV City Police Force are not abused or violated -- be referred to the Legal Department, and that a copy of the /��•CjLl.O� said letter be given to the Chief of Police. ; Councillor Hodges felt that there are other parts of the said Rules and Regulations that need to be P,07/cv %/ reviewed, and he suggested that this is an opportune time for the Legal Department to look at all the Rules and Regulations of the Police Department and come in with new Rules and Regulations. ® On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the letter from the Rockwood Park Area Preservation Association, dated March 3rd, 1975, pointing out that at the public meeting of December 4th, 1974 regarding the Haymarket By -Pass City representatives could not give estimates of the traffic load the By -Pass would carry, yet in his report to Council, January 31st, 1975, the City Manager states that this By -Pass will ease the major ,oS.° traffic bottleneck at Haymarket Square; advising that the statement of Mr. Calhoun in the Times -Globe of February 27th, 1975 with reference to the Haymarket Square plan, "Although the overpass may appear to be adding more confusion to an already complicated Haymarket Square traffic pattern, Mr. Calhoun foresees no major '^o✓ roblem for motorists." and Mr. Calhoun's off -handed statement that "it shouldn't-be that bad" is not acceptable to the Association; stating that in a project of this size and in view of the confusion which has resulted so far, it is imperative to have the model the City said the Province would provide and the Association is therefore formally requesting that the Mayor and Council, in their capacity as these citizens' representatives, secure the model from the Province and make a proper presentation to the people, and, at the same time, the Association is urging the Minister of Highways to carry out his Department's promise to the City to build the model; and noting that at the February 11th, 1975 meeting most of the Councillors were under the impression that the Public Gardens would be left intact - yet, in conversation with the City Manager and Mr. Calhoun after the meeting, both of them stated that the cluster of trees the Association had previously expressed concern over and which are in the Gardens, would be cut down - and asking that, in view of this, the Council state publicly what is to take place at the corner of the Public Gardens and the end of Seely Street -- be received and filed �p`jLjLJ,$' and the Common Council request the Province of New Brunswick, if possible, to construct and submit a model for the Haymarket Square By -Pass for the Common Council. Mr. Barfoot advised that at the time the petition came in from the said Association, the Department had given consideration to the construction of a model to show the alternative to that area, but the time taken to build this model is so long and the requirement for answers, regarding the various alternatives, is so short that the matter was completed without the model being done. He stated he believes this was mentioned by the %iLLA Department at one of the meetings held - either with the City or with the people - that because of the time involved they did not have time to complete the model. He added that from a conversation with the Department of Highways he learned that they have a copy of this letter direct from the said Association and they are considering in that Department a response, and he believes they are prepared to make a further presentation of this matter. With regard to the question of the trees in the Public Gardens, Mr. Barfoot stated that he 4* %^tees ekw7 ood �hdviecv lhdas`tria/ �a�lr ,F4e,5 nw /hf A%// spraic'e 2`rz� is �ahifiHy S��' mm• P�r�h9 Cohn. h ohm /dfi�� believes it was explained carefully to the Council and to the meeting that in order to grade the street and prepare it for the over -pass it was necessary to lower the grade of the street in front of the Public Gardens gate posts which would expose the roots of the trees, and it would be preferable to remove a clump of three trees and the gate posts on that corner, re -grade that area, re -sod it and re -plant trees in that area. Councillor A. Vincent stated that he was assured at that meeting that they were going to build a retaining wall there and he asked them to take a look at the style of some of the retaining walls used in the northern part of the city of Halifax which have ships and different imprints in the concrete retaining wall, and the Department said they would do so. Mr. Barfoot noted that the retaining wall was one of the alternatives but the alternative preferred, recommended and accepted, was a small re- grading of the Public Gardens and the other changes (the new elevation of the street and re- setting of the gate posts and re- sodding, and re- planting of trees) he noted. With reference to making a presentation of what is to be done at the corner of the Public Gardens and the end of Seely Street, it was Mr. Barfoot's suggestion that the Province be asked by the Council for a graphic presentation, rather than use the word "model" because a model takes time to prepare and it may not be as effective a presentation, in showing the details regarding traffic movements, et cetera, in that area that the Council would want to see. Councillor MacGowan maintained that since people are concerned about Haymarket Square also, and that if we had a model they could see what would.be happening there and there might be suggestions that could come in that would make an improvement to the plan. Mr. Barfoot explained that by "graphic presentation" he means something in the nature of a blown up aerial photograph with superimposed roads shown, as to how they affect buildings, streets, trees, et cetera and he suggested that this type of a presentation may show more than the model, and more effectively. The Mayor noted that the Council would be requesting a model or a graphic presentation from the Province, whichever will produce the best value. Councillor A. Vincent advised that the Provincial Department has the model almost finished and that he believes that the Council should have the model made and put on display, and satisfy the citizens concerned, once and for all. Mr. Barfoot stated that the said Department is not very close to completing the model; it was started and then abandoned because the time limits were so great and the cost of making the model may be higher than anticipated. Noting that the Mayor will be in Fredericton on March llth, Councillor A. Vincent suggested that the Mayor take the matter up with the Minister of Highways and see if some consideration could be given to the matter of the model if it is not too long in preparation - if not, maybe the Department of Highways could bring slides and the Council could have another meeting with that Department. The Mayor replied that he will follow through on this suggestion. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the brief from Chan Food Products Limited on behalf of all business firms located in the Grandview Industrial Park, Saint John East, advising of problems which affect their businesses and asking that immediate consideration be given and action be taken to the problems listed therein that are encountered in the said Industrial Park and adjacent areas, be referred to the appropriate staff and to meet with representatives of Grandview Industrial Park. At the request of Councillor M. Vincent, Mr. Barfoot submitted the following comments and information relating to the various points raised in the above mentioned brief:- Transportation - Bus Service: he does not have any immediate answers for the Council on this subject - it will have to be taken up with the Transportation Committee; Highway Maintenance - pot holes: we will attempt to give these businesses as good a service if'not better than we give to the rest of the citizenry - we have a project to do Bayside Drive in its entirety - there is a portion of it which is being completed - the balance of the contract should be called this year and if we can complete the land transactions this street should be a five -lane paved highway - with regard to the section of Bayside Drive in front of the power plant, this section which is in bad condition has to be paved (the contract has been let and the paving will be done when the warmer weather comes - in the meantime, gravel can be used to fill in the pot -holes on this street; Mail Service: the Mayor noted that the City will suggest to the Post office that a box be installed out there; Parking and Traffic: Councillor Hodges suggested that the Council could ask the Chief of Police to look after this matter. In conclusion of the discussion, Mr. Barfoot stated that it is his intention to get the various departments involved in the complaints that have been made, and resolve the matter. On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that the letter from Northern Electric Company Limited, further to the letter received by Common Council at its meeting of February 24th, 1975 from the Northern Electric United of the United Auto Workers Union, Local 1905 in which the Council was asked to obtain permission for the employees of Northern Electric Company Limited to pay on the large parking lot next to the warehouse of the New Brunswick Liquor Commission on Clyde Street - advising that the company has explored all known avenues, endeavouring to obtain space for parking including the said New Brunswick Liquor Commission, but has been unsuccessful in this quest, and that the assistance of the Common Council in attempting to obtain permission to utilize the said lot of the Commission, or any other location that might be available, would be appreciated -- be referred to the appropriate City staff for a report. The Mayor advised that the New Brunswick Liquor Commission parking lot that is referred to in the above matter, is going up for sale. Councillor kipping, who had suggested that perhaps the Saint John Parking Commission could be of assistance in finding parking space for the employees of the above named company, suggested that the said Parking Commission may be interested in converting that particular lot into a parking lot. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the letter from Mr. Donald L. Cullinan, Barrister, questing on behalf of Mr. Ronald Hargrove and Mr. Mitchell I. J. Carr that the City extend for another ar the permission granted to Mr. Hargrove to maintain his mobile home on Mr. Carr's property in Lorne - Ile, be referred to the Planning Advisory Committee for a recommendation. On motion of Councillor Cave Seconded by Councillor M. Vincent • RESOLVED that the letter from Mrs. Elsa Johnston, advising ���s� that she is over eighty -four years of age and ill, and requesting that she be permitted to continue to locate her mobile home on the land owned by her son at Lakewood, be received and filed and the request be /e O e granted for another year, on compassionate grounds. 43,3 t��77 On motion of Councillor Higgins • 171? 12 f.° ,31ca/ Seconded by Councillor MacGowan 049%7 RESOLVED that the letter from Mrs. Alice Blair of 24 McLaughlin Cres- J^6C ad cent, Saint John East, advising of a recent experience when her dog was attacked by a large dog while her dog / ?�60 was tied in his own back yard, and requesting that action be taken to correct the problem in her area of dogs nh /,/ running at large, be referred to the Animal Rescue League for immediate action.. Councillor MacGowan felt that the Council should ask either the Animal Rescue League or the Police e Department to enforce the Dog By -Law because this is the time of year when packs of dogs are roaming around and create problems, and she noted that the incident referred to by Mrs. Blair when her dog was attacked could have ' been a child that was the victim. On motion of Councillor Cave Seconded by Councillor Gould G RESOLVED that the letter from Shamrock Realty Ltd. advising that the S M.-moc Planning Department, in reply to the company's request of February 10th, 1975 that the already approved High -. oj-1-0� meadow Park Planning Department,, in reply to the company's request of February 10th, 1975 that the already approved Highmeadow Park Planned Development be amended, stated by letter to the company that the amendments requested by the company could not be considered, and stating that in view of the circumstances, the company is requesting a different amendment (as shown on the submitted drawing 7241B -1L) to the said Planned Development, /;c�O1/7.7TPw� Highmeadow Park, Phase II, than the amendments outlined in the company's letter of February 10th, 1975 to the Planning Department, and that the change is in the number of units in Phase II of the Planned Development, Highmeadow Park, to 70 units, making a total in the said development of 146 units -- be referred back to the Planning Advisory Committee for a recommendation, in view of the housing need. Councillor MacGowan voted "nay" to the above motion. On motion of Councillor Higgins Seconded by Councillor Parfitt •��9�Oi' RESOLVED that the notice from the New Brunswick Liquor Control Com- mission that the Exhibition Association of the City and County of Saint John has made application for a Special �X� /lirL[jO/7 Premises License for premises located at Exhibition Park Raceway, Saint John, N. B. and that the application �l will be heard at a public hearing of the Licensing Board on March 14th, 1975 commencing at 1.30 P.M. in the f%saC' Hearing Room, Head Office, New Brunswick Liquor Control Commission, Wilsey Road, Fredericton, N. B. -- be 44a received and filed. IX�egge 'awji Councillor M. Vincent asked what progress has been made towards giving a reply by means of a report to / the presentation made to Common Council on February 17th last by Mr. E. S. Bannister on behalf of residents of ICentury 21, Hickey Road relating to the Residential Properties Minimum Standards By -Law enforcement. Mr. Barfoot replied that some progress has been made in compiling this report, which is a large requirement, and the C• Building Inspector is trying to compile it as quickly as he can. Councillor M. Vincent asked that either the //7 /i%%�✓� City Manager or the Building Inspector notify Mr. Bannister of the status of the said report which is being compiled. �ppy" 4w On motion LY The meeting adjourned. Common Clerk At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the seventeenth day of March, A. D. 1975, at 7.00 o'clock p,m. present. E. A. Flewwelling, Esquire, Mayor Councillors Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt, A. Vincent and M. Vincent - and - ' Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, D. Carter, Economic Co- Ordinator, A. Ellis, Building Inspector, M. Zides, Municipal Planning Director, R. Thompson, Assistant Redevelopment Officer, E. W. Ferguson, Chief of Police, G. Baird, Executive Director of Economic Development, and S. Armstrong, Engineer with the Works Department The meeting opened with silent prayer. On motion of Councillor Green / O Seconded by Councillor M. Vincent 7�� RESOLVED that March 16th to 22nd, 1975 be proclaimed International DeMolay Week in the City of Saint John: 434 5-2�iett G^ /os /"7' 77i1le sy-, <soow on .:%/ohs It l ?eI06AZMIi . F,wn1r/h o. lever �L�✓hn �opthea/ fig /tilt /'h U. /11-11 AND FURTHER that the correspondence from Ulster Chapter, Order of DeMolay in the above regard, e received and filed. The Common Clerk advised that advertising was completed for the proposed closing of Third 'Street (also known and referred to as Short Street and Snow Street) commencing at its intersection with Rothesay Avenue and extending northerly the entire distance of the street. He stated that the following letters have been received regarding this street closing:- from Mr. R. D. Hoyt, Regional Manager of Property Services, Department of Public Works for Canada in which the City is asked that the area formerly known as Short Street (closed by Council previously) measuring 50 feet by 225 feet be conveyed to Her Majesty the Queen in fee simple without any conditions as to a settlement with the Bank of Montreal, and submitting a copy of correspondence from the Department's solicitor, Mr. Franklin 0. Leger, in which he expresses the opinion that the portion of Third Street which Her Majesty proposes to acquire has been validly stopped up and closed and that the City of Saint John is now in a position to convey title free from encumbrance - and reviewing the history of this transaction; from Mr. Franklin 0. Leger advising that it is his view that (1) the Council should not now disturb the closing that took place on June 26th, 1972 since that portion of the street was conveyed nearly three years ago and, even assuming any ir- regularity or insufficiency in the description, the closure could not now be attacked, and (2) if Council wishes to repeal the by -law passed on April 22nd, 1974, for whatever reason, and to enact a new by -law, it seems pointless to do so unless the description used in the public notice is a survey description of the portion of the street being closed in addition to containing references to the various names by which the street was formerly known, otherwise one could argue that the second closing was invalid for the very same reason used for arguing the invalidity of the first closing (Mr. Leger's letter makes other points, one of which states that the Bank of Montreal acquired the property adjacent to the street in question . several months after the enactment of the City by -law to close this street on April 22nd, 1974); from Mr. Thomas L. McGloan, solicitor for the Bank of Montreal, written further to his letter of February 4th, 1975 in this matter (which latter letter was considered in legal session by Common Council on February 10th, 1975) advising that the Bahkcfiist received`:advice bytletter dated April 22nd, 1974 from the De- partment of Highways that its Haymarket Square property would be required and the Bank thereupon im- mediately commenced a search to find a suitable location within the immediate area to replace the branch premises which were being expropriated and as a result, options were taken and exercised for the ac- quisition of two properties on the corner of Rothesay Avenue and Short Street and property lying to the rear thereof between Short and Frederick,Streets, and that is was not until after the Bank had committed itself to purchase these particular properties that it become aware of the purported closing of Short Street by City by -law enacted on April 22nd, 1974 which used the name Third Street (formerly Snow Street), and further advising that the Bank has carried on negotiations,with the Department of Public Works and the best the Department can do to provide access to the Bank is a license from year to year (such license grants no interest in the property whatsover and merely grants permission for access over the property during banking hours; such an arrangement is totally unsatisfactory from the Bank's point of view as it cannot construct a property whereby access to it could be terminated at the end of any year; because of the size of the lot in question, the Bank must have its front entrance on the Planning By -Law, the Bank cannot set its building back far enough so as to provide proper vehicle access together with pedestrian acess over its own property to and from the rear of its property where it proposes to have its parking area; some form of permanent access over the front portion of Short Street is essential to the Bank's use of its property) - and requesting that the City give favourable consideration to the situation which the Bank now finds itself in as a result of the said proposed street closing. Mr. Leger was present and, in discussing the matter, pointed out that his letter to Common Council says that at the request of the Department of Justice, he examined the legislation governing the stopping up and closing of streets, the steps taken by Common Council prior to the enactment of the by- law on April 22nd, 1974 to close a portion of Third Street (formerly Snow Street) including the notice given to the public, the meetings held and objections considered, and he concluded that the portion of Third Street which Her Majesty in Right of Canada proposed to acquire had been validly stopped up and closed and that the City of Saint John was now in a position to convey title free from encumbrance to Her Majesty, and he also advised the Department of Justice by letter dated January 23rd last. Mr. Leger stated that his letter to Council sets out the position of the Department of Public Works in this matter at the present time, and that he points out in his letter that he had given an opinion to the Department of Justice that the street had been legally and properly closed previous and that as far as the Council was concerned it should be considered as a valid by -law of Council. He stated that he cannot argue with the Council if it wishes to review its position and repeal the existing by -law, but he expressed in his letter the concern that he feels at the method that is being adopted in the approach to this matter - his concern basically is that the question seems to come down to whether or not a proper description was used when the previous advertising took place - he has pointed out to the Council in his letter that anybody who was at that time concerned with the closure of the street must have read the advertisement, they had their objections considered by Council - and as a matter of fact, the closure of the street was delayed by some ten months while these objections were being considered. He stated that he has expressed his concern that the present proceedings could be attacked for the very same reason that the previous pro- ceedings were attacked - in other words, he does.not feel that the advertisement that has appeared in the Evening Times -Globe could be considered as any more proper than the previous advertisement. He stated that there is no doubt that in the interval the surrounding circumstances have changed and that the Bank of Montreal has acquired one of the properties that abuts on the former Third Street and he really cannot fault the Bank of Montreal for wishing to express its views to Council on this matter. He stated that he must record his concern and the concern of the Department of Public Works over the manner in which this has been approached - mainly because it could result in a question arising as to the proper closure of streets some three years ago when another portion of Third Street was closed off by by -law dated June 26th, 1972, and this area after the closure was subsequently conveyed to Jos. A. Likely Ltd. and after that conveyed to Her Majesty the Queen and now.represents a portion of the Post Office site. He advised that he is not too clear in his own mind exactly what the description which appeared recently in the Times -Globe intends to describe and his confusion still exists after discussing the matter with the Common Clerk and his indicating to Mr. Leger exactly what plan is on file in his office for viewing by the public. Mr. Leger stated that he would hope that it is not the intention of Council to disturb a by- law that was passed some three years ago the result of which was to have this other portion of Third Street closed up and subsequently conveyed to Her Majesty; moreover, another street was closed off at the same time which also forms part of the Post Office site the description of which relates to Third Street, so that the Council is calling the question not simply a by -law that was enacted on April 22nd, 1974 but a previous by -law that was enacted on June 26th, 1972 which related to another portion of Third Street and to a street further down the street - so, there is great concern in his mind exactly what Council's intention is. He pointed out that the Common Council has not carried through on the closure of the part of Third Street on April 22nd, 1974 by conveyance to Her Majesty. He advised that he was accompanied at this meeting by Department of Public Works officials, namely, Mr. H. van der Linde from Halifax, and Mr. L. Harriott from Saint John. Mr. Thomas L. McGloan was present on behalf of the Bank of Montreal and stated that the position the Bank is outlined in his letter to Council. He added that the questions involved in the matter are E • A • • (�'goa'ai Op 435 perhaps rather complicated to debate at a public meeting. He advised that the Bank acquired the property on Rothesay Avenue and Short Street (as a result of expropriation for redevelopment purposes of its property at Haymarket Square) which it thought was a corner property on Short Street, which is called Short Street as shown on photographs he has of two street signs which were placed there by the City whereas the advertising for street closure was for Third Street sometimes known as Snow Street and no advertisement was given with respect to Short Street. He advised that the Bank has problems in that it wants to get access to the rear of its property to provide off - street parking and it can only do this and at the same time satisfy the Planning requirements for site location by having some sort of access over Short Street. He stated that the Bank has had negotiations with the Department of Public Works and asked if it could acquire from the Department or from the City a portion of Short Street which the Department declined; the Department has suggested to the Bank a license over a certain portion of Short Street but the license could be terminated at any time as it would go from year to year - it was not an easement nor a license - and the Bank's only concern is that it is true it only acquired its property after April of 1974 - about the time its Haymarket Square property was being ex- propriated the closing of Short Street was taking place and he is sure that had the Bank noticed the advertising for street closure it would have been brought to its attention. He added that there is no requirement to file these street closings in the Registry Office where a street closing could be readily determined. He stated that the Bank feels that this is the most suitable site for it to relocate its premises from the Haymarket Square site and that inasmuch as Short Street is still public property it feels that some consideration should be given to a business which has been established in this city for many years and if there are two parties who wish to acquire abutting public property they should be given equal consideration. He stated that this is the view that he wished to express on behalf of the Bank at this meeting without going into the other problem which Mr. Leger has already raised. In discussing the matter of the access desired by.the Bank, Mr. McGloan advised that this would also be the Post Office's entrance with regard to Short Street but the Post Office is proposing to put a gate across that entrance and will only have the gate open during normal banking hours. He stated that the solution to the matter is that the Bank would like to buy a portion of Short Street. With regard to the street closing that was done, Mr. McGloan stated his own view is that it was effective but it is voidable, that is, that his client could - and what he had intended to do - apply to the courts to have it set aside and he advised his client that it would stand a reasonable success in such an application, but apparently the City Solicitor undertook to re- advertise and to take this method in the matter. He noted that the ramifications involved in this matter are very complicated and of legal nature, and it is rather difficult to explain at this time. Mr. McGloan advised that there is no other land available for access to the Bank's property, and that the land on the other side of Short Street is the site of the Post Office. Councillor A. Vincent advised that he has heard that the Bank of Montreal is negotiating with Mr. Downey who wants to build a branch where the Aberdeen School is located. Councillor A. Vincent asked Mr. Zides if within the last three or four months Downey Motors Limited or its interests have discussed with the Planning Department the old school and the replacement of a shopping centre and a Bank of Montreal. Mr. Zides stated that, to his knowledge, they have not done so. On motion of Councillor Kipping Seconded by Councillor Mac Gowan RESOLVED that the proposed closure of Third Street (also known and referred to as Short Street and Snow Street) and the correspondence from the Department of Public Works for Canada, and from Mr. Franklin 0. Leger and Mr. Thomas L. McGloan on behalf of their respective clients, be laid on the table. Councillor A. Vincent stated that the Land Committee knows something about the above matter that it is not wished be revealed to the public. Question being taken, the motion to table was carried with Councillors A. Vincent, Green, Hodges and Davis voting "nay ". Councillor Kipping stated he is not aware of any additional information regarding the matter, and that if there is additional information of which the Land Committee members are aware the Council members should be supplied with it. Councillor Mac Gowan stated that she has no knowledge of such additional information. The Common Clerk advised that the necessary advertising took place regarding the proposed closing of an unnamed street that runs from Water Street to Prince William Streets and contains an area of approximately ® 4,700 square feet (commonly known as Murder Hill) and that there have been no written objections received. It was noted that no persons were present to offer comment in this matter. On motion of Councillor Green Seconded by Councillor MacGowan ,�p 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 Made Under the Authority of Section 187 of the Municipalities Act, R.S.N.B., 1973" with respect to closing of the following highway:- UAA719N&W S_A/Ieet ;L9 -z o ^ 6fl�?/rer eean UNNAMED STREET - That street which runs from Water Street to Prince William Street, containing an area of approximately 4,700 square feet, and commonly known as Murder Hill - be read a first time. Read a first time 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 Made Under the Authority of Section 187 of the Municipalities Act, R.S.N.B., 1973 On motion of Councillor Hodges Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law specting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of ction 187 of the Municipalities Act, R.S.N.B., 1973" with respect to the closing of the following highway:- - That street which runs from Water Street to Prince William Street, containing an area of ,700 square feet, and commonly known as Murder Hill - be read a second time. Read a second time the by -law entitled, "A By -Law to Amend a By -Law Respecting the Stopping Up and sing of Highways in The City of Saint John Made Under the Authority of Section 187 of the Municipalities , R.S.N.B., 1973 ". The Common Clerk stated that advertising was completed for the proposed re- zoning for Mr. Walter Kean a parcel of land that runs between City Line and Lancaster Street and between the lots facing on Guilford Charlotte Streets excluding therefrom the Winslow Street Playground, to permit the erection of three 12- 436 unit apartment buildings. He advised that letters of objection have been received from Muriel and James Alston of 285 Charlotte Street, West, and from Mr. Alex Buchanan of 71 City Line, West, and that a pet- ition has also been received from residents of the area in question, expressing their objections to this re- zoning. F; s.Tl/h /z� ;1o.00M*/' 0 -P 49 J/ j PWA9 =7 — Councillor Parfitt withdrew from the meeting during the above noted presentation. • With regard to the question of where this type of housing can be built for apartments, Dr. Mooney stated that she has found out there are many places where they can be built in this city other than • in a one- and two - family residential area, which this particular area is. She confirmed that these existing homes are all on the same rock formation that forms this site which makes them apprehensive that any blasting at the site would cause damage to these homes. She also pointed out that this rock ledge in its present state is regarded by many people as a lovely spot. She felt that the proposed apartment buildings should be allowed to be built in areas where there are not owner - occupied residences, and that there should be a policy set in this regard. The Council members noted that they were not supplied with a copy of the list of signatures hat were affixed to the above named petition. Councillor Hodges advised that he was born on Winslow treet and knows the area under discussion very well, and that many people in the area live in houses hat are more than one storey, and those houses have always been there. Mr. Walter Kean was present and advised that he was representing himself, as a builder. He stated that he was quite surprised to see the opposition that has been expressed at this meeting to the 7 proposed re- zoning because when he first looked at the land on the West Side after the throughway had removed so much of the West Side he felt that the schools that were there, the water and sewerage was there and'was not used to its full capacity or the level for which it was designed, and the churches were there and everything of that nature. He stated that he has noticed right across from where he proposed an entrance to this site there is a large parking lot which says "tenants parking only" so there must be more than one or two people living there. He stated he has not done a survey on how many multi- family dwellings there are in that area now, but he would like to have a little time to determine these things, to get professional opinions on blasting which would be just for water and sewerage because he would not propose to put basements in rock - he does not see any point in putting basements in rock - he would build on top of the rock and backfill to clear the frost and go from there up. He stated that maybe it is not a practical place to build and if he decides that, he would not go any further; if he still thinks it is a good place to build, he would like to bring the matter back to Council and present his case and get the Council's decision on it. He confirmed that he would intend to build right on top of the hill overlooking the harbour. Mrs. Claire Collins, a property taxpayer of this area, suggested that before the Council decides on the outcome of the proposed re- zoning that the Council members make themselves familiar with the topography of this particular parcel of land. Referring to Mr. Kean's proposal for building, she felt that proposed building number 2 would be a hazardous location with the parking area in view of possible fires, et cetera because of that rocky hill. She stated that she is particularly concerned about this proposed building because she resides right across the street from that spot. She felt that with 36 families coming into that small area would bring a lot of extra traffic into that area; there are two blind hills on City Line and two steep hills on Lancaster Street thus affecting traffic conditions for residents and visitors and delivery vehicles. She pointed out that there are two schools in the area and that a lot of children could come into the area with 36 families in the proposed buildings, and children in wintertime walk in the road going to and from school, and it is a hazardous area to bring any more children into it. With regard to the question of blasting of the site to bring water and sewerage into that area, she stated she would like the Council to be aware, and for Mr. Kean to be aware, of where the responsibility would lie in the event of damages. The Mayor stated that he is sure that the Council members will look this area over. Mr. Fidele Gauthier, a resident of the area, urged that the land under discussion be retained as recreational area for the children of the said area, and pointed out that it has always been used as a play area by children. Mr. Rawley Garrels of Apartment 306, Building 4, 1720 Hickey Road, made a presentation on behalf >f the Saint John United Farm Workers Support Committee, advising that a second boycott is in progress -egarding California -grown grapes and lettuce and that the growers and distributors are now attempting to lump the grapes off on smaller areas such as the Maritime provinces of Canada and have done so in the past months, and that the said Support Committee as citizens of Saint John do not feel that our city should be L dumping ground for this produce grown in injustice and violence, and that locally they have received indorsement and support from the Catholic Bishop, the Saint John District Labour Council and other labour and religious leaders, and a local store has agreed to take grapes off their shelves. The brief submitted >y Mr. Garrels advises that the Support Committee plans a major public education drive for the week >eginning March 23rd and therefore asks that Common Council take a stand and support the movement for justice in the fields by declaring Saturday, March 22nd, 1975 a United Farmworker Day. When asked if he • I Dr. Monica Mooney of 94 City Line presented the above named petition, which points out that City Line and Lancaster Street are very hilly in this area and that City Line has two blind hills, and which expresses the view that the area on which the proposed apartments would be built is suitable and needed as r e 1 a playing space for the children in b s neighbourhood but seems very unsuitable for the proposed ap- artment buildings because of the tra:fec condition that will result from the added traffic on City Line and Lancaster Street, and states that these residents fear that parking will also be a serious problem. The petition notes that, in addition,.the street in some areas, especially towards Charlotte Street, has been built up in the approaches to this area so that the curb is not much protection against cars sliding into their homes in the event of poor weather conditions - especially icy road conditions, or brakes not holding on parked vehicles on the said streets (this situation has already arisen). The petition further states that these residents are also very concerned that the blasting which will be necessary for the excavation of foundations and water and sewerage lines will cause serious damage to their homes, and that they feel that there are more suitable sites for building apartments on than this rocky hill, which is in the middle of an area of predominantly single family and owner- occupied homes, and that they are unhappy at the thought of losing this present peaceful and quiet area by way of the proposed apartment enterprise, and are apprehensive that children of prospective residents of the apartment buildings would cause dest- ruction to property of the existing home - owners in the area, or that some of the people who would live in the apartment buildings would be of a type not desirous in this neighbourhood. The petition states that as the petitioners would like this area kept in future, as much as is possible, an area of owner - resident one- or two - family dwellings, they ask the Common Council to protect the living conditions of the present residents by neither re- zoning this area for commercial purposes, such as apartment dwellings, nor :. lowing any blasting which will cause damage to the present homes in this area. F; s.Tl/h /z� ;1o.00M*/' 0 -P 49 J/ j PWA9 =7 — Councillor Parfitt withdrew from the meeting during the above noted presentation. • With regard to the question of where this type of housing can be built for apartments, Dr. Mooney stated that she has found out there are many places where they can be built in this city other than • in a one- and two - family residential area, which this particular area is. She confirmed that these existing homes are all on the same rock formation that forms this site which makes them apprehensive that any blasting at the site would cause damage to these homes. She also pointed out that this rock ledge in its present state is regarded by many people as a lovely spot. She felt that the proposed apartment buildings should be allowed to be built in areas where there are not owner - occupied residences, and that there should be a policy set in this regard. The Council members noted that they were not supplied with a copy of the list of signatures hat were affixed to the above named petition. Councillor Hodges advised that he was born on Winslow treet and knows the area under discussion very well, and that many people in the area live in houses hat are more than one storey, and those houses have always been there. Mr. Walter Kean was present and advised that he was representing himself, as a builder. He stated that he was quite surprised to see the opposition that has been expressed at this meeting to the 7 proposed re- zoning because when he first looked at the land on the West Side after the throughway had removed so much of the West Side he felt that the schools that were there, the water and sewerage was there and'was not used to its full capacity or the level for which it was designed, and the churches were there and everything of that nature. He stated that he has noticed right across from where he proposed an entrance to this site there is a large parking lot which says "tenants parking only" so there must be more than one or two people living there. He stated he has not done a survey on how many multi- family dwellings there are in that area now, but he would like to have a little time to determine these things, to get professional opinions on blasting which would be just for water and sewerage because he would not propose to put basements in rock - he does not see any point in putting basements in rock - he would build on top of the rock and backfill to clear the frost and go from there up. He stated that maybe it is not a practical place to build and if he decides that, he would not go any further; if he still thinks it is a good place to build, he would like to bring the matter back to Council and present his case and get the Council's decision on it. He confirmed that he would intend to build right on top of the hill overlooking the harbour. Mrs. Claire Collins, a property taxpayer of this area, suggested that before the Council decides on the outcome of the proposed re- zoning that the Council members make themselves familiar with the topography of this particular parcel of land. Referring to Mr. Kean's proposal for building, she felt that proposed building number 2 would be a hazardous location with the parking area in view of possible fires, et cetera because of that rocky hill. She stated that she is particularly concerned about this proposed building because she resides right across the street from that spot. She felt that with 36 families coming into that small area would bring a lot of extra traffic into that area; there are two blind hills on City Line and two steep hills on Lancaster Street thus affecting traffic conditions for residents and visitors and delivery vehicles. She pointed out that there are two schools in the area and that a lot of children could come into the area with 36 families in the proposed buildings, and children in wintertime walk in the road going to and from school, and it is a hazardous area to bring any more children into it. With regard to the question of blasting of the site to bring water and sewerage into that area, she stated she would like the Council to be aware, and for Mr. Kean to be aware, of where the responsibility would lie in the event of damages. The Mayor stated that he is sure that the Council members will look this area over. Mr. Fidele Gauthier, a resident of the area, urged that the land under discussion be retained as recreational area for the children of the said area, and pointed out that it has always been used as a play area by children. Mr. Rawley Garrels of Apartment 306, Building 4, 1720 Hickey Road, made a presentation on behalf >f the Saint John United Farm Workers Support Committee, advising that a second boycott is in progress -egarding California -grown grapes and lettuce and that the growers and distributors are now attempting to lump the grapes off on smaller areas such as the Maritime provinces of Canada and have done so in the past months, and that the said Support Committee as citizens of Saint John do not feel that our city should be L dumping ground for this produce grown in injustice and violence, and that locally they have received indorsement and support from the Catholic Bishop, the Saint John District Labour Council and other labour and religious leaders, and a local store has agreed to take grapes off their shelves. The brief submitted >y Mr. Garrels advises that the Support Committee plans a major public education drive for the week >eginning March 23rd and therefore asks that Common Council take a stand and support the movement for justice in the fields by declaring Saturday, March 22nd, 1975 a United Farmworker Day. When asked if he • I 437 is a member of the United Farmworkers, Mr. Garrels replied that he is just a citizen working in support of this group in this area. He stated that the Support Committee is starting an education programme on March 23rd in • Saint John regarding the matter and is bringing a farmworker down from Toronto - one of the organizers - to speak and have a rally, et cetera. He stated that the said Committee is therefore asking the Council to proclaim March 22nd to be United Farmworkers Day in the city. • i d� 6p; Cdr � l7GZ /�Gr /�!g �'earr .Siir�orad s /15�i .9etlpl pe .S'�plr /e Mr. Rodgers was asked for advice as to whether it is the legal role of a municipal council to become involved in a matter of the above noted type and he replied that the Council can do whatever it wishes to do in the matter, with the possibilities of criticism. Councillor A. Vincent withdrew from the meeting at this time. Mr. T. Rickett, Manager of Provincial Pressure Cleaning Systems, at this time submitted information in brochure form and pictures regarding a new restoration process for brick and masonry structures. He stated that he would like to relate this process to Saint John's historical and commercial buildings and sites. He had with him, for the information of Council, a pictorial record of some of the buildings in Saint John and in Fredericton before and after this process was applied to them. Councillor Davis stated he questions the advisability of having commercial matters brought before the Council and he does not quite understand this presentation coming to Council; things of this nature are normally brought before staff and he does not see why an exception should be made in this case. He noted that there are perhaps half a dozen firms that make products of this nature and he does not want to hear them all, and there are a great many other factors that are involved. He stated that he objects quite vigorously against having to listen to "pitches" of this nature. Councillor MacGowan stated that it is too bad that the Council had not had this presentation before the Council agreed to paint the Market, because she understands that this process could have been used on the Market because it would not involve sand blasting which the Market building would not stand and we could have renewed the Market to its original beauty without applying additional paint. On the aspect of what a beneficial effect this process would have on some of the buildings in our city, Councillor MacGowan stated she would like to see perhaps the Historical Society, perhaps the Beautification Committee, and perhaps staff look at this process very seriously to see what buildings they could come up with. She felt that the Boys' and Girls' Club building in West Saint John could very well stand a job such as this and if the City is going to retain that building it would be a pity to paint it, and if we could do something like this process it would make it look very attractive, and be a credit to our community. Councillors M. Vincent and Kipping also felt that Mr. Rickett's presentation was something that would be handled strictly by staff and was not a matter for this Council. Councillor Kipping raised the question of having this item removed from the agenda of this Council meeting in order to avoid presentations by other commercial firms in this field, and to preclude the setting of a precedent. The Mayor noted that Mr. Rickett was given the opportunity to appear before Council and whether it was right or wrong legally he did come, and the Mayor thanked him for coming. Councillor Green pointed out that Mr. Rickett may have a meeting with the City Manager in the matter and that this information from Mr. Rickett may be passed over to the various com- mittees which have something to do with this kind of matter and it may be of some interest to them. On motion of Councillor Green Seconded by Councillor Hodges RESOLVED that the matter of the proposed re- zoning for Mr. Walter Kean of his proposed building site located between City Line and Lancaster Streets near Maple Row and Guilford Street, be laid on the table together with letters and petition of objection, so that the Council members can view the area and review the re- zoning matter when the full information is gathered, and that the Council members be furnished with a copy of the list of persons who signed the petition, with their addresses. On motion of Councillor M. Vincent Seconded by Councillor Kipping RESOLVED that the letter from the City Manager advising that in order to provide services for water, telephone and power to the community arena now under construction at the rear of Simonds High School, it is more economical to make service connections to the existing line owned by the Board of School Trustees on the school grounds and that in the future it may be desirable to install separate service connections when the eastern residential development area is more fully built up, but for the present this is a sound move for joint use resulting in economies, and is an application of the policy which was approved between the City, the School Board and the Province, and adopted by the City on May 10th, 1971, be received and filed and as recommended by the City Manager the Common Council agree to the following conditions under which the Board of School Trustees has agreed to grant these service connections:- (1) that the Common Council of the City of Saint John provide an undertaking to pave, in the near future, the present student parking lot which .will henceforth be used jointly by the arena patrons and the students of the School, and (2) that a written agreement be executed between the Common Council, City of Saint John, and the Board of School Trustees of District Number 20, to share on a 50 -50 basis the cost of any future repairs required to water, electricity or telephone service lines from Hickey Road to the connection point on the grounds of the Simonds High School - this 50 -50 sharing of cost to be effective only for the period of time until such time as the City installs its own service connections - and further, that the Common Council, City of Saint John, be responsible for 100% of the cost of repairs to the service lines from the School connection to the arena: AND FURTHER that further discussion take place between the City staff and the said Board of School Avs ¢� Trustees regarding provision of an additional access to the arena from Shillington Road and co- operatively with �d1d 7f0 the said Board approaching the New Brunswick Housing Commission to ensure that the additional access is provided. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that as recommended by the City Manager, approval be granted for payment of the invoice from Imperial Industries Limited, dated February 28th, 1975, in the amount of $2,592.00 �OGC for the rental of a trackless sidewalk plough for the month of February, 1975• On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that the letter from the City Manager, advising that in May, 973 the Common Council approved cost - sharing in the amount of $623,000.00 for the servicing of Stage 1 of the Saint John East Residential Land Development and that the City's cost- sharing in the sub - division was covered �p by an amendment to the Second Special Areas Agreement in the proportion of 50% contribution and 50% loan, and GGfCXX�� further advising that this sub- division has all underground wiring and that the standard sub - division makes provision for the parties to each pay one -half of the cost difference between standard street lighting with meq Sfr�e� /,9�i 438 wooden poles and ornamental or special lighting, and that for this sub - division the developer has requested that aluminum standards be provided, and that there are 34 units involved and 50% of the cost difference • is $139.21 each, or approximately $4,800.00 - and recommending that the City of Saint John participate in the ornamental lighting for the Saint John East Residential Development area in the said amount of $4,800.00, this amount to be charged to the 1975 Capital Budget -- be received and filed and the recom- mendation adopted. On motion of Councillor Green In reply to Councillor MacGowan, who expressed the hope that Manawagonish Road will be included ten/ in the major revision of the Traffic By -Law which will incorporate major policy decisions such as truck /f�&aa* W4 routes, et cetera, Mr. Barfoot stated that her desire that the said Road be excluded from the truck route 99C:Ld will be granted. On motion of Councillor M. Vincent Seconded by Councillor Green • RESOLVED that the letter from the City Manager, further to Common � Council resolution of January 13th, 1975 which referred to various committees a request from the Beauti- fication Committee that the City introduce parallel parking on both sides of King Street as a way of e�Z improving the visual environment, as well as improving traffic flow, snow removal and street cleaning, advising that at the present time there are 70 angle spaces on King Street and 5 parallel spaces and to institute parallel parking on both sides of King Street would cut this total back to 46 parking spaces and if the north side only were converted to parallel parking, 54 spaces would be available or if the south side only were converted to parallel parking, 66 spaces would be available, and further advising that some of the factors to be taken into consideration are that with the present shortage of parking in the central business district it would seem untimely to reduce these spaces still further, and, in addition, with the grade on King Street, it would be difficult in winter time to manoeuvre in and out of parallel spaces, and that, conversely, parallel parking with summer street conditions would be safer than angle parking and would cause fewer traffic holdups, and may improve the visual environment - and re- commending that angle parking be retained on King Street for the present, but that parallel parking be ' considered in summer time on an experimental basis in conjunction with other beautification -- be received and filed and the recommendation adopted. In discussion with Councillor MacGowan as to when the above noted parallel parking would go �I?9� into effect, Mr. Barfoot advised that he thought this trial parallel parking would be done in conjunction /0�7 with other beautification, and it might be a combined effort between the Civic Improvement and Beauti- t% �y� m/19. fication Committee and City staff and that the staff would consider the said Committee's recommendation. Councillor Kipping questioned the benefit for beautification purposes in having parallel parking compared with angle parking or no parking, and he pointed out that it is his opinion that the only beautification would be to clear parking altogather from King Street and have a nice, clean, open street there, and that parallel parking will rob the city of a great number of parking spaces anywhere we institute it. He expressed the view that if we have the width of street on King Street to permit angle parking we should permit it on that street, and he pointed out that he feels we do have the width to • permit it on both sides of the street on King Street. He suggested that the above motion be worded so as to eliminate the adoption of the recommendation for consideration of parallel parking on King Street in summer time on an experimental basis in conjunction with other beautification. Councillor Hodges made the observation that apparently the parking on King Street is not for the business people or those wanting to do business on King Street, but for the employees. He felt that if this street is being used as a very cheap parking lot, or an unpaid parking lot, he is opposed to it. He added that he cannot see any value of parking on this street, whether it be angle or parallel parking, because movement of cars in and out of the parking spots on this street impedes the traffic flow on this street. Councillor Green felt that parallel parking on King Street in winter time would be difficult on ' its north side because the grade of the street towards the curb gives motorists problems in moving their cars from the parking spots. Question being taken, the motion was carried with Councillors Hodges, Green and Davis voting "nay ". On motion of Councillor M. Vincent Seconded by Councillor Hodges ' RESOLVED that the letter from the New Brunswick Telephone Company, Limited in reply to the Municipal Planning Director's letter of February 28th, 1975 regarding cable ,Y �) !lJJ television lines in new sub - divisions, advising that the Company agrees with the recommendations being C- O./ • made by the Planning Advisory Committee, and that, however, the company feels that one further amendment �'u6divisi on might be in order to Section 26, Sub - section 3,,Paragraph B so that in addition to having the developer W responsible for excavation of branches and backfilling we should also require the developer to clean the land for the right -of -way and all utilities - be received and filed and referred to the appropriate City 11I. V140,07 staff. /ihes a /0? °- 9po u d On motion of Councillor Hodges Seconded by Councillor M. Vincent • RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law to Regulate the Subdivision of Land Within The City of Saint John" be read a third time and enacted and the Corporate Common Seal affixed thereto. �'a6 /evfsi0A Seconded by Councillor MacGowan ,j pol p2 RESOLVED that the letter from the City Manager, advising that on /h ,,p,7/'- February 10th last the Common Council referred the petition from residents of Barbara Crescent and Carl Court (which ' requested, among other things, that signs be installed to prohibit overnight parking on both p/+% Crt• sides of the street) to City staff for a report, and that consequently, the following amendments to the Traffic By -Law are recommended, namely, that the following be added to Schedule "B" - No Parking: "(1) Barbara Crescent - East, North & West from McLaughlin Crescent to same - both sides. (2) Carl Court - ,9/ East, North & West from Barbara Crescent to same - both sides." -- and further advising that staff have been working on a major revision of the Traffic By -Law which will incorporate major policy decisions such as truck routes, loading zones, et cetera, and will also incorporate many changes in the schedules for ✓ parking, for through streets, et cetera, and that this by -law revision will be submitted within the next few weeks for Council's consideration -- be received and filed and the recommendation adopted and the ' said by -law amendment be referred to the Legal Department for preparation of the necessary amendment to C/ the the Traffic By -Law with regard to Barbara Crescent and Carl Court. In reply to Councillor MacGowan, who expressed the hope that Manawagonish Road will be included ten/ in the major revision of the Traffic By -Law which will incorporate major policy decisions such as truck /f�&aa* W4 routes, et cetera, Mr. Barfoot stated that her desire that the said Road be excluded from the truck route 99C:Ld will be granted. On motion of Councillor M. Vincent Seconded by Councillor Green • RESOLVED that the letter from the City Manager, further to Common � Council resolution of January 13th, 1975 which referred to various committees a request from the Beauti- fication Committee that the City introduce parallel parking on both sides of King Street as a way of e�Z improving the visual environment, as well as improving traffic flow, snow removal and street cleaning, advising that at the present time there are 70 angle spaces on King Street and 5 parallel spaces and to institute parallel parking on both sides of King Street would cut this total back to 46 parking spaces and if the north side only were converted to parallel parking, 54 spaces would be available or if the south side only were converted to parallel parking, 66 spaces would be available, and further advising that some of the factors to be taken into consideration are that with the present shortage of parking in the central business district it would seem untimely to reduce these spaces still further, and, in addition, with the grade on King Street, it would be difficult in winter time to manoeuvre in and out of parallel spaces, and that, conversely, parallel parking with summer street conditions would be safer than angle parking and would cause fewer traffic holdups, and may improve the visual environment - and re- commending that angle parking be retained on King Street for the present, but that parallel parking be ' considered in summer time on an experimental basis in conjunction with other beautification -- be received and filed and the recommendation adopted. In discussion with Councillor MacGowan as to when the above noted parallel parking would go �I?9� into effect, Mr. Barfoot advised that he thought this trial parallel parking would be done in conjunction /0�7 with other beautification, and it might be a combined effort between the Civic Improvement and Beauti- t% �y� m/19. fication Committee and City staff and that the staff would consider the said Committee's recommendation. Councillor Kipping questioned the benefit for beautification purposes in having parallel parking compared with angle parking or no parking, and he pointed out that it is his opinion that the only beautification would be to clear parking altogather from King Street and have a nice, clean, open street there, and that parallel parking will rob the city of a great number of parking spaces anywhere we institute it. He expressed the view that if we have the width of street on King Street to permit angle parking we should permit it on that street, and he pointed out that he feels we do have the width to • permit it on both sides of the street on King Street. He suggested that the above motion be worded so as to eliminate the adoption of the recommendation for consideration of parallel parking on King Street in summer time on an experimental basis in conjunction with other beautification. Councillor Hodges made the observation that apparently the parking on King Street is not for the business people or those wanting to do business on King Street, but for the employees. He felt that if this street is being used as a very cheap parking lot, or an unpaid parking lot, he is opposed to it. He added that he cannot see any value of parking on this street, whether it be angle or parallel parking, because movement of cars in and out of the parking spots on this street impedes the traffic flow on this street. Councillor Green felt that parallel parking on King Street in winter time would be difficult on ' its north side because the grade of the street towards the curb gives motorists problems in moving their cars from the parking spots. Question being taken, the motion was carried with Councillors Hodges, Green and Davis voting "nay ". On motion of Councillor M. Vincent Seconded by Councillor Hodges ' RESOLVED that the letter from the New Brunswick Telephone Company, Limited in reply to the Municipal Planning Director's letter of February 28th, 1975 regarding cable ,Y �) !lJJ television lines in new sub - divisions, advising that the Company agrees with the recommendations being C- O./ • made by the Planning Advisory Committee, and that, however, the company feels that one further amendment �'u6divisi on might be in order to Section 26, Sub - section 3,,Paragraph B so that in addition to having the developer W responsible for excavation of branches and backfilling we should also require the developer to clean the land for the right -of -way and all utilities - be received and filed and referred to the appropriate City 11I. V140,07 staff. /ihes a /0? °- 9po u d On motion of Councillor Hodges Seconded by Councillor M. Vincent • RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law to Regulate the Subdivision of Land Within The City of Saint John" be read a third time and enacted and the Corporate Common Seal affixed thereto. �'a6 /evfsi0A • The Committee of the Whole /7 reports O�j�m� Your Committee begs leave to report that it sat on February 17th, 1975 when there were present Mayor j" i9le Flewwelling and Councillors Cave, Gould, Green, Higgins, Hodges, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, namely:- %NiY�91 0 r 1. That the terms of reference of the Saint John Commerce and Industry Commission which were adopted by pjeeA�p Council resolution of January 27th, 1975, be amended by substituting the following in lieu of sub - section (a) J.✓ ,� of Section 1 thereof, namely:- "(a) Eight Members appointed by the Common Council of the City of Saint John. ". vc�.Z -*1 Oleusc Your Committee begs leave to report further that it sat on March 10th, 1975 when there were present Co lr�m' Mayor Flewwelling and Councillors Cave, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, namely:- Are 2- That the terms of reference of the Saint John Port Development Commission which were adopted by J Council That of January 27th, 1975, be amended by substituting the following in lieu of sub - section (a) of Section 1.1 thereof, namely:- "(a) Five Members appointed by the Common Council of the City of Saint John. ". Respectfully submitted, 17th March, 1975, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Kipping Seconded by Councillor Hodges RESOLVED that the above report be received and filed and the recommendation: contained therein adopted. On motion of Councillor Hodges Seconded by Councillor M. Vincent RESOLVED that Committee, the following appointments be made, namely:- l in accordance with the recommendation of the Nominating to the Civic improvement and Beautification Committee: Mr. Paul Price to the Tourist and Convention Promotion Committee: Mr. Joseph McVicar to the Appeal Committee - Water and Sewerage Rates: Mr. Ralph J. Stephen, Chairman, Mrs. Graeme Somerville, Mr. Richard Shiels, Mr. D. H. Garey, Secretary to the Saint John Port Development Commission: Mr. Charles Kane (for 2 years) (Council nominee) Mr. Ralph Daley (length of term to be determined among membership) (District Waterfront Council, I.L.A. nominee). On motion of Councillor Davis r- "ory71W Seconded by Councillor MacGowan e, e-9-V 6 RESOLVED that as recommended by the Land Committee, who advise that R. -Dole further to Common Council approval of February 17th, 1975 for payment in the amount of $17,460.00 to Atlantic /�� Wholesalers Ltd. for the relocation of their Cash & Carry Division building located on Bayside Drive, due to /t the unusual structure of this building the actual cost of relocating the building amounted to $20,547.79, /G°� authority be granted for payment of the amount of $3,087.79 to Atlantic Wholesalers Ltd. which is the amount of the additional cost charged by the contractor to relocate the said building, the said building relocation being necessary to facilitate the Bayside Drive road widening scheme. Councillor Davis, Chairman of the Land Committee, advised that the above matter is as follows:- the amount of $17,460.00 to move the above noted building was not a quote but an estimated cost and when S. W. Johnston & Sons Ltd. started to move this building they found that the posts were imbedded into the footings and the posts had to be cut off which caused the estimated cost to increase. He stated that the Land Committee is quite sure that this was a proper expenditure and has no alternative but to recommend the payment of the above named additional amount of $3,087.79. On motion of Councillor Green Seconded by Councillor Davis ���OiZ� /.SeD� RESOLVED that in accordance with the recommendation of the Land Committee, ayment in the amount of $193.00 to Roy de Stecher & Associates Limited for two up -to -date appraisals prepared �� on properties required for the South Market Wharf project, at the request of the Land Committee, be authorized. 439 The by -law entitled, "A By -Law to Amend a By -Law to Regulate the Subdivision of Land Within The City of Saint John ", was read in its entirety prior to the adoption of the above resolution. • On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the letter from the Executive Director of Operations submitting a Lease Agreement between the City and Canadian Pacific Limited regarding Mileages 2.09 and 3.09 on 16,6-we the Shore Line Subdivision, which is for a portion of the gravity sewer known as the Western Area Collector Sewer and which runs roughly parallel to the throughway in the area of the Lancaster Sewage Treatment Plant, Oealer and advising that subsequent to Common Council resolution of December 16th, 1974 which referred this matter to October t the Legal Department, the Works Department has found that both the original lease agreement, dated cvc;99C✓i1?`�& 16th, 1974, and the amended agreement, dated September 16th, 1974, which we were attempting to have processed ' at the meeting of Council of December 16th, 1974 were in error, and further advising that the Legal Department advised that the said Executive Director write to the said Company requesting that a new agreement be drawn up to reflect the true and proper charges, which he has done hence the new agreement which is being submitted at this time, and stating that it would now be in order for the City to have this agreement executed and that he is finally satisfied that the lease agreement now dated February 13th, 1975 that is being submitted does LL�s reflect the proper changes, and is in order, be referred to the Legal Department for perusal of the said O/^ agreement and for a report back to Council. ' 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 /7 reports O�j�m� Your Committee begs leave to report that it sat on February 17th, 1975 when there were present Mayor j" i9le Flewwelling and Councillors Cave, Gould, Green, Higgins, Hodges, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, namely:- %NiY�91 0 r 1. That the terms of reference of the Saint John Commerce and Industry Commission which were adopted by pjeeA�p Council resolution of January 27th, 1975, be amended by substituting the following in lieu of sub - section (a) J.✓ ,� of Section 1 thereof, namely:- "(a) Eight Members appointed by the Common Council of the City of Saint John. ". vc�.Z -*1 Oleusc Your Committee begs leave to report further that it sat on March 10th, 1975 when there were present Co lr�m' Mayor Flewwelling and Councillors Cave, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendation, namely:- Are 2- That the terms of reference of the Saint John Port Development Commission which were adopted by J Council That of January 27th, 1975, be amended by substituting the following in lieu of sub - section (a) of Section 1.1 thereof, namely:- "(a) Five Members appointed by the Common Council of the City of Saint John. ". Respectfully submitted, 17th March, 1975, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Kipping Seconded by Councillor Hodges RESOLVED that the above report be received and filed and the recommendation: contained therein adopted. On motion of Councillor Hodges Seconded by Councillor M. Vincent RESOLVED that Committee, the following appointments be made, namely:- l in accordance with the recommendation of the Nominating to the Civic improvement and Beautification Committee: Mr. Paul Price to the Tourist and Convention Promotion Committee: Mr. Joseph McVicar to the Appeal Committee - Water and Sewerage Rates: Mr. Ralph J. Stephen, Chairman, Mrs. Graeme Somerville, Mr. Richard Shiels, Mr. D. H. Garey, Secretary to the Saint John Port Development Commission: Mr. Charles Kane (for 2 years) (Council nominee) Mr. Ralph Daley (length of term to be determined among membership) (District Waterfront Council, I.L.A. nominee). On motion of Councillor Davis r- "ory71W Seconded by Councillor MacGowan e, e-9-V 6 RESOLVED that as recommended by the Land Committee, who advise that R. -Dole further to Common Council approval of February 17th, 1975 for payment in the amount of $17,460.00 to Atlantic /�� Wholesalers Ltd. for the relocation of their Cash & Carry Division building located on Bayside Drive, due to /t the unusual structure of this building the actual cost of relocating the building amounted to $20,547.79, /G°� authority be granted for payment of the amount of $3,087.79 to Atlantic Wholesalers Ltd. which is the amount of the additional cost charged by the contractor to relocate the said building, the said building relocation being necessary to facilitate the Bayside Drive road widening scheme. Councillor Davis, Chairman of the Land Committee, advised that the above matter is as follows:- the amount of $17,460.00 to move the above noted building was not a quote but an estimated cost and when S. W. Johnston & Sons Ltd. started to move this building they found that the posts were imbedded into the footings and the posts had to be cut off which caused the estimated cost to increase. He stated that the Land Committee is quite sure that this was a proper expenditure and has no alternative but to recommend the payment of the above named additional amount of $3,087.79. On motion of Councillor Green Seconded by Councillor Davis ���OiZ� /.SeD� RESOLVED that in accordance with the recommendation of the Land Committee, ayment in the amount of $193.00 to Roy de Stecher & Associates Limited for two up -to -date appraisals prepared �� on properties required for the South Market Wharf project, at the request of the Land Committee, be authorized. 440 On motion of Councillor M. Vincent f�.l�nn. fears, rn/n, Seconded by Councillor Hodges RESOLVED that the letter from the Municipal Planning Director submitting a map for the information of Common Council, which shows the location of fifteen proposed major housing developments under process by the Planning Advisory Committee and /or the City's Planning tT06C 5��9 ,,,L Department, and advising that the accompanying table on the plan shows both the number of dwelling units dQ(/B/66A",0�° S proposed for the sub - divisions and the approximate estimated number of units in the first phase of each, <m�,° /+� and that this plan does not show small sub - divisions of less than 50 potential units, proposed sub - u�d���r° ,9 divisions which cannot be approved for one reason or another, and a number of small apartment projects such as Caldo Ltd.'s proposal for two 24 -unit buildings between Jack Street and Hawthorne Avenue (ex- tension) and a similar proposal by Mr. Robert Bustin for the Speedway Express property on Molson Avenue, and further advising that there may also be pending proposals of which the Planning Department is as yet unaware, and noting that the plan does show a great deal of current effort by local developers and builders to provide serviced lots and building for the housing market in Saint John -- be received and filed. Councillor MacGowan stated that she hopes that all the Council members have noticed the pro- posed northern expressway on the above mentioned plan, and she noted that this shows one plan, and that 4* / �/ �rh there is another plan available. She urged that the Council members take a tour to see the area we are GJX9SSGUay discussing for the said expressway. She stressed that the Council must approve one plan or the other for // ✓, the expressway route. t7qeen ex yressd {�oe�lw °D d /o�i9 ,C /oyd 81/P,at�%ie� �y SM (Councillor Gould entered the meeting at this time) Councillor Davis noted that the submission from Mr. Zides regarding proposed developments of over 50 units shows there is to be a final total of 7,060 homes in these 15 projects in the long range and 2,668 units in the first phase of these proposed sub - divisions. He asked if Mr. Zides could explain the status of these projects. Mr. Zides advised that they are at various stages of completion prior to actual building. Councillor Davis asked if any development is going to take place at the Brentwood location (the report shows there are to an immediate 200 units). Mr. Zides advised that the Brentwood people are dealing with local builders to buy up and to put up about 200 units in a series of 12 -unit buildings. Councillor Davis noted that in the East End Assembly project there are 554 units proposed for the first phase and he asked if there are 554 vacant serviced lots available now. Mr. Zides stated that the figure 554 is the number of housing units that could be erected in the first phase of the devel- opment. .He explained that the submitted plan and graph shows the actual plans that are being processed by the Planning Advisory Committee or the Planning staff, the number of units in the total plan and the number of potential housing units in the first phase, as the developers now see it. With regard to the Andave development shown on the plan, Councillor Davis noted that this is the property that the City recently bought and is holding for the Housing Commission;. the New Brunswick Housing Corporation wanted it for co- operative housing. He asked if the 64 units for the said Andave project is for co- operative housing. Mr. Zides replied that 64 is the number of housing units that could be placed in that sub - division assuming that the zoning does not change. On motion of Councillor MacGowan Seconded by Councillor Kipping RESOLVED that the Common Council request that the City staff arrange a tour for the Council members for either the week of March 17th or the week of March 24th so that the Council members can view the three proposed routes for the Northern Expressway. On motion of Councillor Green Seconded by Councillor Gould RESOLVED that the letter from the Rockwood Park Advisory Board calling attention to the fact that due to blasting and excavation for the throughway, there exists an extremely hazardous and dangerous condition which could result in the serious injury, or the loss of life, to visitors of Rockwood Park, and advising that throughway blasting has created along the entire eastern boundary of the campsites in the Park a sheer drop of between 40 and 50 feet and that as the campsite officially opens the week of May 25th, there is a high risk in that young children and unsus- pecting adults could fall over the edge of this cliff, and therefore the said Board resolved to write to the Common Council to record its concern and alarm over the hazard to citizens that is being created in the throughway construction that is presently under way, adjacent to and in the Rockwood Park campsite, and to urge immediate action to fencing this area where a precipice of 40 to 50 feet in height over a length of at least 500 feet has been left, and therefore recommending that the Common Council request the appropriate department of the Provincial Government to commence immediately the construction of a suit- able security fence along this area, and further, request that this fence be completed at least two weeks before the opening of the trailer and campsites - and pointing out the severity of this situation and, also, that this year thousands of Boy Scouts will be camping in this area of the Park during their 1975 International Camporee and the Board would not want to see such an occasion marred by injury, or loss of life -- be received and filed and the recommendations contained therein adopted. The Council agreed that not only will the Provincial department concerned be requested to take above requested action, but that the horseback riders who use Rockwood Park are to be warned of the rdous situation described in the above letter from the Rockwood Park Advisory Board. On motion of Councillor Gould • • • Seconded by Councillor M. Vincent ' RESOLVED that Mr. Lloyd Fairweather, President of the Saint ohn District Council of Home & School Associations, be permitted to speak regarding the letter submitted t this meeting from the said Associations which relates to the construction of safety sidewalks for the enefit of school students, in the year 1975• Mr. Fairweather advised that with regard to the request contained in the Associations' letter hat a safety sidewalk be constructed in the immediate area of the Latimer Lake School, the people of hat area would like to have this sidewalk go one mile towards the trailer park that has been established ut there as quite a few of the students walk in front of this trailer park - more so than in the other irection from the School - that is, they would like to have this done rather than have the sidewalk go ne -half mile on each side of this School as is the usual practice for these safety sidewalks. He stated hat the remainder of the request is as stated in the letter from the Association, plus the School at artinon- Ketepec where they request that the existing safety sidewalk be extended in both directions. • I S/Wi esT A ssoCOIITI �%ssor°i ��v�s- t�alzs° iPu6/ �p1 Pone a�hd \J P�rr1/`t rNJ ioo2 10.0e) 441. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the request submitted by the Saint John District Council of Home & School Associations, that the Common Council include in its fiscal budget for the coming year as much monies as is possible for the construction of safety sidewalks for the benefit of those students who must walk to and from school, and that safety sidewalks be constructed in the immediate areas of the Grandview Avenue School and the Spruce Lake School, and the Latimer Lake School (and that the safety sidewalk for this School not be constructed on either side of the school for one -half mile, but rather, that it be constructed one mile in the direction of the trailer park that has been established in this area as quite a few of the students walk in front of this trailer park, more so than in the other direction from this school), and that the safety sidewalks constructed in the areas of the Loch Lomond School, the Lakewood School, the South Bay School and the Martinon - Ketepec School be extended in both directions -- be referred to City staff for a report to the Committee on Budget. On motion of Councillor M. Vincent Seconded by Councillor Kipping RESOLVED that the letter from Mr. Keith A. Mills, President of Associated Investors of Canada Ltd., Edmonton, Alberta, advising that this company is presently negotiating the sale of a 2 -acre parcel of land on Woodward Avenue to a Maritime -based company and because this parcel of land is quite low -lying requiring substantial fill to bring the,property to proper road grade level, the company would appreciate the Council's consideration in waiving or reducing this sub - division eight per cent tax on res- tricted industry land on Woodward Avenue with regard to this parcel of land, and stating that it would appear that the City of Saint John would enjoy additional commercial assessment as this property is developed, be referred to the Legal Department for an opinion and a report back to Council. Councillor Davis stated he does not feel that the Council should burden the Legal Department with such a matter because it is asking for an exception to a rule to which we have no exceptions. Councillor Davis voted "nay" to the above motion On motion of Councillor Kipping Seconded by Councillor MacGowan RESOLVED that the letter from Mr. Gilbert Kenny requesting that his application for a building permit regarding the proposed motel on the building lot at the corner of Ocean Westway and Lorneville Road that he desires to build.be reconsidered, be received and filed and Mr. Kenny's application for a building permit be reconsidered. Mr. Zides pointed out that in a letter he wrote to Mr. Kenny dated August 20th, 1974, Mr. Kenny was advised his request for a building permit had been refused because the area would have to be re- zoned. Mr. Zides advised that the question in this matter is really one of re- zoning, first, and that Mr. Kenny has been turned down twice before in this same matter. Councillor Kipping commented that this matter points up the previous discussion at Council when the Planning Advisory Committee was asked to come forward with a recom- mendation that would bring in legislation allowing the Council to refuse to hear repeated rezoning applications. (Councillor Kipping noted that at present, there is no law which says a person may not come back to Council to make repeated applications for rezoning after having been refused. Councillor Davis pointed out that the iPlanning Advisory Committee brought in the said proposed regulation and the Council turned it down. Question being taken, the motion was lost with Councillors Kipping, MacGowan and Hodges voting "yea" and the Mayor and Councillors Green, Davis, M. Vincent and Gould voting "nay ". On motion of Councillor Davis Seconded by Councillor M. Vincent RESOLVED that the Common Council support the boycott of California - grapes and lettuce, as requested by the Saint John United Farm Workers Support Committee. �",`r^ — Councillor Gould withdrew from the meeting during the putting of the question regarding the above S;,%(47 motion, as he was not present at the meeting during the presentation made by the said Saint John United Farm t = ��eaajZ/,04.Workers Support Committee in this matter. Councillor Kipping noted that, after considering all the material before the Council, there is nothing to indicate that the City of Saint John has gained, or could gain sufficient insight into this problem to warrant taking an official stance. He noted that we have collective bargaining problems of our own which he have not solved yet, and he asked how can we presume to help solve this extremely complex situation occurring three or four thousand miles away in another country. He stated that, in his opinion, it is a delusion to think that we can help those who need help in this unfortunate situation. He advised that he will not support such a motion. Councillor Green commented that there is no problem in showing how we can support the request of the said Committee because all we have to do is stop buying grapes and lettuce, and that is what he intends to do. Councillor Kipping voted "nay" to the above motion. Councillor MacGowan noted that the above motion means that the Council members personally will boycott these products. On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that the Common Council support the movement for justice in the grape and lettuce fields in California, United States of America, by declaring Saturday, March 22nd, 1975 [/ United Farm Workers Day. �rpy/�� , Question being taken, the motion was carried with Councillors Davis and Kipping voting "nay ". Councillor MacGowan called attention to the fact that the demolition of buildings on the western side of Dock Street has created quite a drop between the level of that street and the land behind the street which is dangerous for pedestrians walking in that particular part of Dock Street. She was prepared to place this Awce item on the agenda by motion, when Councillor Davis pointed out that her intention of asking that a suitable nl security fence be erected along this section of the said sidewalk, will be taken care of under the provisions /T J� of the by -law, immediately the demolition work is completed there. 44 w Councillor M. Vincent recalled that at the last meeting of Council he requested a response to Cry/ the appearance before Council by a delegation from Century 21 on the Hickey Road and he noted that the City Manager has provided the requested report to Council, as an item for information purposes. He ,Stca7/Jr�dd%^,06 asked that a copy of the said report be forwarded to Mr. E. Bannister, the spokesman for the said ,may ��ly delegation. The Mayor advised that Mr. Barfoot will forward a copy of this report to Mr. Bannister. ✓�/ S� On motion of Councillor Hodges Seconded by Councillor" M. Vincent RESOLVED that this meeting continue, in legal session. L E G A L Consideration was given to a letter from the City Solicitor, dated March 14th, 1975, in the matter of having an examination and review conducted into the Rules and Regulations of the Saint John City Police Force at the present time in view of the recent Arbitration Board Decision, advising that /, ,/ ��`�a /` p while there are undoubtedly conflicts in existence between the Rules and Regulations and the Working Agreement, and also the various Statutes, and even conflicts within the Rules and Regulations, he believes that the Council ought to request the views of the Chief of Police before officially under- taking a study of this matter, and submitting, for the Council's information, two opinions that he has recently given to the City Manager and Chief of Police with respect to questions arising out of the recent Arbitration Board Decision. Councillor M. Vincent stated that his reason for broaching this matter originally was because several months have elapsed with regard to the stipulation that the Rules and Regulations be reviewed after a five -year period. On motion of Councillor MacGowan Seconded by Councillor Gould 'TalT RESOLVED that the Chief of Police be asked for his views with es regard to having an examination and review conducted into the Rules and Regulations of the Saint John _ /ig City Police Force, and that the matter then come back to Common Council. �O/ ee On motion The meeting adjourned. Commo lerk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty - fourth day of March, A. D. 1975, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Officer, D. Buck, Redevelopment Officer, D. Carter, Economic Co- Ordinator, E. W. Ferguson, Chief of Police, D. French, Director of Training and Personnel, J. Gabriel, Assistant Director of Parks, G. Baird, Executive Director of Economic Development, S. MacDonald, Director of Promotion and S. Armstrong, Engineer with the Works Department The meeting opened with silent prayer. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the minutes of the meeting of Common Council, eld on March 10th last, be confirmed. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the minutes of the meeting of Common Council, eld on March 17th last, be confirmed. On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that the letter from the City Manager advising that the 02c Recreation and Parks Department and the Saint John Figure Skating Club have worked out satisfactory financial arrangements for the exclusive use of the Lancaster Centennial Arena for the operation of a figure skating school from July 7th to August 30th, 1975, with registration period being from March 1st •/J /�� to July 7th, the rental of the Arena for this programme to be $17,000.00, to be paid by the Club as follows:- (1) a deposit of $3,500.00 to be paid on or'before May lst, 1975; (2) $5,000.00 to be paid on 1J �and r before July 18th; (3) the said $5,000.00 to be accompanied by a cheque post dated for August 1st, /yam /-� _ the ✓ :iZ2�4 d / / 5 advisingathattitfwas�furrther agreed ethatgshouldsthecSchoolgnot materializeabetweenpMayolst $landOtheO • • • LI A 443 Ff K /"e time the refrigeration plants are turned on, a $500.00 forfeiture will be retained by the City, and it was also syel!i n q agreed that after July 7th, the first day of instruction, the Arena is committed to this programme until its • SC//0O� completion on August 30th, 1975 subject to other agreed conditions being met - and noting that while certain activities would be lost because of the figure skating school, the benefits to the local club and the community /G?hCdBH more than justify the initiative taken, particularly when the rental charges will cover the operating cost for this period of time - and advising that the programme is recommended by the Director of the Recreation and �6OjZ�I7If• Parks Department, and supported by the Recreation and Parks Advisory Board -- and recommending that the Common lj0 ef9a Council approve the said Summer Figure Skating School in the said Arena under the conditions as outlined, be received and filed and the recommendation adopted. Councillor M. Vincent stated he wonders how many people would be involved in figure skating in the ' above Arena in the summer months. Councillor Higgins noted that the rental is $17,000, to his knowledge, no matter how many attend. Councillor MacGowan asked if the Lancaster Centennial Arena was used in previous summers for speed skating and if this figure skating school is replacing that use. Councillor Higgins replied that there.is a possibility that speed skating might be worked in, but as it turned out over the past few years it was the professional figure skaters who came in and were actually teaching the power skating - the proper way for hockey players to skate. Councillor MacGowan stated that it is her interest that in this home city of the famous speed skater, Charles Gorman, speed skating would be promoted somewhere along the line. ol- Q- .`/Jif Councillor Gould asked if the Figure Skating Club has any plans of re- renting the Arena during the term July 7th to August 30th. Mr. Barfoot replied that, to his knowledge, this is for a figure skating school and it is ' for the said Figure Skating Club to organize a programme. Councillor Gould stated that his reason'in asking was that, at some time at a meeting of the Recreation and Parks Advisory Board that type of a conversation had been entered into but he was not sure, and he was just wondering if that point had been verified or cleared. On motion of Councillor Higgins On motion of Councillor M. Vincent Seconded by Councillor Gould .48e hbr. RESOLVED that as recommended by the City Manager, authority be granted f.XpQMS /4J7 for payment of the following construction progress certificates, and approved invoices for engineering services ,r regarding projects that have been undertaken under the Department of Regional Economic Expansion programme: - COM�� 'd' seal I. Milford- Randolph - Greendale Collector Sewer GtY12� F6 Giffels Associates Ltd. �SSa• �� Engineering Services Payments previously approved $ 119,155.65 Sum recommended for payment, Progress Estimate Number 40, Invoice Number 23140, March 6, 1975 $ 2,251.86 McAllister Drive Arterial Murdoch- Lingley Limited +1� Engineering Services /OYfA I Payments previously approved $ 6,577.75 Sum recommended for payment, Invoice of February 28, 1975 $ 7,831.25 // 3• Spruce Lake Intake S Vwe:e �e *4e MacLaren Atlantic Limited -,e, e Engineering Services /ape Payments previously approved $ 23,887.76 Sum recommended for payment, Progress Estimate Number 2, / Invoice H -0028, February 26, 1975 $ 16,715.99 Noting that the payment to MacLaren Atlantic Limited regarding the Spruce Lake Intake engineering services makes a total of $40,603.75 that has now been paid to this engineering consultant firm, Councillor A. Vincent asked for an explanation of the contract arrangements in this matter, that is, what is the estimate, or what is the total cost of this firm's services for this particular work. Mr. Barfoot advised that the approval of Council was for their services to be engaged on a time basis as carried out on the minimum scale of the New Brunswick Association of Professional Engineers; this invoice takes their services up to February �� 26th; the job of intake installation has now almost been completed except for a few minor clean -up jobs. He + p1WC e IjFvRQ stated that a full estimate of the costs could be brought in for the next Council meeting. Councillor A. fnaIr7L1 e Vincent stated that he would also like, for the next regular meeting of Council, in open session a progress report on whether we are going to take legal action to recover our costs for the second installation of the fe, tie Spruce Lake intake pipe and all its surroundings. PfPe Seconded by Councillor Hodges S.ek le-70e RESOLVED that the letter from the City Manager, advising that Mr. A. R. Ellis, Building Inspector, will be absent from his office for a period of approximately one month or six weeks, starting immediately, for medical reasons, and that as the Building By -Law requires that either the Building Inspector or in his absence, the Deputy Building Inspector, exercise such powers and duties as are ��,? / CU. //7/ P _ provided in the By -Law, it is recommended that Mr. G. P. Heffernan, Plans Examiner, be appointed Deputy Building Inspector to act as Deputy Building Inspector during the absence of the Building Inspector for 9, medical reasons, be received and filed and the recommendation adopted. Mr. Barfoot explained that the Building By -Law requires that there be either a Building Inspector or a Deputy Building Inspector to sign building permits, et cetera, and it is therefore necessary to designate one of the staff to do this work, and, if the Council approves the above recommendation, this work will be done properly. Councillor A. Vincent stated he would assume that if this man takes over the Building Inspector's job he would receive the Building Inspector's salary while he is doing that job, although he notices there is nothing in the City Manager's recommendation regarding the salary this man would be paid during that time. He stated he feels it is very unfair to ask another person to up -grade and do another job and not be paid the same salary for that job that the incumbent receives. Mr. Barfoot replied that this position is covered within the working agreement and the appropriate adjustment will be made. Councillor A. Vincent stated he understands that other employees have done the work before and have not received remuneration and he wants to make sure that it would be covered in this instance. He added that he is supporting the City Manager's recommendation provided Mr. Heffernan will be given the same amount of money for doing the same job. Mr. Barfoot replied in the affirmative. Councillor Gould asked if Mr. Heffernan is going to be a permanent Deputy, and if this recommendatio has the effect of creating the position of Deputy Building Inspector that we have not had before. Mr. Barfoot pointed out that the recommendation is to appoint Mr. Heffernan as the Deputy Building Inspector during the absence of Mr. Ellis. Councillor Green asked if Mr. Ellis had been compensated for assuming the job of Standards Officer in addition to the job of Building Inspector. Mr. Barfoot replied that he was not so compensated. Councillor Green suggested that the City Manager look into this matter, as well, on the same line of thought as the matter raised by Councillor A. Vincent. On motion of Councillor M. Vincent Seconded by Councillor Gould .48e hbr. RESOLVED that as recommended by the City Manager, authority be granted f.XpQMS /4J7 for payment of the following construction progress certificates, and approved invoices for engineering services ,r regarding projects that have been undertaken under the Department of Regional Economic Expansion programme: - COM�� 'd' seal I. Milford- Randolph - Greendale Collector Sewer GtY12� F6 Giffels Associates Ltd. �SSa• �� Engineering Services Payments previously approved $ 119,155.65 Sum recommended for payment, Progress Estimate Number 40, Invoice Number 23140, March 6, 1975 $ 2,251.86 McAllister Drive Arterial Murdoch- Lingley Limited +1� Engineering Services /OYfA I Payments previously approved $ 6,577.75 Sum recommended for payment, Invoice of February 28, 1975 $ 7,831.25 // 3• Spruce Lake Intake S Vwe:e �e *4e MacLaren Atlantic Limited -,e, e Engineering Services /ape Payments previously approved $ 23,887.76 Sum recommended for payment, Progress Estimate Number 2, / Invoice H -0028, February 26, 1975 $ 16,715.99 Noting that the payment to MacLaren Atlantic Limited regarding the Spruce Lake Intake engineering services makes a total of $40,603.75 that has now been paid to this engineering consultant firm, Councillor A. Vincent asked for an explanation of the contract arrangements in this matter, that is, what is the estimate, or what is the total cost of this firm's services for this particular work. Mr. Barfoot advised that the approval of Council was for their services to be engaged on a time basis as carried out on the minimum scale of the New Brunswick Association of Professional Engineers; this invoice takes their services up to February �� 26th; the job of intake installation has now almost been completed except for a few minor clean -up jobs. He + p1WC e IjFvRQ stated that a full estimate of the costs could be brought in for the next Council meeting. Councillor A. fnaIr7L1 e Vincent stated that he would also like, for the next regular meeting of Council, in open session a progress report on whether we are going to take legal action to recover our costs for the second installation of the fe, tie Spruce Lake intake pipe and all its surroundings. PfPe 444 Capra / Bud�ree- 19her7a S A..D.Z, I_rL. Tenders to Col // Fire 17e ,Rz� F%ae cv /aas�7 �u arJ'Pep tiw, On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the City Manager, authority be granted for payment of the following engineering progress certificate on the following named contract that is included in the Capital Budget:- 1. Community Arenas A. D. I. Limited Engineering Services Payments previously approved $ 101,366.37 Sum recommended for payment, Progress Estimate Number 6, February 28, 1975 $ 5,316.83 Noting that the City has spent over $100,000.00 on design for the community arenas, Councillor A. Vincent asked if there is a maximum or a percentage of what these three arenas are going to cost - he added that if the consultants are going to make over $100,000.00 and we have only the foundations in, what is the fee going to be when skating commences in those three rinks. He stated it is his under- standing that when consultants are hired it is an upset price up to a certain amount of money and that the scales of fees get lower; in this case, he does not think that the scales are lower because he is led to believe that it is the same percentage and if this is so, he believes the City has negotiated a pretty bad deal with the above noted consultants. Mr. Barfoot stated that as a partial answer to the question, this is a percentage contract for the said consultant and these percentages were approved before the start of the work. He stated that he does not have the details with him in this regard but he will be pleased to provide such information. He added that he knows it was a different percentage because of the duplicate work involved in the other two rinks than would normally be the case. He confirmed that payments to this firm are becoming smaller because further progress would just cover on -site work. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager advising that the Fire Department apparatus is purchased from monies provided by the Department's apparatus reserve fund and that scheduled for replacement in 1975 is one truck for fire alarm with an estimated cost of $7,000.00 and that in 1976 a 1050 - gallon pumper truck is scheduled for replacement at an estimated cost of $65,000.00, and that as these figures do not appear in the Department's operating budget, the Council is now being informed of this matter and it is recommended that tenders for the above mentioned units be called at once - be received and filed and the recommendation adopted. In reply to Councillor Kipping's query, Mr. Barfoot explained that an amount is set aside each year in the current budget of the City to provide for the time to time replacement of fire fighting equipment, some of which is extremely expensive and by setting aside a certain amount each year the apparatus reserve fund is carried on and these large purchases are made occasionally and charged back against that fund; the other equipment the City purchases is charged directly against the current budget and included in that year's estimates. Consideration was given to the submission from the City Manager, namely, the Provincial - Municipal Councillor MacGowan discussed with Mr. Barfoot the amount of $300.00 in Schedule "C" of the id agreement, which is the summer maintenance rate to be paid by the Province per lane mile to include tching, curb and gutter maintenance, shoulder maintenance, and replacement of culverts under the road r paved or surface treated roads which are Provincial highways in the city, and felt that this is a low gure compared to the actual cost to the City for doing this maintenance work. Mr. Barfoot stated that, the average, it costs the City far more than this to maintain the Provincial highways but this is a gure which was set as an average figure for the whole province; he added that the $300.00 is per side the road, and that it is $600.00 for a two -lane road for maintenance of roads, not for reconstruction roads - which is entirely a Provincial responsibility. Councillor MacGowan felt that the City should spute this point when the matter comes up for renegotiation and that it should be negotiated before the rangement goes into force. Mr. Barfoot agreed that when it comes up for renegotiation this point rtainly should be disputed by the City, and he noted that it is the intent, he believes, that the ounts to be paid per mile would be revised in accordance with actual cost, and he advised that the gure of $300.00 which is set as an average figure for the whole province does not reflect too much the avy traffic within the city. In reply to Councillor MacGowan's question as to how the totals for rater maintenance and summer maintenance on Schedule "E" of the agreement compare with the City's own tal budget costs on street mileage for its own streets, Mr. Barfoot stated the said Schedule totals are ch lower because the volume of traffic on city streets is considerably above the provincial average. Councillor Davis noted that paragraph 12 of the agreement says that if a municipality does not t to do the maintenance work on provincial highways within the municipality the Province can come in do the same work for the same price, so if we feel the price is too low we just do not do the provincial hways and the Province will do them itself. He noted that paragraph 16 of the agreement provides that agreement shall remain in full force and effect until December 31st, 1974, and he asked if the City negotiated changes in prices or is it negotiable - is the City given the same rates as every other icipality in the province. Mr. Barfoot replied that these rates are standard throughout the province; far as maintaining the highways within the city is concerned, the cities or towns do not have the ion of having the Province maintain them - the cities themselves have to maintain the provincial hways and they are paid for it. • • • • A Highways Agreement which the City Manager recommends be executed on behalf of the City. Noting that % _ /I/�uh there is to be a meeting on April 23rd between the Council and the New Brunswick Cabinet, Councillor A. Vincent asked if this matter could be held up until that date. Mr. Barfoot replied that this item is a payment which is due the City for the year starting January lst, 1974 and running through to December 31st, 1974, but this payment has been held up because of a disagreement on the amount of mileage - this disagreement has now been rectified in the City's favour, and he would ask that this agreement be executed ry91rEe/�7eo/'j� immediately, if possible because it is long overdue. Councillor A. Vincent stated that while this agreement may be in the City's favour he feels it is not in the City's best favour and that the City is coming out on the short end of the agreement and that this is not really the best agreement that the City could negotiate on the expenses that the Province owes the City from the past; he felt that the City should try to negotiate a better agreement, for if the City accepts this proposed agreement it makes it that much harder for the City to get the next one. Mr. Barfoot pointed out that this agreement is based upon the number of miles of what the Department will recognize as Provincial highways within the City, and he believes this to be a good agreement, after having been negotiated ever since 1973. He pointed out that the City gained $15,000.00 approximately from this negotiation on the mileage on a total of $164,000.00. Councillor MacGowan discussed with Mr. Barfoot the amount of $300.00 in Schedule "C" of the id agreement, which is the summer maintenance rate to be paid by the Province per lane mile to include tching, curb and gutter maintenance, shoulder maintenance, and replacement of culverts under the road r paved or surface treated roads which are Provincial highways in the city, and felt that this is a low gure compared to the actual cost to the City for doing this maintenance work. Mr. Barfoot stated that, the average, it costs the City far more than this to maintain the Provincial highways but this is a gure which was set as an average figure for the whole province; he added that the $300.00 is per side the road, and that it is $600.00 for a two -lane road for maintenance of roads, not for reconstruction roads - which is entirely a Provincial responsibility. Councillor MacGowan felt that the City should spute this point when the matter comes up for renegotiation and that it should be negotiated before the rangement goes into force. Mr. Barfoot agreed that when it comes up for renegotiation this point rtainly should be disputed by the City, and he noted that it is the intent, he believes, that the ounts to be paid per mile would be revised in accordance with actual cost, and he advised that the gure of $300.00 which is set as an average figure for the whole province does not reflect too much the avy traffic within the city. In reply to Councillor MacGowan's question as to how the totals for rater maintenance and summer maintenance on Schedule "E" of the agreement compare with the City's own tal budget costs on street mileage for its own streets, Mr. Barfoot stated the said Schedule totals are ch lower because the volume of traffic on city streets is considerably above the provincial average. Councillor Davis noted that paragraph 12 of the agreement says that if a municipality does not t to do the maintenance work on provincial highways within the municipality the Province can come in do the same work for the same price, so if we feel the price is too low we just do not do the provincial hways and the Province will do them itself. He noted that paragraph 16 of the agreement provides that agreement shall remain in full force and effect until December 31st, 1974, and he asked if the City negotiated changes in prices or is it negotiable - is the City given the same rates as every other icipality in the province. Mr. Barfoot replied that these rates are standard throughout the province; far as maintaining the highways within the city is concerned, the cities or towns do not have the ion of having the Province maintain them - the cities themselves have to maintain the provincial hways and they are paid for it. • • • • A • A"'Ptl -A/I. n- /j% / ?fjl -?YS #Vri°iPsWbwe h roayye adlo- o7irw' Y /C 6�r Aroep/Ca ) .Ce�aee sr- 9 f'2po�+ts T /zec Go/ Ze6 ® S�cape d hoot ,"Xtr as�o%a /f 445 In reply to Councillor Green's question, Mr. Barfoot advised that Fairville Boulevard, which is Route 100 on Schedule "A" of the agreement, is included in the provisions of the said agreement, and it is a four - lane highway. Councillor M. Vincent requested that when the City Manager in future brings in an item which describes highways by route numbers, that the Council members be provided with information as to their locations in the city, for identification purposes. On motion of Councillor Kipping Seconded by Councillor MacGowan RESOLVED that this matter be laid on the table until the agreement in question has been scrutenized and approved by the Legal Department. Question being taken, the motion to table was lost, a tie vote having been created with Councillors Kipping, MacGowan, Parfitt, M. Vincent, A. Vincent and Gould voting "yea" and the Mayor and Councillors Higgins, Green, Davis, Hodges and Pye voting "nay ". On motion of Councillor Hodges Seconded by Councillor Pye RESOLVED that authority be granted to the Mayor and Common Clerk to execute on behalf of the City of Saint John the agreement dated March 17th, 1975 between Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Highways and the City, which provides for payment by the Province to the City for providing for winter and summer maintenance on the provincial highways in the City of Saint John listed on Schedule "A" of the agreement effective January 1st, 1974 to December 31st, 1974 and thereafter from year to year subject to any amendments mutually agreed upon between the parties - subject to the said agreement receiving the approval of the City Solicitor. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay" On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that the following convention assistance grants be made, namely:- (1) to District 20 Branch Principals Council of the New Brunswick Teachers Association - the sum of $300.00 towards a dinner to be tendered to delegates attending the 1975 spring conference of the Elementary and Junior High School Principals Council during the period April 10th to 12th, 1975 (provincial meeting); (2) to the Canadian Postmasters Association (Maritime Branch) - the sum of $300.00 towards a dinner to be tendered to 'delegates attending the Maritime meeting during the period May 15th to 19th, 1975; (3) to the University of New Brunswick in Saint John - the sum of $500.00 towards a dinner to be tendered to geologists attending the Penrose Conference of the Geological Society of America during the period May 24th to 28th, 1975 (international meeting) - these grants being made with the proviso that none of these grant monies are to be expended on California -grown lettuce or grapes. On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that the report for February of Technical and Inspection Services, including the Plumbing Division, be received and filed. In reply to Councillor Green's question as to whether the building permit in the amount of $9,986,600.00 to Trizec Corporation Ltd. for Brunswick Square on King Street was just a temporary permit, or to be adjusted, for what, Mr. Barfoot advised he believes this is a building permit for the tower section that has come in for approval, therefore this is for just a portion of the project. Councillor A. Vincent stated he understands, from talking this morning with the general contractor on the Trizec building site, that the tower building is now 22 storeys and the plans are not completed, and he wants to know how we can issue a building permit to Trizec without a set of plans being completed, when it is against the law and when they are not sure whether the design will withstand an earthquake (which is the information he received this morning) - he noted we are in an earthquake zone and we are talking about 22 storeys even though the zoning was changed to permit 30 -odd storeys, and the company has gone from 18 to 22 storeys. He stated he does not want to stand in the way of the construction of this project, but when another developer comes in and wants something he has to have plans, specifications and drawings, and Councillor A. (Vincent does not feel it is being fair, when compared to the Trizec case. He stated he received calls from people in Toronto in the construction business, asking him about the caulking and the reinforced behind the precasts regarding this project, and he knows a meeting took place this morning and he is wondering if we have two sets of rules, and how we could say that a 22- storey telephone tower meets the criteria if the plans are not available. Mr. Barfoot's reply to the question was that, to his knowledge, we are applying the same technique to the Trizec building permit as we apply to any other large building - that as the plans come in and the stages of the building are there the building permits are issued provided they meet the other criteria. Councillor A. Vincent asked that for the next meeting of Council information be supplied as to how that type of a building permit was issued if the plans are not available. Councillor MacGowan asked that, at the same time, the Council be given some information regarding other construction that has taken place that has been granted building permits on the same principle. Mr. Barfoot advised that there are many others. Councillor A. Vincent stated that he has been pointing out that such permits have been granted but it is illegal to issue a progress building permit but we are doing it every day to certain people, and he would like to make it legal that they be issued because he thinks it is common sense to do so. He stated that over three months ago he asked that the City staff bring in the necessary material to amend the Building Code so that progress building permits can be available. On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that the letter from the City Manager, advising that the asphalt contract with the City's supplier, Stephen Construction Limited, provides that the hot mix plant be in operation by April first of each year depending upon the conditions of the City streets, and that this company has agreed to open its plant on March 24th at a price of $25.00 a ton which is $5.00 higher than the agreed upon price of $20.00 for hot mix asphalt so that the City may commence to apply this material prior to April 1st, and that considering the condition of the City streets it is recommended by Mr. J. Claude MacKinnon, Executive Director of Operations, that the city agree to this premium price of $25.00 per ton in order to begin operation by March 24th, 1975, and that it is estimated that the City will use between 700 to 800 tons for that week, and that this will be an additional cost of $3,500.00 over last year with the monies being provided for in the Works Department maintenance budget - be received and filed and authority be granted to purchase hot mix asphalt at a price of $25.00 a ton from Stephen Construction Limited in order to commence the said early start in operations by March 24th, 1975. 446 t/o2� miX Ravi n y C'ouPi. � ��ieegZ ?le�ir �9e roecXi ,c s SAO u,nd�r re�i r f%S�ii� /t p�arit f?e� i r ,g�rwy /�JecLiar/ics e'f�y M12 Unnamed street In reply to Councillor Gould's question regarding the reason for the increase of $5.00 per ton for starting up operations a week early, Mr. Barfoot explained that the contract for which we have a fixed price only runs from April lst and it contains no provision for prices before April lst and it is therefore between the City and the supplier to negotiate a price; the reason that the price is higher is because the daily volume of the plant is very low at this time of year and is only used for pot -hole patching and therefore there has to be a higher unit rate paid for the asphalt. Councillor Gould suggested that when we ask for those bids that it would be wise to arrange for a an extension of time of either a month before April lst or for a month behind, for the same price in providing the asphalt material in order to preclude this arranging for supplying the material before the April lst date of start of operation of the hot mix plant, and to preclude any impression that people are taking advantage of the situation. Councillor A. Vincent stated he understood that one of the key things when the City opened the contract with this company for the supply of asphalt and gave a substantial increase in price was this matter of early supply of asphalt. He noted that the Works Department maintenance budget which he understands was made up in November of 1974 contains provision for this extra $5.00 per ton for this material for 1975 spring street conditions. He stated that he is not in favour of adopting the recom- mendation for paying this extra amount on the price, and he proposed an amendment to the motion, which was not seconded, that the City call tenders for this particular amount of asphalt. The Council members pointed out to him that this material is needed now. Councillor MacGowan advised that it was suggested to her that a cold mix asphalt would be more successful for filling in the pot -holes on streets if we used a propane gas torch to heat the pavement before we put the cold mix asphalt in. She asked if this method could be looked into for next year. The Mayor replied that he will look into this suggestion. She stated that she has been reminded that the water on the streets is what has been creating the problem, and she felt that a vacuum could be used at the same time, to remove the water, when filling in these pot- holes. Councillor A. Vincent, in reply to the suggestion, recalled that it was done at the time Mr. E. L. Teed, Q. C., was Mayor and it saved the City a lot of money, and the method of drying out the area where the patch is to be made is used on streets in Newfoundland and in the cities of Char - lottetown and Halifax with success. Councillor MacGowan felt it would be much cheaper to use this method, as suggested by her, rather than have to patch the holes in the streets, repeatedly. Councillor Green urged that there be no delay in proceeding with the repairing of the holes in the streets, which is badly needed. Councillor Kipping feels that from a business standpoint it is a good suggestion that we should call tenders when we are given a price like this, which is a twenty -five per cent increase over the price for the same period and the same material as last year's; he feels we certainly should call tenders and we had better be very careful about that, from now - they have been called for the over -all contract, which is a different matter; it appears that the plant has had to open up early for a good many years, and he therefore suggests that the City extend the period of the contract to cover from March lst, if necessary - and therefore avoid the possibility of the City having no other option but to accept the price the contractor would name. In reply, Councillor A. Vincent pointed out that the City is not in a position to handle the operation of the asphalt plant. He stated that out of the total number of pieces of equipment the City has, 63 of them are down for repairs, and that on March 20th shortly after 8.00 the Mayor and he visited the Works Department and found that we were supposed to have 14 mechanics at work, but he only found one, working. He stated that on that date there were 5 hired trucks, 5 big trucks down for repairs, the backhoe has been in for repairs for 93 days in the repair garage, and the spreader is there but no -one is working on it. He stated he was giving this information to show that the.City is not equipped for the operation of the asphalt plant, and we are starting an asphalt crew with all rented trucks as the City's trucks are broken down. He felt that by calling tenders for the asphalt it would give time to make the City's equipment ready for the City's lying of asphalt operations. In reply to Councillor MacGowan's question as to how many asphalt crews are out this date, Mr. MacKinnon stated that there are eight paving crews out and probably some of the crews will be taken down to work with the grader which is out; these crews are not being held up in their work for lack of equipment. In reply to Councillor Gould who asked if rented equipment is being used for that work, Mr. MacKinnon stated that rented equipment is hired as required; normally, we use City equipment on the asphalt crews - if the rented equipment is required for the streets activities it would then be rented; on the occasion of the March 20th visit of the Mayor and Councillor A. Vincent to the Works Department, we were down quite a number of pieces but all of the equipment is operating, not only on asphalt but on streets and any other activity - it had no opportunity to get in - we have had quite a number of pieces down for repairs and there are a number of mechanics sick and although there was somebody operating on the spreader, the spreader will not be in operation for at least another month and we do not need it for another month because we do not start using it until the warmer temperatures. He stated he believes that for the last few years the asphalt operations on the streets commenced a week or three or four days earlier, starting around March 20th in 1974 and we had approximately the same number of asphalt crews out then, or perhaps a few less, because we did not have the same conditions then - however, this year, we have about eight and are looking for an additional eight men, now. Councillor A. Vincent asked for a report as to why we only had one mechanic working on March 20th at the Works Department and if it is true that two of the mechanics are out permanently - indefin- itely - on sick leave, and so on, and if we need more mechanics why do we not hire them - we should operate the plant as a business -like operation. The Mayor noted that the City Manager will provide the requested report. On motion of Councillor Green Seconded by Councillor M. Vincent 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 Made Under the Authority of Section 187 of the Municipalities Act, R.S.N.B., 1973" with respect to the closing of the following highway:- C/Jlur►a/er ///'//) I UNNAMED STREET - That street which runs from Water Street to Prince William Street, containing an area of approximately 4,700 square feet, and commonly known as Murder Hill - be read a third time and enacted and the Corporate Common Seal affixed thereto. Jb 0/i(ll 1/ ✓ce ve e p ��t°p�s7t Bearer �sen,Pnt 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 Made Under the Authority of Section 187 of the Municipalities Act, R.S.N.B. 1973 ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor M. Vincent P Seconded by Councillor Hodges RESOLVED that the letter from the City Solicitor to whom had been referred a Lease Agreement between the City and Canadian Pacific Limited regarding Mileages 2.09 and 3.09 on the Shore Line Subdivision, granting permission from the said company to the City to construct and maintain under railway lands of the company sewer pipes occupying and crossing the railway right -of- way between the said Mileages, advising that the policy of the said company requires an agreement in the form of a license between the City and the company and that the rental in respect of this lease is $158.00 per annum and the term of the lease is one year and year to year unless terminated by three • • • it C, J J 447 months notice, and further advising that subsequent to the December 16th, 1974 Common Council meeting when the • matter was referred to the Legal Department, upon examination by the Legal Department it was discovered that the rental for the foregoing license was incorrect and that following discussion between the City and repre- sentatives of the company the agreement is now in order for execution - and recommending that the Mayor and Common Clerk be authorized to execute the said agreement, be received and filed and the recommendation adopted. lnves� ors d+ 7>�ay�ie(re loos/M )7;0A lie&c 0-F req ke5x-, r 14011'er o h rBLiUG� 6G� ' �tayrrrerit comml o� CUf/ o% S.T• fdsy •�'o�+i • �p34ed Cep a� /% oaie a�i �°x f�piS %opi /(aa�nS �COh, Wh5 .5. ✓. fRcy1ot;o X 6/wry GywP,t re i ncvease�o` Ih80M�7 SAV 1.1 i i J C'PQ/7'tS A*P et /'WN0xW 01C �et�W�dJ SG�S %M %PeS �%lliu eA?e rm? rq•�µr�eVN/ cr 4yv • "rY � I /•I• dl/ /�� nn///Ee/(, v e C 6. m PW a Ol e On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the letter from the City Solicitor, to whom was referred at the Council meeting of March 17th, 1975, a letter from Mr. Keith A. Mills, President of Associated Investors of Canada Ltd. for an opinion with respect to the company's request for the Council to waive a requirement under the City's Subdivision By -Law - advising that the Council has no authority to waive or reduce requirements which are established under a by -law, and that there is not enough information in Mr. Mills' letter to establish whether or not his request falls under the exemption provision of Section 25 of the Sub- division By -Law, and that, in view of the foregoing, the City Solicitor suggests that his letter to Council be referred to Mr. Mills and that he be asked to contact the Planning Department of the City of Saint John and outline his proposal with the Planning Director - be received and filed and the said suggestion adopted. 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 begs leave to report that it sat on March 17th, 1975 when there were present Mayor Flewwelling and Councillors Cave, Davis, Gould, Green, Hodges, MacGowan, Parfitt, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendations, namely:- 1. That an amount of approximately $40,000.00, as requested by the Mobile Home Park Committee of the Saint John Housing Commission, be included in the 1975 Capital Budget when the said Budget is presented to Council, for the purpose of the immediate expansion of the Cedar Point Mobile Home Park for approximately 34 lots and the cost of preparation of same at an average cost of $1,200.00 per lot, along with an amount to be determined but suitable to enable the City to obtain the loans that may be available from the Federal Depart- ment of Regional Economic Expansion for this kind of purpose. 2. That the request made by the Board of Commissioners of the Saint John Regional Library be granted, namely, that the Library be granted additional funds in the amount of $5,785.06 to support the relocation costs from the Loch Lomond Shopping Mall to the Westmorland Mall of the East branch of the Library and to provide for six months rent for the said location of the said branch, during 1975, and that the said amount of $5,785.06 be allocated from Unspecified Grants. Respectfully submitted, 24th March, 1975, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Kipping Seconded by Councillor Pye RESOLVED that the above report be received and filed and the recommendations contained therein adopted. On motion of Councillor Green Seconded by Councillor Kipping RESOLVED that in accordance with the recommendations of the Market Committee all partitions between the centre aisle and side aisles of the City Market be removed to afford a more open look to the said Market - this not to include the counters or the meat racks attached thereto which represent part of the history of the Market and which have been in existence since the origin of the said structure, and a neat three -foot high wire mesh, running the length of the counters and affixed to the racks, be provided to form a protective dividing line between the centre and side aisle counters - the cost of these changes being approximately $1,400.00; and the recommendation made by the Insurer's Advisory Organization be followed, namely, that all three - quarter inch pipe of the Market sprinkler system be replaced with one -inch pipe, which would involve about fifty per cent of the Market sprinkler system, the other half being already installed - the cost of this innovation being approximately $12,000.00 - and that the said cost of $12,000.00, approximately, be included in the 1976 estimates that will be submitted to Common Council later in 1975, sitting in Budget Committee. Councillor MacGowan advised that the letter from the Market Committee answers her question regarding removal of the partitions between the Market counters, but she cannot agree with the putting up of the wire mesh because she does not feel the problem of a few years ago - when people were putting their hands through to the other side of the partition - exists now, and she would not like to see the wire mesh there; however, she does not object to the removal of the plywood partitions that are in certain areas, dividing the counters along the aisles of the Market; she feels that putting up the proposed wire mesh would be a backward step. Councillor Pye stated that he has discussed the matter with many of the Market people and they inform him that a partition is very essential, that much pilferage has occurred in the past and they believe it will occur in the future if there is not a wire mesh partition. He added that such a partition, three feet high, would provide the necessary barrier. Question being taken, the motion was carried with Councillor MacGowan voting "nay" with regard to erection of the proposed wire mesh partitions. Councillor A. Vincent noted that consideration should be given to what we are going to do with the Germain Street entrance to the Market which is across the street from the Trizec Brunswick Square development, and he asked that the Mayor consider within a week appointing a small committee of Councillors to meet with the developers of Brunswick Square and so on, to see if we could put either an underground comfort station in front of the Market which would be entered by means of an escalator just inside the Market and which would also be entered from the Hilton Hotel on the other side of Germain Street; this underground facility could be under the present park space at the Germain Street entrance to the Market and there could be a comfort station, a barber shop, hairdressing shop and news stand, and so on, in that underground space, and we would be able to rent the two in the upper end of the Market as renovated space for offices. He stated he feels that now is the time, with the street ready to be torn up, to consider this proposal, and he knows that the developer is anxious to discuss it with somebody. The Mayor replied that he will do as suggested. 448 On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the 11' Planning Advisory Committee, the sum of $560.00 be accepted in lieu of land for public purposes with • respect to the L. Dow Sub - division; this being eight per cent of the value of the new or additional lot, estimated at $7,000.00 by the City's.Real Estate Department which is to be deposited in the trust fund 42/761 for the acquisition or development of land for public purposes (in this instance, a 38,000- square -foot -POW sm6_Ael parcel with a frontage of 200 feet along the south side of Ocean West Way is being severed from the L. Dow property). On motion of Councillor Hodges Seconded by Councillor Higgins RESOLVED that the letter from the New Brunswick Liquor Control Commission advising that in reply to the Common Council resolution regarding hearings of applications for Io." liquor licenses, before an application is heard by the Licensing Board the city, town or municipality in which it originated is fully advised of the time and place of the hearing and that it is open to the C Z public; that at the meeting.of the Board, held on March 14th last, there were eleven applications to deal , Ile -,7 S p 79 with; that it is the policy of the Commission to hear all applications in Fredericton; that the Board had /� two applications from Fredericton, two from Moncton, one from St. Louis, one from Sussex, one from /1�,B OCS Stickney, one from Newcastle, one from Petit Rocher, one from Magnetic Hill and one from Saint John and these were completed in one day, and that it would have taken at least a week at great expense to have gone to each locality -- be received and filed. Councillor A. Vincent asked that Mr. A. W. Stuart, Chairman of the above named Licensing Board be informed that the spelling of our city's name is "Saint John ", whereas it was spelled "St. John ", and thereby erroneously, in the above mentioned letter. On motion of Councillor Higgins On motion of Councillor M. Vincent Seconded by Councillor Gould . v ��///,,,���rJlOI/Q/ RESOLVED that the letter from the Planning Advisory Committee • advising that the Municipal Development Plan has divided the City into twelve planning districts which are basic statistical areas for population and other data and areas for planning purposes and that the 1)1o61/e �omWe appropriateness of the Planning district boundaries which are delineated in Schedule 5 -A of the Municipal De3velopment Plan has been considered for amendment and that these amendments would be relatively minor iiller and result in the relocation of some boundaries to be along physical features such as the throughway, /l ��/� /�Oy"JJ Oi'lgd/ power transmission lines and water courses where now they are not so located - and recommending that Schedule 5 -A of the said Plan be amended so that the boundaries of planning districts 1, 2, 3, 4, 5, 6, 'N�ahh �7 dv�s- 7, 8, 9, 10 and 12 be relocated as shown on the submitted plans and as described in the Committee's letterijdated March 21st, 1975, and that the necessary advertising be made with regard to this amendment to the Municipal Development Plan „ be received and filed and the recommendations adopted. ' On motion of Councillor Higgins Seconded by Councillor M. Vincent n RESOLVED that the letter from the Planning Advisory Committee Comm with regard to the request made by Mr. Donald Cullinan, Barrister, of McKelvey, Macaulay, Machum & Fair - C&C ///WA weather, on behalf of his client, Mr. Ronald Hargrove, that his client be permitted to maintain a mobile home for lot -UAR/d another year on the of Mr. Mitchell Carr, his son- in- law,•at Lorneville, advising that /YJo�j �e fj ome original permission for occupancy was given by Common Council on November 6th, 1972 on a temporary basis , for one year and this permission was renewed last year, and that the Committee recommends to Common /7roYe Council that the permit be renewed for another year - be received and filed and the recommendation adopted. On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the 11' Planning Advisory Committee, the sum of $560.00 be accepted in lieu of land for public purposes with • respect to the L. Dow Sub - division; this being eight per cent of the value of the new or additional lot, estimated at $7,000.00 by the City's.Real Estate Department which is to be deposited in the trust fund 42/761 for the acquisition or development of land for public purposes (in this instance, a 38,000- square -foot -POW sm6_Ael parcel with a frontage of 200 feet along the south side of Ocean West Way is being severed from the L. Dow property). On motion of Councillor Hodges Seconded by Councillor Higgins RESOLVED that the letter from the New Brunswick Liquor Control Commission advising that in reply to the Common Council resolution regarding hearings of applications for Io." liquor licenses, before an application is heard by the Licensing Board the city, town or municipality in which it originated is fully advised of the time and place of the hearing and that it is open to the C Z public; that at the meeting.of the Board, held on March 14th last, there were eleven applications to deal , Ile -,7 S p 79 with; that it is the policy of the Commission to hear all applications in Fredericton; that the Board had /� two applications from Fredericton, two from Moncton, one from St. Louis, one from Sussex, one from /1�,B OCS Stickney, one from Newcastle, one from Petit Rocher, one from Magnetic Hill and one from Saint John and these were completed in one day, and that it would have taken at least a week at great expense to have gone to each locality -- be received and filed. Councillor A. Vincent asked that Mr. A. W. Stuart, Chairman of the above named Licensing Board be informed that the spelling of our city's name is "Saint John ", whereas it was spelled "St. John ", and thereby erroneously, in the above mentioned letter. On motion of Councillor Higgins A Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Raymond L. Oldfield, prop - v ��///,,,���rJlOI/Q/ rietor,of the Maritimer Motor Hotel on Ocean West Way, advising that he received a letter from the City • Solicitor's office requesting that he remove his mobile home from this property, and explaining that he received permission from the Common Council in 1973 at the time of purchasing the motel to locate this 1)1o61/e �omWe mobile home on the present site as living accommodations from which to operate the motel due to the fact that there are no living quarters in the motel, and advising that this business does not provide sufficient iiller funds for the construction of a permanent type home and that it is impossible for him to operate the /l ��/� /�Oy"JJ Oi'lgd/ motel unless he and his family are living on the property, and that he would be placed in an extremely serious situation should the City further demand removal of this mobile home and it could only mean that 'N�ahh �7 dv�s- he must sell the business and then only to someone with sufficient funds to buy the motel and build a conventional home on the property - and requesting that this matter be given consideration - be referred to the Planning Advisory Committee for a report. ' On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the letter from Tri -Town Realty Ltd. advising that the company wishes to make needed repairs to the front of the property located at 105 Union Street, from where the company's business is conducted, and to redecorate portions of the interior and re- arrange the front and side entrances to accommodate a new tenant, and that the cost of the planned improvements will A?�40ltooe range from $10,000.00 to $15,000.00, and submitting copies of proposed work to be done and floorplan Planning ' sketches, be referred to the Advisory Committee for a report. �y On motion of Councillor M. Vincent Seconded by Councillor Parfitt RESOLVED that the letter from Mrs. Myrtle H. Mitten advisinge that she wishes to make needed repairs to the interior of her property at 132 Waterloo Street and to upgrade the sanitary facilities, which work is necessary to bring the building up to the building code loh and the second storey sanitary facilities are much less than adequate, and submitting a plan of the existing conditions, be referred to the Planning Advisory Committee for a report. . Councillor A. Vincent recalled that approximately four months ago when a furniture store made WIKe/7� J application for a permit to do work on the old Ellis garage property, such application was acceded to and a permit was granted, and at that same meeting he asked for a report, that the Council take a look at the "freeze" on Waterloo Street under the deferred widening by -law. He stated that, to date, he has received 0)x4u° no information on the subjgct. He stated he feels it is unfair to continue this regulation regarding the A Im 00a 157, eastern side of Waterloo Street when this street's prominence as a traffic artery is changed with the Haymarket ,v, Square by -pass and throughway approach. Mr. Zides advised that this subject was taken to the Planning Advisory •�f%%Gfo Committee and the Committee refused to make a recommendation at this time and asked that it be considered when %� definite plans and construction and so on take place on Haymarket Square. Councillor A. Vincent felt that the /e�J- � Council should have been advised of this decision of the Planning Advisory Committee because there are several properties on Waterloo Street who should make repairs and want to do so, and the City should encourage them to ����t 6� do this, but they cannot make such repairs because there is a "freeze" on that side of the street because of R11wen1,07✓ the deferred widening by -law. He felt that because Waterloo Street is not the same street it was five years W ago, and it is not going to be, the City should not continue the said "freeze ". Mr. Zides advised that the Planning Advisory Committee will send a letter to the Council advising of its decision, as noted above. Councillor Kipping pointed out that the Council is going to need a policy debate on the matter of deferred widening and he noted that the Council is receiving requests from time to time for exceptions to the provisions of the Deferred Widening By -Law to permit repairs and renovations to properties on the streets to which the said By -Law relates. He stated he believes that the Council needs perhaps a briefing from the Planning Department as to what the background thinking is on deferred widening by -laws, and get brought up to ��U/ date in that way and then make a policy decision and probably adhere to it. The Mayor advised that he believes V1_I9n• •such a briefing can be arranged. Mr. Zides noted that because they are two different issues a degree, he comm. .-to believes that the policy on deferred widening by -laws and the Waterloo Street issue should be separated; in �(t,/.c!Ad other words, there will be separate reports, one report on each issue. The Council members noted that Union Ulfwerr/ MJ � Street is also involved in the matter of the policy on deferred widening by -laws. ' �70I %C-7 On motion of Councillor Green Seconded by Councillor Higgins ?fir T. GY RESOLVED that the letter from Dr. V. T. W. Shannon, advising of the l/ //.17- Sv/o PI need to add the services of a second dental surgeon to relieve the pressure of the present patient load at his dental office at 34 Coburg Street, and requesting that the Zoning By -Law be amended to permit more than one dental office in this building which is in a residential area zoning classification and permits only one doctor /C per building, be referred to the Planning Advisory Committee for a recommendation, and that the necessary advertising be authorized for the requested amendment to the Zoning By -Law in this matter. dory���7 C It was noted that the above communication was not submitted on the formal application form for a Op7/M. Zoning Law amendment. Mr. Rodgers g y- advised that if the Council wishes to treat this letter as an application for re- zoning it can authorize the advertising, if this is the application. Councillor Higgins asked Mr. Zides if he could accept Dr. Shannon's letter as an application for an amendment to the Zoning By -Law. Mr. Zides replied that he thinks so, and the only point under concern, he thinks, is the $50.00 fee which is a requirement of the by -law and that is easily obtained. Councillor Higgins asked if, provided Dr. Shannon provides the $50.00 fee when appearing on the evening of March 25th before the Planning Advisory Committee, this can be considered a re- zoning application. He received an affirmative reply to this question. Councillor Kipping stated that the only problem about expediting this matter in the way suggested is that it comes under the Zoning By -Law designating Coburg Street as a residential area which permits only one doctor per building, and if that is the existing policy, we are up against the problem - and it is getting to be an old problem with the Council - whereby the Council breaks its own policies and when you do that, you might as well have no policies. He stated he is a little worried about setting a precedent for prior advertising because there is another item coming up at this meeting which is a specific request for advance advertising and he feels it is loaded with ' possibilities for misunderstanding and the miscarriage of justice, you might say, for which these procedures were set up. He stated he feels that the Council has to ask itself why should Coburg Street be a residential area when it is nearly all businesses on it, and is no longer a residential area, and perhaps whole area zoning classification should be changed. He asked why should we be breaking our policy - he felt the procedure "would be to change our policy if the policy is not right. He stated he would not support doing the pre - advertising right now - he thinks the Council should wait until ithas a report from the Planning Advisory Committee otherwise, he feels the Council is going to get itself into a bind and set an undesirable precedent. 'Question being taken, the motion was carried with Councillors Gould and Kipping voting "nay" Councillor Kipping stated that he so voted, on principle. On motion of Councillor Higgins �%l�zc� py� ye Seconded by Councillor Hodges FMAW/ i / /f/ RESOLVED that the petition from 700 residents of Forest Hills submitted /T with a letter from the Forest Hills School - Community Association stating that the residents are concerned over SCl/OOI the lack of a clearly defined schedule to produce in fact that which has been presented in concept on a number /Y.y�(J/bp %/ of occasions, namely, the early commencement of construction on the area near the Forest Hills School to S/p0I'�S ®� improve the grounds of the School and to build a sports field and recreational area on the land surrounding the g�- yedpoptryy1 /O School, and requesting that the Common Council provide them with a schedule of construction and a means with .=?Pe4V which they may monitor progress in this regard, be referred to the Recreation and Parks Department for a report to the next meeting of Council. gaw scow,/ ;%epc Councillor A. Vincent stated that from a personal inspection of the site he agrees that the old �iCPf gravel pit, the play yard and the muddy condition at this School site need some emergency attention, and he stated he thinks that the Council should take a look at this matter and try to correct some of the necessary needs of that School and playing yard. In reply, Councillor Higgins advised that he believes money has been set aside in capital budgets for the last couple of years and there is also an agreement being worked out now between the Board of School Trustees of District 20 and the Recreation and Parks Department of the City with regard to the sharing of recreational facilities which has been very successful. He stated that his motion is for a report to bring all these loose ends together for next week in answer to the request of the said Assoc- iation. Councillor M. Vincent 'pointed out that these residents are referring to two areas of land: one is that area surrounding the School where the mud incident took place last year; the second area is the portion of land spoken of by Councillor Parfitt, namely, the large parcel of land which the City purchased for a major recreational development in the eastern end of the city. He stated he believes that these residents are asking that the commencement of development of the recreational area be undertaken, and he noted that with the monies that have been allotted in the capital budget the last two years it is certainly not going to do too much towards the development of this area. He commented that the City has invested that much money in the land, then when capital budget time comes surely the Council must consider putting substantial funds in the capital budget for the development of this recreational area. He stated he believes that all this petition asks for is the Council's consideration at capital budget time. On motion of Councillor M. Vincent gyp!/ h9 Seconded by Councillor A. Vincent A/p12.T7(/ RESOLVED that the application from Alpha Investments & Agencies Ltd. mem/ s -r- requesting re- zoning of a portion of land in Glen Falls (approximately twenty acres) to "R -2" classification to A yk•le,S I-e-d allow the construction of one- and two - family homes, and that the Council allow for advertising in this regard, f� /c?ila9,l%dt(/ /5111 in order to expedite the construction, while Council awaits the report from the Planning Advisory Committee - jbe referred to the Planning Advisory Committee for a recommendation, and that authority be granted to advertise 00A" m' this proposed re- zoning. 450 nll,cq r e re -;;o nln9 adver-r,i'seA Councillor Kipping noted that the above company has made two other such requests, he believes, within the past few weeks to Council and that the request the company is making is to allow for ad- vertising while Council waits for the report from the Planning Advisory Committee. Councillor Kipping • stated he feels that the Council should not do that for the reason that advertising usually states that it is the intention to re -zone, and not only does Council not know whether it actually wishes to re -zone until it has considered the recommendation from the Planning Advisory Committee but the wording of the advertising - which says it is the intention to re -zone - has been known to be taken by citizens as a fait accompli - something that is already done - and they then feel that they cannot do anything about it if it is unsatisfactory to them, and the net effect is that they lose their freedom of choice or their freedom of action in such circumstances; therefore, he thinks it has become very evident that the Council should not authorize any deviation from the established procedure. He noted the other points be made in the other Zoning By -Law amendment before Council at this meeting in the same question is pro- cedure is that it is precedent- setting and that it is undesirable undermining of the purpose for which , the procedure was established in the first place. Mr. Rodgers stated that he understands the policy to be that with regard to most applications that come in for re- zoning the Council passes the double motion, namely, it authorizes the advertising and it asks for the Planning Advisory Committee's views on the proposed re- zoning - sometimes, there are exceptions when the Council does not follow that procedure, but he believes that in most cases the Council follows that policy; he recalled that the Council established that policy a couple of years ago to expedite the re- zoning; he pointed out that in doing that the Council is not committed to re -zone, and the Council might receive a recommendation from the Planning Advisory Committee for or against the zoning, and Council might even give first and second reading and not give the third reading - Council is not committed to the zoning. Councillor Higgins stressed that ' this policy expedites the re- zoning by saving a lot of time, and while the application for re- zoning is going to the Planning Advisory Committee the advertising for the re- zoning is set up by the Common Clerk in the newspaper and the proposed Zoning By -Law amendment has to have three readings by the Council and a public hearing has to be held on it, and the citizens are protected all the way. Councillor Green spoke in support of expediting applications for proposed re- zonings by following the procedure in question. Mr. Zides advised that there is really nothing very wrong about authorizing advertising except that the Council should be aware that there will be problems now and then - for example, an individual comes in and applies for re- zoning of a small property which the Committee finds has to be enlarged or that the kind of zoning the individual wants is not the correct zoning or there is another remedy - as long as it is understood that the authorizing has a qualification factor to it that if the proposal as submitted has the right kind of zoning, and so on and so forth. Councillor Gould ex- • plained that the only reason he had objected in the previous matter before Council at this meeting was because he thought it was not procedure, but if it is procedure, he is in favour of following it. Councillor Kipping suggested that the wording in the advertisements regarding proposed re- zonings or amendments to the Zoning By -Law, perhaps to overcome what he still feels is a very valid objection and to improve such wording, state "it is proposed to re- zone" rather than state "it is the intention to re- zone ". The Common Clerk exlained that the wording that is used is that "public notice is hereby given that the Common Council intends to consider amending ". Councillor Kipping pointed out that the word "intends" throws people off in these matters. Question being taken, the motion was carried with Councillor Kipping voting "nay ", on principle. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the letter from the Lorneville Ratepayers Association Zornevil /e recalling that the Association's letter dated September 24th, 197+ requesting that an upgrading programme Wtr be commenced during 1975 on the Lorneville Road was referred to the capital works budget by Common //9S5 o C. Council resolution of October 7th, 1974, and asking if the Association can anticipate action being / L J undertaken on the said road during the summer months and advising that the upgrading programme becomes �E 95;&E. even more important due to the announcement from the current sitting of the House that a deep water �� %S �P��/ docking facility in conjunction with the development of Saint John Deep is to be constructed in the near future, be received and filed and the Association advised that the matter will be considered with the 1975 capital budget which will be considered in approximately one month's time. ✓ The Common Clerk advised that advertising has been made for consideration by Council of proposed re- zonings at 7.00 p.m. on March 31st next, which is Easter Monday. The Council members • confirmed that such meeting will be held at that time. Sa,/verge rrps �/ar6our 6ri ai�edi di n�' C'i�y /I79r. S_ T. f,�ar6aur (ftt /on 'G� %oI75 ; ijours s�y/t- t+e rl�cu cvor6li n9 �,��' MentS Councillor Green stated that it has been brought to his attention that some of the members of the Salvage Corps and Fire Police, who use their own cars when attending fires, have used the harbour bridge in order to get to the scene of a fire as speedily as possible and have been required to pay tolls on the bridge and some of the members of the said Corps mentioned to him they did not feel they should have to pay a toll when they are answering a fire call in the service of the citizens. He pointed out that the members of the said Salvage Corps and Fire Police receive no remuneration, whats- oever. He asked that the City Manager take up this matter with the Chairman of the Saint John Harbour Bridge Authority to see if this situation can be rectified, perhaps by giving these members a pass to use when crossing the bridge to attend fires. The Mayor replied that this matter will be looked into, and Council will receive a report back. Councillor A. Vincent recalled that two weeks ago he asked for some information and in reply, he was given information marked private and confidential. He stated he knows it is not legal for the staff to give him that information, and-he recalled that the Mayor promised him last week that he would get it where he could use it, but he still has not got the correct number - he is talking about the hours spent for negotiations regarding the working agreements - we are three months overdue, and he is not happy with the amount of hours he received from the City Manager in this matter. He stated he wants the matter put on the agenda for public information next week, and he thinks it is very unfair for a Councillor to have to ask for information and then be given it marked private and confidential. He stated he does not agree with the amount of hours that were given to him and he is going to ask for a legal opinion next week whether information can be kept from another Councillor who has asked for it he added that his legal advisor tells him that it has to be given to him. Mr. Rodgers stated that he assumes that it was really a Councillor requesting the information, and the City Manager brought back the information; if the City Manager can justify why it is confidential then he certainly has a right to do that - but if not, the information is public. He stated he cannot comment on why the City Manager referred to it as being confidential. Councillor A. Vincent stated he recalled the Mayor telling him last week that he would get his information, but he did not say when; he asked that the Mayor at this time tell him when. Mr..Barfoot stated that the comment last week had to do with the negotiation of the Union contracts, and he added that where the City is negotiating a contract with another party he does not know.that these matters should be public knowledge. Councillor A. Vincent stated he does not see anything damaging about negotiating with the Unions. He added that there are three collective Unions and the men are not happy about this matter. The Mayor stated that he is assured by Mr. Barfoot that we will have this information out, and it will be published. C • J • T. F. .r A T. Apol/eeel tle ASSOE, *6,6 G/^ievahce -7-oh-47 Mee el7iy 'R/wib /ply yp'% , 2 �d.>9pE / /,S • �•D /SM /gS��S J 0 H, �us'ids'p�9s % *&4RIr /.? 4V6PY 451 Following a session in Committee of the Whole, during which Councillors Higgins and M. Vincent withdrew, the Committee arose and the Mayor assumed the Chair in legal session of Common Council. On motion of Councillor A. Vincent Seconded by Councillor Davis RESOLVED that the letter from the Grievance Committee of Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., requesting a meeting with the Common Council in session for adjustment of a grievance on behalf of Sergeant John McCarthy, be received and filed and the Common Council waive the hearing of this grievance and proceed to arbitration. Question being taken, the motion was carried with Councillors Hodges and MacGowan voting "nay" Councillor A. Vincent nominated Mr. Robert Bell to be the City's nominee to the Board of Arbitration in the above matter. Mr. Barfoot advised that he had no nominees to suggest in this matter. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that Mr. Robert Bell be named the City's nominee to the Board of Arbitration to consider the grievance of Sergeant John McCarthy of the Police Department. Councillor A. Vincent stated that with regard to the arbitration case on the two Police constables who were dismissed (Messrs. Bevans and Molasky) he would like to have a copy of the bill submitted by Reverend H. C. Quinn, Chairman of the Arbitration Board, and also, a copy of the bill submitted by Mr. Robert Lockhart, the Union nominee on the said Board. Mr. Rodgers advised that he has received the bills of Reverend Quinn and Mr. Thomas L. McG1oan, Q. C., the City's nominee on the said Board. Councillor A. Vincent stated that his information is that Mr. Lockhart, who took.his oath that he was neutral in this matter,'charged $1,600.00 as a (member of this Board, and donated it back to the Union, and Councillor A. Vincent feels that if this is true, Mr. Lockhart is not neutral and that the City Solicitor is going to appeal it. He advised that the City Solicitor obtain Mr. Lockhart's bill. Councillor Hodges advised that a nominee of the Union may do as he pleases with the money from serving on the Arbitration Board. Mr. Rodgers advised that Mr. Quinn's bill is approximatly $2,100.00 in total, and the City's nominee's bill was approximately $1,800.00; the City pays half of the Chairman's bill and all of its nominee's bill; the ex parte injunction bill is $1,600.00 regarding this case. On motion The meeting adjourned. Common Clerk. ir At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the thirty -first day of March, A. D. 1975, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent -and - Messrs. N. Barfoot, City Manager, F. A. Rodgers, City Solicitor, M. Zides, Municipal Planning Director, J. C. MacKinnon, Executive Director of Operations, S. Armstrong, Engineer with the Works Department, E. Ferguson, Chief of Police, and D. Carter, Economic Co- Ordinator The meeting opened with silent prayer. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that an item with reference to 70 Metcalf Street be added to the agenda of this meeting. Councillor Gould advised that the building located at 70 Metcalf Street is partly torn down at the resent time, and he understands that the demolition permit was taken out in October 1974. He pointed out that the building in its present condition presents a danger to children of the area, and the people of the area and he are concerned about this matter, and that he desires that immediate action be taken in this matter, and that the Deputy Building Inspector inspect this property tomorrow and see what can be done about this hazardous situation. Councillor Hodges pointed out that the building located at 72 Metcalf Street is in the same hazardous condition, with doors and windows removed and the stairways open to anybody to enter and the people in that area are concerned about this matter. He asked that the Deputy Building Inspector inspect this building when he looks over 70 Metcalf Street. Councillor Gould had noted that the stairways to the second floor at 70 Metcalf Street have been torn down and half the walls are gone, and the building is also a fire hazard. The Common Clerk advised that advertising took place regarding the proposed re- zoning for A. C. Fairweather & Sons Ltd. of a parcel of land on the northerly "sidefof.Ashburn Road, and that no written ob- jections were received in this matter. No person or persons were present to offer comment regarding this proposed re- zoning. 452 Ae- zotnirly !9. C.F4 /*P VA `eQOhs -16 On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -L• of The City of Saint John and Amendments Thereto`, insofar as it concerns re- zoning a parcel of land on the northerly side of Ashburn Road starting 630 feet from the Drury Cove Road with a frontage of 210 feet and a depth of 200 feet from "RF" Rural district to "I -1" Light Industrial district, be read a first time. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Gould , Seconded by Councillor Cave RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning a parcel of land on the northerly side of Ashburn Road starting 630 feet from the Drury Cove Road with a frontage of 210 feet and a depth of 200 feet from "RF" Rural district to "I -1" Light Industrial district, be read a second time. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint ' John and Amendments Thereto ". The Common Clerk stated that with regard to the proposed re- zoning for Alpha Investments & Agencies Ltd., the necessary advertising took place and no written objections were received, the land proposed to be re -zoned being east of the residence of No. 140 University Avenue with a frontage of 300 feet on University Avenue and a depth of 400 feet. On motion of Councillor Cave Seconded by Councillor M. Vincent • RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning a parcel of land east of the residence of No. 140 University Avenue with a frontage of 300 feet on University Avenue �j a -,Z o/7i.*2y and a depth of 400 feet from "R -IA" One Family Dwelling district to "RM -1" Multiple Dwelling district, be read a first time. It was noted that no person or persons were present to comment on this proposed re- zoning. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor A. Vincent Seconded by Councillor M. Vincent , RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning a parcel of P9/O iii 7avesz� land east of the residence of No. 140 University Avenue with a frontage of 300 feet on University Avenue and a depth of 400 feet from "R -IA" One Family Dwelling district to "RM -1" Multiple Dwelling district, be read a second time. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". In reply to Councillor Parfitt's comment that she understands that there is going to be a change regarding the above proposed re- zoning, Mr. Zides advised that the developer has altered his buying and will be discussing the implications with the engineering department; this does not interfere with giving second reading to the said proposed amendment to the Zoning By -Law. The Common Clerk stated that advertising took place with respect to the proposed amendment to . the Zoning By -Law to re -zone for Caldo Ltd. two lots (one on Hawthorne Avenue Extension and one on Jack Street) to permit the building on each lot of a 24 -unit apartment building. He advised that the fol= lowing letters have been received in this regard: from the Rockwood Park Area Preservation Association advising that it supports in principle, anything that the Council can do to alleviate the present housing shortage, caused in part, by demolition in connection with the Saint John throughway, and that, ;?&_.ZO however, in view of the Association's objections to Council regarding the proposed extension of the 0!/ h9 Gilbert Street ramp up to Mount Pleasant Avenue, across the tip of Lily Lake, meeting Hawthorne Avenue Extension and cutting across (in the vicinity of Jack Street) to Sandy Point Road, as shown in the / Ca /do I-eipe Comprehensive Community Plan, April 1969 "Recommended Street Plan", the Association feels that no re- classification should be allowed until the City's position on this proposed roadway has been clarified; from Mrs. Sandra C. Richard of Karen Street advising of her disapproval of the proposed re- zoning for ' Access ha_� the following reasons:- (1) this re- zoning from two - family to multi - family classification will cause,her property to devaluate; (2) the roadway (Jack Street) has not been widened and traffic would be chaotic TC/r Szl under these conditions - also, there is a right -of -way between the existing properties that is or would be endangered of overuse by tenants or apartment dwellers as the right -of -way, in all probability, would //�� A'I!(,2M;,dPA7e 4% e be ignored; (3) in the front of her property there is a mound of earth dug up and left by the construction company since last spring and it is still there - she is wondering if the same thing will happen to the f• rear of her property; (4) along with the two apartment buildings in front of her house there is the �A prospect of two in the rear destroying any privacy that a single - family dwelling has to offer; and further stating it is her personal feeling that the arrangements for the proposed apartment buildings ' /� �h6ePU7 are poorly arranged in that two single - dwelling properties will be in the middle of giant apartment that C. lTf' units; and also stating she realizes that small, single - family property owners suffer in comparison ]�j/+plj(Al�y with large corporations - true, the said single - family property owners do not contribute as much monetarily, �'i� /6ert Sf h9lrjlp and all too often this monetary gain is considered to the detriment of ethical fairness; and, as a single - family property owner, asking that the Council give thoughtful consideration to her concern in w�IGtlJ. f'C'� P'CO�A this matter. . A report from the Planning Advisory Committee, dated March 26th, 1975, recommends that the n ��Aijly,/QGt✓ area shown on the submitted print be re -zoned from its existing "R -2" one- and two - family zoning to "RM- ! S_ 1" up to three - storey multiple family zoning subject to an internal roadway system acceptable to the • `0I'+7l77. Executive Director of Operations and the Municipal Planning Director and involving a roadway across the so- called Louis Degroches property on Hawthorne Avenue - and notes that the application of Caldo Ltd. for this re- zoning is for two lots lying respectively at the rear of and between the properties known as 289 and 293 Jack Street and the properties known approximately by civic numbers 329 and 345, inclusive, Hawthorne Avenue (extension) and that the company proposed to erect thereon two three - storey frame I r r1 U • u 4�_ 1 apartment buildings, each containing 24 units. The report further advises that with respect to the letter from the Rockwood Park Area Preservation Association above referred to in which the Association states it feels no reclassification of zoning should be.allowed in this matter until the City's position on the proposed extension of the Gilbert Street ramp up to Mount Pleasant Avenue, et cetera, as shown in the Comprehensive Community Plan, has been clarified -- the Council has not formed a policy on the roadway but, in the absence of any detailed planning for such a route, it appears evident that the Jack Street area even as now developed and as also proposed for two additional apartment buildings would not be a practical location for a connection between Hawthorne Avenue and Sandy Point Road. Mrs. Ruth Koven, appearing on behalf of the Rockwood Park Area Preservation Association, advised that the land that is proposed to be re -zoned is in the vicinity of a proposed roadway as shown on the Comprehensive Community Plan, as stated in the Assoccation's letter to Council, and the Association opposes the re- zoning on that basis, only, as stated in the said letter. Councillor Cave asked if the Association is aware that the ,City owns land just beyond this area and that when the road is built for the new hospital it will connect with the Sandy Point Road and avoid that bad turn, and if you were to go into Jack Street there is a sharp turn by the little store and it would cost a lot of money - whereas the City -owned property is along Hawthorne Avenue which is a short distance from the area under discussion. He felt it would be ridiculous to think of purchasing properties along or near Jack Street for the said road to Sandy Point Road, and he could not foresee that a street would go in the vicinity of Jack Street to connect with Sandy Point Road. He felt that the City needs housing and he urged that the Council proceed with this proposed re- zoning matter. Mrs. Koven, in reply, stated that the Association realizes the City owns the land as mentioned by Councillor Cave, but the Association's point is that the Comprehensive Community Plan is being used as a guideline and the Association has asked about this roadway before with no results at all, and it is in the general vicinity, and she understands that the developer will be required to provide a private road which will have to come in the area she is speaking about, and the City may have to acquire this at a later date if you put that roadway through there. In the matter of the apartments, Mrs. Koven pointed out that the Association's letter states it is not opposed to the apartments as such - in fact, it supports any move the Council can make to provide additional housing - but in the light of the fact that this roadway is on the Comprehensive Community Plan and it is in this vicinity and the City may have to acquire a right -of -way the Association's point is that building is taking place and the Council is re- zoning for further building in an area where the City possibly may have to acquire right -of -way at a later date. Noting that the Planning Advisory Committee's letter states it appears evident that the Jack Street area even as now developed and as also proposed for two additional apartment buildings would not be a practical location for a connection between Hawthorne Avenue and Sandy Point Road, Councillor Parfitt advised that she knows that the developers in question are negotiating another entrance. She added that, in her opinion, the Association has been given an answer through this information from the Planning Advisory Committee's letter, and that she is satisfied with the Committee's answer in its letter. Councillor M. Vincent felt that the points that are made by the Association are very viable ones and are certainly ones that have to be considered, and that the letter from the Planning Advisory Committee, dated March 26th, 1975 would clarify some of the points raised by the Association, which are good points. A copy of the said Committee's letter was supplied to Mrs. Koven at this time, for her information. Mr. Zides, on being asked for his comments, stated he is not sure that the Committee's letter answers Mrs. Koven's points entirely because all the Committee's letter is saying is that the Jack Street piece of land on Jack Street itself would not be required for any road, and he thinks Mrs. Koven might have other points to bring out. With regard to Councillor Parfitt's belief that the letter from the Planning Advisory Committee answers the objection of the Rockwood Park Area Preservation Association, Councillor Kipping stated that he takes a different view of that paragraph of the said letter from the Committee regarding the roadway connecting Hawthorne Avenue and Sandy Point Road. He stated he interprets that paragraph as saying which he thinks is the key point, that in the absence of any detailed planning - and what he hears Mrs. Koven's group saying is that Council should wait for the detailed planning or at least any measure of planning which will give us the eventual route before we go re- zoning and building on what may well be the route of that connecting road which we all know is coming somewhere in that area; when you look at the diagram which has been provided, you can see there ds not much room for anything there without infringing on Rockwood Park property and other properties and without having a picture of the topography we cannot say exactly what the picture is, but it is obvious from this flat trajectory picture that there is not much room there either, particularly if we re -zone and if these apartment buildings are standing there at the time. He stated that his opinion is that if the Planning Director cannot assure the Council beyond any doubt that this area would not be affected in any future routing of the Gilbert Street ramp -Sandy Point Road link -up then he thinks it would be wise to postpone the re- zoning and get on with the detailed planning mentioned in the Planning Director's letter so that we will be able to answer the developer in this application and any other that may come in involving this area. Councillor MacGowan asked if Mr. Zides knows exactly how there is going to be access to the proposed apartment buildings. She stated that from a personal inspection of the vicinity today, she noted there is certainly going to have to be encroachment on someone's property, and she does not see any way to get through unless there is encroachment on somebody's property. .Councillor Davis stated he feels there is no chance whatsoever that the widening of Sandy Point Road will require the destruction of any of these buildings. He commented that the only objection of the Association is that we may be wasting taxpayers' money and it has nothing to do with anything else - the Association does not want to see a building built and then destroyed to put a road through. Mrs. Koven added - or, to put in a private roadway and then have to be acquired by the City. Councillor Davis pointed out that this has been investigated and it has been taken care of. He felt that the objections offered by Mrs. Richard are much more valid because it is an immediate neighbourhood type of objection but he does not see that the Association's objection is valid, at all. He stated that the Council knows very well that we should have the alignment of that road but not in this particular area - the area the Council is concerned about is Lily Lake. Mrs. Koven repeated that the Association brings the matter up only in the light that it has been asking for this information. Councillor Davis pointed out that the Association has been asked for it for Lily Lake and he does not think this is quite fair because he considers this a nuisance type objection. In reply, Mrs. Koven stated she does not consider it a nuisance at all, since the Association has been trying to get this information from Council in a responsible way. She stated she objects to the fact that Councillor Davis considers this to be a nuisance sort of thing. Councillor Davis pointed out that it is nearly impossible to give the information until spring, and that the part that will be done is the part that leads to Sandy Point Road - he does not think that the City will be carrying it any further than that. He stated that the point that the Association makes that the Council may be permitting the developers to build apartment houses and then destroying them to put through a road is a nuisance type of objection. He stated he sees no reason for tabling this matter except for the reason that Councillor MacGowan points out, namely, that the access to the buildings.- Jack Street itself - is inadequate and he feels that is a valid reason. Mrs. Koven replied that she has a map from the Comprehensive Community Plan which shows a roadway coming across the tip of Lily Lake, extending to Hawthorne Avenue Extension and crossing through that general vicinity to meet Sandy Point Road and, consequently, she feels it is a very valid objection until the Council clarifies its intentions about that roadway. Councillor Cave made the point that when the Comprehensive Community Plan was prepared it was not known that the new hospital was going where it is going at the present time (Tucker Park area), and he has no doubt but that the roadway will never go near e- x0t7ii7� /, �oN�dudBfi G'i /6e��t cwee5s� toad, 126cvt4 oavre -moody • u 4�_ 1 apartment buildings, each containing 24 units. The report further advises that with respect to the letter from the Rockwood Park Area Preservation Association above referred to in which the Association states it feels no reclassification of zoning should be.allowed in this matter until the City's position on the proposed extension of the Gilbert Street ramp up to Mount Pleasant Avenue, et cetera, as shown in the Comprehensive Community Plan, has been clarified -- the Council has not formed a policy on the roadway but, in the absence of any detailed planning for such a route, it appears evident that the Jack Street area even as now developed and as also proposed for two additional apartment buildings would not be a practical location for a connection between Hawthorne Avenue and Sandy Point Road. Mrs. Ruth Koven, appearing on behalf of the Rockwood Park Area Preservation Association, advised that the land that is proposed to be re -zoned is in the vicinity of a proposed roadway as shown on the Comprehensive Community Plan, as stated in the Assoccation's letter to Council, and the Association opposes the re- zoning on that basis, only, as stated in the said letter. Councillor Cave asked if the Association is aware that the ,City owns land just beyond this area and that when the road is built for the new hospital it will connect with the Sandy Point Road and avoid that bad turn, and if you were to go into Jack Street there is a sharp turn by the little store and it would cost a lot of money - whereas the City -owned property is along Hawthorne Avenue which is a short distance from the area under discussion. He felt it would be ridiculous to think of purchasing properties along or near Jack Street for the said road to Sandy Point Road, and he could not foresee that a street would go in the vicinity of Jack Street to connect with Sandy Point Road. He felt that the City needs housing and he urged that the Council proceed with this proposed re- zoning matter. Mrs. Koven, in reply, stated that the Association realizes the City owns the land as mentioned by Councillor Cave, but the Association's point is that the Comprehensive Community Plan is being used as a guideline and the Association has asked about this roadway before with no results at all, and it is in the general vicinity, and she understands that the developer will be required to provide a private road which will have to come in the area she is speaking about, and the City may have to acquire this at a later date if you put that roadway through there. In the matter of the apartments, Mrs. Koven pointed out that the Association's letter states it is not opposed to the apartments as such - in fact, it supports any move the Council can make to provide additional housing - but in the light of the fact that this roadway is on the Comprehensive Community Plan and it is in this vicinity and the City may have to acquire a right -of -way the Association's point is that building is taking place and the Council is re- zoning for further building in an area where the City possibly may have to acquire right -of -way at a later date. Noting that the Planning Advisory Committee's letter states it appears evident that the Jack Street area even as now developed and as also proposed for two additional apartment buildings would not be a practical location for a connection between Hawthorne Avenue and Sandy Point Road, Councillor Parfitt advised that she knows that the developers in question are negotiating another entrance. She added that, in her opinion, the Association has been given an answer through this information from the Planning Advisory Committee's letter, and that she is satisfied with the Committee's answer in its letter. Councillor M. Vincent felt that the points that are made by the Association are very viable ones and are certainly ones that have to be considered, and that the letter from the Planning Advisory Committee, dated March 26th, 1975 would clarify some of the points raised by the Association, which are good points. A copy of the said Committee's letter was supplied to Mrs. Koven at this time, for her information. Mr. Zides, on being asked for his comments, stated he is not sure that the Committee's letter answers Mrs. Koven's points entirely because all the Committee's letter is saying is that the Jack Street piece of land on Jack Street itself would not be required for any road, and he thinks Mrs. Koven might have other points to bring out. With regard to Councillor Parfitt's belief that the letter from the Planning Advisory Committee answers the objection of the Rockwood Park Area Preservation Association, Councillor Kipping stated that he takes a different view of that paragraph of the said letter from the Committee regarding the roadway connecting Hawthorne Avenue and Sandy Point Road. He stated he interprets that paragraph as saying which he thinks is the key point, that in the absence of any detailed planning - and what he hears Mrs. Koven's group saying is that Council should wait for the detailed planning or at least any measure of planning which will give us the eventual route before we go re- zoning and building on what may well be the route of that connecting road which we all know is coming somewhere in that area; when you look at the diagram which has been provided, you can see there ds not much room for anything there without infringing on Rockwood Park property and other properties and without having a picture of the topography we cannot say exactly what the picture is, but it is obvious from this flat trajectory picture that there is not much room there either, particularly if we re -zone and if these apartment buildings are standing there at the time. He stated that his opinion is that if the Planning Director cannot assure the Council beyond any doubt that this area would not be affected in any future routing of the Gilbert Street ramp -Sandy Point Road link -up then he thinks it would be wise to postpone the re- zoning and get on with the detailed planning mentioned in the Planning Director's letter so that we will be able to answer the developer in this application and any other that may come in involving this area. Councillor MacGowan asked if Mr. Zides knows exactly how there is going to be access to the proposed apartment buildings. She stated that from a personal inspection of the vicinity today, she noted there is certainly going to have to be encroachment on someone's property, and she does not see any way to get through unless there is encroachment on somebody's property. .Councillor Davis stated he feels there is no chance whatsoever that the widening of Sandy Point Road will require the destruction of any of these buildings. He commented that the only objection of the Association is that we may be wasting taxpayers' money and it has nothing to do with anything else - the Association does not want to see a building built and then destroyed to put a road through. Mrs. Koven added - or, to put in a private roadway and then have to be acquired by the City. Councillor Davis pointed out that this has been investigated and it has been taken care of. He felt that the objections offered by Mrs. Richard are much more valid because it is an immediate neighbourhood type of objection but he does not see that the Association's objection is valid, at all. He stated that the Council knows very well that we should have the alignment of that road but not in this particular area - the area the Council is concerned about is Lily Lake. Mrs. Koven repeated that the Association brings the matter up only in the light that it has been asking for this information. Councillor Davis pointed out that the Association has been asked for it for Lily Lake and he does not think this is quite fair because he considers this a nuisance type objection. In reply, Mrs. Koven stated she does not consider it a nuisance at all, since the Association has been trying to get this information from Council in a responsible way. She stated she objects to the fact that Councillor Davis considers this to be a nuisance sort of thing. Councillor Davis pointed out that it is nearly impossible to give the information until spring, and that the part that will be done is the part that leads to Sandy Point Road - he does not think that the City will be carrying it any further than that. He stated that the point that the Association makes that the Council may be permitting the developers to build apartment houses and then destroying them to put through a road is a nuisance type of objection. He stated he sees no reason for tabling this matter except for the reason that Councillor MacGowan points out, namely, that the access to the buildings.- Jack Street itself - is inadequate and he feels that is a valid reason. Mrs. Koven replied that she has a map from the Comprehensive Community Plan which shows a roadway coming across the tip of Lily Lake, extending to Hawthorne Avenue Extension and crossing through that general vicinity to meet Sandy Point Road and, consequently, she feels it is a very valid objection until the Council clarifies its intentions about that roadway. Councillor Cave made the point that when the Comprehensive Community Plan was prepared it was not known that the new hospital was going where it is going at the present time (Tucker Park area), and he has no doubt but that the roadway will never go near 454 Jack Street, and he cannot see any sense in holding up this housing project. Mrs. Koven pointed out that the City Manager states that the Comprehensive Community Plan is being used by the City as a guideline. Councillor MacGowan asked Mr. Zides to advise exactly what way they are going to get into the property in question regarding the said apartments. Mr. Zides replied that this is mentioned in the Planning Advisory Committee letter of March 26th, 1975 - part of the proposition is buy the property marked with an "X" on the submitted sketch, which lot is owned by a private individual and it takes you to Hawthorne Avenue Extension, to this property - the lot marked "X" is part of the condition - the developer has to obtain it before he can get a building permit. He added that there are other ways of doing it, but this is the best way of doing it; it would be possible to have a driveway system from the apartment areas now off Jack Street, but the use of the said lot is much better. Councillor MacGowan, referring to the concern expressed by Mrs. Koven, stated that as she looks at the area shown on the sketch nearest to the city centre she could see that you might be cutting into the end of Jack Street for a roadway. Mr. Zides replied that Mr. MacKinnon tells him that the Works Department has gone over the matter of the roadway in a preliminary way and they certainly do not need this land - the Planning Department has not gone over any detail in the matter; the Works Department, he has been told by Mr. MacKinnon, has had a preliminary run of any possible road and this land under discussion is not required. Councillor MacGowan stated that before she can vote in favour of the re- zoning she would like to know exactly where that road is and does Mr. MacKinnon have a copy of a plan of that road, that he can show to the Council now. The Mayor noted that Mr. MacKinnon does not have such a plan. Referring to the map that was provided with the letter from the Planning Advisory Committee, Councillor Gould received confirmation that the area shown in grey, lying between the "X" and the "RM -1" areas, is owned by Ca1do Ltd. He noted that people living in one- or two - family dwellings offer ob- jections to this type of re- zoning on grounds of devaluation of their property, and he asked if there are any statistics that do, in fact, say that multiple family dwellings mixed with one- and two - family dwellings devaluate the property. Mr. Zides replied that there is no clear -cut answer on a question like this; he pointed out that in these days of inflation nothing drops in value because prices keep going up, - on the other hand, there has to be a situation where that works and where it does not work - for example, in an area of pretty poor homes an apartment building does not do much damage to them but in an area of very expensive homes he thinks it is logical to assume that a person is not going to pay a lot of money to get an expensive home next to an apartment. Councillor Gould stated he does not believe it to be true that a property will be devaluated through the building of multiple dwellings in one- and two - family areas. Mr. Zides confirmed Councillor Parfitt's point that today, the trend in housing is for more mixed housing than it used to be in the past when there was a great deal of one - family housing - on the other hand, it is an organized type of housing mix - you simply would not drop in an apartment building among one - family houses - you would put them to the side or have some kind of an organized mix, where the apartments would be together in one area, two - family or something else in another area, town houses in another area, and so on - but in proximity to each other. Councillor M. Vincent asked if it is a fact that the Jack Street road area will not in all probability become part of the throughway, as Mr. Zides interprets it now, to the best of his knowledge. Mr. Zides stated that is so, to the best of his knowledge. He stated that he thinks, from the information he had from Mr. MacKinnon, that the road is going to be some little distance away, to the north, from here - therefore, it is going to be removed from this area - he stated that what he was saying was that it would be very illogical to buy up Jack Street with the housing that is already there. Mrs. Koven suggested that perhaps some of the Council members might like to look at the map she had, on which the Association bases its objections to the re- zoning. At the commencement of consideration of this re- zoning matter, Councillor MacGowan had proposed a motion, which was seconded by Councillor Kipping, that the matter be tabled until the Council finds out exactly where the proposed roadway would be going, and has it clarified. On motion of Councillor A. Vincent Seconded by Councillor Parfitt RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- tTe - Xonf ny Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning two lots lying respectively at the rear of and between the properties known as 289 and 293 Jack Street and approximately alwo, ledr. 329 to 345, inclusive, Hawthorne Avenue (extension) from "R -2" One- and Two- Family Residential district to "RM -1" Multiple Residential Dwelling district, be read a first time. Councillors MacGowan, Kipping and Pye voted "nay" to the above motion Read a first time the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". • L • • • Mrs. Sandra Richard was present, suggesting that the roadway that is proposed has not been �dhd/N��ic bought and it is just a speculation; she thinks they would use Jack Street as an access road to leave the apartment buildings. At this time, Mrs. Richard submitted a letter signed by residents of Sandy Point Road up Jack Street and of Hawthorne Avenue, who strongly object to the proposed re- zoning in question dCCQSS I��d for the following reasons:- (1) re- zoning from two - family to multi - family will cause their properties to �ve depreciate; (2) residents of this area have been here for over twenty years and apartment dwellers are /`iall7a b� usually transient; (3) most of the residents of this area are elderly people who built their homes s,hdy zy. -Rd. outside the city in order to enjoy a more quiet way of life and not be bothered by the noise and traffic Re- 7,040 /b 9 that is associated with city living; (4) they are afraid that the apartments to be built will cause Ca /do _6tl. damage to the land that surrounds their property as it has on the front parcel of land where apartments have already been built; (5) they do not like the prospect of looking out their back or front doors and seeing large apartment units destroying their privacy or having to construct fences to keep what privacy they do have at present; (6) apartment units are not usually owner- occupied, thus, they have to draw a conclusion as to what state they will be maintained once constructed; (7) they wonder how these plans could be accepted by Town Planning knowing that apartment units are to be constructed which will wedge single - family dwellings between apartment buildings; they do not have objections to the construction of one- and two - family homes in this area, only to the proposed changes of their residential status; they hope that the Council will take their situation into consideration and review the proposed re- zoning of this area after careful study of the plans submitted for approval. Mrs. Richard asked for information regarding the value of the two 24- apartment buildings that are proposed to be built there, and was advised the total value would be approximately $750,000.00. She noted that the developers want to put these apartment buildings in with single - family dwellings which, in most cases, are situate on leased land and these home owners have never been made an offer of purchase - in all probability, they would sell at a fair price, but the developers do not want to pay the home owners for the land which is the developers' legally, on which these home owners pay taxes and on which they have a good lease. Mrs. Koven suggested that perhaps some of the Council members might like to look at the map she had, on which the Association bases its objections to the re- zoning. At the commencement of consideration of this re- zoning matter, Councillor MacGowan had proposed a motion, which was seconded by Councillor Kipping, that the matter be tabled until the Council finds out exactly where the proposed roadway would be going, and has it clarified. On motion of Councillor A. Vincent Seconded by Councillor Parfitt RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- tTe - Xonf ny Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning two lots lying respectively at the rear of and between the properties known as 289 and 293 Jack Street and approximately alwo, ledr. 329 to 345, inclusive, Hawthorne Avenue (extension) from "R -2" One- and Two- Family Residential district to "RM -1" Multiple Residential Dwelling district, be read a first time. Councillors MacGowan, Kipping and Pye voted "nay" to the above motion Read a first time the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". • L • • • r 455, On motion of Councillor A. Vincent • fie- zah/ ir-W/do Rcees mwe /s ✓oa 15k% 61:2tVz,%iorae Ave. off- • 0716& zzelwl '097aceSS road o &% f/occrs re ,I'l®4lhg 6f�ree�rfs Oufsfde rre�ia�or C�fy /* C/47n- UP Gf%ek -5 �Corrve ram �ro7rr� y� /asrEic f�$S6d. Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning two lots lying respectively at the rear of and between the properties known as 289 and 293 Jack Street and approximately 329 to 345, incl- usive, Hawthorne Avenue (extension) from "R -2" One- and Two- Family Residential district to "RM -1" Multiple Residential Dwelling district, be read a second time. Councillors MacGowan, Kipping and Pye voted "nay" to the above motion. Read a second time the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". Councillor MacGowan asked that Mr. MacKinnon bring in for the Council a plan of the proposed roadway before the third reading of this proposed re- zoning. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the above noted correspondence which relates to the proposed re- zoning in question, be received and filed. Councillor M. Vincent, in addition to the above request made by Councillor MacGowan, asked that the information to be supplied refer not just to the proposed roadway, but with some comment that further development of the apartment buildings could damage nearby properties - that is, that the Council have a complete report from staff on that area before the Council gives third reading to this proposed Zoning By -Law amendment; this would include a report from the Building Inspector in the matter, and all staff who would be connected with this proposed project. On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that prior to third reading of the Zoning By -Law amendment regarding the proposed re- zoning for Caldo Ltd. of the two lots in question to permit the construction of two 24 -unit apartment buildings thereon, the City staff provide Council with a complete report considering the effect the proposed re- zoning and the construction of the said buildings, would have on the area, and regarding the new proposed roadway. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the report of the Fire Department for the month of February, be received and filed. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that the report from the City Manager advising that, further to the enquiry at the March 10th last meeting of Common Council regarding time spent in Union negotiations, since September 5th, 1974 approximately 64 hours have been spent in meetings between the City Negotiating Committee and the Negotiating Committees of C.U.P.E. Locals 18, 61 and 486 - be received and filed. Councillor A. Vincent stated that he would like to have the same information in the City Manager's report in the above matter that was in the report dated March 14th, 1975 and marked "Confidential Information" that he received. He stated that he asked for the provision of exactly the same information as was in the said March 14th report, bu the above report does not give that. Mr. Barfoot stated it was his understanding that Councllor A. Vincent had asked for the number of hours the City had spent in negotiations. Councillor A. Vincent confirmed this, and stated he also asked to give serious consideration to hiring an outside negotiator for a job classification and so on, and the City Manager made his remarks and comments in the said March 14th report and labelled them "Confidential ", which Councillor A. Vincent is still saying is not fair to a Councillor. He added that if the City Manager feels that some of the outside experts the Council went to in the past have not lived up to it, he should have told the Council before it paid the bills. In reply, Mr. Barfoot stated that the first report had to do with some comments on the use of outside negotiators which were in the nature of communication between the City Manager and the members of Council - he did not think they were for public information. Councillor A. Vincent stated he feels strongly that the City Manager could eliminate what he wants to call relationship between City Manager and Council and he would agree to that being done; he feels that the Council should have the City Manager's recommendation as to whether he is in favour of a negotiator or not. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the above matter be laid on the table until next week, until the Council receives the City Manager's recommendation on the use of an outside negotiator in connection with negotiations with the civic Unions. Question being taken, the motion to table was carried. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, approval be granted to advertise the week of April 29th to May 2nd as the clean-up period for the City proper serviced by City vehicles and one contractor, and that the week of May 5th to 9th,,1975 be approved for the rural areas with the week of May 26th to 30th, 1975 to be used for the removal of junked automobiles. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the City Manager, approval be granted for the City to give convention assistance in the amount of $300.00 to assist with the reception that is to be held during the 1975 conference of the Atlantic Provinces Art Gallery Association in Saint John, at the Atlantic meeting, to be held on April 25th and 26th, 1975• 456 6�-.;2nes. noise y Councillor MacGowan noted that for this two -day convention, with 50 delegates in attendance, it means that the City would be contributing at the rate of $6.00 per delegate for this reception, and she also noted that ten per cent of the delegates are from the immediate area of Saint John. She felt that this is too much to ask the City, for only a two -day convention, and that she cannot vote in favour of it. In reply to Councillor Kipping's question as to whether this application has been processed through the Department of Economic Development, Mr. Barfoot made affirmative reply and stated that it is a question whether this application falls within the guidelines which the Council has, which actually only refers to civic and like organizations; the Promotion Director recommended that this body be granted the convention assistance, and $300.00 is the amount which is now specified for Maritime Pro- vinces functions. Councillor MacGowan raised the question of general policy, asking if there should not be a limit per person that would be allowed for convention assistance and take into consideration the number of days the delegates are going to be in the city - and she pointed out that the delegates would not leave that much money in the area if they are only going to be here two days. Councillor Hodges pointed out that we are trying to encourage conventions to be held here and we should be prepared to meet this type of expense in doing so; he added that other cities spend large sums of money in promoting the holding of conventions. Councillor A. Vincent recalled that when he presented an application two months ago on behalf of an Elks Lodge for convention assistance regarding an Atlantic Provinces con- vention he was told it did not qualify, and he accepted that decision. He felt that if there had been any way to consider that application as in the above noted application he would like the same avenue used. He advised that the convention he speaks of will be held in Saint John from April 25th to 27th, inclusive. Mr. Barfoot explained that most of these applications for convention assistance come into the Department of Tourist and Conventions; some of them fall within the requirements set by Council in 1970 or 1971 and they do not require the Council's approval therefore; some of them come to Council because they are conventions which the staff is recommending for Council's favourable consideration, which isthe case in the application now before Council - this application is a borderline case and does not fall within the terms of reference. He stated that the staff is currently looking at the policy and a recommendation will be made to Council to up -date the policy which has been in effect for some years now. Councillor MacGowan proposed an amendment to the motion, that the Council give the above named applicants $300.00 minus $100.00. There was no seconder to the proposed amendment. 11naytT. Question being taken, the motion was carried with Councillors MacGowan and Parfitt voting On motion of Councillor M. Vincent Seconded by Councillor Cave 1 RESOLVED that the letter from the City Manager advising that the lOLCi°/ S L Department of Economic Development (Tourist and Convention Services) is currently planning (a) a com- plete revision of the tourist literature item known as the "Foreign Colour Folder ", and (b) participation _ with the provincial Department of Tourism in a special, full - colour supplement to encourage new con - �eP2� lour/ s/si vention business to the Province, and to Saint John, and giving the details of these projects, and 1'�eptCoh. recommending that the Common Council approve the said projects, including the purchase of the outside back cover in the supplement that is to be included in the annual Financial Post "Meetings, Conferences ,pmr and Conventions" at a cost of $2,390.00 for such back cover space -- be received and filed and the / recommendation adopted. Councillor A. Vincent expressed gratification that the Union label was used on last year's printed material, and he recommended that the printer be requested to use the Union label on the above (/ noted material. On motion of Councillor Gould Seconded by Councillor Hodges r7�/'E'e/77�IJ24-- RESOLVED that in accordance with the recommendation of the City Manager, the Agreement between Her Majesty the Queen in Right of the Province of New Brunswick as �/191/i(7 O represented by the Member of the Executive Council for Environment, and the City of Saint John, pro- viding for payment of an annual grant of $101,112.45 to the City for a period of twenty years, this 0.7t,.s Creek amount representing the Province's share in the funding of the Marsh Creek Sewage Treatment Scheme, be s ,e Y� We approved and referred to the City Solicitor, and that the Mayor and Common Clerk be authorized to � :7 9 execute the Agreement on behalf of the City. Councillor A. Vincent asked the following questions: has the Marsh Creek Sewerage System been completely hooked up with regard to the section that is not hooked up to the pumping station behind Canada Packers Limited; how much money is the Department of Regional Economic Expansion holding up /ice J�e� because it is not done. Mr. Barfoot advised that the pumping station in question is not yet built - the (sue Kd td pumping station that would have been required in 1969 was to handle the effluent from the abattoir killing operations - it was designed to pump sewage into the big treatment plant which is behind Canada ,_Co/7, Packers - because there is not much killing at the abattoir the pumping station does not have the same priority that it had in 1969 and that is what the discussion is about currently with Canada Packers 1 Limited who request a meeting on this matter with the City before proceeding further with this pumping station - however, there is no hold -up on the said payments from the said Department; the financing for this project will be completely finalized which is why agreement for fifty per cent share of the simple interest is being recommended now to Council. Question being taken, the motion was carried with Councillor A. Vincent voting "nay" L, 1 • 0 A On motion of Councillor Gould Seconded by Councillor Hodges ' RESOLVED that as recommended by the City Manager, approval be menZ[ 9 granted for payment of the following invoices for equipment rental: D. Hatfield Ltd. - to the Works Dept. Feb. 16- 28,1975 Ji, H�zS�ie /d (dated March 4, 1975) $ 13,437.65 - to the Water Dept. Feb. 16 -28, 1975 (dated March 4, 1975) $ 2,044.60 Councillor Hodges stated he feels that the statistics provided to the Council members regarding C/ the rental of equipment show that the City now requires more trucks, and that it should be on an ownership, . !, 04WIl and not a rental, basis. He asked for an explanation as to why the City needed to rent during February !/S. rehtp the volume of hours of half -ton trucks. Mr. MacKinnon advised that they were rented for the supervisory staff who are handling crews -.they are foremen and general foremen. Councillor lobvious Hodges felt it is that the City should commence purchasing vehicles rather than renting them; he noted that for A r 456 • otdhei'S/7 /�o mint' cloy Ar. %9 // e'/eah -�cp r Tess ies s �nN� n� erri Ca6idi�' rq eeiiY?9 • 1] the $350,000.00 per year that the City pays in rental of equipment the City can buy quite a fleet for that amount of money. Councillor A. Vincent discussed the fact that on his recent visit to the repair garage he found that a backhoe had been laid up for repairs for a period of 93 days, according to the employee at the garage - yet, the City had to rent a 1/4 -yard backhoe for a number of hours which cost the City a total of $2,460.00 in February. He asked for a written report within thirty days of the type of backhoe that is con- tinually breaking down and the cost of these backhoes so that the next time a tender call is made for this equipment it will be a guideline for the Council and the Tenders Committee in determining which make of equip- ment would be best to purchase. Mr. MacKinnon stated that over the last two years we have been evaluating all the equipment and the specifications that have gone out for purchase of equipment this year have been prepared so that there are better features in the specifications, and once the tenders have been received the staff will be making recommendations based on our own experience on the equipment. The Mayor asked that the Council members be provided with a copy of the specifications required, for their information on looking at the equip- ment. Councillor A. Vincent stated he wants to have the information before the Council sees the tender prices he wants to know what the trade name of the equipment is, and so on,. before he makes up his mind which is the best piece of equipment. Mr. MacKinnon replied that he anticipates that the complete report on all the equip- ment the City owns, that is now being printed, will be submitted to the Council within two weeks. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the letter from the City Manager submitting a report from the Executive Director of Operations which gives details concerning the progress with the clean-up of Marsh Creek, and advising that further to the said report, a meeting was held with Mr. B. B. Barnes, Assistant Deputy Minister of Fisheries and Environment, on March 25th last at which time further steps to be-taken was discussed, and further advising that a Brief will be prepared for submission to the Cabinet on April 23rd next regarding the Marsh Creek, be received and filed and the City Manager and the staff of the Works Department be thanked for the good job they have done regarding the said clean -up work. Councillor Hodges recalled that at the recent meeting held with the Glen Falls people two items were broached, one of which was that years ago the Marsh Creek was twice its present width. He stated that if this is so, he wonders if we could find out what the width should be of this Creek, because with this cleaning out work and if the Creek were widened it would provide a larger area for the water to go; the second item was that a lady on Connaught Street was experiencing a backing up of the sewer in her yard. He asked if that sewer back -up problem was rectified. Mr. MacKinnon replied in the affirmative. Recalling that when the Marsh Crek flooding problem was first brought to the attention of Council by the residents of the area we were talking in the millions of dollars to rectify the problem, Councillor M. Vincent noted that the total expenditure to date, from Mr. MacKinnon's report submitted by the City Manager, has been $7,630.00 for the start in the clean-up programme for Marsh Creek and that a noticeable increase in the flow characteristics is apparent; he therefore concluded that it is obvious that the task was not as great as it seemed at first, and with this small amount of money spent and the amount of work done as a start we are seeing tangible results, already. He asked for information on the block area at Haymarket Square, referred to in Mr. MacKinnon's report, and why this situation was not noticed before. In reply, Mr. MacKinnon stated that the block areas he refers to on the Marsh Creek bridge are part of the old aboideau gates which are no longer there but the passageways are there; this area has been cleaned out three times since the start of the clean-up of the Creek; with regard to why it was blocked, it blocked very frequently and it is a matter of making inspections - it can get blocked very quickly if we do not make weekly inspections; as indicated in his report, the amount and type of the debris varies from structure to structure and it is difficult to say what is liable to get into the structure - our inspection now indicates there is a lot of timber in one of these passageways and you do not normally see most of it. Councillor A. Vincent asked when we took the gates off, on the left hand side going out, right across from the Irving service station. Mr. MacKinnon stated he does not know the specific time; however, the aboideau gates are now on the causeway culverts and not on the Marsh Creek bridge. In reply to Councillor A. Vincent's question as to whether the problem is under the Marsh Creek bridge, where the timbers are because, somehow, the gates were taken off and now it is not possible to get in and clean up there. Mr. MacKinnon advised that the aboideau gates were always on the downstream end and they are intended to close with the incoming tide; if they were on the upstream side of the bridge, the gates would be closed to the flow of the stream itself - they are only intended to close with the tide coming in. Councillor A. Vincent stated that there were gates on both sides, at one time. Councillor A. Vincent asked if the culverts are not too high, back of Downey's Limited where the track runs over. Mr. MacKinnon replied that he does not have a report on the height of them - there is some discussion now with the Railways and with the Department of Fisheries and Environment on the size of the culvert sections, not only those under discussion but also those in the vicinity of the One Mile House. Councillor Gould felt that the City should keep a much closer check to ensure that dumping of debris does not take place in the Marsh Creek, or provide by -laws whereby if such dumping takes place the parties responsible for doing it are fined; he felt this would be much more effective. Councillor Cave pointed out that the cleaning out of the culverts under the Marsh Creek bridge and the building of the coffer dam have to be done very carefully because the water pipes leading into the city from Loch Lomond go under that bridge. Councillor M. Vincent noted that the Council, before receiving this report, was not aware of the need for a coffer dam with regard to clearing the culverts, and the installation of temporary flood gates on the outflow in order to make an inspection and institute repairs during July or August when the water level is down considerably - and he asked if this is something that the staff will be able to proceed with if it is required or is it something that is going to have to come back to Council for approval, and what is going to happen regarding the problem. Mr. MacKinnon explained that the coffer dam is merely to direct the water around those particular openings - it is just a barrier, and we are hoping it is not going to amount to a very big job, and that we can get in and clean the openings out; there are a number of ways to approach it, and if it requires a large expenditure of money the matter will be brought back to Council; we will have a better chance to examine the problem and we believe we can do the work without too great a cost. He pointed out that regarding the increase in flow that was attained by the expenditure of the said $7,630.00, this is the time of year when the flow is normal or getting low; however, it is only a temporary step - if we get any kind of flooding conditions, all of the other items thathweree.expenpiwei- cforfexamp3e;lonecon Rothesgyr;Ayenue -!to cost an estimated $350,000.00, and the larger item dealing with the storage area, to cost an estimated $5,000,000.00 - are going to be neces- sary in order to give you the 25 -year storm figures that we were looking at. Commenting on the fact that debris is being thrown "',into the Marsh Creek, Councillor Kipping noted that this is being done regardless of the waste disposal system in our city whereby you can bring any quantity of waste material to the dump, and he felt that we need some tightening up of regulations to prevent ® the throwing of debris into the waterway; he also felt we need some better citizenship in this problem. Councillor Davis noted that the land on the Marsh Creek we have been dealing with has been quite accessible, and he asked if we have any co- operation from the Provincial Government regarding the least ac- cessible, private land further up Marsh Creek, and if the Provincial Government is involved in this discussion, m 458 007rsxi C enk ,OTC 6cci /diri9 i n /1%drSi7 Cr�� Al ottil�% at all. In reply, Mr. MacKinnon stated that we have a number of things to discuss with the Provincial Department - amongst them are some of the structures that are there that are in use and what the Can- adian National Railways can do with them - there is one structure there that is not in use and the government is going to talk with the Railways about that structure; as far as dealing with the clean -up, we have not experienced any difficulties about getting on to any land that he has been aware of - when we have been on private property we have not been challenged and he does not believe we have expected to be challenged, so we have not had any problems; we have gone the entire length of the Creek, all the way up to some of the upper reaches in the Golden Grove area and we have.not had any problems - however, if that was a problem, we would consult the Legal Department. Councillor M. Vincent asked when the Brief that is to be submitted to the Cabinet will be available for the Council's perusal before the April 23rd meeting date. Mr. Barfoot replied that the Brief should be ready for the next meeting, or the meeting after that, of Council - it will be a draft Brief, for Council in -put at a meeting. Councillor Pye advised that he wished to propose a motion in regard to the matter under discussion, having to do with the Glen Falls area residents. On motion of Councillor Pye Seconded by Councillor Gould RESOLVED that no future building be permitted in the Glen Falls area until the existing periodic flooding threat is completely and satisfactorily dealt with. It was noted that a motion to place the above proposed motion on the agenda of this meeting was required. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that the item that Councillor Pye wishes to introduce as a motion be placed on the agenda of this meeting. Councillor M. Vincent agreed that one of the items the Council had discussed was that until the flooding problem in Marsh Creek in the area of Glen Falls was corrected, that development expansion, et cetera, be stopped or held to a minimum, and he asked if the City Solicitor would state whether the Council is taking a legal course of action in making this an official motion; he added that he agrees with the intent of the motion. In reply, Mr. Rodgers stated that, generally speaking, the Council certainly cannot cut off the issuing of building permits when the applicant for the building permit meets all the regulations that the City has laid down; with respect to this area, he believes that in one report from the Planning Advisory Committee Mr. Zides said he was looking into some area of possibly restricting further construction due to the type of sod and that sort of thing, but he does not know how far that examination has gone - but as of today, there is no restriction on building permits, and the above motion itself, will not do it. Mr. Barfoot regarding the matter of restriction of building along the floodway, stated he thinks will be one of the policy decisions'which will be brought before Council, but he believes it will be just along the area to be flooded and not the entire district of the catchm- ent of the Marsh Creek. The Mayor asked if Councillor Pye accepts the fact that this matter is being looked into and therefore withdraws his motion until Council has further study of it. Councillor Pye replied that he preferred to have his motion stand in view of the fact that additional building in the area will tend to increase pressureion. itheesewageesystem,which'.ten3s to back up the flood waters. Councillor Davis pointed out that in speaking of the "Glen Falls area" we have to define the area, and stated he does not think that the motion proposed is a proper motion, at all, with the Glen Falls area not specifically defined. Question being taken on the motion to place the item on the agenda of this meeting, the motion was defeated with Councillors Davis, Kipping, Cave, Hodges and Parfitt and the Mayor voting "nay ". On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from the City Manager submitting a report from the Director of Recreation and Parks concerning the Forest Hills District Park, in reply to the request made to the Council meeting of March 24th for a report on the status of this development, ad- vising that the Province of New Brunswick is anticipating budgeting $50,000.00 for work on Site "A ", the present School Board property, and the City has deferred an equal sum in 1974 for consideration in the 1975 Capital Budget, and recommending that the City give priority in its 1975 Capital Budget to work in Phase 1 of the said District Park, be received and filed and the recommendation adopted. Councillor M. Vincent noted that Site "A" as indicated in the above report, is the area shown on the drawing, surrounding the School. Mr. Barfoot confirmed this, stating it is the area that is some sort of a field there and some unlandscaped area there now; this is the first - priority area for develop- ment of playing.fields. Councillor M. Vincent, in referring to Mr. Nicolle's report and the drawings he has seen, stated that was not the first area to commence development because that is the periphery of the school grounds which he thinks is the Provincial responsibility and not the responsibility of the City. He did not believe we are going to spend $50,000.00 on School property. He suggested that Site "B" is the area we were talking about having development on. Mr. Barfoot pointed out that the report is the recommendation from the Recreation and Parks Department who have looked into this matter thoroughly; the development of school grounds has been undertaken before by this Council as a "joint use project, for the use of schools for recreational purposes, for the development of grounds - in this particular case, he understands that the School Board is budgeting $50,000.00 in addition to whatever the City might decide to put into it. Councillor M. Vincent pointed out that the residents of the area were not asking for an explanation of what site we are going to develop, and when - they were asking that this item be given priority and that substantial amounts of money be awarded in the 1975 Capital Budget for development. He noted that the report is sectionalizing the area, and he does not think it is in line with what was presented to the area by Mr. J. Gabriel, Assistant Director of Parks and he believes Mr. MacKinnon will recall having attended a meeting there. He pointed out that these residents want to know whether the Council is going to increase the Capital Budget in this matter, and not what sections of the area we are going to start developing. In reply, Mr. Barfoot noted that the report stated that Site "A" will feature a large multi - purpose landscaped area of sufficient size to allow for soccer, football, practice track and field activities, field hockey and fastball - also included will be a multi- purpose paved area, walkways and bicycle paths; he added that this is quite a development. Councillor A. Vincent asked what the cost will be of the paved area. Mr. Barfoot replied that he did not have the breakdown of cost with \J r_ 0 • • 459 fvi+esz'r //// On motion of Councillor Cave .'6iool /' @Cc /Oil Seconded by Councillor A. Vincent di'eav 7 RESOLVED that the above matter be laid on the table until the Council receives the information that Councillors Cave and A. Vincent require. Question being taken, the motion to table was carried with Councillors Parfitt and Gould voting �j 9e Councillor A. Vincent asked that the City Manager arrange a meeting between officials of the School SC /V/�� Ste/° � Board and the Recreation and Parks Department to see that the Department of Education is not being relieved of responsibility in the above discussed matter, because he feels that some of the work that the City is saying is going to be done has been promised to be done by the Provincial representative of the area on the Legislative Assembly. On motion of Councillor Cave Seconded by Councillor Davis RESOLVED that the letter from the City Manager advising that on November [` ice 19th, 1973, the Council in agreeing to final payments on the Gerald J. Ryan Co., Ltd. contract on the Marsh .S kf. . ;dk*7e Creek Sewerage Scheme held back $28,782.00 on account of alleged damage claims then outstanding from Ellis Sales and Service (Mi;e House Car Sales), Randy's Restaurant, Fernhill Cemetery Co., Albert J. Button, Kasten C c7% S J. K. Skavn et` ux Harold Somers Estate and New Brunswick Broadcasting Co., Ltd., and that the claims of all ISt/ /S /ems but the latter two named parties have been settled between the Company and the parties involved and the'draft forms of release have been examined and approved by the City Solicitor regarding the claims that have been settled; and advising that the said two other claims in the amount of $4,827.00 are still outstanding and the /,; /X contractor does not foresee settlement in that the claims are being denied on the advice of their experts - A /6ei¢� 1 however, in view of the fact that these two claims are still outstanding, Gerald J. Ryan Co., Ltd. and Desourdy Construction Limited are willing to undertake to defend any action commenced by the Harold Somers Estate and Jil9i�N e¢ tfX the New Brunswick Broadcasting Co., Ltd. for damages arising out of the construction of the said Marsh Creek Sewerage Scheme and to protect and save harmless the City of Saint John from any damages which may be awarded against the City arising out of the said construction; and recommending that the sum of $28,782.00 be released as follows:- $4,500.00 to be made payable to Randy's Restaurant Ltd.; $3,000.00 to be made payable to Fernhill 1Y3, ffA1.?d- Cemetery Company; the balance of $21,282.00 to be made payable to McKelvey, Macaulay, Machum & Fairweather in G°a�St /h �o�C trust - and that these payments to be subject to approval by the City Solicitor of the final release forms and ZAAundertaking -- be received and filed and the recommendation adopted. /s6ia i�i'� During discussion of the above matter, Mr. Barfoot advised that with regard to the information that ,Ie Gerald J. Ryan Co., Ltd. and Desourdy Construction Limited are willing to undertake to defend any action od �0! /:�'�6 commenced by the two claimants above named and Councillor MacGowan's question as to whether the City has that in writing, the recommendation is that this will not be paid until these things are in writing and to the 7 a7�1�7, satisfaction of the City Solicitor. In reply to Councillor Cave's question as to whether the above recommendation: if carried out means that the City has no legal liability against the parties, Mr. Rodgers stated that the Ellis Sales and Service, Randy's Restaurant, Fernhill Cemetery Co., Albert J. Button and Kasten J. K. Skavn at ux will be taken care of by releases releasing the City from any further claims; with regard to the other two claims, there has been no further follow -up to their claims for months but the period of limitation is for twenty years - so, any time within twenty years they have a right to start an action; the undertaking that will be given on behalf of Ryan and Desourdy will be to the effect that if ever within that period of time a claim is commenced against the City by New Brunswick Broadcasting Co., Ltd. or Harold Somers Estate they will defend the action on behalf of the City and indemnify the City. In reply to Councillor A. Vincent who stated he would like to know why the Harold Somers Estate solicitor is not named in the above arrangement, and why the City is paying the $21,282.00 in trust to the lawyer for New Brunswick Broadcasting Coo, Ltd. and this would mean the heir to the said Estate would have to go pleading to the said legal firm for payment, and who stated he thinks that the solicitor for the said Estate should be tied in to this trust arrangement. -- Mr. Rodgers explained there is no money being paid to the said Estate or to anyone connected with the said Estate or New Brunswick ® Broadcasting Co., Ltd.; the money is being released and the undertaking is with respect to the two unsettled claims and is being guaranteed by Ryan and Desourdy, and the solicitor is McKelvey, Macaulay, Machum & Fairweather. Councillor A. Vincent stated he believes that the solicitor for the Harold Somers Estate is Mr. Lyman Purnell. Mr. Rodgers replied that his information is that.Mr. Purnell is no longer the solicitor for the said Estate. Po%ver p /ant �e'ore�au �rnv,6!ovz- Question being taken, the motion was carried with Councillor A.Vincent voting "nay" On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the following resolution be adopted, namely, in re- tion of the resolution adopted by Common Council on March 11th, 1974 on the same subject:- "WHEREAS Mayor A. R. W. Lockhart in September, 1973, publicly endorsed the strategy of the New Provincial Government and the New Brunswick Electric Power Commission to develop nuclear power in the , AND WHEREAS the Provincial Government is known to be close to agreement with the Federal Government on the funding of such development; AND WHEREAS the development of nuclear power will bring enormous economic and social benefits to the province without undue risks; AND WHEREAS Southern New Brunswick can offer a suitable physical location, and is already being as a major oil and electrical energy base: THEREFORE BE IT RESOLVED that this Council does hereby fully support the Provincial nuclear energy tegy and the nuclear power plant location at Point Lepreau." Councillor Parfitt pointed out that The Honourable Jean Sauve, Federal Minister of the Environment, as gone on record as saying that nuclear power is the safest and cleanest form of energy. The Mayor noted that there are many people out to destroy the idea that this power plant would be a clean operation, and that the Council want people to realize that this type of power source is a viable thing and will be with us a long time. He stressed that this is the cleanest type of power that we can get in the area, and that we should be looking forward to it. Councillor MacGowan stated that to be consistent with her previous voting on this subject she will have to vote against the above motion as she cannot fully support it - she may partially support it. him. Councillor A. Vincent asked if we do not have the breakdown, how do we know the work is going to cost �� FOre5- L lT1 $50,000.00. Councillor Cave stated that there from the report that is before Council, and he Budget will be before Council in approximately is a lot of information he noted from Mr. Barfoot that two weeks' time. needs to know that it is anticipated he cannot that the obtain Capital fvi+esz'r //// On motion of Councillor Cave .'6iool /' @Cc /Oil Seconded by Councillor A. Vincent di'eav 7 RESOLVED that the above matter be laid on the table until the Council receives the information that Councillors Cave and A. Vincent require. Question being taken, the motion to table was carried with Councillors Parfitt and Gould voting �j 9e Councillor A. Vincent asked that the City Manager arrange a meeting between officials of the School SC /V/�� Ste/° � Board and the Recreation and Parks Department to see that the Department of Education is not being relieved of responsibility in the above discussed matter, because he feels that some of the work that the City is saying is going to be done has been promised to be done by the Provincial representative of the area on the Legislative Assembly. On motion of Councillor Cave Seconded by Councillor Davis RESOLVED that the letter from the City Manager advising that on November [` ice 19th, 1973, the Council in agreeing to final payments on the Gerald J. Ryan Co., Ltd. contract on the Marsh .S kf. . ;dk*7e Creek Sewerage Scheme held back $28,782.00 on account of alleged damage claims then outstanding from Ellis Sales and Service (Mi;e House Car Sales), Randy's Restaurant, Fernhill Cemetery Co., Albert J. Button, Kasten C c7% S J. K. Skavn et` ux Harold Somers Estate and New Brunswick Broadcasting Co., Ltd., and that the claims of all ISt/ /S /ems but the latter two named parties have been settled between the Company and the parties involved and the'draft forms of release have been examined and approved by the City Solicitor regarding the claims that have been settled; and advising that the said two other claims in the amount of $4,827.00 are still outstanding and the /,; /X contractor does not foresee settlement in that the claims are being denied on the advice of their experts - A /6ei¢� 1 however, in view of the fact that these two claims are still outstanding, Gerald J. Ryan Co., Ltd. and Desourdy Construction Limited are willing to undertake to defend any action commenced by the Harold Somers Estate and Jil9i�N e¢ tfX the New Brunswick Broadcasting Co., Ltd. for damages arising out of the construction of the said Marsh Creek Sewerage Scheme and to protect and save harmless the City of Saint John from any damages which may be awarded against the City arising out of the said construction; and recommending that the sum of $28,782.00 be released as follows:- $4,500.00 to be made payable to Randy's Restaurant Ltd.; $3,000.00 to be made payable to Fernhill 1Y3, ffA1.?d- Cemetery Company; the balance of $21,282.00 to be made payable to McKelvey, Macaulay, Machum & Fairweather in G°a�St /h �o�C trust - and that these payments to be subject to approval by the City Solicitor of the final release forms and ZAAundertaking -- be received and filed and the recommendation adopted. /s6ia i�i'� During discussion of the above matter, Mr. Barfoot advised that with regard to the information that ,Ie Gerald J. Ryan Co., Ltd. and Desourdy Construction Limited are willing to undertake to defend any action od �0! /:�'�6 commenced by the two claimants above named and Councillor MacGowan's question as to whether the City has that in writing, the recommendation is that this will not be paid until these things are in writing and to the 7 a7�1�7, satisfaction of the City Solicitor. In reply to Councillor Cave's question as to whether the above recommendation: if carried out means that the City has no legal liability against the parties, Mr. Rodgers stated that the Ellis Sales and Service, Randy's Restaurant, Fernhill Cemetery Co., Albert J. Button and Kasten J. K. Skavn at ux will be taken care of by releases releasing the City from any further claims; with regard to the other two claims, there has been no further follow -up to their claims for months but the period of limitation is for twenty years - so, any time within twenty years they have a right to start an action; the undertaking that will be given on behalf of Ryan and Desourdy will be to the effect that if ever within that period of time a claim is commenced against the City by New Brunswick Broadcasting Co., Ltd. or Harold Somers Estate they will defend the action on behalf of the City and indemnify the City. In reply to Councillor A. Vincent who stated he would like to know why the Harold Somers Estate solicitor is not named in the above arrangement, and why the City is paying the $21,282.00 in trust to the lawyer for New Brunswick Broadcasting Coo, Ltd. and this would mean the heir to the said Estate would have to go pleading to the said legal firm for payment, and who stated he thinks that the solicitor for the said Estate should be tied in to this trust arrangement. -- Mr. Rodgers explained there is no money being paid to the said Estate or to anyone connected with the said Estate or New Brunswick ® Broadcasting Co., Ltd.; the money is being released and the undertaking is with respect to the two unsettled claims and is being guaranteed by Ryan and Desourdy, and the solicitor is McKelvey, Macaulay, Machum & Fairweather. Councillor A. Vincent stated he believes that the solicitor for the Harold Somers Estate is Mr. Lyman Purnell. Mr. Rodgers replied that his information is that.Mr. Purnell is no longer the solicitor for the said Estate. Po%ver p /ant �e'ore�au �rnv,6!ovz- Question being taken, the motion was carried with Councillor A.Vincent voting "nay" On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the following resolution be adopted, namely, in re- tion of the resolution adopted by Common Council on March 11th, 1974 on the same subject:- "WHEREAS Mayor A. R. W. Lockhart in September, 1973, publicly endorsed the strategy of the New Provincial Government and the New Brunswick Electric Power Commission to develop nuclear power in the , AND WHEREAS the Provincial Government is known to be close to agreement with the Federal Government on the funding of such development; AND WHEREAS the development of nuclear power will bring enormous economic and social benefits to the province without undue risks; AND WHEREAS Southern New Brunswick can offer a suitable physical location, and is already being as a major oil and electrical energy base: THEREFORE BE IT RESOLVED that this Council does hereby fully support the Provincial nuclear energy tegy and the nuclear power plant location at Point Lepreau." Councillor Parfitt pointed out that The Honourable Jean Sauve, Federal Minister of the Environment, as gone on record as saying that nuclear power is the safest and cleanest form of energy. The Mayor noted that there are many people out to destroy the idea that this power plant would be a clean operation, and that the Council want people to realize that this type of power source is a viable thing and will be with us a long time. He stressed that this is the cleanest type of power that we can get in the area, and that we should be looking forward to it. Councillor MacGowan stated that to be consistent with her previous voting on this subject she will have to vote against the above motion as she cannot fully support it - she may partially support it. 460 �. e7bfi PXC// eti' oSw6� a'i v. �w6 /c ,� /ahh, f dvrs �0IY!l77. .f3ays�ile.l7r. fraferss t9m 111okl ijolrles %Z?&-$2iny Oi° /CBS {'or ?�eyiana/ �t/os� s.7."1�eyian .�oirit %%anh. fie- ,zon/i�ng,� �0lY1 n7. Ppe- �dn %h9 mast ,Fh�er�orises ��%77/77 • 00101n,I?? � ? ? "t /vet" Question being taken, the motion was carried with Councillors Pye and MacGowan voting "nay ". On motion of Councillor M. Vincent • Seconded by Councillor Cave RESOLVED that the letter from the City Solicitor with reference to purchase by the City of a parcel of land located on Greenhead Road from the Saint John Loan Company Limited which was authorized by Common Council resolution of December 9th, 1974, advising that the said company refused to finalize this matter until a land exchange was agreed to between the City and the company in the Greendale Sub - division, and that Council resolution of March 3rd, 1975 authorized this • .land exchange, and further advising that, accordingly, an agreement to exchange lands in the said Sub- division has been prepared so that, upon execution of the agreement by both the City and the company, the Greenhead Road matter can be finalized, and explaining that in the Greendale land exchange the City is deeding a portion of the park or green area behind Mollins Drive in return for Lot 16, Block F owned ' by Saint John Loan Company Limited and fronting on Greendale Crescent, and that since the land the City is exchanging has been set aside as public land, it is necessary for Common Council to have the concurrence of the Planning Advisory Committee before the land can be sold (this is a requirement pursuant to Section 43(1) of the Community Planning Act), and recommending, in view of the above, that the Common Council request the necessary concurrence of the Planning Advisory Committee so that this matter can be finalized -- be received and filed and the recommendation adopted. On motion of Councillor Cave ' Seconded by Councillor M. Vincent RESOLVED that the City Manager be asked to provide a report for the next meeting of Common Council advising the Council of the starting date and the completion date 'of rebuilding Bayside Drive. On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that the letter from Mr. J. Kent Tingley, Planning Co- . ordinator, Saint John Region Joint Planning Committee, advising that the space now occupied by the planning offices in the Saint John General Hospital nurses' residence is required for expansion of some of the hospital programmes, and additional space for planning purposes will be required as the stages of detailed programming and detailed drawings are proceeded with for the new Regional Hospital, and that because of the day to day communication with members of the various General Hospital departments these* offices will have to be located in the immediate proximity of the General Hospital for the next one to two years, and requesting that the Common Council give consent to the location of industrial trailers by the said Joint Planning Committee on vacant land at 16 -24 Delhi Street which is owned by the Board of Commissioners of the Saint John General Hospital, which Board has granted its approval to the locating of the said planning offices in industrial trailers on the said property, and that the Council's consent be for the next one to two years, commencing July 1st, 1975 -- be received and filed and the request granted. On motion of Councillor Hodges ' Seconded by Councillor M. Vincent RESOLVED that the application from Mr. Gilbert Kenny for re- zoning of property located at the corner of King William Road and Ocean Westway to permit a motel business on this site, be referred to the Planning Advisory Committee for a recommendation. Discussion ensued regarding the application made by East Side Enterprises Ltd. for re- zoning of property on the south side of University Avenue, in Phase II of Millidgeville Estates, being an area of 16.55 acres, for the building of seventeen 12 -unit, three- storey brick veneer apartment buildings, and the letter from the company which states that it is the company's understanding after consultation with the Planning Department and two appearances before the Planning Advisory Committee that they now favour this proposal, and the request to Council from the company for Council's approval of this application so that the required advertising may proceed forth. A motion was proposed by Councillor Hodges, seconded by Councillor Gould, that the application be referred to the Planning Advisory Committee for a report and recommendation and that authority be granted to proceed with the necessary advertising. Mr. Zides • advised that this application has been before the said Committee and he believes the Committee is in a position to make a positive recommendation to proceed to advertise this re- zoning. With regard to the question discussed by Council at its March 24th last meeting on proceeding to advertise the proposed re- zonings prior to receipt by Council of a recommendation from the Planning Advisory Committee, Mr. Zides advised that there was a statement some time ago when the rule was made that these matters would be referred to the Planning Advisory Committee without advertising but that there would be some cases where Council in its discretion would authorize advertising. He stated there really is not very much wrong with instructing the Common Clerk's office to go ahead with advertising provided that Council under- stands that in some circumstances after consulting with the Municipal Pinning Director, he will be advised, and will probably take the said Director's advice, that (a) this does not look very good, (b) that something is wrong with the class of zoning, (c) the area will have to be bigger - and so on - in ' that case, there will be a hold -up. On motion of Councillor Hodges Seconded by Councillor Kipping RESOLVED that the application from East Side Enterprises Ltd. re- zoning of 16.55 acres of land on the south side of University Avenue, in Phase II of Millidge- , e Estates, for the building of seventeen apartment buildings, be referred to the Planning Advisory ittee for a recommendation. Question being taken, the motion was carried with Councillor Gould voting "nay ". On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the item on the Committee of the Whole section the agenda for this meeting of Council (pertaining to Saint John Industrial Parks Ltd.) be withdrawn m the said agenda section as the Directors of the said company have not had an opportunity to meet. • On motion The meeting adjourned. Common CS11r= ~- I 46.1:. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the seventh day of April, A. D. 1975, at 4.00 o'clock p.m. • present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - ' Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, S. Armstrong, Engineer with the Works Department, M. Zides, Municipal Planning Director, P. Clark, Fire Chief, E. W. Ferguson, Chief of Police, and D. French, Director of Personnel and Training. 71 �1 ALr6 /f�atior Q, 45 The meeting opened with a prayer which was invoked by Major Norman Wood of The Salvation Army. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on 24th last, be confirmed. Councillor A. Vincent, referring to the legal session of the above named minutes, asked if the City Solicitor has in his possession the bills concerning Reverend-H. C. Quinn and Mr. T. L. McGloan, Q. C. Mr. Rodgers replied that these bills are in his office. Councillor A. Vincent asked when they will be coming before Council. Mr. Rodgers advised that these bills will be submitted at the next meeting of Council. Councillor A. Vincent asked if, at that time, Mr. Rodgers would give him a legal opinion as to whether these bills could be taxed under the Supreme Court of New Brunswick under Section 27 of the Arbitration Act, signed by the Lieutenant Governor on October 18th, 1972. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that minutes of the meeting of Common Council, held on March 31st last, be confirmed. On motion of Councillor M. Vincent Seconded by Councillor Gould Ii RESOLVED that as recommended by the City Manager, approval be granted for e hP% /+H payment of the invoice from Stephen Construction Co., Ltd. dated April 1st, 1975, in the amount of $13,414.75, JL �J , for supplying asphalt to the Works Department during the period March 24th to 31st, 1975• On motion of Councillor Gould p- Seconded by Councillor Higgins RESOLVED that the letter from the City Manager, submitting Amendment 9�ie�/ef7Z� number 26 to the Agreement between the Province of New Brunswick and the City of Saint John, dated August 30th, �6 flo !4�l�e 1971, advising that the purpose of this amendment is to allow the Department of Regional Economic Expansion to A1ei7'6 P Q increase its cost - sharing in the Milford- Randolph - Greendale Collector Sewer project to replace Central Mortgage and Housing Corporation participation, as the design capability flow of the said collector sewer is not high GiB�� Cho% enough to permit the involvement of the said Corporation, and advising that the total project cost is estimated f/ to be one point seven million dollars and the City staff do not anticipate any problem in obtaining Department Odle 00/�S f Regional Economic Expansion cost - sharing for the total estimated cost of the project, and a further amendment AO.4,jeCt to the agreement, which will provide for the necessary funding, is expected shortly, and further advising that the closing date on this amendment is March 31st, 1975 and that the City has requested an extension of this deadline but no official reply to the request has yet been received - and recommending that the Common Council %J 1� approve of this amendment to the Special Areas Agreement, be received and filed and approval be granted of the said Amendment Number 26, and that the Mayor and Common Clerk be authorized to execute the said amendment on behalf of the City. On motion of Councillor M. Vincent Tepdera Seconded by Councillor Gould C'gA/7y�a�h RESOLVED that the letter from the City Manager, advising that tenders ���/ oS•/2i, closed on March 12th, 1975 for Contract "D" of the Champlain Heights Collector Sewer System, Little River Sewerage Scheme, that the City's consultant has reviewed the tenders and has recommended the acceptance of the low tender and that the Works Department agrees with this recommendation, and that the Liaison Committee is presently being approached for approval to award the contract to the low tender, and recommending that the said S#W&, /7 tender be awarded to the low bidder, Gerald J. Ryan Company Limited for the sum of $178,810.23 and that the Mayor and Common Clerk be authorized to execute the Agreement in this regard -- be received and filed and the recommendations be adopted. On motion of Councillor Gould Seconded by Councillor Green 1 RESOLVED that the letter from the City Manager, advising that funds have been received from the Saint John Board of Trade for the purpose of providing cardiac care equipment for the Cam% Saint John Fire Department rescue unit; that the Fire Chief, together with Councillor Gould and a representative of New Brunswick Telephone Company, Limited, who are responsible for hooking up the equipment, visited the City �•T• % of Calgary and have seen a unit in operation there; that Sterisystems Ltd. of Montreal, Quebec, who are the afte %o7C Oa sales agents in Canada for this equipment, quote the following prices for the following equipment that is ee / ~P7 t required at this time: 1 only Model 09 -00176 CSA Lifepak 4 - $3,980.00; 1 only Model 09 -00177 Modulator - sq� e $500.00; 1 only Model 09 -10223 Demodulator - $500.00 - all prices subject to applicable taxes -- and recom- mending that approval be given to order the said equipment immediately, be received and filed and the recom- mendation adopted. XA, In reply to Councillor Davis' question as to whether the City has staff at the present time to operate the above noted equipment, or what it will cost to operate it, Mr. Barfoot advised that the City does AWA- -7 M 4ftz1 C have staff and this is part of the paramedic operations and staff have been trained in this regard, and ad- ditional staff will not be required at the moment for this purpose. Councillor Davis asked if the staffing of O�°t! 0/75 this equipment will be by firemen who will not be performing their regular duties. In reply, Mr. Barfoot II 46' pointed out that this equipment will be in the Rescue Squad which is presently staffed and has one Rescue Squad vehicle. Councillor Davis asked if the above noted equipment will be going into the new Rescue Squad vehicle. In reply, Councillor Gould advised that the present Rescue Squad personnel are being trained to be paramedics and this system is going to be added to the Rescue Squad operations - that is, this equipment will go in to the present Rescue Squad vehicle and at the present time no new, additional staff is required. On motion of Councillor Cave Seconded by Councillor Pye RESOLVED that the letter from the City Manager advising that Mr. fjeSl9NIQ2�i'On David A. Carter, Economic Co- Ordinator, has submitted his resignation from the City's employ, effective 0�7 vj d /97 eQp,* April 25th, 1975 and that Mr. Carter has accepted a position with the Ministry of State for Urban Affairs in Ottawa, and noting that Mr. Carter's contribution during the past three years has been of - & -obos" / C great value to the City, and his departure will be keenly felt in a very wide sphere of activities, be Cp.- Ord�h�to r received and filed and Mr. Carter's resignation be accepted with regret and that he be commended and thanked for his valuable service to the City and wished the very best in his new endeavour. Councillor A. Vincent asked for a list for the next Council meeting of those among the top civic servants of the City who have given notice they are leaving the City's employ or who are looking around for other positions, and stated he feels the City has to do something about salaries, otherwise Se7 /.?rl6IS it is just a training ground for these officials who go on to other jobs. C /v�C ,ployee On motion of Councillor Green Seconded by Councillor Higgins RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices for-equipment rental:- -4-f ;.p hi°`1�e7 f D. Hatfield Ltd. - to the Water Dept. March 1 -15, 1975 J�. ffa'ie /d (dated March 19, 1975) $ 2,236.10 - to the Works Dept. March 1 -15, 1975 (dated March 19, 1975) $ 8,019.35 Councillor MacGowan asked that Mr. MacKinnon check to see if it is possible that the City would save money by hiring equipment (such as half -ton trucks, et cetera) and using the City's own operators, rather than hiring the equipment with operators of the renting contractor. eli/����lfij SOlyl/� On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the City Manager, approval be granted for payment of the following construction progress certificates regarding projects that have been undertaken under the Department of Regional Economic Expansion pro - gramme: - 1. Western Area Collector Sewer Gaspe Construction Ltd. d Total value of contract $ 323,580.00 g�p4°COrJS Total value of work done 324,998.79 Retention 12,187.48 Payments previously approved 276,248.97 'Sum recommended for payment, Progress Estimate Number 9, April 1, 1975 $ 36,562.36 I^C 2. Bayside Drive Reconstruction and Extension CE3ti7� /Oh Phase I - Little River Bridge Number 1 (Widening) A4X 0049" Contractor: Atlas Construction Maritimes Ltd. �C21� �t,�°i Total value of contract $ 238,255.70 /G� }tl/ �/ Total work done 21+5,804.99 ph(dC,4& AVAA7/ Retention 15% Nil lrzc�feF l'mnsf Payments previously approved 201,870.75 / / A Sum recommended for payment, Progress Estimate Number 6, A1.9."04 idwe-o A54 Final release of holdback $ 43,934.24 3• Spruce Lake Intake Installation of 73 -inch Water Intake r,«CILZV7 Ruliff Grass Ltd. 3yt I__ �w9�5 Original value of contract $ 145,316.00 Value of work to date 115,809.00 �DJ�GLr Retention 17,371.35 Payments previously approved 57,963.03 rt f-f CT Sum recommended for payment, Progress Estimate Number 3, March 18, 1975 $ 1+0,474.62 On motion of Councillor Green -1 ��r. /_h Seconded by Councillor Cave % /�a7 RESOLVED that the letter from the City Manager, advising that as a eomoy/ e result of meetings held between the Land Committee and representatives of the Province of New Brunswick Fr0(/ '(j -�py� and the Irving interests, agreement was reached on March 19th, 1975 to relocate the Hazen Creek sewage �r��hI �ynte treatment lagoon (which area, adjacent to the existing sewerage lagoon built for Grandview Industrial ���i /n� // 156 Park, was identified in the Comprehensive Community Plan as the site for sewerage treatment for the the for funds in in Second Agree= Z,e/7C.NCei{ astern part of city, and which were provided 1971 the Special Areas 'E Vent� /a9a ment and land acquisition was begun - however, at that time the City discovered that the Irving interests, which owned part of the land required, had a long term use for the land and did not wish to make any �"efOCO7�/ Oh part of it available for a sewerage treatment plant - subsequently, the Province become involved as a portion of the Province's land holdings in the McAllister Industrial Park were to be exchanged for the lands required for the said lagoon - however, final agreement completely satisfactory to all parties was never achieved) to a site one thousand feet downstream, which was satisfactory from engineering, environ- mental and industrial points of view, and redesign work will be proceeding preparatory to the calling of tenders - and recommending that the Common Council approve the relocation of the Hazen Creek Sewerage Treatment Lagoon as shown generally on the submitted plan -- be received and filed and the recommend- ation adopted. E 0 • • n • I 463 On motion of Councillor Gould • ��y/�� /� Seconded by Councillor Cave RESOLVED that the report of the Water and Sewerage Division of the Works Department, summarizing the activities of the Department during January and February last, be received and filed. On motion of Councillor Higgins Seconded by Councillor Hodges N r o RESOLVED that the letter from the City Manager, further to the enquiry at J the Council meeting of March 10th last, advising that since September 5th, 1974 approximately 64 hours have been spent in meetings between the City Negotiating Committee and the Negotiating Committees of Canadian Union of public Employee Locals 18, 61 and 486, and recommending in this regard that the Personnel Department be stren- gthened by the addition of an Industrial Relations Officer who would be able to devote his full time to matters �' ;;e� dealing with the administration of labour contracts, be received and filed. %lg�/ oYIS Councillor A. Vincent stated he is concerned that the hours in the above regard are not correct, and that the hours spent in negotiating by the above named Committee tally with the number of hours the three Unions have spent on negotiations. Noting that he had asked for the figures for the period since September, he felt ' that if the figures are true, 64 hours shows the City as poor employers, that the City would only spend that short length of time and have three collective agreements overdue by three months. He stated he recommends that the City's Negotiating Committee put in some hours and conclude the agreement, and that the Council meet with the top City staff and tell them how much money they can pay regarding the said collective agreement; he felt that the Mayor should appoint a committee of Councillors to meet with the Negotiating Committee and be a back -up for that Committee and tell the Negotiating Committee where the guidelines are and how much the said Committee can go. Councillor Higgins stated he feels that the recommendation made by the City Manager with regard to the addition of an Industrial Relations Officer to the Personnel Department needs consideration. Councillor Cave advised that a recommendation is coming before Council within the next few days from the committee that was appointed to set up a timetable and a plan for the implementation of all, or portions of, the Kates, Peat, ��r/�uSZ�hia Marwick & Co. Organization Study Report, the chairman of which committee is Councillor Davis, and he suggested �2�d�! OYlS that the Council therefore defer action on the above noted recommendation at this time. The Council members concurred in this suggestion. Question being taken, the motion was carried with Councillors A. Vincent, M. Vincent and Green voting "nay ". On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that the joint report from the City Manager and the Executive // Director of Operations, submitting a map showing a Works Department proposal for an extension of Hawthorne 1!!71aWZ`0P#LT Avenue and re- alignment of a portion of Mount Pleasant Avenue, and advising that preliminary design work has not Rve. eX-e;eq, been started on the project but efforts have been made to select a probable alignment that will approximately 106,f� %S�g follow the present Rockwood Park boundary, and noting that this alignment would help to relieve traffic from Sandy Point Road in the area between the ski hill and the present intersection of Hawthorne Avenue - Sandy Point /I//e, Pf e - Road, and that Sandy Point Road, between the ski hill and University Avenue, has recently been upgraded, and ��/�°i7t further advising that this alignment is approximately that of a proposed street as indicated in the Comprehensive �O //M7P `+9/%,W Community Plan, be received and filed. 7(°q�/�� t Councillor Cave stated he would like to know the costs of the above noted extension of Hawthorne $01 Avenue. Councillor Kipping asked if the Planning Department also made a proposal regarding this road extension, or has that Department been consulted on this problem, because it seems to him that in addition to it being a Works Department matter it is also a Planning Department matter. He further asked how this proposal would J relate to the Jack Street apartment request by Caldo Ltd. and the suggestion by the Rockwood Park Area Pre - C -9/K 0 1-6d, servation Association which Council recently took the first steps on it; it seems to him that on the map submitted `pe-,ZonfN! with the above named joint report, the proposed alignment goes right by where Caldo Ltd. proposes to build the new apartment buildings, if that application is approved; he feels it has a relationship there, and he wonders if that has been considered or whether there is another relationship. In reply, Mr. MacKinnon advised that the �OLEyreS map in question is meant as a proposal only, as mentioned in the joint report; there were no costs on the Zc!('a5i� alignment that was worked out about one and one -half years ago - the alignment follows an old alignment of the T(OG%Lt//0/00( old Sandy Point Road; there was no discussion with the Planning Department on the alignment; as the proposed %6H_c v rte? alignment goes by Hawthorne Avenue Extension and Jack Street regarding one piece of land that Caldo Ltd. is going to have to acquire in order to put an access in there the proposed alignment was going to come by just a �!^ESL°hll corner of that property - however, the City was not going to require the property itself nor was the City going J9ss ot°. to have to buy any property in that area, at all. Mr. MacKinnon further advised that several months ago he discussed this proposed alignment with Mrs. Koven of the said Preservation Association and showed her the plan. Councillor Kipping made the point that at that time, the Caldo Ltd. proposal for the development of the ap- artment buildings had not come in, and seeing the alignment plan previous to the submission of the Caldo Ltd. proposal would not have been enlightening to Mrs. Koven, therefore. On motion of Councillor Gould Seconded by Councillor Green RESOLVED that the report from the City Manager, advising that the Bayside Drive reconstruction project requires the acquisition of property, the relocation of facilities for the New si de Brunswick Electric Power Commission, the New Brunswick Telephone Company, Limited and the Power Commission of rI i1e2 7 he City of Saint John, as well as the actual road construction and that at the present time most of the pro- perty has been acquired and most of the utilities have been relocated or are now underway, and further advising that the road construction is being done in five phases, as set forth in the report, and advising of the progress that is being made in completing each phase, be received and filed. While expressing his pleasure that just about everything is getting done regarding Bayside Drive reconstruction, Councillor Cave stated he is concerned because telegraph poles have not been moved yet and wires have to be removed, and that he hopes that this work will be accomplished soon, and he also hopes that when /L°�OC! OYI tenders are called for this particular contract that we are going to scarify and rebuild the road. ® On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that the joint letter from the City Manager and the Commissioner of Finance, advising that the K.B.M. Outing Association Inc. which operates a number of recreation programmes at its clubhouse at Belmont receives assistance in some of these programmes from the City Recreation Department and he combined result is to the mutual advantage of the Club and the Recreation Department's overall programme; 464 Assoc^ .ln�. G'•/- cca�h{ee v� I vq?h 7'��'olrl %r �o %Jco�inia Rep ?. e O n P'n� fo �t C'��c� 19ifvi s..�d that the Association has discussed with the Recreation and Parks Advisory Board its current financial situation in which the Association finds itself short of operating funds due to major improvements made in the club premises and is able to raise the funds required by a bank loan from the Toronto Dominion Bank for $22,850.00; that the said Board acknowledges the Association is performing a service that the Recreation Department would otherwise be expected to provide in the community and is accordingly making the recommendation that the City act as guarantor of the loan subject to terms and conditions that the City stipulates, which should be: (1) the Association give a first mortgage on its property to the City of Saint John, (2) an independent appraisal be obtained that shows the City's guarantee is adequately secured, (3) the Association file audited financial statements for the past three years to show their financial capability along with projected financial statements covering the stated duration of the loan, (4) arrangements be made for the Bank to report bi- monthly direct to the City as to the state of the loan -- and stating that the proposal is a reasonable one, and recommending that authority be given by the Common Council for the required agreement to be prepared to the satisfaction of the Legal Department and subject to meeting the above noted conditions - the cost of preparing documents, obtaining the appraisal report and auditors' reports to be borne by the said K.B.M. Outing Association Inc. - and further advising that a report will be submitted to Common Council when documentation has been found satisfactory, if the Council approves the recommendation of the Recreation and Parks Advisory Board -- be received and filed and the recommendation adopted. On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- T,o /ii hp Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning a parcel of land on the northerly side of Ashburn Road starting 630 feet from the Drury Cove Road with a frontage of 210 feet and a depth of 200 feet from "RF" Rural district to "I -1" Light Industrial district, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning a parcel of land east of the residence of No. 140 University Avenue with a frontage of 300 feet on University Avenue and a depth of 400 feet from "R -lA" One Family Dwelling district to "RM -1" Multiple Dwelling district, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the letter from the Civic Improvement and Beautific- ation Committee in acknowledgement of Common Council resolution of March 17th last regarding the Com- mittee's request that the City introduce parallel parking on both sides of King Street, which resolution adopted the recommendation of the City Manager that angle parking be retained on King Street for the present, but that parallel parking be considered in summer time on an experimental basis in conjunction with other beautification, and regarding the statement at the said meeting of the City Manager that the City would consider the Committee's recommendation for implementation of such parallel parking on an experimental basis, advising that, accordingly, the Committee recommends that parallel parking be in- stituted on both sides of King Street, on an experimental basis, for the period May 1st to November 15th, 1975, be received and filed and the recommendation adopted. Councillor Pye stated he strongly opposes the introduction of parallel parking on King Street for the following reasons:- (1) as such, parallel parking was found to be much more difficult than angle parking when the pavement was wet or slippery, (2) it denies the use of much - needed parking space to the automotive driver, (3) it results in a substantial loss of revenue to the City coffers. He added that, as a former traffic officer of thirteen years' experience, he considers the idea of parallel parking both inconveniencing and impractical. The Mayor stated he agrees that it should be angle parking on that street because it is a case of utility - using what we have - and not one of beautification. Councillor Kipping questioned that it would be a civic improvement to eliminate 70 -odd spaces on King Street at a time when this street is congested now and the construction is underway on this street and there is turmoil in traffic on King Street. He felt that the timing for the parallel parking experiment is most inopportune, and stated he will not support any such recommendation. He stated that if you want to kill King Street and the central business district - and he felt this is the kind of blow you would use to administer the coup de grace to King Street and the central business district. He stated that he suspects that King Street is already reeling under the impact of the loss of Manchester, Robertson, Allison, Limited and other businesses there in the block now being renewed as Brunswick Square, and that he would like to ask Councillor MacGowan whether this matter has been checked with her Committee, with the Parking Commission, the Transportation Committee, the Parking and Safety Committee, and several other committees which are certainly involved in this kind of a matter. He felt that a little co- ordination of that kind is called for, especially when parking is such a problem in this area. Councillor Green felt that this is not the time to consider parallel parking on King Street, and that it is foolish to implement it there in winter time. He stated that he will not support the above suggestion of the Civic Improvement and Beautification Committee. In reply, Councillor MacGowan pointed out that the Beautification Committee is not considering parallel parking for the winter time because this was the recommendation from the City Manager. She added that apparently the different committees were approached and the recommendation came in from the City Manager. With regard to the matter of congestion and traffic tie -up on King Street at this time, she stated that this is exactly what the Beautification Committee is trying to overcome. In clarification of his recommendation, Mr. Barfoot advised that it was to consider the parking on an experimental basis in conjunction with other beautification, and he had thought that maybe there would be a scheme prepared showing exactly what was intended in the line of beautification before maybe Council would think of changing the parking. Question .being taken, the motion was lost with only Councillors MacGowan and Hodges voting • C, J • • I AM On motion of Councillor Gould • ' "/'gyp Seconded by Councillor Davis RESOLVED that as recommended by the Market Committee, the lease presently held by Robert Wall of Wall's Meat Market (which includes Stalls 4 and 5, Counters E -1 and E -3), encompassing a total of 826 square feet of space at $2.80 per square foot, affording a rental of $193.00 per month, be transferred to Marylyn Fox and James Clark of Clifton RoZj;IR. R. No. 1, for the purpose of operating a farm produce, 9�o%i�jPS� k�2 asketware, small imports and handicraft business in the said Market space, the aforesaid Robert Wall having 11discontinued operations. Discussion ensued regarding the recommendation from the Market Committee that the Common Council ' declare the Saint John City Market a National Historic Site and authorize the Common Clerk to notify the Department of Indian Affairs and Northern Development, Ottawa, of such declaration, thereby ensuring its perpetuity and also making the said Market eligible for a Local Initiatives Programme grant. Councillor Davis stated that if we have the Market made a national historic site the Federal Government assumes it, and he doubts very much if it is a national historic site, and he felt that probably if the Market Committee had known that the City gives the Market up if it is a national historic site, it would not have made this suggestion; in any case, that is the fact, and he does not think that the City should try to give up this building. The Mayor advised that he was told that the City applied in 1970 to have the Market so declared, but was turned down. / Councillor Kipping pointed out that the establishment of a national historic site is a matter for the National Historic Sites Monuments Board the Minister Indian ' �oiryA7�e and only or of Affairs and Northern Development, and he took the liberty today of calling the Director General of Parks Canada and was informed regarding the procedure by which the Market might be declared a national historic site, and the procedure is that you make application to that Board, but there is nothing to stop us from declaring the Market an historic site, not a national his- toric site - and then, we can make application for it to be made, perhaps, a national historic site bearing in mind that there may be severe disadvantages to having it a national historic site and it would be taken com- pletely out of our hands. He felt that if an application is made to have the Market declared a national historic site it is possible that the previous refusal to declare it as such can change because there are different schemes under which he understands the Board can declare locations or sites to be national historic sites or monuments; therefore, he feels there is no harm in making the application. With regard to the matter of an L.I.P. grant, he noted that the City can apply for one at any time and the fact that it might be an • e` historic site would not change that approach in any way. On motion of Councillor A. Vincent / /�`a�'", ( /OG°4iI Seconded by Councillor MacGowan S j•Z�e � RESOLVED that the City Market be declared a local historical site. Councillor Pye, chairman of the Market Committee, stated that from a very authoritative political source he was informed that the City would not be eligible for an L.I.P. grant unless the Market were declared a national historic site. With regard to the recommendation made by the Market Committee in this regard, he has in mind that several years ago under a former Council there was a great danger of our losing the Market - �, 7! it was to be either razed or to be converted into some other type of building. He pointed out that that could occur in the future, and stated he thinks that the Council should take strict, strong measures to see that this 9ht does not occur. Councillor Kipping recalled that the previous Council is on record to the effect that the Market will not be razed and will not be done away with. He stated in reply to Councillor Pye, that the JJ information concerning the L.I.P. is not correct; Councillor A. Vincent and he served on the L.I.P. committee two years ago and from that experience he knows that any group in the city can make application for an L.I.P. grant and you stand or fall on the judgement of the committee which is considering the applications, so there would be no problem there. Councillor A. Vincent raised the question of whether this Council is bound by decisions made by revious Councils. Mr. Rodgers stated that this Council is not bound by previous Councils, but on the point of the Market, the Market is governed by private legislation and that needs to be examined before you take any 1 steps with respect to the Market. Councillor A. Vincent asked that the Legal Department look into the question �L ���_ of whether the decision of Council to have the partitions between the counters in the Market aisles removed would be violating the regulations of the Department of Health because he knows that several years ago the ONer4l eAd former Board of Health forced the Market merchants to erect overhead racks that are nailed on the back of the all where meat is on display. He felt that the Council in deciding to remove these partitions made a mistake and he felt that we should check with the said Department of Health in this matter, or maybe have the Market • �j� ��.` merchants change their style of merchandising. Councillor Kipping felt that when a policy is set by one Council that policy stands as City policy until it is changed, or rescinded, and that was the point he was making - we are bound until we change it. The PbMayor confirmed this point of clarification. On motion of Councillor M. Vincent -e-10/ Seconded by Councillor Higgins pp Pe5!C1076i RESOLVED that the letter from the Planning Advisory Committee advising that the Committee recommends that the area shown shaded on the submitted print (the former Speedway Express property) be re -zoned for Jorover Holdings Ltd. (Mr. Robert S. Bustin) from "I -1" Light Industrial district to �e -ZO Y1� H "RM -1" Multiple Family Residential district subject to an agreement under Section 39 of the Community Planning Act tying the development to the layout shown on the second submitted print and to the following conditions, ;(Prober (1) that the elevations of the property and its finished grade be such that the water run -off will stay within he property limits and disposed of in a catchment basin, (2) that there be erected on three sides of the r property a six feet high fence with a solid fence on the rear portion of the property next to the parking areas, (3) that snow be not piled up on the property but removed so as to p y prevent run -off to adjoining pro- V /e� n 7f> O J erties, (4) that a children's play area be provided which shall be maintained by the developer and will contain the usual equipment found at childrens' playgrounds - and advising that Mr. Bustin has agreed with ,?u s-2�-j h , these in writing and the agreement should detail these points accordingly; and further advising that the said company has applied for the re- zoning of this property for two 24 -unit apartment buildings of wood frame construction with brick veneer finish and each building would have 23 two - bedroom units and 1 one - bedroom unit, and that a number of letters for and against the proposal were received by the Committee and, in addition, a group of area residents appeared before the Committee to either express concern over or objection to the proposed development, and, finally, a petition signed by Lorna Gamble on behalf of the owners of eleven ad- joining properties was also received and considered; and advising that it is largely as a result of these expressions that the zoning is made conditional pursuant to Section 39 of the said Act; and further advising that the petition raised a number of points which were discussed by the Committee before its decision, (re- garding one question dealing with water pressure - allegedly already bad on Bleury Street and Danells Drive: he Works Department finds that the pressure on Danells Drive is 7O p.s.i., whereas the minimum acceptable is 40 or even a bit less - this indicates.that any water pressure problems here are not in the City's water system but within the home systems; another question dealt with the lot being 75,364 square feet, whereas the site equired by the City's Zoning By -Law is 77,000 - the Advisory Committee felt that this difference is minor and ould grant a variance to permit the proposal; another point is the view that the City should acquire the roperty for erection of a long overdue fire station for the area - the Municipal Development Plan suggests one Et omS // I7 If Councillors A. Vincent and Green voted "nay" to the above resolution. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint ohn and Amendments Thereto ". fairly close to the Duck Cove Road area, in due course, to the southwest on the west side of the railroad tracks - this would be designed to also take care of future population increase to the west end towards • 0 /47/10.tAulis. a'o Sheldon Point -- Impact Study - Volume V, page B -13 -- land in this area should normally be less ex- . pensive than the present subject site) -- be received and filed and authority granted to proceed with the S /e�Ir1IbC / k necessary advertising regarding the proposed re- zoning and that the re- zoning be subject to an agreement /! under Section 39 of the Community Planning Act tying the development to the layout shown on the above I ReW?1t44 �G Gcy mentioned print and to the conditions listed in this resolution. J/ fie —zo Councillor Green expressed the view that housing should not be permitted in this area where 0 g there presently are located commercial properties and that the present zoning classification of Light Industrial should be retained. He noted that residents in the area are concerned about the number of new families the proposed apartment units would introduce into this particular area. Councillors A. Vincent and Green voted "nay" to the above motion. , On motion of Councillor Higgins / CsurrC., /�eSO/4 Seconded by Councillor Gould "L�% p h lra7h% Pd RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- R�V— z O»/ I7 Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning a parcel of land the recommendation adopted. Toro per to on the west side of Molson Avenue commencing at the rear of lots which front on Sand Cove Road and h/:�jir0 ea doff unning in a northerly direction with a frontage on the said Molson Avenue of approximately 315 feet and "T ' /mark a depth of approximately 207 feet on the north sidelines and 127 feet on the south sideline, from -1" �[ O �e, �i s'• Light Industrial district to "RM -1" Multiple Family Residential district, be read a first time. omS // I7 If Councillors A. Vincent and Green voted "nay" to the above resolution. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint ohn and Amendments Thereto ". On motion of Councillor Cave Seconded by Councillor A. Vincent • 0 /47/10.tAulis. a'o RESOLVED that the letter from the Planning Advisory Committee to whom was referred the application of Mr. J. B. Elliot, Managing Director, Shamrock Realty Ltd., for an S /e�Ir1IbC / k amendment to the existing Planned Development zoning for Phase 2 of the Highmeadow Park development which /! would increase the number of units in Phase 2 from 62 to 70 (two of the blocks of townhouses would have I ReW?1t44 �G Gcy units located back to back to accommodate the additional number of units), advising that the said Park J/ fie —zo was re -zoned to Planned Development in July 1973 and in July 1974 an amendment was approved for Phase I 0 g in which the number of units in Phase 1, Part 2, was reduced from 26 to 24 with the types and sizes of units also being changed to suit the existing site conditions, and further advising that the Committee expressed some concern about the appearance of the present development - however, as explained by the developer, the back of the units are seen from the street and the interior part upon which the units front is landscaped - he will attempt to improve the next phase; and recommending that the Common Council / CsurrC., /�eSO/4 vary its resolution of June 25th, 1973 with respect to Highmeadow Park development to permit development "L�% p h lra7h% Pd of Phase 2 in accordance with the plans submitted by Shamrock Realty Ltd. -- be received and filed and the recommendation adopted. ' h/:�jir0 ea doff /mark On learning that ten of the above noted units do not have a back and front entrance, Councillor �+ MacGowan expressed her strong objection, because this Council and The Cities of New Brunswick have gone r,%e h e� on record as opposing buildings with only one exit - entrance, and stated that as such, she will oppose this proposed variance for Highmeadow Park Phase 2. Councillor M. Vincent in expressing his concern over the proposed change in development plan, noted that the Council members have not seen any of the drawings or any of the proposed changes, nor have they seen the copy of the revised layout that was being filed by the Planning Advisory Committee with the Common Clerk, and stated it is difficult for him to try to vote in favour or against something when he has not seen the related drawing. Councillor Green expressed the view every home or flat should have two entrances, in case of fire, and that the Council must some time take a hard look at this matter. Councillor Davis pointed out that at the moment the City does not have a regulation requiring two doors, and that if the Council feels it should be required a by -law should be passed by Council prohibiting the construction of domiciles with only one door. He stated he does not see why the Council should delay this particular item with two units to do that - if the Council feels • that strongly about the matter, it should act on it. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that, in view of the fact that the Council was not supplied with the up -to -date plan of the proposed revised layout for Phase 2 of the Hghmeadow Park �9�m e/d fold development, that the matter of the proposed variance of Council resolution of June 25th, 1973 be laid on 747 e the table for one week and that the Council be supplied with the said plan and with the section of the /YafioOa/ �� National Building Code which pertains to the number of entrances and exits that must be provided in a housing unit. ' maze Question being taken, the motion to table was carried. ex.iis in a�sg• On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that the letter from the Planning Advisory Committee yy // /1;�1ty17•� with regard to the application from Myrtle H. Mitten for permission to make repairs to the interior of he building at 132 Waterloo Street and the upgrading of the sanitary facilities, advising that Waterloo ' Street on the even - numbered side is currently under a deferred widening by -law and that the permission of dd/ Council is required for the proposed work, and that the Committee recommends approval subject to an �'ppuo� agreement with Mrs. Mitten which after being entered into is to be filed in the Registry Office by the (�/ideH yn� Common Clerk, and that the agreement should contain such clause as would provide for annual write -off of the amount expended on the improvement so that after a fixed number of years, say five or ten, the owner cannot claim compensation for the value of the improvements made in the event that the land is required /���i YV� ee Z1 by the City; and advising that, with regard to the verbal report made at the Council meeting of March v�G. 24th last, the Committee was asked to consider recommending the deletion of Waterloo Street from the present deferred widening by -law covering both Union and Waterloo Streets and the Committee resolved that consideration should be given to this proposal one year after the now proposed interchange at Haymarket • Square has been in operation, and further advising that it is proposed to take this whole area to the Advisory Committee for its information and review and that a report on this subject and any recommendations on Waterloo Street and others will be submitted to Council thereafter -- be received and filed and the recommendation regarding Mrs. Mitten's application be adopted. 467 rT• Councillor A. Vincent advised that he intends to move or cause to have moved a motion at the next nQ��lYIC°e/7� meeting of Council to rescind the deferred widening by -law on Waterloo Street, forthwith, and that although he ((Ne O7C would like to have the report from the staff in this matter before doing so, he will proceed with the said motion if the report is not received, at the next Council meeting. _r rr�a.�c. On motion of Councillor Gould l�fr /W007/ lq Seconded by Councillor Kipping _AcR W RESOLVED that the letter from the Planning Advisory Committee to whom had been referred the application from Tri -Town Realty Ltd. for approval to carry out certain alterations and repairs to the building at 105 Union Street on which street a deferred widening by -law imposes certain res- t Tr: - T gvh trictions regarding such works, recommending that the Council permit the proposed development subject to an agreement with the owner which after being entered into is to be filed in the Registry Office by the Common Clerk, and that the agreement should contain such clause as would provide for annual write -off of the amount X05 110� expended on the improvement so that after a fixed number of years, say five or ten, the owner cannot claim �t compensation for the value of the improvements made in the event that the land is acquired by the City -- be received and filed and the recommendation adopted. On motion of Councillor M. Vincent Seconded by Councillor Gould i n RESOLVED that in accordance with the recommendation of the Planning hell, Advisory Committee, the following sums of money be accepted in lieu of land for public purposes, based on City laws and policies which require land for public purposes or monies in lieu thereof at 8 per cent of market value ,5 e before the sub - division as a condition prior to the approval of a sub - division plan: - /j from J. Alyre Richard, S -36 - the sum of $272.00 (this property is situated on the Johnston Road; the proposal Tr7 /[� /pe/ is to divide this property into two lots, one of which would contain Mr. Richard's existing house) based upon �16/1�3Y the Real Estate Department's appraisal of $3,400.00; from Alva Beam, S -35 - the sum of $324.00 (this property is situated on the westerly corner of Loch Lomond Road •/] /�� and Norris Road and it is about ten acres in area; three lots are being severed from it; Lot 1, measuring 125 PIS? feet by 197 feet, contains an existing dwelling - Lot 2, measuring 125 feet by 197 feet, and Lot 3, measuring 120 feet by 322 feet, are characterized by very poor topography, dropping sharply from the Norris Road between 10 and 15 feet - there is a fast moving stream running across both lots) based upon the Real Estate Department's appraisals of $1,850.00 and $2,200.00 for Lots 2 and 3, respectively. On motion of Councillor Higgins Seconded by Councillor MacGowan RESOLVED that the letter from the Planning Advisory Committee advising that, further to the February 28th, 1975 letter from the Committee to Council regarding the A. C. Fairweather & Sons Ltd. application for re- zoning of land on the northerly side of Ashburn Road (comprising 18 acres) from "RF" Rural to "I -1" Light Industrial classification which marks the third time on which this company has re- quested the re- zoning of the whole of its property, on the two previous (1972 and 1974) applications a specific proposal formed a part of the company's request for a blanket re- zoning and the Committee's policy was to r7x Falpn_ examine these individual proposals and to recommend accordingly rather than to recommend re- zoning of the whole xp v- property, and, as a result, the re- zoning of only two lots has been recommended by the Committee in the past and the Council has re -zoned accordingly (prior to the recent recommendation for re- zoning of a third lot); that S`D�je$ ���• objection from Drury Cove Estates with Fairweather's proposals was concerned with development of the Drury Cove Road area and in particular with respect to commercial traffic in the area; that the long -term intent of Drury 1 Cove Estates is a major housing development, a main access to which would be the Drury Cove Road; that the firm � ma L eS was opposed to the development of a road which would provide access to industrial lots on the subject property hich would intersect with Drury Cove Road and to industrial lots fronting on that road; that the Planning Advisory Committee recommends against re- zoning of the whole area to Light Industrial classification but would COI�e continue its policy of incremental re- zoning based upon firm proposals; that the said Committee also recommends W,,e. against re- zoning of the Drury Cove Road frontage to Light Industrial classification and that any road giving access to the rear portion of the A. C. Fairweather property be off Ashburn Road rather than Drury Cove Road -- e received and filed and the said recommendations adopted. . Councillor M. Vincent asked if the recommendation is going to prevent access from the roadway to the inner part of Drury Cove. Mr. Zides replied that he thinks that the proposal here originally was to create industrial frontage along the Drury Cove Road and along the entrance to Drury Cove itself and he thinks this is hat the Drury Cove people were objecting to, and there was some concern by the Planning Advisory Committee as well because, originally, when the Fairweather company came in for the first re- zoning the company had agreed not to do just that - to keep away from that frontage; the other problem was that the company was proposing a tentative sub - division sketch to have another road parallel to Ashburn Road and it would also intersect the Drury Cove Road - the Planning Advisory Committee did not care for that proposal and neither did the Drury Cove people. He felt that, except for the fact that you do not get direct access, it is probably more economic not to do it the way the Fairweather company was proposing. Councillor Green asked if the Planning Advisory Com- mittee is leaving an opening for future development of a route through to Drury Cove Road, if this should come to pass. Mr. Zides replied in the affirmative. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee advising that Mrs. Annie Bagnell wishes to sub - divide more of her land on the southerly side of Douglas Lake (the pro- posal consists of 12 lots along a 790 -foot extension to the Morrison Road which terminates at the Watters property boundary with a temporary turn - around, and a 2.2 -acre parcel with frontage on the lake for vesting in he City as land for public purposes); that a recently discussed alignment for a limited access road to the ! airport abuts the rear boundary line of the lots on the southerly side of the Morrison Road; that although it is /vc7� of indicated, a buffer strip should be provided along this boundary; that Lot R (shown on the submitted map) Avol'•S'A-o• ill not be approved as a building site until it is determined whether or not this airport route proposal will e e4 Itot," be fixed at this location; that if this location is not finalized, then an access way can be provided through L%41,,' he Lot R location to the balance of the Bagnell property to the south - this balance of the property comprises L%41, 6 60 or 70 acres and is potentially quite suitable for sub - division; that, however, the City may be interested in �jjy�pDQSE"S purchasing this property because a portion of it lies within the Little River watershed and adjoins the City- owned property to the south which extends to Latimer Lake - and that the Works Department is presently con - �G,,yf�� sidering the feasibility of this possible acquisition -- and recommending that the Morrison Road be extended as • ff reposed and that the parcel of land indicated on the submitted plan as land for public purposes be accepted for that purpose, and further recommending that, therefore, the Council assent to the plan -- be received and filed and the recommendations adopted. M On the question of whether the Fire Department staff will have to be increased if the paramedic ramme is implemented, Councillor Gould advised that at the present time our staff will not have to be eased, and it will not have to be increased as long as we keep paramedic staff on the Rescue Squad; ver, if we do as the city of Calgary has done and we go to an ambulance- paramedics system, then and then will we have an increase in staff; that is a policy change and he is prepared to speak on the ect at the time the Council would be considering same. Councillor Kipping withdrew from the meeting at this time because of possible conflict of I st regarding the next item of business. On motion of Councillor A. Vincent - Seconded by Councillor Cave �p RESOLVED that the Common Council hereby opposes the New Brunswick IV, 76 % //ioJhe Telephone Company, Limited proposed rate increase generally, and in particular the Public Utilities Board nQ a is hereby asked to deny any request for an increase in rates with respect to any service or material 1t �p y supplied to or used by senior citizens: �e %,o`iOhe ra� ' AND FURTHER that there be no rate increase in the charge for the use of pay telephones in that Pgenerally such telephones may frequently be used by people who cannot afford to have their own individual - /hC/'Pg75e telephone service. At46It e Uti /tie B s Councillor Parfitt advised of her opposition to the Council as a policy- making body adopting GG such amotion, and pointed out that the problem of increased costs to the senior citizens is being al- leviated by the granting by the Provincial and Federal Governments of exemptions to these citizens. Councillor Davis stated that he is a shareholder in the said Company, and he pointed out that shareholders of the Company must have certain dividends; 50.3 per cent of these shareholders are women • the telephone service is created by people who invest their money in the company and who get a return their money by so doing, but the return is diminishing this year from last year; 71 per cent of the d female shareholders are New Brunswickers and if these shareholders do not get their dividends they in a worse financial position then a labour person. He stated he was giving this information to show re is another point of view - if you are talking about the wealthy management of the Company, that is thing, but there are people who depend on the return of the investment of their youth, and they are Oil- moti6n•of- Councillor MdcGowan p ��ahYl• 9�a�s. Seconded by Councillor Kipping • �7o RESOLVED that the suggestion contained in the letter dated April I�/yr 3rd, 1975 from the Planning Advisory Committee that the City may be interested in purchasing the property fy/hrii e 29hP� owned by Annie Bagnell lying south of the Morrison Road, as follows:- Lot R as shown on the submitted 67-0 V4 plan' and 60 or 70 acres which lie within the Little River watershed and which adjoin the City -owned property to the south of same, extending to Latimer Lake - be referred to the Land Committee. I,and On motion of Councillor M. Vincent Seconded by Councillor Higgins N.,V j 67'"eck RESOLVED that the letter from Councillor Pye stating that in view of the fact that over the years an utter disregard has been manifested toward many of the residents of , Glen Falls in that the erection of one- and two - family homes was allowed in the flood -prone areas of the />OUh bu �d said community, thereby creating periodic hardship and financial loss to its residents, he proposes, as a �/G ah U�Si corrective measure, that no further construction be permitted in Glen Falls and the surrounding areas %fah M d /'e which are serviced by the Glen Falls sewage system until the present flooding problem in Glen Falls is ' e,Ajfia dDh� I+0 ' satisfactorily corrected, be received and filed and the said proposal be referred to the Planning Advisory �haiM/�le, G°+� /9a Committee and to the Legal Department for a report. Fihe 7>e/o Councillor Cave asked Councillor Pye to show where there has been the utter disregard that he ' speaks of in the above letter regarding the erection of one- and two - family homes having been allowed, pointing out that the former Parish of Simonds Councillors had delegations before them asking to have two- (, family homes so they could help pay for their homes. He stated he would like to know more about where I�1 B there has been an utter disregard. Councillor Pye stated that because of recent developments in relation to the subject that he has introduced at this time he requests that this item, dealing with a moratorium J on construction in the Glen Falls area be tabled until after the Common Council's meeting with the Pro- Se/''///MS vincial Cabinet on April 23rd next dealing with the Glen Falls flooding situation. On the question of whether the Fire Department staff will have to be increased if the paramedic ramme is implemented, Councillor Gould advised that at the present time our staff will not have to be eased, and it will not have to be increased as long as we keep paramedic staff on the Rescue Squad; ver, if we do as the city of Calgary has done and we go to an ambulance- paramedics system, then and then will we have an increase in staff; that is a policy change and he is prepared to speak on the ect at the time the Council would be considering same. Councillor Kipping withdrew from the meeting at this time because of possible conflict of I st regarding the next item of business. On motion of Councillor A. Vincent - Seconded by Councillor Cave �p RESOLVED that the Common Council hereby opposes the New Brunswick IV, 76 % //ioJhe Telephone Company, Limited proposed rate increase generally, and in particular the Public Utilities Board nQ a is hereby asked to deny any request for an increase in rates with respect to any service or material 1t �p y supplied to or used by senior citizens: �e %,o`iOhe ra� ' AND FURTHER that there be no rate increase in the charge for the use of pay telephones in that Pgenerally such telephones may frequently be used by people who cannot afford to have their own individual - /hC/'Pg75e telephone service. At46It e Uti /tie B s Councillor Parfitt advised of her opposition to the Council as a policy- making body adopting GG such amotion, and pointed out that the problem of increased costs to the senior citizens is being al- leviated by the granting by the Provincial and Federal Governments of exemptions to these citizens. Councillor Davis stated that he is a shareholder in the said Company, and he pointed out that shareholders of the Company must have certain dividends; 50.3 per cent of these shareholders are women • the telephone service is created by people who invest their money in the company and who get a return their money by so doing, but the return is diminishing this year from last year; 71 per cent of the d female shareholders are New Brunswickers and if these shareholders do not get their dividends they in a worse financial position then a labour person. He stated he was giving this information to show re is another point of view - if you are talking about the wealthy management of the Company, that is thing, but there are people who depend on the return of the investment of their youth, and they are On motion of Councillor Pye Seconded by Councillor A. Vincent . RESOLVED that the above matter, dealing with a moratorium on ase.W further construction in Glen Falls and surrounding areas, be laid on the table until after the Common 6 /d9.mai'a%riu Council meets with the Provincial Cabinet on April 23rd next regarding the Glen Falls flooding situation. 67-0 V4 "nay ". Question being taken, the motion to table was carried with Councillor Cave voting e, 6i'n et N.,V j 67'"eck On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the report from Councillor Gould on his recent visit />OUh bu �d with Fire Chief P. Clark to the city of Calgary to receive a briefing on the paramedic and ambulance �/G ah U�Si programme that is implemented by the Fire Department of that city, submitting comments about the said %fah M d /'e programme, and stating that he has refrained from making any recommendations at this time and that when the Common Council decides to change any of its policies he will be very willing to contribute what he has ' e,Ajfia dDh� I+0 ' learned from this Calgary visit to that conversation, be received and filed. �haiM/�le, G°+� /9a Fihe 7>e/o The Council members commended Councillor Gould for the excellence of his report. Councillor Cave asked what progress is being made in providing the report he asked for regarding ambulance services in our areas, and noted that at the present there is an area that is not being serviced Cury Ve by the ambulance service, and the situation is serious. Mr. Barfoot replied that the City staff is still collecting information on the subject for a report. He noted that the City already has a paramedic squad nee which is nearing completion of training, and therefore the paramedic operation is ready to go into effect Se/''///MS in Saint John. With regard to the 29 families in the area from the Mispec bridge on down, who are not presently covered by the ambulance service, Councillor A. Vincent expressed the view that the Mayor, as 0 /$Wc area chief magistrate of the City, should issue an order that the ambulance service extend to that particular area. Councillor Parfitt advised that the matter of the ambulance service for the Mispec bridge area was taken up at the municipalities conference last week. • On the question of whether the Fire Department staff will have to be increased if the paramedic ramme is implemented, Councillor Gould advised that at the present time our staff will not have to be eased, and it will not have to be increased as long as we keep paramedic staff on the Rescue Squad; ver, if we do as the city of Calgary has done and we go to an ambulance- paramedics system, then and then will we have an increase in staff; that is a policy change and he is prepared to speak on the ect at the time the Council would be considering same. Councillor Kipping withdrew from the meeting at this time because of possible conflict of I st regarding the next item of business. On motion of Councillor A. Vincent - Seconded by Councillor Cave �p RESOLVED that the Common Council hereby opposes the New Brunswick IV, 76 % //ioJhe Telephone Company, Limited proposed rate increase generally, and in particular the Public Utilities Board nQ a is hereby asked to deny any request for an increase in rates with respect to any service or material 1t �p y supplied to or used by senior citizens: �e %,o`iOhe ra� ' AND FURTHER that there be no rate increase in the charge for the use of pay telephones in that Pgenerally such telephones may frequently be used by people who cannot afford to have their own individual - /hC/'Pg75e telephone service. At46It e Uti /tie B s Councillor Parfitt advised of her opposition to the Council as a policy- making body adopting GG such amotion, and pointed out that the problem of increased costs to the senior citizens is being al- leviated by the granting by the Provincial and Federal Governments of exemptions to these citizens. Councillor Davis stated that he is a shareholder in the said Company, and he pointed out that shareholders of the Company must have certain dividends; 50.3 per cent of these shareholders are women • the telephone service is created by people who invest their money in the company and who get a return their money by so doing, but the return is diminishing this year from last year; 71 per cent of the d female shareholders are New Brunswickers and if these shareholders do not get their dividends they in a worse financial position then a labour person. He stated he was giving this information to show re is another point of view - if you are talking about the wealthy management of the Company, that is thing, but there are people who depend on the return of the investment of their youth, and they are r 469 Councillor Cave stated he has received telephone calls from senior citizens in the Loch Lomond Villa o are concerned about pay telephone rates going up, and he does not think they should have to pay an increased to because he does not think they can afford it. Question being taken, the motion was carried with Councillors Davis and Parfitt voting "nay" • ?19R&Si' 10h Councillor Kipping re- entered the meeting. _k pi apv �g OOj G Mr. Rodgers asked if a written submission will be required to the hearing on the telephone rates. /La /hC�� Councillor A. Vincent stated that his intent was that the City Solicitor or his representative would prepare a brief, and maybe show it to Council, and submit the brief, or retain someone else to submit the brief before the C/�GI JD� hearing; if the City cannot afford that, the Attorney - General is supplying free legal aid; if there is some l reason the City cannot prepare a written brief, he thinks that a verbal submission sometimes has an impression Ion the Board. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that the letter from the Fort La Tour Development Authority in ' A0le-la reply to Council resolution of January 27th last which, at the request of the Civic Improvement and Beautification .Dell // me Committee, asked the said Authority to advise the Council of the Authority's plans and progress regarding the � 0 development of the Fort La Tour site, advising that, unfortunately, the details of the conceptual plan of 1970 Au referred to by the said Committee are, in the Authority's view, substantially inaccurate and do not properly �o.�Tillustrate the developments which should take place - however, the concepts of a fishing exhibit, historic ship �o display, and other certain items are certainly in line with the Authority's views; and listing the Authority's 51,4e eight -point general programme; and advising that it is the Authority's further view that there are both the P _ short -range and the long -range development plans - the short -range being to place the area into immediate visual �6 interest as an historic site with a minimal cost - the long -range plan being to secure the final development as a major attraction displaying both the Indian and French heritage of this area of the country, as well as being of major economic benefit to the City and the Province -- be received and filed and the Authority be thanked for this report and that point number.six in the letter, which informs the Council that the land to the westward of '4hW..71O�yj Chesley Street should not be disposed of without careful consideration as to its potential development in �/'`-j`os Lo :WK elation to the development of the Fort La Tour site, be referred to the Land Committee, as well as point seven �Sdm� ���� in the said letter in relation to negotiation with the Harbour Bridge Authority for use of the land not owned by he City or Province: �fi��r6occr .Qfir / `tf e AND FURTHER that the Fort La Tour Development Authority be asked to furnish the Council with a copy of /u�,��y their minutes so that the Council members would be better informed about the project and would know where they /ate f J would be able to assist. ¢ the ones who are suffering today because their dividends are going down, there is no other income, and the 64LcJ7,+°,f ' situation is rather difficult for them. He felt that the Council should consider these points. • organization that requested a few months ago to purchase some of that land, and consulted with the Redevelopment 6�+44,7h Councillor Higgins stated that the Common Council, as the body that handles the taxpayers' money, Reh,qW,V1 endeavours to keep costs down and that if the above motion is a general intent to express concern regarding the r26ee//%/" _ growing escalation of costs he will support the motion rather than the motion being a particular item with �L��// /" reference to New Brunswick Telephone Company, Limited. He asked if the rising costs of telephone service were taken into consideration when the 1975 budget was prepared, and how this rising cost is going to affect the taxpayers of the City or the Common Council. He stated if this is a rising cost generally, as part of the rising cost of living, he will vote for the motion along that line. Councillor A. Vincent, in reply, stated he is a stockholder of this Telephone Company and he checked with his solicitors and was informed he has a right to vote on the motion at this Council. He stated that in making the above motion, he is not so much emphasizing opposition to the full rate itself because he understands that everything is going up - the two specific items ' in the motion are the two things that the City Solicitor or whoever represents the City before the hearing in the submission will probably be bringing back to the Council - and these two items are the things that he is really worried about. He stressed that these two points are his only reason for proposing the motion. Coun- S 7 TI E cillor Higgins stated that Councillor A. Vincent's reply clarifies the intent of the motion for him. �c�6✓�G S, Councillor M. Vincent agreed with the point made by Councillor Higgins that, as elected representatives of the citizens, the Council members have the responsibility to do what they possibly can to curtail the ex- cessive and the rising costs of anything, not just of telephone calls or anything associated with telephone companies. He stated that after questioning a couple of lawyers prior to this meeting of Council as to whether this was a responsibility that the elected representatives have, he feels it is. He added that he is going to �1W 3 f,GCC�CgtA support the motion because he feels it is time, perhaps, that this Council took a stand on some matters that are of direct relevance to the citizens. Councillor Cave stated he has received telephone calls from senior citizens in the Loch Lomond Villa o are concerned about pay telephone rates going up, and he does not think they should have to pay an increased to because he does not think they can afford it. Question being taken, the motion was carried with Councillors Davis and Parfitt voting "nay" • ?19R&Si' 10h Councillor Kipping re- entered the meeting. _k pi apv �g OOj G Mr. Rodgers asked if a written submission will be required to the hearing on the telephone rates. /La /hC�� Councillor A. Vincent stated that his intent was that the City Solicitor or his representative would prepare a brief, and maybe show it to Council, and submit the brief, or retain someone else to submit the brief before the C/�GI JD� hearing; if the City cannot afford that, the Attorney - General is supplying free legal aid; if there is some l reason the City cannot prepare a written brief, he thinks that a verbal submission sometimes has an impression Ion the Board. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that the letter from the Fort La Tour Development Authority in ' A0le-la reply to Council resolution of January 27th last which, at the request of the Civic Improvement and Beautification .Dell // me Committee, asked the said Authority to advise the Council of the Authority's plans and progress regarding the � 0 development of the Fort La Tour site, advising that, unfortunately, the details of the conceptual plan of 1970 Au referred to by the said Committee are, in the Authority's view, substantially inaccurate and do not properly �o.�Tillustrate the developments which should take place - however, the concepts of a fishing exhibit, historic ship �o display, and other certain items are certainly in line with the Authority's views; and listing the Authority's 51,4e eight -point general programme; and advising that it is the Authority's further view that there are both the P _ short -range and the long -range development plans - the short -range being to place the area into immediate visual �6 interest as an historic site with a minimal cost - the long -range plan being to secure the final development as a major attraction displaying both the Indian and French heritage of this area of the country, as well as being of major economic benefit to the City and the Province -- be received and filed and the Authority be thanked for this report and that point number.six in the letter, which informs the Council that the land to the westward of '4hW..71O�yj Chesley Street should not be disposed of without careful consideration as to its potential development in �/'`-j`os Lo :WK elation to the development of the Fort La Tour site, be referred to the Land Committee, as well as point seven �Sdm� ���� in the said letter in relation to negotiation with the Harbour Bridge Authority for use of the land not owned by he City or Province: �fi��r6occr .Qfir / `tf e AND FURTHER that the Fort La Tour Development Authority be asked to furnish the Council with a copy of /u�,��y their minutes so that the Council members would be better informed about the project and would know where they /ate f J would be able to assist. ¢ Councillor A. Vincent felt that if there were previous offers or requests made regarding the above 64LcJ7,+°,f ' entioned Chesley Street land, the Land Committee should be made aware of them. He stated he knows of one /le organization that requested a few months ago to purchase some of that land, and consulted with the Redevelopment 6�+44,7h Officer in this regard, and that this organization has funds to put up a restaurant and what he would consider Reh,qW,V1 to be next thing to a small Labour centre, and is still waiting for an answer. He felt that this information r26ee//%/" _ should be made known to the Land Committee, and stated that when this comes in he will declare himself as �L��// /" representing an interested party in regard to the said Labour project proposed for the said land. Councillor Davis felt that the Fort La Tour Development Authority had better provide Council with more information than it is doing in the above noted letter because the property under discussion is not going to stay the way it is and the Council will have to make important decisions regarding this area, very soon, one being that the National Harbours Board wants to extend that land out to the pier and straighten it off with Long Wharf. He felt that if the said Authority has nothing more to say than it has said in the above letter, the n s ie Council had better look elsewhere for action on Fort La Tour because the Fort site will be wiped out. Consideration was given to the letter from the Saint John Defence Lawyers Conference regarding a programme which apparently has Federal Government backing whereby law students are employed in city police S 7 TI E departments for summer employment and the salary costs of students are subsidized through the Federal Minister �c�6✓�G S, of Justice and participating Police Departments apply for reimbursements through the Canadian Association of Chiefs of Police in Ottawa, Ontario - and advising that it is the view of the said Conference that future lawyers from both prosecution and defence viewpoint, as well as those who may not become involved in criminal law should, if possible, have some practical understanding of the problems of law enforcement from the viewpoint �1W 3 f,GCC�CgtA f the police officer, and that the Conference feels that the experience which would be gained by law students participating in police work would be invaluable not only to the student but also for the general betterment of • SK/7,Meh law enforcement in the country as a whole, and stating that in some cases such students might go on to become emv1P9/ N7e� 7 embers of a Legislature involved in making laws affecting criminal procedures, and this broadening experience could not but help be of benefit to all concerned. The letter states that as it appears that there is little or no expense to the City on this type of programme, and that law students should be of sufficient ability to be an asset to the Police Department during summer periods, the Conference would ask that the City through the Chief f Police adopt a principle or concept of employing law students for summer employment and direct the Chief to 4'70 fo /ee.l7ept su,"ower BMpl� /olio, nTus1irerFm Cd//. HSSOC, e4i e ---rO7s�- !Po ll �e S. ✓, .Le70rer2ee Caw PS C'oerer.Ce S. T, fo /cemens �e'cf �SSOC Z04ZQI 6 / AePAee 06,0t 6140"me1' e�Pl�1 y�B//t C//dGte�S C'o/lefe abol /Y 3. university /?/a, le %come 1416. 111�7 ic`i a mw X *& Aeewi . Co make such enquiries and take such action as will result in law students being given the opportunity to work in the Saint John Police Department during the summer months. Chief Ferguson was asked for his comments in the above matter, and he stated that he fully supports that item. He further stated that last year when he discovered that the said programme was available he discussed it at that time with the Canadian Association of Police Chiefs and the Federal Government made five positions available for the Saint John Police Department where they would contribute a share of the funds; on checking, it was determined that the executive of Local Union 61 of the day (1974) objected to these men coming - he received this word from the Director of Personnel of the City, Deputy Police Chief R. H. Stone and the then Chief H. McKay; consequently, none were hired and we lost out on the opportunity to use the said positions; this year, one position is available he has learned from Ottawa today, and they will give us that one position which means they will contribute during the sixteen weeks a total dollar value of $2,584.00; he met today with the liaison Councillor and there was a meeting of the Labour - Management Committee and it was learned that today's executive of Local Union 61 are in full agreement with hiring these university students. He added that he is in favour of it, and that he would like to proceed to the hiring of this one student without having this brought up at the next meeting, and have this one university student available, as soon as the university closes, for the sixteen -week period. In reply to Councillor Gould's question as to whether it would be a local, Saint John university law student who would be hired for this one position, Chief Ferguson stated that it would be, hopefully, if we can get someone to come from Saint John for that position. Councillor A. Vincent stated he will support the proposal in principle if a Saint John resident will be given priority for filling this position - and then, go from there; he wants to know what we are going to call this pos- ition; he wants to know if the incumbent of the position will be given a gun. Chief Ferguson replied that the incumbent will not have a gun; the other cities have these students take the oath that you have administered, during the summer; the incumbent of the position is called "Constable ". With regard to the salary to be paid for this position, Chief Ferguson recommended that the incumbent be paid $640.00 per month which, on the basis of one year, is about $175.00 less than the annual salary of a Probationary Constable. Councillor Gould made the point that the City of Saint John is going to have to pay towards the salary of the incumbent of the position under discussion. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the Common Council approve in principle the hiring of a law student for a sixteen -week period in 1975 for summer employment with the Police Depart- ment under the programme of subsidization of salary costs through the Federal Minister of Justice and the Canadian Association of Chiefs of Police, and that the proposed hiring of a law student in this regard be referred to the appropriate City staff and, if necessary, that a report be made in the matter to the next meeting of Council: AND FURTHER that the letter from the Saint John Defence Lawyers Conference in the above matter, be received and filed. On motion of Councillor Kipping Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., advising that the Union has learned that the Chief of Police proposes to institute a new programme of hiring summer employees to do police work and that he proposes.to bring to Saint John ten students who are attending Holland College in Prince Edward Island, which the Association feels will be of limited value to New Brunswick and Saint John, and that the Association is of the opinion that if summer employees are to be used to perform police duties in Saint John preference should be given to Saint John, or New Brunswick, residents; advising that the principle of summer employment for New Brunswick students attending New Brunswick universities is supported by the Association but, however, the Association cannot support the concept of accepting summer employees from another province unless such employees were residents of Saint John City; advising that the Association feels that the experience which would be gained by a future lawyer in actually dealing with the problems of law enforcement and crime prevention on the first level would be of benefit to both police and lawyers in understanding and appreciating the problems faced by each party to this important part of our democratic system of society, and it supports the concept of law students being used for summer employment; and noting that there is also a question as to what rate of pay is to be secured, and that the Association understands that consideration is being given to a rate of pay higher than that now received by the City's own probationary constables; and asking that the Council establish a policy directive respecting summer employment for the Police Department as to priority of employment of students attending law school, university or other schools, and also as to pay scales to ensure summer students do not receive more than regular employees -- be received and filed. Mr. Barfoot advised that the above matter appears later on the agenda of this meeting, to be dealt with in more detail. On motion of Councillor M. Vincent Seconded by Councillor Parfitt RESOLVED that the letter from Mr. and Mrs. E. Richard of 518 Milford Road, West Saint John, whose mobile home is located on the lot owned by Mr. Frank Richard, (father of Mr. E. Richard) of 524 Milford Road, who also owns the lot at 418 Milford Road and is trying to obtain approval of a house plan for 418 Milford Road - advising that they have been ordered to move their mobile home from 518 Milford Road and that they would like to move it to 418 Milford Road on a permanent basis and this would enable Mr. F. Richard to build his house on the larger lot at 518 Milford Road- be referred to the Planning Advisory Committee for a recommendation. On motion of Councillor Gould Seconded by Councillor MacGowan n / RESOLVED that the letter from the Saint John Theatre Company Tlieo?t�/"e requesting that the City consider the Company's application to rent for a nominal fee, the Seaman's Mission building on Prince William Street from the City, and advising that it is the intent of the cvmpa by Company, should the Council grant this request, to raise the funds to make the necessary repairs and Zeds e improvements to transform this historic old building into a unique and beautiful little theatre with facilities for a variety of Workshop projects for the citizens of the Greater Saint John area, be re- 15_0_4� ceived and filed and referred to the appropriate City staff for a full report to Council regarding what ��At,!l/n�. e5't should be done with this building. [�6 6Gyl. Councillor A. Vincent felt that since the City is now the owner of the above named building, A 411.nceoe the City has a responsibility to board up this building. • • 0 u 1] I /!3 7a exels �ss. 0rivep �orNS c� �r�orge /T. �7 a /�oo C/a / � . C. Se7M��0e /�N3d�e /Z�oi 471 On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Donald T. Copp, Chairman of the New Brunswick Teachers Association Driver Education Council Workshop, requesting that the Common Council approve a donation from the City to help in defraying the costs of this workshop, which is to be held in Saint John on April 11th and 12th next for high school students, be received and filed and Mr. Copp asked to consult with Mr. Seward MacDonald of the Department of Economic Development for the purpose of completing the necessary application form and determining whether or not this application falls within the terms of reference for a grant. On motion of Councillor Hodges Seconded by Councillor A. Vincent RESOLVED that the letter from Mr. George T. Clark, Q. C., Executor of the Last Will and Testament of A. Carle Smith which was duly admitted to Probate on March 6th, 19T5, ad- vising that Mr. Smith bequeathed to the City of Saint John that freehold lot of land situate in the City of Saint John dedicated as a Wild Life Sanctuary, as shown on Plan of Anderson Heights No. 2, prepared by Murdoch - Lingley Ltd., in trust, to be preserved and maintained by the City as a Wild Life Sanctuary and for no other purpose, and that provision has been made financially for the City of Saint John in Trust to preserve and maintain the Wild Life Sanctuary, and advising that if this bequest is acceptable to the City he will arrange for necessary conveyances as soon as necessary information is obtained for a description of the said property, be referred to the Legal Department and to the Planning Advisory Committee for a report to Council. On motion of Councillor Cave o/►�m• Seconded by Councillor Green RESOLVED that the letter from Mr. G. A. LeBlanc of the Lakewood Grocery, � #4. 1e3�MC Loch Lomond Road, advising that he is requesting permission on behalf of three individuals from Montreal who 4ke4lMd have been employed by the Irving Oil Refinery, to place their travel trailers on his land on the Loch Lomond Road, as shown on the submitted plan, be referred to the Planning Advisory Committee for a recommendation. G� /6Aa/Vd. COJNS&//�o� i .G'ZV Re zoginy • S /ot i77e�C� /9i�S /Ifs C1u 46 C /u6 CXieye o rC Po /L6e L E G A L 96001 Z, 71_wP?s,/; ��3vJriR1 / assi s�a6,ce On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the application from Galbraith Construction Ltd. for re- zoning of land on the east side of the Gault Road to permit the construction of nine town house buildings containing a total of 53 units, be referred to the Planning Advisory Committee for a recommendation, and that authority be granted to proceed with the necessary advertising regarding this proposed re- zoning. Councillor Green asked how soon the report that was asked for regarding the proposed Saint John lottery will be forthcoming from the Legal Department. He advised that he has been working on the matter and there are many citizens who are interested in pursuing the proposal. The Mayor advised that he has received letters both for and against the proposed lottery, and these will be submitted. He added that the report will be submitted that Councillor Green refers to. Councillor Cave noted that when the water line was extended from Spruce Lake there were a number of people whose land was completely ruined when the pipeline was put through such land four years ago and they have not been compensated in this regard. He stated that on checking, he has learned that it may be that they will not receive compensation for a long while, yet. He asked for a report on when we can expect to give an answer to the people concerned. The Mayor replied that a report will be submitted in this regard. Councillor A. Vincent broached the subject of seizure of slot machines from the Elks Club and the Brace club. It was noted that this was not an item on the Council agenda. On motion of Councillor Green Seconded by Councillor A. Vincent RESOLVED that the said item be placed on the agenda of this meeting. Councillor Kipping voted "nay" to the above motion. Councillor A. Vincent stated that to his knowledge four slot machines were seized from the above named clubs and taken to the Saint John Police headquarters some time ago and to date he cannot find out in the financial records of the City where the money in the slot machines went, or whether it is still in the machines. He stated he would like to have an accounting of the said money and what happened to it, and he would like to have the answer next week. He stated that the Attorney General of New Brunswick informed him that there was no money in these machines, but he knows that when the two machines left the Elks Club there was close to $800.00 in them. Mr. Park advised that he has no recollection of having received any monies so described but it is conceivable it may have been combined with something else and so handed over to his Department; he would need to have more information as to dates with information coming from the Police Department in order to be able to answer that question positively. Councillor A. Vincent felt that the Chief of Police can find out when the machines were seized from the Police Department records, and that by now someone should have told us what was in those slot machines because he asked about it on the previous Council and he has asked about it on this Council, and he intends to keep asking about the matter. He added that the Attorney General told him recently that there was discussion in his Department about these slot machines from the Elks Club and he was thinking of giving them away and, to his knowledge, there was no money in them. He stated he wants to know why these machines were not broken up when they were seized and brought in the Police headquarters building, in accordance with the Criminal Code, and a proper record kept of the money in them and turned over to the City, which is what he believes should be done. The Mayor replied that the requested report will be provided, as requested by Councillor A. Vincent. Following a session in Committee of the Whole, the Committee arose and the Mayor resumed the Chair, in legal session of Common Council. Messrs. K. Walls, Chairman, and F. Haycox, Secretary, of the Transportation Committee, were present the request of the Council. On motion of Councillor Higgins Seconded by Councillor A. Vincent RESOLVED that the Common Council give favourable consideration to request of City Transit Ltd. for temporary financial assistance, subject to the following:- 47 / (1) the Commissioner of Finance be authorized to receive from the Company its financial records in ltwmv/ t order to confirm the financial position of the Company and that such examination be carried out by the /-,( J auditor of the City; 6[ (2) any temporary financial assistance to the Company be covered by proper documentation approved ,ClhQ//C %e7 by the City Solicitor; d SS/ SZ�a/7re (3) this documentation be used by the Transportation Committee in negotiations regarding fares, routes, subsidization terms and conditions; and (4) the Transportation Committee report the results of these negotiations to Common Council before any final decision is made by the Common Council. Messrs. Walls and Haycox withdrew from the meeting. The City Manager's memorandum dated April 2nd, 1975, informing the Council of a problem that 671�jY WQ-1c!9er exists regarding lamp arm failures at Shamrock Park, and that the City Solicitor has been supplied with .7 all pertinent information with the view to possible legal action being taken, also that the New Brunswick Professional Engineering Association has been notified by the City Engineer of this situation, expressing displeasure with Professional Project Engineering, Ltd., and stating that the City is awaiting a report prJ from Apex Industries, Ltd., expected by April 14th next, at which time a further report will be submitted o6 %A�e� to Council with recommendations for Council consideration. rF% -Ww''I "" — .. /�w�C/ eC�h✓ �� Councillor A. Vincent stated that as the Council nominee on the Board of Directors of First L.D.H. Ltd. he would like some advice from the Council regarding this housing project, and advised that the financial P icture is getting worse with up to three years owin g in taxes also water rates and bank loans owing. Noting that the audit is behind three years regarding this project, he asked if we could not produce a certified audit report to Central Mortgage and Housing Corporation because every year we ask for an increase in the rents the request is denied because we do not have an audit statement. He added that the company is about five or six months behind in payments to the said Corporation who are about to foreclose on the Company. He stated that it is possible, under Central Mortgage and Housing Q /)OUh TT / ihv• h l� " Corporation terms, for the Company to obtain a consolidating loan from that Corporation in order to pay y off all the Company's taxes - he added that the fuel bill regarding the housing has increased by $18,000.00 el-t rsi Al. last year over the year before yet the rents have not been increased to offset these rising costs because /eV the Corporation has refused approval for increased rents. He pointed out that the principle of low dividend housing is that you cannot make over five per cent a year profit, but the Company is going 11 mope FQ!e behind ten or fifteen per cent, or more, each year. He stated that the audit statement has to be ready 49M e0ts for April 23rd next; the Company has asked the Corporation representatives to meet with the Company on )9Q April 28th; the Company's water bill has increased about six hundredfold on three properties (there are nine buildings in this housing project) but no action is being taken to investigate as to whether there is anything wrong - such as a leak - to cause such high water bills in these three buildings. He asked for the Council's views on asking the New Brunswick Cabinet to have the New Brunswick Housing Corporation buy this housing from the City and operate it, and he felt that this subject should be discussed by the Council when it meets with the Cabinet on April 23rd next. He noted that the Company owes approximately $200,000.00 regarding operation of this housing. In reply to the question as to how much the City's records show in regard to value, Mr. Park stated he thinks that the City has subsidized this housing operation in the amount of probably $150,000.00 to $200,000.00 over a period of years; the value of this housing as carried in the books of First L.D.H. Ltd. is $800,000.00. The Common Clerk, who is Secretary of First L.D.H. Ltd., in advising that the annual meeting of he Company is April 28th, stated he would like the Council to refer to the Nominating Committee the matter of membership of this Company for a recommendation to Council; secondly, he requires a proxy from Co/�7%17/ i the Council to vote for the Council at the annual meeting of the Compnay shareholders on April 28th. He advised that the Company is meeting on April 28th with representatives of Central Mortgage and Housing f�rO Y� Corporation regarding some of the things Councillor A. Vincent has mentioned - what comes out of that e n� meeting is difficult to say. He added that the mortgage payments have stopped pending the meeting with he said Corporation. N.B- Ca6i net lrurs':i Creek, etc, The Mayor and Common Clerk advised that confirmation has not been received from the New Bruns - ck Cabinet as yet that the meeting tentatively set for April 23rd next between the Cabinet and the mmon Council is to be held. Various subjects which the Council wishes to discuss with the Cabinet at e said meeting, in addition to the Marsh Creek matter, were made note of by the City Manager at this On motion The meeting adjourned. Common erk. IJ • L 0 • At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fourteenth day of April, A. D. 1975, at 7.00 o'clock p.m. • present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - ' Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, S. Armstrong, Engineer with the Works Department, R. H. Stone, Deputy Police Chief, C. Nicolle, Director of the Recreation and Parks Department, M. Zides, Municipal Planning Officer, D. Buck, Redevelopment Officer, and A. Ellis, Building Inspector The meeting opened with a prayer which was offered by The Reverend R. B. Stockall, rector of the Mission Church, St. John the Baptist. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the bid of M. W. $ �G Garnett Associates in the amount of 12,100.97, tax included, F.O.B. Saint John for supplying Paris playground P�a i1�kh� equipment and arts as listed on the submitted P summary of bids, be accepted. // /1 Awl o7I° On motion of Councillor M. Vincent fiSSa�ra�e5 Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the City Manager • e- meer5- and the Purchasing Agent, an award be made for supplying the City's 1975 traffic paint requirements, as recommended v7eeN 16e, on the submitted summary of bids. %r. %c PQ%rjt On motion of Councillor Higgins Seconded by Councillor Hodges �0I7 ��� the Works Department RESOLVED that the report for March of the Water and Sewerage Division of , be received and filed. r+e�oo� On motion of Councillor Pye Seconded by Councillor Green ReR/6�e RESOLVED that as recommended by the City Manager, approval be granted for '1 payment of 415 accounts of 1975 real estate taxes, in the sum of $190,107.40, regarding various properties that eQ,reS are owned by the City of Saint John. f� Councillor A. Vincent stated he would like to see the Mayor establish a committee to study the question of whether or not the City should own the large amount of real estate that it does own, making the y /n pr City the largest owner of vacant real estate in this city. The Mayor replied that he has noted this request. -6� II On motion of Councillor Pye Seconded by Councillor Higgins RESOLVED that as per the recommendation of the City Manager, the Legal C Department be authorized to lodge appeals against 15 real property tax accounts of 1975 real estate taxes on re the submitted list and on the bases as noted on the said list, regarding City -owned properties. ' On motion of Councillor Gould 7S 2.079416 Seconded by Councillor Higgins RESOLVED that the letter from the City Manager which submits a report from Chief of Police Ferguson regarding slot machines seized February, 1974 - which report advises that during the month of February, 1974 two slot machines were seized from the Elks Club, Saint John, and one from the Mainbrace, following complaints; that these three items were brought before the Court and placed under seizure �u� and held until persons interested could show cause why they should not be destroyed; that .no application was r made and on April 10th, 1975, by an Order, as issued by the Minister of Justice, Province of New Brunswick, all three machines were destroyed and the money recovered therefrom in the amount of $468.65 was retained by the Provincial Court for transmission to the Secretary- Treasurer of the Province of New Brunswick - be received ' and filed. Councillor A. Vincent stated that he is not quite satisfied with the above named report. He stated he would like to have the matter tabled because as he recalls it, when he requested it in Council a year ago the Police Chief said there were a total of four machines seized - two machines from each club - whereas the above report says three machines were opened. He stated he would like to have the tapes from that Council meeting played, when he first asked for this information when the incident first took place. He stated he also was told there was an affidavit signed by someone who lost an awful lot of money in one of the machines; he stated he sees from the local newspaper, and from the Police Chief's report, that there was not as much money ' in the whole three machines as it was supposed to be said that one man lost. He stated he also understands that one of the machines that was broken up was not a slot machine but was a machine licensed for amusement only by the City of Saint John. He stated he would like to have that kind of information answered, and he asked that the matter be tabled for one week. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the above named matter be laid on the table for one week. • Question being taken, the motion to table was lost with Councillors A. Vincent, Green, MacGowan, and Pye and the Mayor voting "yea" and Councillors Hodges, Higgins, Gould, M. Vincent, Parfitt and Kipping voting "nay ". The Mayor advised that the information asked for by Councillor A. Vincent will be provided. Deputy Chief Stone was asked at this time to answer the questions posed by Councillor A. Vincent. He stated that to 474 carried. Question being taken, the motion to receive and file the above named report and letter was On motion of Councillor MacGowan the best of his knowledge only three machines were seized - two were from one club and one was from Seconded by Councillor M. Vincent another club; under the circumstances, when machines of this sort are seized the owners must show cause within thirty days before a court to indicate that they are not a gaming machine under the Act - at no time did any of the owners, so- called, make application to the court; in due course of events, the RESOLVED that as recommended authority was granted through the Justice Department, and in the presence of Chief Judge A. G. Harrigan, Manager, authority be Chief of Police Ferguson and several other people these machines were broken into and the sum of $468.65 granted was recovered, which was turned over to the court for the court's disposition. progress certificates, Councillor A. Vincent stated that if it takes thirty days and then the machines should have F been smashed or seized, why did it take thirteen months. Deputy Chief Stone replied that it is the that were undertaken under the Department sanction of the court - once the information is laid before the court the machines become the property of the Crown and we have to wait for sanction through the Crown to dispose of them. Councillor A. Vincent asked if one of the machines was an amusement machine, and not a slot machine. Deputy Chief Stone replied that any particular type of machine can be used as a game of chance. He advised that the owners had every opportunity to claim that the machines were not gaming machines, but they did not do it or show cause. Councillor Green felt that those who may have made representation on behalf of the Elks Club to �jK claim that the machines seized from that Club were not gaming machines had not done so because they were not aware of the provisions in the Act in such a matter, and added that he knows that such representation would have been made on behalf of that Club, otherwise. He pointed out that the proceeds from the machines that were used in the Club were used to purchase a coloured television set for the children at the Dr. Roberts Hospital, and the Club members also do other charitable work such as the deaf clinic work, and so on, for the children, and they sponsor Little League baseball-and Minor Hockey, and projects such as those, with the proceeds from these machines. He felt that the funds taken from the machines in question should have been turned over to the Club in view of the causes for which such funds are em- 40,603.75 ployed. In rebuttal, Councillor Higgins noted that these machines are installed by companies on a set percentage deal with the club concerned in which they are placed, and the proceeds realized are usually Progress Estimate Number 3, split in half with fifty per cent going to the club and the remainder going to the owner of the machines, or whatever percentage is worked out between the club and the owner; the clubs and the owners make large sums of money on these machines; the reason these machines were seized was because of complaints - there Invoice H -0051 could be any number of reasons for the complaints - usually, the reason is that a person will spend his 5,157.67 entire salary on these machines; all he is saying is that the machine is illegal. Councillor A. Vincent, 2. in reply, stated he knows that the Elks Club has a ruling that if anyone loses his money at the machines Plant and complains about it, the money is refunded to the person and the person is not permitted to play the machines again. He stated all he wants is fair treatment for everybody; if those two Clubs cannot have these machines, he thinks that the Police Department should do some work to night because there is a lot of those machines operating today in this city; all he knows is that what is fair for one is fair for them all; he is against gambling in any form that is not legalized, but to take one club and make it a "goat" - he does not go for that. carried. Question being taken, the motion to receive and file the above named report and letter was On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the City authority be granted for payment of the following engineering progress certificates on the for the following named projects that are included in the Capital Budget:- r • Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, and approved invoices for F engineering services regarding projects that were undertaken under the Department of Regional Economic Expansion programme: - // os�p%Y4CC/�o7ke 1. Spruce Lake Intake MacLaren Atlantic Limited N_Z_nfake Engineering Services le7ll��C �� J Gc Payments previously approved $ 40,603.75 Sum recommended for payment, Progress Estimate Number 3, Invoice H -0051 $ 5,157.67 Cry 2. Hazen Creek Sewage Treatment Plant f%ze�7 Godfrey Associates Limited Se Engineering Services _fe jah Payments previously approved $ 22,835.49 C— AssO� Sum recommended for payment, Progress Estimate Number 29, a�f�rey 1:eV Invoice 5592 $ 2,957.50 3• McAllister Drive Extension Murdoch- Lingley Limited /� Surveying Costs �K�r7d3o����j�� Payments previously approved $ 14,409.00 Sum recommended for payment, Invoice dated March 31, 1975 $ 6,360.75 h. 4. Lorneville Western Industrial Water Supply e Godfrey Associates Limited _076��1SLL��of, Engineering Services �n���/ Payments previously approved $ 113,317.24 Sum recommended for payment, Invoice Number 5593, //�� 60114eyl7uve, dated February 28, 1975 $ 566.50 . &df 5. Western Collector Area Trunk Sewer n �y eall/ Carpenter Place Lift Station #1;17, eQl Fredericton Housing & Construction ,Seae/^ Total value of contract $ 658,850.00 p� T! / Amount of work done 159,715.00 /L Retention 14 , 589.00 Payments previously approved 103,949.29 Sum recommended for payment, Progress Estimate Number 3, f�n�tLa�Ljph March 18, 1975 $ 41,176.75 On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the City authority be granted for payment of the following engineering progress certificates on the for the following named projects that are included in the Capital Budget:- r • I Community Arenas A.D.I. Limited Engineering Services Payments previously approved $ 106,683.20 Sum recommended for payment, Progress Estimate Number 7, A D•I.,(�? March 31, 1975 $ 5,021.36 475 2. Community Arenas Rocca Construction Ltd. C%ws! Construction of three arenas ,l Total value of contract $2,913,949.00 Total work done, Estimate Number 3 820,656.00 ' Retention 123,098.40 Payments previously approved 413,014.15 Sum recommended for payment, Progress Estimate Number 3, / April 2, 1975 $ 284,543.45 �({3�Dy/GGS 3• Simonds Swimming Pool Al Simpson Construction Ltd. Construction of Swimming Pool Total value of contract $ 319,250.00 /�ry�lSOq Total work done, Estimate Number 13 333,389.29 Cpq/b� Retention 6,667.78 Payments previously approved 324,721.51 Sum recommended for payment, Progress Estimate Number 13, February 21, 1975 $ 2,000.00 On motion of Councillor Higgins Seconded by Councillor M. Vincent L RESOLVED that the letter from the City Manager, advising that the BLLQ fe-4 budget as approved by Council for 1975 authorized major equipment purchases as noted in the submitted schedule, • ��u� pm�p and that subsequent to the submissions by the various departments and the final approval by Council, there have been some changes for which Council authority is sought before proceeding to tender (no additional funds are C�7dh ®t°S required), as follows:- (1) in the Water Department, Recreation and Parks Department and Building Inspection J Department, instead of tendering for a new one -half ton or small car, it is proposed that used Police cars be aaYS �p utilized; (2) in the Works Department, funds were included for two tandem dump trucks - however, because of the �� J �� condition of four single axle dump trucks of the City's existing fleet, it has been recommended that four new /, Y single axle dumps be purchased instead of two tandem dumps; also, in the Works Department, funds have been ,DeCoes, provided for the purchase of a new street sweeper and compressor, but because of the condition of one of the City's present graders, the 1973 Austin Western, it is imperative that this be replaced with a new grader capable of heavy work -- and recommending that the said changes in the new equipment schedule be approved -- be �Y6C received and filed and the said recommendations adopted. OM Cs�S Councillor Hodges stated he would like to know what effect the decision not to /IP.SS�h g purchase a new street P sweeper will have on the City's efforts to keep the city clean; he added that we need the street sweeper, and ' del^ not the grader. In reply, Mr. MacKinnon advised that when the equipment schedule was drawn up in the early part of the year it was deemed necessary that we get the sweeper rather than other equipment - however, in the course of analysis of the equipment, since the time of looking at all the equipment the two graders of the City have broken down quite badly and unless we can get all of the equipment including the sweeper it was deemed advisable that we should get the grader in order to do the construction work and at the same time to add it to the fleet during the winter schedule in order to do ploughing. He stated that we certainly can use the sweeper in addition to the fleet we have, but we did not try to add to the schedule - rather, we tried to utilize the same monies. In reply to Councillor Hodges' question as to whether we could rent a grader, he stated that we attempt to do it in the winter time; usually, the graders are being utilized by the construction firms for the same purpose the City desires this equipment - namely, moving snow - and in the summer time the majority of the graders are in use in construction sites and the City found it difficult to rent a grader for the entire season. In reply to Councillor Gould's question as to why the change was made from purchasing two tandem dump trucks to four single axle dump trucks, Mr. MacKinnon explained that six of the tandem dump trucks were repaired in one part of the city and we looked at the idea of getting more units for the same amount of money so that we could utilize them, • not only in the summer, but in the winter time as well, as plough units; the tandems would have limited uses as plough units, so we are attempting to acquire more pieces of equipment for the same expenditure. Councillor MacGowan expressed concern that the street sweeper has been omitted from the list of equipment to be purchased, stating that the City needs such equipment very badly. Noting that the above named letter from the City Manager lists in the separate list submitted with it the fact that a window van and a cherry picker are to be combined, Councillor MacGowan made note that the Recreation and Parks Department needs a �f// cherry picker as well for its operations in pruning trees along streets, et cetera, and she suggested that, as ReenBF XV& an alternative, that the unit that is being purchased be available as needed for the operations of that depart- _Ve/ _I_I- Mr. MacKinnon explained that the window van and cherry picker in question is a unit that the Traffic Department intends to use in its work connected with traffic signals and overhead traffic signs; he felt that the Traffic Department would be making almost constant use of this equipment - however, although it is not practical to combine the use of this equipment between the Traffic Department and the Parks division of the Recreation and Parks Department, he felt that if it is an occasional use, this equipment can be used for work other than that of the Traffic Department, in connection with overhead structures. Rep, iv, 1peEer �/iTcC'�vour (Councillor Davis entered the meeting during the preceding period of the meeting) ' On motion of Councillor Gould Seconded by Councillor Green RESOLVED that the 1974 annual equipment report of the Maintenance and Division of the Works Department, the covering letter from the Executive Director of Operations, and the from the City Manager submitting the said report and letter, be received and filed. Question being taken, the motion was carried with Councillor A. Vincent voting "nay" Mr. Peter Arsenault of 967 McCavour Drive, was spokesman for the residents of this street in their mission that a number of new houses have been built on McCavour Drive during the past year and the number of ng children has increased considerably, and that due to the fact that this is a through street from Manawagonish d to Manchester Avenue and is used frequently by cars and trucks seeking to avoid Purdy's Corner, they feel t it is necessary to have the sidewalk on the right hand side of the street extended to Purdy's parking area, ensure the safety of the children who live and play on McCavour Drive. 476 A-ler Arsehaa /t A%Cavvur Sri ve .S�'deura /k Mrs .14, 3, Ari rht Ci�izers A. pat Iic I% gym „a s iu.» arov.�Fe� Goon /Vo.a .'r r�iach �I &*17 /fosp, Seiioe/ During discussion by Council members as to what commitment the developers of the Greendale Sub- division had made to pay a certain portion of the cost of providing services such as sidewalk and roads, Mr. Barfoot stated that as he recalls the arrangement with the former City of Lancaster in this particular Sub - division development, there was money paid in advance to the cities to cover the cost of paving - it really did not cover the cost of curbing and landscaping and a sidewalk on the other side of the street. Regarding the question as to whether City staff has any proposals or intentions of putting in this requested sidewalk, Mr. Barfoot noted that this item could be referred to capital budget - as a comment, he would think it would be recommended that the curbing be completed on this street and the landscaping - he added that there is a sidewalk on the other side of the road, already. He pointed out that this is scheduled as a quiet, suburban street, and that truck traffic will be prohibited from using it when the Council receives the new Traffic By -Law, in a couple of week's time. He noted that the normal procedure in sub - divisions it is standard throughout the city to put a sidewalk on only one side of a sub - division street, if at all. Mr. Arsenault was asked how many homes on this street require the sidewalk that is being asked for, and he stated that there are between 20 and 25 homes on that side of the street between where the sidewalk presently stops - which is about 150 feet beyond the intersection of Birch Street and Purdy's Corner - there is an existing sidewalk of about 100 yards in length part of the way up that street, and the request the residents are making is to finish that sidewalk, right through to Purdy's Corner. The Mayor advised that the Council will give further consideration to the above presentation, ter in the meeting. At this time, a Brief was submitted by Mrs. M. D. Wright, on behalf of the Saint John West Citizens Association, outlining the recreational programme that is being provided at the Carleton Public Hall and noting that the City has provided such programme in the West Side for approximately five years and that it is because of the progress this programme has made that these citizens feel it can and should be expanded. The Brief asked that, if the City is not in a financial position to improve the facilities as requested and to build a new gymnasium itself, the City investigate the possibility of obtaining financing from the Federal and Provincial Governments (as was done with the recreation centre on Somerset Street). Copies of the following letters were distributed at this time to the Council members:- to the Common Council from the Carleton Branch No. 2 of The Royal Canadian Legion advising that the Branch has been associated with the Carleton Youth Club since the Club was opened and has assisted the Club in any way it could as the Branch feels that the Club is doing a wonderful job for the youth of West Saint John, and advising that the Branch feels that the Club should be given all the assistance the Common Council can give it in regard to assistance from the City to enlarge the Club's quarters; from Dr. Leonard J. Stephen, Director of the Dr. William F. Roberts Hospital School to the West Saint John Citizen's Club expressing the Hospital's appreciation for the wonderful way in which the children from the Hospital have been received at the Carleton Club recreation centre on Monday, Wednesday and Friday nights. The Mayor noted that a large group of young people who attend the Carleton Community Centre, in attendance at the meeting in support of this Brief. In presenting the above Brief, Mrs. Wright stated that since the Carleton Community Centre does rovide constructive and healthy activities to occupy the free time of anyone wishing to use it, these itizens feel that it directly, or indirectly, benefits everyone living in their area and that it is bvious that the Centre is of great value to their own community, and, therefore, they feel justified in sking for the following improvements:- (1) a kitchen sink for the kitchen that is off the room that is sed by the senior citizens; (2) since the present gymnasium in the building is not suitable to handle he activities that are now being carried on at the Centre, the citizens feel that immediate construction f a new gymnasium is imperative; they realize that the City itself may not have the funds to finance a roject such as this because it is rather costly, so they would ask that, if possible, the City go to aybe the Provincial and Federal governments looking for financing such as was provided for the Somerset treet recreation building. She stated that the Association would like to know whether the Council is in avour of their proposal and will support it in any way the Council can; if it is necessary to refer this tem to staff for study, they would ask now for a definite date as to when the study would be completed nd when the Association could receive a final answer from the Council. She pointed out that immediate ction can result in much lower costs to all concerned, and that since the Centre is not in full use uring the summer the gymnasium could be constructed without too much inconvenience to anyone and it herefore could be ready for the beginning of the fall programme. The Association's brief points out hat problems are being experienced at the Centre building due to the condition of the wiring and that or the sake of safety the Association asks that this be corrected as soon as possible. Councillor Higgins asked how much use is made of the facilities of the schools on the West Side the sports activities of the teams who use the Centre, and what use is projected by the Association these teams of the new community arena for the West Side. Mr. Richard Thomas, a member of the group sent from the said Association, advised that it has been found that these schools are in full use for ool sports and activities every week night including Saturday, with the exception of Monday nights n they are available for basketball. Mrs. Wright pointed out that the main reason for the Association ing for the new gymnasium at the Carleton Public Hall is because this Centre is a total thing and rybody can come there and it is a centre for the sports activities in the community. She pointed out, o, that it seems unfortunate that at the present time the basketball teams particularly, when inviting ms from outside the city to come here to play exhibition tournaments have to use facilities outside Centre because its gymnasium is not up to Basketball Association standards, and they would like to be e to play host to these teams in a gymnasium at the Centre. Councillor Higgins asked if the Association asked for the cost of building a new wing on to the present building by consulting a designer or a son involved in recreation, and Mrs. Wright replied that the Association has had an engineer look at building and he considered the possibility of lengthening the present gymnasium and he estimated it Id cost approximately $52,000.00 to do so - however, this facility would still need to be widened ch would involve moving out the building wall and he considered that the building could not stand it ng done - also, work needs to be done on the floor of the present gymnasium, and by the time that 1d all be done it would involve quite a bit of money; the engineer therefore felt that the best cedure would be to build a wing on to the present building and he estimated it would cost $100,000.00 s to do this, this addition to be on the lower side of the building where the playground is. Noting that the key to obtaining the recreation centre building on Somerset Street was the fact at pressure on the two senior government levels came out of an organized group within the community, uncillor Higgins pointed out that if the Saint John West Citizens Association is well organized and is rong enough, the senior government has millions of dollars available for this kind of project, and that ile the Council might act as mediary it is up to the people of the community to press for that money. reply, Mrs. Wright stated that one reason the Association is making this presentation to Council is to k for the Council's support in this matter and for the Council and the Association to work together ward realizing the project; the reason for asking Council for a target date was in case the Council tided it wanted the City staff to look at it first, and because the Association did not want the quest to be lost sight of. u • • • I _4'7'7 During the course of the discussion, Councillor Parfitt had advised the Association that the Somerset 9,47- �es� Street recreation centre had been financed for the most part by the two senior levels of government and had been undertaken due to the fact that there are 500 units of public housing in that area. •� Z� //.Z�G9h5 i7SSdC; Councillor M. Vincent stated he feels that it is a relevant point that groups such as this, and other types of groups, have a certain onus or individuality, and that he concurs that if there is an opportunity to make use of the schools, that is an excellent point; however, he felt it is important for the Council to realize that it means a lot to the children who are involved in the club to have the opportunity to invite people and Si h other groups in from outside to their own club which generates a feeling of closeness between the members of the club and the club itself if they have their own facilities, and he noted that this feeling is sometimes lost when they have to use outside facilities. He expressed the hope that the Council perhaps later on will see fit {� to favourably endorse the proposal made by the Association. . Councillor Gould stated that Mrs. Wright indicated to him that the Association was looking at the possibility that somebody else might be interested in the Carleton Public Hall property for future expansion, • and he asked if there is any word in that regard. Mrs. Wright stated that a letter was received this date by OPJq�°i� the Association from Mr. Johansen, executive assistant to Dr. S. H. Weyman (a member of the National Harbours Board) and he guarantees there is no way they will be interested in that property for a five -year period, at least. Councillor Gould asked if the Association is suggesting that the gymnasium, that would cost over Re — ;Xonl,? $100,000.00, be built on a location where it would have to be torn down in five years, or is the Association suggesting that enough profit may be made off the property if they bought it, to build a better gymnasium. In reply, Mrs. Wright felt that a higher price would be charged if a property is sold, after improvements have been made to it. .mil ebb Councillor Green asked how many citizens are now in the said Association. Mrs. Wright estimated there are approximately 30, and added that as they do not keep a membership list or charge a membership fee, this ' being a loosely -knit group, it is difficult to estimate the exact number; however, there are sufficient numbers in the group that if they should decide to try to take on a project such as that under discussion and take it further, she feels they can do it. Councillor Green stated that his thought was that if this group had a definite number of members who are supporting the efforts of the Association in this matter, he is sure that the Recreation and Parks Department would endeavour to give exploratory assistance and provide information so that the Association could present a good Brief in regard to this matter. Commenting on the commendable work and the • good effects that have been achieved by this Association through the operation of the Centre, Councillor Green felt that the Association is deserving of this assistance. provision of services to each of the dwelling units; with regard to the questions of the developer undertaking ' Councillor Davis, in asking if the Association intends to become involved in the Neighbourhood Improve- ment Plan for regional rehabilitation, noted that if the Association does so intend, there are funds available �C 9r7�1 for many things that the community needs and that you have to have an organization - and that the West Side has a good one. He felt that probably the best action for the Association to take would be to obtain all the information it can on these Plans, from the Redevelopment Officer, the City Manager, or some official like that, and make its own plans and then it would need no assistance from the City and it could then deal with the entire �Q10Z community. With regard to the matter of use of school facilities, he pointed out that this procedure was done -p^ about six or seven years ago and we have not had too many groups use City facilities, and that just because a 01707 these are Carleton people does not necessarily tie them to one building because they can use all sorts of facilities due to the fact that they are a group and a well -known group. He stated that if he were this group, • he would not wait for a new building because these places are available for the young people to have a gymnasium, and he felt that a group such as this Association is already made for rehabilitation of an area under the Neighbourhood Improvement Plan. Mrs. Wright explained that one reason the group has come to the City is because the Carleton Community Centre - at least up until the time the Somerset Street recreation centre was built - was very unique in that it was the only City -owned community facility in Saint John. Councillor Davis replied that this Carleton Community Centre was in that position due to the very good citizens who lived on the West Side and kept the centre going for all these years, and, therefore, the Association is following a great tradition. He again pointed out that the facilities referred to are available and he felt that the School Board would be found to be co- operative in their use. Mrs. Wright commented that the Association is open to all suggestions. Councillor Higgins suggested that the information volunteered during the discussion by Mr. Thomas regarding the almost capacity use of the school facilities during the evenings by other groups could be checked through the Recreation Department. Councillor MacGowan stated that she was sorry to see from the Brief that the Head -Start Programme of ' the Association had to be cancelled because of lack of funds, and asked if they have adequate space to carry it on this year if the funds were forthcoming. Mrs. Wright advised that she would think it would have been carried on, but at the present time they have a Head -Start Programme operating at the Carleton -Kirk United Church, apparently operating under some Federal Government grant - however, she does not think it looks after all the children; she believed that at one time, there were approximately 90 children in the Head -Start Programme, divided into two separate classes. She confirmed that there definitely is a need for a Head -Start Programme because she would not think that anywhere near the majority of children entering school this year are now attending the Programme at the said Church. Councillor MacGowan noted that the Association's Brief omitted the point that the Carleton Public Hall is a very attractive building, and stated that if the building is structurally sound she thinks it would have been nice if the Association had stated in the Brief that it would like to have the exterior of the building cleaned. She added that she would like to see this project undertaken. During the course of the discussion, Councillor Parfitt had advised the Association that the Somerset 9,47- �es� Street recreation centre had been financed for the most part by the two senior levels of government and had been undertaken due to the fact that there are 500 units of public housing in that area. •� Z� //.Z�G9h5 i7SSdC; Councillor M. Vincent stated he feels that it is a relevant point that groups such as this, and other types of groups, have a certain onus or individuality, and that he concurs that if there is an opportunity to make use of the schools, that is an excellent point; however, he felt it is important for the Council to realize that it means a lot to the children who are involved in the club to have the opportunity to invite people and Si h other groups in from outside to their own club which generates a feeling of closeness between the members of the club and the club itself if they have their own facilities, and he noted that this feeling is sometimes lost when they have to use outside facilities. He expressed the hope that the Council perhaps later on will see fit {� to favourably endorse the proposal made by the Association. . The Mayor advised that the Council will render a decision later regarding the Association's presentation. Mr. George F. O'Connell, Q. C. was present and submitted a Brief on behalf of his client, Mr. Walter A. Beckett who has applied to have the City amend the Comprehensive Community Plan in order to permit the OPJq�°i� development of his property consisting of several parcels having a total area of approximately 400 acres situated principally on the southerly side of the Acamac Backland Road and to the west of the Martinon By -pass (with portions of this land on both sides of the Martinon By -pass and both sides of the Acamac Backland Road). The Re — ;Xonl,? Brief sets forth the obligations that Mr. Beckett is willing to undertake in providing services for the develop- ment (water, sewerage and street construction and storm sewers) and states that Mr. Beckett proposes to construct in the first year approximately one hundred three - storey walkup apartment units and approximately one hundred row housing dwelling units and some fifteen to twenty -five single - family houses; a similar number of apartments, .mil ebb row houses and single - family dwellings would be constructed in the second year; the actual design and location of these units cannot be determined until a plan of sub - division has been prepared; it is the developer's intentions that both the location and the appearance of the units to be constructed will be such as to make the est use of the land and to provide a pleasing appearance amid pleasant surroundings; in addition to the supply of water and the disposal of sewage, and the construction of streets, the developer will make all arrangements necessary for the provision of other utilities and has had discussions with officials of the City Power Commission and the New Brunswick Telephone Company, Limited with respect to the provision of electric power, and of telephone service, respectively, as outlined in the Brief; all wiring within the sub - division will be made underground and • the developer is required to provide the necessary trenches with a suitable layer of sand or gravel and to do the necessary backfilling - there are certain other charges to be met by the developer in connection with the provision of services to each of the dwelling units; with regard to the questions of the developer undertaking to construct a minimum number of units in any fixed period and the possibility of supplying a bond in that egard, it has been learned that a bond to proceed with the construction of a specific number of units over a specific time cannot be obtained - Mr. Beckett is prepared to give an undertaking to construct 200 dwelling 478 WV?12�ep 119, ,Fech,r-� /e zo17ih9 units within 24 months after the start of construction - the beginning of construction would be con- ditional upon the approval of the plan of sub - division, the installation of water, sewage and street systems and construction of the necessary power lines - as soon as the plan of sub - division is prepared and approved he will proceed without delay with the drilling of test wells to locate an adequate water • supply, and if one cannot be obtained, he will proceed to make arrangements for the piping of water from Menzies Lake - every effort will be made to commence construction as expeditiously as possible. The following points are made in the said Brief: in earlier discussions with the previous Chief of Police, it was made clear that the Police Department had no objections to the Beckett development and did not consider that the development would result in any additional cost for police protection - the police force regularly has patrol cars operating over the Martinon By -pass and could carry out periodic patrols throughout the Beckett property without inconvenience; the Fire Chief has indicated that the development of this sub - division would pose no difficulties to his department and, indeed, would be beneficial in that it would provide a ready source for the supply of water for tanker trucks for use in that general area; this area proposed for housing development provides ready access to the city centre, to Lorneville , and Lepreau, as well as to recreational facilities and it provides an area free from pollution from the oil refinery or the pulp mill, both of which are a source of inconvenience and irritation to many residents of Saint John, and in the event the Lorneville development should continue, this area is sufficiently far removed from that area as not to be affected by pollution from any industries which might be established at Lorneville - in addition, it has substantial advantages over such rapidly developing areas as Grand Bay, Westfield and Welsford by being considerably nearer the centre of Saint John; the proposal does not envisage the use of private wells or the use of septic tanks; a copy of a letter from the Deputy Minister of Highways states that access to the Martinon By -pass from the Beckett property does exist and that the Provincial Government must provide a safe means of access. The Brief ' notes that the principal basis upon which the Planning Advisory Committee opposes the application appears to be the development of the land of the Beckett property is not consistent with the terms of the Comprehensive Community Plan, and points out that Section 1.5.2 of the Plan makes it clear that the Comprehensive Community Plan is to be flexible and that economic consideration is of prime importance, and that one of the principal objects of the Plan is according to Paragraph 1.7.4: "To ensure the greatest benefits to the inhabitants of the Saint John Urban Region in terms of the quality of the physical environ- ment and the quality of life available to them, while at the same time minimizing the total cost involved "; throughout the Plan it is made clear that a primary consideration in determining which area should be developed and when is the cost of providing water, sewerage and streets - in the Beckett proposal, all of these costs (of providing water, sewerage and the streets) would be borne by the developer - it is not • therefore inconsistent that the development of this area, or indeed any other area of the city which does not involve a substantial expenditure of public funds, should be developed. In further support of this view, the Brief refers to Part 2 of the Comprehensive Community Plan dealing with Land Use and notes that in Section 2.1 four alternatives available in planning the development of Saint John are listed, including the use of satellite communities, and that the authors of the Plan opted for the development of the city according to concept Number 1 with the growth concentrated in the Saint John Metropolitan area by providing for development continuous with already developed areas; the decision to adopt this concept was clearly made on the basis of the author's opinion that it would be the least expensive method - that decision was based upon the assumption that the community must bear the cost of providing the essential services of water, sewerage and streets; the Brief notes that the application of the Plan as supported by the Planning Advisory Committee contributes to the development of satellite communities in the nearby areas of Kings County and that the authors of the Plan and the said Committee have failed to recognize the fact that people are not satisfied to have a group of planners tell them where they must live - the result has been a population explosion and a development explosion in those parts of Kings County extending 20 and 30 miles beyond the boundaries of the City of Saint John. The Brief notes that when they first approached ' the Director of Planning with regard to the Beckett development, they were advised that they would have to satisfy the Common Council that there was a need for housing, and they trust that all the Council members are aware that the need for housing in Saint John is critical; the Brief discusses the effect of the shortage of housing on the work force in this city. With regard to the matter of the Saint John Housing Commission not supporting the Beckett proposal in its report to the Common Council because Mr. Beckett, in his presentation, did not offer what the Commission considered to be a firm undertaking to carry out his proposal, and in the absence of such an undertaking, the Commission not being in a position to give his proposed development its support, Mr. O'Connell submitted a copy of an undertaking Mr. Beckett is prepared to deliver to the City, executed by him, providing for the construction of a minimum number of 400 dwelling units over a two -year period. The Brief discusses the substantial short -range economic benefits to the City in the construction by Mr. Beckett of 200 units per year at an average cost of $30,000.00 per unit, which means an annual expenditure for materials and labour of $6,000,000.00, approxi - mately 40 per cent of this amount (or about $2,000,000.00) will be a direct cost of labour, and approximately $3,500,000.00 will be for the cost of material and supplies, and points out that any industry which • results in the expenditure annualy of two and a half million dollars for wages is a substantial advantage to a community. The Brief advises that while it is Mr. Beckett's intention if his proposal is approved and lots are made available for development, to construct a great many dwelling units himself, lots will also be made available for sale to the general public and the placing of a substantial number of lots upon the market must tend to reduce the cost of such lots - the Brief contends that the Planning Depart- ment, by restricting as it does the sub - division of land and the development of land, is, by creating an artificial shortage, contributing to the cost of building lots and therefore the cost of housing. The Brief states that the delays which have already been encountered in proceeding with this development have resulted in substantially increasing the costs of materials, and that there is a great deal of work to be done even after the area is re -zoned before construction can begin (survey work to be done, test wells to ' be drilled, water and sewage systems to be installed and streets to be built, electrical and telephone lines to be constructed, plans to be prepared and sub- division plans to be approved), and that in order that the development may proceed during the summer of 1975, it is requested that early approval be given of this re- zoning and sub - division. Mr. O'Connell stated that his client was hoping to get a report of the Saint John Housing Commission to the Common Council which would support Mr. Beckett's application. He stated he will speak on the two points which he does not believe have been mentioned to the Council before: in their dis- cussions with the Housing Commission it became apparent (he believes this was set out in the Housing Commission's letter to the Council) that the reason the Housing Commission did not support the application was because there was no firm undertaking by Mr. Beckett and his son regarding the amount of building they would do in any particular time; this was discussed between the Becketts and Mr. O'Connell and they were anxious not to commit themselves to do something which could become difficult or impossible to do - .at the same time, they were very anxious to get the support of the Housing Commission, and after having discussed the matter at some length with members of that Commission they concluded that Mr. Beckett could safely enter into an undertaking to construct a minimum of 200 dwelling units per year in the first two building seasons after building permits become available - in addition, Mr. Beckett has executed an undertaking to continue to construct a certain number of units per year, after that; these are minimum figures - this undertaking is not lightly given, and Mr. Beckett means to build a minimum of 200 units in the first year and a minimum of 400 units in the first two years, if he says that he will do so, and he would not give the undertaking if he did not mean to do so, and Mr. Beckett after having made all sorts of investigation is satisfied, short of a war or something of that nature, that he can do this; he cannot look far enough into the future to give a firm undertaking in this regard, but it is intention to continue to build at whatever speed the demand for housing here will allow; from all we know about the demand for L • I 479. housing here at the present time he would be able to continue to build 200 plus units per year until the whole area is filled - and that would come to something in the vicinity of 1,200 units (and it depends on the quality • of the housing), and it could be 1,500 units - if you build low -cost units you can build a lot more units on the same piece of land than if you build very expensive homes. Mr. O'Connell stated that they have not been able to get any results out of the Housing Commission except that he understands there was some recommendation of some nature from that Commission to the Common Council indicating support for Mr. Beckett's application; he was always under the impression that the Commission was going to make another report to the Council, but he was advised about a week and a half ago that the Commission did not know whether it was going to make another report or not, and in any event, it would not be forthcoming at once - and the Commission chairman suggested it would be about two weeks before its next meeting. Mr. O'Connell stated that Mr. Beckett thinks he should proceed now, rather than wait longer, and make his application in this matter. With regard to the matter of the Comprehensive Community Plan, Mr. O'Connell stated that it is his impression that much of the opposition to Mr. Beckett's application arises from the fact that the proposed development is not in accordance with recommendtions of the Comprehensive Community Plan. He stated that his clients and he have spent considerable time going over the reports in connection with the Plan, and he read the part of the Brief which sets forth their views in this regard, dealing with this aspect. Noting that the Brief states that the entire cost for the installation of a water system for the project would be borne by the developer and the system would be maintained for a period of one year after which it would be taken over by the City, Councillor MacGowan asked how great the system would be that Mr. Beckett is .urtiaf �L going to put in - is it for 200 homes or for the whole development. Mr. O'Connell stated that his understanding of the proposal - and this was discussed with Mr. Barfoot at the time when Mr. Beckett was first discussing this D �1 e zOh�H whole project - is that the very first installation of the sewerage treatment plant system would be adequate to service about 500 family units and he would put in the water and streets also to cover that area and when those 500 units were constructed, or a substantial number of them were constructed, he would then continue and expand the water and sewerage and streets system. Councillor MacGowan pointed out that the Brief omits to specify what is going to happen after - it says Mr. Beckett is going to be responsible for it, but it does not say when, where, why or how, really. Councillor MacGowan made the point that if the water is supplied from wells., you might have an adequate supply of water for perhaps 50 houses, or 100 houses, but if you are planning on; putting in 400 units you have to put in adequate water and sewerage to begin with, she would think. In reply, Mr. O'Connell stated that from his discussions with Mr. Beckett and with the engineer, his understanding was that • Mr. Beckett would prefer to supply water to the area by using wells (as he has done on a great many other occasions) but if that is not practical, then the proposal was to run a pipeline from Menzies Lake which would be much more expensive, but Mr. Beckett is prepared to do this; with regard to the test wells, before you can determine whether you have adequate water to supply 1,200, 1,500, 1,800 or whatever the number of dwelling units is, you have to carry out certain tests and this would be the first step his client would take - if the tests prove there was not sufficient water to supply the whole area, then his understanding is that the proposal involves the construction of the said pipeline to Menzies Lake. Councillor MacGowan stated that the point she is making is that this is not spelled out as such in the Brief, because if you built 400 houses there might be adequate water for that number and you might build that number of houses and that would be the end of it. She stated that in a matter of this kind she does not want any loop- holes. Referring to the undertaking executed by Mr. Beckett, Councillor MacGowan felt that with regard to clause 3 "within twenty -four months after building permits shall have become available enabling him to do so, the owner will construct or cause to be constructed not less than four hundred units of which not more than two ' hundred shall be in 3- storey walkup apartments and not more than two hundred may be row housing dwelling units provided however that the first two hundred units built under paragraph one above have been sold or occupied" if Mr. Beckett does not apply for those building permits they then do not become available; she asked if there is not a loop -hole there, and added that there is one, in her opinion. In reply, Mr. Rodgers pointed out that this is an undertaking that Mr. O'Connell's client is prepared to sign, and there might be other loop -holes in this document, and stated that he does not believe that the Council should give approval or disapproval at this time based on whether this is a good or bad undertaking; he added that he does not want to answer Councillor MacGowan's question with an answer that there is no worry to this particular paragraph 3 without examining it and getting more details. Councillor MacGowan stated that her other questions deal with Mr. Beckett's undertaking, also, and she therefore feels it would have to be referred to the Legal Department, in any case. In reply to the point questioned by Councillor MacGowan, Mr. O'Connell advised that this undertaking was prepared by him and was not checked by anybody and he quite agrees that the undertaking should be considered if the, Council's decision depends upon the validity of the undertaking and its enforceability and that should certainly be considered by the City Solicitor, but if there are flaws in the undertaking - that is to say, if the undertaking for any • reason is, in the opinion of the City Solicitor, not enforceable, then his client is quite prepared to amend the undertaking and to have an undertaking which satisfies the City Solicitor. He pointed out that the only dif- ficulty in preparing the undertaking was to try to get some idea of what the Housing Commission meant when it said it wanted an undertaking. Councillor Hodges noted that provision is made in the Brief if certain aspects of the project do not take place, and that if the houses that are not built are not sold, this developer does not build any more houses, this provision being made in paragraph 3 of Mr. Beckett's undertaking, and this is also spelled out in paragrph 4 of the undertaking. In reply, Mr. O'Connell stated that this provision was put in the undertaking at his insistence because he thinks it would be foolish to have 200 units built with maybe 50 of them unoccupied and go ahead and spend a lot of money and build some more units; he added that his client does not believe that ' will happen, but it would be rather silly to continue building if you had empty houses. Councillor Parfitt pointed out that various housing projects, with a considerable number of housing units planned, are to be built in West Saint John in areas where City services are available, as compared to the project proposed by Mr. Beckett with its aspects of provision of water supply and ownership of same, and other aspects of Mr. Beckett's proposal. She felt that Mr. Beckett's proposal is perhaps a little premature for this area. Councillor Higgins asked if Mr. O'Connell agrees that this undertaking from Mr. Beckett should be referred to the City staff, the Legal Department of the City, and so on, to come back with information to Council in order to react to this Brief. Mr. O'Connell replied that he does not object to this being done. He C ointed out that the said undertaking was prepared for the Saint John Housing Commission who had said it wanted /� assurances regarding what Mr. Beckett was going to do. He added that he intends to give a copy of the Brief and C- Q/by'ir the undertaking to the said Commission. Councillor Green noted that the Comprehensive Community Plan was adopted in principle by the Common Council, and that it has to be a flexible Plan because it is necessary that if something arose in the future that necessitated it, the Plan could be changed. He noted that the City subsidizes other sub - divisions in the provision of services, whereas Mr. Beckett is willing to provide the services at his own expense in the project • he proposes. Mr. O'Connell stated that his client is aware of this fact, and that Mr. Barfoot explained to Mr. Beckett and Mr. O'Connell that because this land is not in the sewers area and the project would not be hooking up to a City sewers system, because it would not be joining up with an existing City water system, Mr. Beckett would not get the sub - division assistance that is provided to other sub - divisions. 480 V.?4fir fl. elD 'Peekett „�'e- zor7in9 Councillor Kipping called attention to the fact that the Brief does not include the copy of the letter from Deputy Minister of Highways referred to on page 6 thereof - at least, not on his copy of the Brief. Mr. O'Connell advised that the letter from the said Deputy Minister acknowledged that Mr. Beckett's property has access to the Martinon By -pass, and the letter went further by stating that it was the responsibility of the Department of Highways to provide safe access. He stated that at his first meeting with the said Deputy Minister, before he ever came to Council regarding Mr. Beckett's proposed development, the Deputy Minister sketched out on a piece of paper how at that time safe access would be accomplished and he sketched out an acceleration lane on the westerly side of the highway, the widening of the highway then, there, and a holding lane for traffic turning left into the sub - division, coming from the city and turning left. Councillor Kipping asked if the Deputy Minister gave any undertaking as to whether the Department would be prepared to actually provide that access. In reply, Mr. O'Connell stated that the Deputy Minister just said that it was the responsibility of the Province. Councillor Kipping asked that the Council members be provided with the said letter from the Deputy Minister of Highways that was omitted from the Brief. Referring to page 7 of the Brief which refers to "minimizing the total cost involved ", Councillor Kipping stated that it is difficult for him to understand how the total cost can be minimized at this time, and by this development. He noted that it would depend on what is counted into the total cost, he believes, because he has the feeling that the Council is not seeing all the costs that really are involved in this proposed project; one would have to have a great deal of information before you could actually prove that the Council is not seeing the total cost - and even at that, it would probably be next to impossible to come up with it. He stated that his own feeling about the project has not changed sub- stantially from the times it was before the Council before; he feels that the project, although certainly a very worthy one by itself and obviously rather well thought out and planned, is premature in view of all that is happening in the city and in view of the obvious intent of the Comprehensive Community Plan. He stated he appreciates the additional information and the clarification that is contained in the Brief and the attachments to the Brief. Councillor Davis noted that with regard to the developer paying all of the costs is really no different from any other developments: the City pays the cost of materials in a development in the inner zone of the city but it does not do so in the outer zone of the City in any development, so it is entirely the responsibility of the developer to do that. He noted that the point is very valid concerning water supply by wells: if wells are sunk and they are not adequate a couple of years later, then the City has to install water service. He added that this is an isolated community and the City is having trouble enough at the present time in servicing communities that are sort of isolated, anyway. Referring to page 3 of the undertaking attached to the Brief, Councillor Davis felt that the paragraph reading, "In the event the owner should fail to construct the dwelling units set out in paragraphs 2, 3 or 4 within the period specified therein, he shall offer for sale to the City all of the lands shown on the plan of subdivision of the said lands lying to the west of the Martinon By -pass upon which buildings have not been constructed or upon which construction has not been commenced, at his cost price, which price shall include (1) the value of the land so being offered for sale as of the date of such offer; (2) all costs and expenses including a reasonable allowance for his time and effort in promoting the development of the said lands as of the date of such offer; (3) all fees, charges and expenses incurred by the owner in developing the said lands including but not limited to fees and expenses paid for the services of planners, engineers, drafts- men, surveyors and solicitors in connection with the development of the said lands and the cost of pro- viding water, sewer, street and other services. ". He felt that this is merely a bail -out - if the project fails, then the City has the privilege of bailing out the company by buying the land. He asked what sort of an undertaking this is on the part of Mr. Beckett. Mr. O'Connell replied that the said undertaking was prepared at the request of the Housing Commission, to satisfy the Commission's requirements; when they discussed this matter with the said Commission, this very point arose and the Commission told him what they want, and that is how it got in the agreement; he put in just what the Commission members said they granted. Councillor Davis stated that, in his view, this is not a commitment at all on the part of the developer, to give the City the privilege of buying the land that the developer can no longer develop at a Councillor MacGowan asked if Mr. O'Connell received a copy of a letter dated March 10th, 1975 to he Mayor and Councillors from the Housing Commission setting forth the things that were needed. She .sked if he thinks that the submission presently before Council in this matter answers what the Commission as asking for. Mr. O'Connell stated he does not believe he received such correspondence. Councillor [acGowan referred to the submission, reading, "Provided, however, that the dwelling units constructed in he previous twelve -month period shall be sold or occupied..." and stated that as a member of the Housing 'ommission she can say that this was not acceptable - these are some of the reasons the Commission members .elt they could not go along with it. Referring to page 2 of the letter from the Housing Commission, ouncillor MacGowan noted that it said "allow the City the option in the event the owner shall default in he required number of housing constructions to purchase the remaining land which has been re -zoned and erviced at an equitable cost, the means of calculation to be determined before the re- zoning, such cost uggested to be land value at pre- zoning value.. ". She noted that the Brief from Mr. O'Connell says, "at .is cost price, which price - the value of the land so being offered for.sale as of date of such offer - .11 costs and expenses including a reasonable allowance for his time and effort in promoting the development • • • • Councillor A. Vincent stated that, in all fairness to the Saint John Housing Commission, and as a member of that Commission, he, for one, would not like to see the Beckett property re -zoned without some ,q provider that they build a few houses and then let it rest for five years and not build any, and the price �T�� escalate, and this be serviced land. He feels that the Council has to consider why the Housing Commission Comm wanted some provider because the Commission was concerned that Mr. Beckett would come in - as has so often • happened in the past - with people having properties re- zoned, the values jumping five or six per cent and then not developing the property; he stated he believes there was even talk that this would be negotiated at a reasonable, fair market value and so on, because once you get 500 of 600 houses there we do not want some developer coming up and buying some land from Mr. Beckett and putting up a bank, a shopping centre, and so on, at the cost of the City. Mr. O'Connell acknowledged that this was the purpose of this clause - if his client stopped building he could not sit on the land and make a lot of money from it. Councillor Davis pointed out that another paragraph says, "Until such time as the City shall have exercised its option to purchase the said lots the owner shall have the privilege of selling all or any of the lots which shall lie within the subdivision of the said lands which shall have been provided with water, sewerage and street facilities to all lots any part of which lies within a distance of one hundred feet of water and sewerage installation shall be considered to be serviced lands. ", and asked what does the City have left - backlands? Mr. O'Connell replied that this would depend upon how far the development had progressed - that is, how far the water and sewerage system had been put in. He explained that the problem his client was faced with when that clause was put in the undertaking was: if he gave the City an option, in effect, to buy these lots his client might have been precluded from selling lots to people who anted to buy the lots and put up houses - and this is one thing that Mr. Beckett wants to do - while he is developing the land he wants other people to be able to buy lots and go in and build - he would carry on his water and sewerage and streets construction ahead of his house building programme. He stated that if there are things in the submission which are not acceptable to the Common Council as opposed to the ousing Commission and if the Council wants changes made, Mr. Beckett is quite prepared to consider making he changes. Councillor MacGowan asked if Mr. O'Connell received a copy of a letter dated March 10th, 1975 to he Mayor and Councillors from the Housing Commission setting forth the things that were needed. She .sked if he thinks that the submission presently before Council in this matter answers what the Commission as asking for. Mr. O'Connell stated he does not believe he received such correspondence. Councillor [acGowan referred to the submission, reading, "Provided, however, that the dwelling units constructed in he previous twelve -month period shall be sold or occupied..." and stated that as a member of the Housing 'ommission she can say that this was not acceptable - these are some of the reasons the Commission members .elt they could not go along with it. Referring to page 2 of the letter from the Housing Commission, ouncillor MacGowan noted that it said "allow the City the option in the event the owner shall default in he required number of housing constructions to purchase the remaining land which has been re -zoned and erviced at an equitable cost, the means of calculation to be determined before the re- zoning, such cost uggested to be land value at pre- zoning value.. ". She noted that the Brief from Mr. O'Connell says, "at .is cost price, which price - the value of the land so being offered for.sale as of date of such offer - .11 costs and expenses including a reasonable allowance for his time and effort in promoting the development • • • • I 4SI of the said land as of the date of such offer, all fees, charges and expense incurred by the owner in developing 61./'4ep 1, the land including, but not limited to fees and expenses paid for the services of planners, engineers, draftsmen, • �� /_ surveyors and solicitors in connection with the development of the said lands and the cost of providing water, fi sewers, street and other services " - she stated she does not think that would be an equitable cost. She stated that she wants this matter referred to the Legal Department. She stated that as far as constructing it and selling it to another party, she sees no mention whatsoever that in ninety days the City's option should be void; as she reads it, they say, "provided that the said construction does not commence within one year the land will be re -zoned back to the original zoning" - so, as far as presenting this to the Housing Commission for the Commission's consideration she does not think that the developer really has answered in this agreement the Commission's requests, Mr. O'Connell pointed out that the questions were never asked of him - he has never heard of this before. At this time, Mr. O'Connell examined the letter to which Councillor MacGowan was referring. /5j Councillor MacGowan therefore suggested that if Mr. O'Connell has not received a copy of such letter, dated March 10th, 1975 from the Housing Commission which advises of the only way the Commission could agree regarding Mr. Beckett's proposal. She noted that the letter says at the bottom of the page that the owner will construct 200 housing units within one year, which Mr. Beckett has agreed to do - and construct 400 units within two years, but provide for further construction each year of a reasonable number of units until 1,200 are constructed. The Mayor asked that a copy of such letter be sent to all concerned. The Mayor thanked Mr. O'Connell for his presentation. On motion of Councillor M. Vincent le-owe^5! J Seconded by Councillor Gould e7 CG'2f7t�°L� RESOLVED that as recommended by the City Manager and the Purchasing Agent, tenders be awarded for supplying one station wagon, one panel van and nineteen Police cars for the Police De- partment, in accordance with the recommendations contained in the submitted bid summary. Ve6i%c %s On motion of Councillor M. Vincent �s'/ Seconded by Councillor Gould ( -/Z'Ly RESOLVED that the letter from the City Manager, advising that the Emer- 77�yj gency Measures Organization Committee has recommended that the City adopt a community disaster planning by -law ,6*.�eaSiX modelled on the by -law as prepared by the Provincial Emergency Measures Organization, and that upon adoption of , rooWM, this by -law, the Committee would then be in a position to submit to Council a proposed disaster plan for the `O ✓ ✓MI►16G//�Z�y City of Saint John, which disaster plan will enable the proper organization and direction of community resources in the event of disaster, and recommending the adoption of a Community Disaster Planning By -Law based on the p submitted Provincial model, and that it be referred to the City Solicitor for preparation of the by -law in proper form, be received and filed and the recommendations adopted. �c76B/ On motion of Councillor Gould Seconded by Councillor Hodges /+ RESOLVED that the letter from the City Manager advising that the following applications for gasoline tank installations have been inspected by the Building, Fire and Planning Departments talk s and these departments recommend approval of the applications, and recommending that the said applications be S %4rioh�s granted, namely:- that of Simonds Co- Operative Ltd., Mark Street, Saint John East, to install a 10,000 - gallon �O -1%1--6 underground storage tank, and that of Saint John Co -Op Supply Dept., Fairville Boulevard, to install a 10,000- ' d. ✓ -�0 n� gallon underground storage tank -- be received and filed and the said recommendations adopted, for permission to V G �- install the said gasoline tanks at the said locations. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the letter from the City Manager advising that in view of //-- reports in the national and local press during the last few months about a supposed tight labour situation in 16c 06GN Saint John and its region, it was deemed advisable to investigate the situation in some detail, and that City staff, in conjunction with Federal and Provincial officials therefore studied the situation and find that Saint John and the region possess an adequate pool of well educated labour, capable of meeting the bulk of the labour force requirements of our developing economy, and describing the minor labour shortage that exists and referring ✓l to the unemployment rate in the Saint John region in February of 1975 (the highest rate recorded for February in some years) and stating that although this rate reflects short -term lay -offs in many firms throughout the • region, it is an indication that new industries hiring at competitive wage rates should have little trouble filling their labour requirements -- be received and filed. Councillor A. Vincent voted "nay" to the above motion. W•gnvl7/^jo Seconded by Councillor Higgins �f/Oh -Ares r RESOLVED that the letter from the City Solicitor submitting the fees 5'•,T?JOIl with respect to the City's nominee, Mr. Thomas McClean, and of the Chairman, of the recent Board of Arbitration AnAm4ireAso under the agreement between the City of Saint John and the Saint John Policemen's Protective Association, Local &pgi No. 61, C.U.P.E. and advising that the City is responsible for one -half of the total amount (the total amount /4,eing $1,600.37 and $2,160.41, respectively) and advising that there is no provision for taxing these fees and R -7� f7l I_hat Section 27 of the Arbitration Act does not apply in this case - and that arbitrations established under the �e�i/�.D5040 -4 Mr. Barfoot advised that the above matter was brought to the attention of Council in view of the publicity that the Saint John region has been getting as a boom area and a shortage of labour; we have found out that there was a possibility that'prospective industries were being frightened off by the idea that they could not get enough labour to operate and they were going to other areas and so, a study through the tri -level com- mittee which this Council sanctioned (staff committee) was done and basically what was found out was that the labour shortages were only in specialized areas such as pipe fitting and welding and construction and that ' basically there was a good pool of other labour and even in spite of a labour shortage in these industries that the many very large projects going on in the Saint John area are going ahead on schedule without major inter- ruption and this is a work record of which Saint John can be proud, and we can do the same for any new industry that comes in this way. Councillor A. Vincent felt that we should make some capital gain of this; we have the largest construction boom in Canada - really a private- enterprise boom. He feels that the City's public relations people, or someone, should prepare and release a statement to the effect that there are plenty of people to man these industries, that we have a work force here and that industries would be well advised to locate here. Regarding the letter from the City Solicitor with respect to fees submitted by members of the Arbitration ' Board under the recent arbitration under the agreement between the City and the Saint John Policemen's Pro- tective Association, Local No. 61, C.U.P.E., Councillor A. Vincent stated he wonders if the letter could be tabled until next week for another legal opinion. He explained that he does not agree with the City Solicitor's legal opinion and that he sought legal advice on this matter from a leading solicitor outside the City staff. He stated he felt it very hard to believe that the Order, signed on October 18th, 1972 by the Lieutenant Governor is not applicable to the City. n , leFsO✓ /F/�O On motion of Councillor A. Vincent W•gnvl7/^jo Seconded by Councillor Higgins �f/Oh -Ares r RESOLVED that the letter from the City Solicitor submitting the fees 5'•,T?JOIl with respect to the City's nominee, Mr. Thomas McClean, and of the Chairman, of the recent Board of Arbitration AnAm4ireAso under the agreement between the City of Saint John and the Saint John Policemen's Protective Association, Local &pgi No. 61, C.U.P.E. and advising that the City is responsible for one -half of the total amount (the total amount /4,eing $1,600.37 and $2,160.41, respectively) and advising that there is no provision for taxing these fees and R -7� f7l I_hat Section 27 of the Arbitration Act does not apply in this case - and that arbitrations established under the �e�i/�.D5040 -4 4S City's Working Agreements are governed by the Industrial Relations Act, and there is no schedule of fees established - and further advising that as the amounts of these individual fees do not exceed $2,000.00, Council approval has not been requested, and such fees are normally approved for payment by the Legal • Department with such fees falling under the budget of that Department, and further advising that he has discussed the budgeting of fees in this regard on previous occasions with the City Manager and Commissioner of Finance and it was decided that fees of this nature would be budgeted for as far as possible and included in the budget of the Legal Department - be laid on the table for another legal opinion. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that_the item that Councillor Pye wishes to introduce be added to the agenda of this meeting. With regard to the above matter, Councillor A. Vincent also stated that it is an arbitration Avenue, whose residence is located in the area of Strescon Ltd. found that water was entering his house schedule of fees, and that if this does not apply under the Act it certainly is a guideline for what we under the door and that water was ankle -deep in his yard; that he was not able to make the necessary should pay for arbitrators. contacts with the City Water Department regarding the situation and he got in touch with Mr. Arthur On motion of Councillor Gould ' worked the entire night and into the next morning for this purpose. He stated that the situation ap- Seconded by Councillor Green parently was created by blockage in the pipes which run in a northwesterly direction through the Strescon C for RESOLVED that the letter from the City Solicitor submitting information /�, .S'ofici regarding the permitting of lotteries and whether a municipality, particularly the City of Saint John J could become involved in the operation of a lottery scheme, be laid on the table. Sealer inadequate and was poorly serviced. He stated he does not know whether or not any action has been taken Councillor Green, who had requested that the matter be tabled, intimated that he would like to make in -put regarding the subject at the next meeting of Council. On motion of Councillor Pye Councillor Pye stated that he had an item of urgent nature that he would like to introduce at Seconded by Councillor M. Vincent , this time. RESOLVED that the Council instruct the Executive Director of On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that_the item that Councillor Pye wishes to introduce be added to the agenda of this meeting. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the above matter be laid on the table for one week Co- �1Y��lrj /h9 and referred to the City Manager for a report explaining the function of the Co- ordinating Committee of Cs�,-Amfet4Ee O the Partnership and the cost - sharing involved in the matter. gfFje/'S// /!Pl Question being taken, the motion to table was carried. is On motion of Councillor Hodges Seconded by Councillor Higgins RESOLVED that as requested by the Redevelopment Officer, approval Councillor Pye stated that late Saturday night, April 12th last, Mr. John Thomas of 481 Rothesay Avenue, whose residence is located in the area of Strescon Ltd. found that water was entering his house • -7-/ 6.70-1-47 / Xo Ina 5 under the door and that water was ankle -deep in his yard; that he was not able to make the necessary contacts with the City Water Department regarding the situation and he got in touch with Mr. Arthur Irving, an official of Strescon Ltd. who immediately sent men to correct the situation and these men �y/ / -eek worked the entire night and into the next morning for this purpose. He stated that the situation ap- parently was created by blockage in the pipes which run in a northwesterly direction through the Strescon yard and empty into the Marsh Creek. He noted that in May of 1974 the Proctor & Redfern report covered / $'tpese'o/7 this very item very clearly, and stated that after a report submitted by employees of the Public Works Department it was decided that the sewerage system existing under the Strescon grounds was totally Sealer inadequate and was poorly serviced. He stated he does not know whether or not any action has been taken by the City Works Department since that time - he knows that the City was supposed to take corrective measures. He felt that if action has not been taken, it is time something was done in that direction. On motion of Councillor Pye Seconded by Councillor M. Vincent , RESOLVED that the Council instruct the Executive Director of Operations to immediately investigate the above named situation. 0Perat /'or7s Councillor Hodges advised that he was contacted about the above situation the same evening and was told by the man at the Water Department that he sent one of his men out to make an investigation, and it was determined that the problem was at Strescon Ltd. and is in the Marsh Creek, which is not in the jurisdiction of the City. He stated that he was at that time trying to get somebody to unplug the drain referred to above by Councillor Pye. He added that upon the description of the said employee, it is not G'o the City's responsibility, but because it is the Marsh Creek, it is the responsibility of the Province. l�rov, vt. On motion of Councillor Green Seconded by Councillor Davis _ ✓6?/!/e5✓, yams RESOLVED that authority be granted for payment of the account • �t l received from James J. Harris Limited in the total amount of $6,684.30, for professional services rendered /14rke�E to January 29th, 1975 in connection with the Market Square Redevelopment Project, the approval of the Partnership for payment of this account having been acknowledged, and that the account be charged against e�OD/y/erjG IOf the project and shared in the usual way. r46 below Councillor A. Vincent stated he thought that the above consultants were hired by the Urban Affairs people. Mr. Barfoot advised that Messrs. Harris, Dregman and Hamann were the outside experts to advise the City on aspects of the Rocca proposal for Market Square - on the basis of the report prepared by these consultants the Council agreed to request of the Roccas that they make certain changes in their proposal, to make it, hopefully a more feasible proposal; the City does not have this kind of expertise ' that Mr. Harris can supply and the Co- ordinating Committee of the Partnership, with the City's approval, obtained this outside expertise. Recalling that at the time he asked some questions about this matter and that he was very concerned, Councillor A. Vincent again stated he understood that the said consultants 3epe. 644.7 n were engaged by the Urban Affairs Department; he noted that none of the Council members had any in -put into it and he felt that the Council should have some in -put into a matter of an expenditure of this t91q`z71 /y size. Mr. Barfoot replied that these are matters which come under the Urban Renewal Partnership. Councillor A. Vincent recalled that Mr. Harris had some in -put into the new library when he met with the /t?�7 ru various City groups, and stated he does not see where the new library has anything to do with the tri- /•O J level Urban Renewal committee - he does not think that the terms of reference is fair here, and he is not ' satisfied, and he is not getting any answers. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the above matter be laid on the table for one week Co- �1Y��lrj /h9 and referred to the City Manager for a report explaining the function of the Co- ordinating Committee of Cs�,-Amfet4Ee O the Partnership and the cost - sharing involved in the matter. gfFje/'S// /!Pl Question being taken, the motion to table was carried. is On motion of Councillor Hodges Seconded by Councillor Higgins RESOLVED that as requested by the Redevelopment Officer, approval r 4S,3 "ITAW111°1"-4 be granted for the acquisition of the freehold interest of Hannah McLennan in the property known as 426 Main /%7k7nah Street that is required in connection with the North End Urban Renewal Scheme (and that was expropriated on • �B�Bh �� M February 6th, 1969), for a total figure of $14,000.00 free and clear of all encumbrances and to include any claims of any nature whatsoever, the approval of the Partnership for the acquisition of this property for the rr !o �a3 said amount having been acknowledged (note:- Mrs. McLennan has already been paid in advance the sum of $9,000.00 and the remaining $5,000.00 is broken down as follows: - Owing on City's offer $3,000.00; Interest from the date / of expropriation $932.86; Legal and Appraisal Fees $650.00; Right -of -way $359.62 -- Total $4,978.48, rounded to $5,000.00). On motion of Councillor Gould Seconded by Councillor M. Vincent RIVPs� °a RESOLVED that the letter from the Recreation and Parks Advisory Board 40611$, Zoe, requesting that the Council authorize the Board to receive briefs from the general public on the naming of the three community arenas and to make recommendations to Common Council on same, be received and filed and the T recommendation adopted. In the above regard, Councillor Gould, chairman of the above named Board, stated he would assume that the Board would receive names, consider such suggested names and make a recommendation as an Advisory Board to Council in this matter. Councillors Davis and A. Vincent expressed the opinion that this procedure is a very ' bad thing to do. Councillor Davis stated he feels that these arenas should be named after the areas in which they are located, and in that way there is no controversy. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Davis Seconded by Councillor MacGowan / J RESOLVED that in accordance with the recommendations of the Land /w>'h/i( a,60 ommittee, the City purchase the property of Dr. A. L. Donovan on the watershed at Loch Lomond on the north side A./. 71 .:;,,,,,of the Second Loch Lomond, containing 10.3 acres of land, for the sum of $21,000.00 as offered by him, and that he and his wife be given life tenancy for a fee of $50.00 payable once and deducted from the purchase price, •/CBC� /.O% ,,n making the purchase price of $20,950.00 payable to Dr. Donovan - and further, that all taxes or other expenses Gt/dL�O 5/7ed against this property, incurred during the time Dr. Donovan and his wife claim tenancy, be paid by Dr. Donovan �%PO or his wife on their estate, and that Dr. Donovan and his wife be considered tenants of the property as long as P y they live, or until such time the City is notified in writing that Dr. Donovan and /or his wife wish to relinquish %G 6y their right of tenancy. In explanation of the sentence in the Land Committee's letter recommending that the City P g y purchase the �I�Jr %� DOO above named property, which sentence states that this property is a well landscaped area and could be divided into four building lots, Councillor Davis assured the Council that there is no intention of building on this property - the sentence was used just to point out the value of the property and that it would normally house four building lots. He pointed out that Dr. Donovan has been very generous in this matter - the assessment and the appraisal are higher than the selling price; Dr. Donovan is very anxious that the City have this property and all he wants to do is to have his wife and he live their normal lifespan there. Councillor A. Vincent noted that this property is on the watershed, but it is beyond the City boundaries and the City therefore has no control over the building permits there, and that is why we are buying these four building lots - to preclude IdIIP� S the owner selling them to somebody else, who might build on them and cause pollution of the water supply through p,e� sewerage disposal. Councillor Davis commented that it is anticipated that a report on the watershed with information concerning the properties we require, the excess property that the City can dispose of, and other matters, will be before the Council within the next two to three weeks. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the letter from the Saint John Housing Commission informing the Common Council of the substance of a report dated February 21st, 1975 from the Mobile Home Park Committee of the Commission and requesting the Council to allow the Commission to assume management and control of the Cedar Point Trailer Park by way of lease, the rental to be the annual cost of amortization of capital expenditure by the City, be received and filed. • In clarification of the above noted report from the Mobile Home Park Committee, Councillor MacGowdn advised that the said report recommends "that we approve the immediate expansion of this Park for approximately 34 lots and request that the City loan or make available $40,000.00 to prepare 34 lots at an average cost of $1,200.00 per lot. This money will be recovered within three years and thus the City will be providing a needed service at no expense to the taxpayer. ". She stated that, unfortunately, at the last meeting of the Commission, another estimate was given of what it would cost to develop this Mobile Home Park and it was considerably over $40,000.00, and she feels that the Council should be informed in this regard. On motion of Councillor A. Vincent C'orffnissiar� Seconded by Councillor MacGowan TI�f/�p f d RESOLVED that the above noted letter, and the letter from the Saint John Housing Commission advising that, in the event the City agrees to enable the Commission to assume control of the Cedar Point Trailer Park, the Council be informed it is proposed for the J p P present to enter into a manage- ment contract with the City to utilize the staff now responsible for its administration - be laid on the table until the Council receives further "concrete" information from the City staff. On motion of Councillor Gould Seconded by Councillor Hodges 0100719, RESOLVED that in accordance with the recommendation of the Planning :37 I�1C'%�, "/H Advisory Committee the City accept the sum of 1 464.00 in lieu of land for /' � Z'Y Y P $ public purposes with respect to the K of)va l Sarah E. Hazen Estate Sub - division, this being eight per cent of the market value of lots 75 -1 and 75 -2, estimated pepfoses A", at $10,000.00 and $8,300.00, respectively (in this instance, two lots are being created along the south side of S��/�/17 Anglin Drive, one with an area of 19,900 square feet - lot 75 -1 - and the other with 16,000 square feet - lot k7St 54t,6 d 5 -2 ) On motion of Councillor M. Vincent Seconded by Councillor Higgins e'.ZO ,07%I7Gi RESOLVED that the letter from the Planning Advisory Committee, to whom S� d�JJ had been referred the application from East Side Enterprises Ltd. for re- zoning of 16.55 acres of land on the south side of University Avenue on which the company proposes to erect seventeen 12 -unit apartment buildings in PlteM h /565 Phase II of Millidgeville Estates, recommending that the area shown on the submitted print be re -zoned from its 4S4 /7e_,Z0�7/h9 present "PD" planned development zone to an "RM -1" multiple residential zone pursuant to Section 39 of the Community Planning Act based on the development plans to be submitted by the applicant to show the ` proposed buildings, their locations and related details (copies of these plans will be filed with the Common Clerk before development takes place and, hopefully, before the enactment of the by -law), and nterlprise.s further advising that the Committee would point the following out to Council: (1) after consultation �td with the City's Works and Recreation and Parks Departments regarding streams in the area, these would be diverted and retained within a strip planned to be owned by the City; (2) an area of 80 feet by 300 feet in the middle of the project is to be developed by the developers as a recreation area - the responsibility for access to it and for its continued maintenance will be placed on the owners (purchasers) of abutting properties; (3) the developers are aware of the City's proposed median island in University Avenue and that the median will likely be broken only at major roads - the two courts proposed for the apartment project will require left turns to travel somewhat down University Avenue to the break in the median - the developers understand and accept this; (4) some of the proposed building lots would front on proposed Polaris Court but would abut proposed Tantawanta Drive at the rear - a buffer will be placed there in order to screen the rear of the lots and to prevent access to Tantawanta Drive - it will become vested in the City as part of the, or jointed to the, continuous "green" area along University Avenue, et cetera, containing the stream and diversion previously mentioned -- be received and filed and the recommendation adopted and authority granted to proceed with the necessary advertising. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee, to whom had been referred the application of Mr. Gilbert Kenny for the re- zoning of his property at the southwestern corner of King William Road (former Lorneville Road) and Ocean West -way (shown on the �e - zo h/ H9 submitted print) to a "B -2" General Business, district to permit construction of a 12 -unit motel, ad- / vising that Mr. Kenny applied for the same re- zoning in September 1974 and at that time the - Committee recommended against the re- zoning and Common Council did not enact the re- zoning, and further advising that the applicant's property is situated in an "RS -2 ", Suburban Reidential, district in which a motel is not a permitted use and that in Mr. Kenny's proposed "B -2" district a motel is still prohibited unless approved by the Committee, and further advising that the Committee recommends against re- zoning this particular property to permit Mr. Kenny to construct a motel as it would not be in keeping with the surrounding properties which have already been developed with one - family homes -- be received and filed and the Council concur in this recommendation. On motion of Councillor Higgins y� n /7` /S. / Seconded by Councillor Parfitt It� eXCli -ph e RESOLVED that the letter from the Planning Advisory Committee a;V70( advising that the Committee concurs with the exchange of the portion of the park or green area behind Drive that the City is to convey to Saint John Loan Company Limited in return for Lot 16, Block F ronting on Greendale Crescent of the Greendale Sub - division, be received and filed. follins On motion of Councillor MacGowan Seconded by Councillor Davis RESOLVED that the letter from the Planning Advisory Committee advising that the April 8th, 1975 meeting of the Committee discussed the potential deletion of Waterloo Street from deferred widening regulation and that the Committee feels that present plans calling for the ultimate building of the proposed Haymarket Square interchange and various traffic routings are not a sufficient basis on which to act at this time, and that the Committee is therefore recommending that this matter be laid on the table for review one year from now, be received and filed. Councillor A. Vincent stated that he would like the motion to read that the letter and recom- mendation be received and that the Committee's recommendation not be complied with, and further, that this Council go on record as immediately rescinding the Waterloo Street deferred widening by -law. Question being taken, the motion to receive and file the said letter was lost with Councillors A. Vincent, Green, Gould, Hodges, M. Vincent and Pye voting "nay ", and the Mayor and Councillors Kipping, MacGowan, Davis, Parfitt and Higgins voting "yea ", thus creating a tie vote. 9 On motion of Councillor A. Vincent .lieyiGrh�� Seconded by Councillor Green RESOLVED that the Legal Department be asked to prepare the proper �� ✓ ✓� documents to have the present deferred widening by -law governing Waterloo Street repealed: AND FURTHER that the above named letter from the Planning Advisory Committee be received and filed and the recommendation contained therein, to lay this matter on the table for review one year from now, be rejected. Noting that the next item on the agenda from the Planning Advisory Committee deals with the subject of deferred widening in a general way and gives more or less the philosophy of the Committee on same, Councillor Kipping stated he could not see how anyone could support the above motion, to ignore a recommendation from the said Committee that deferred widening on a city street be deferred. He noted that this Committee apparently wants the Council, as a Council and as a city, to accept a philosophy of planning and of deferred widening which is widely accepted throughout the wox33 where municipal planning takes place, and he asked what possible justification can there be for cutting one street out of that. He suggested that the only justification would be if it were very clearly and amply proven that it would be detrimental to the City's welfare as a whole, for this to proceed and he noted that it has not been proven by any means that it is wrong for Waterloo Street to be under deferred widening, and that the Planning Advisory Committee is,telling us, as a matter of fact, that this is quite necessary both on Waterloo and Union Streets, and on some other streets where deferred widening has been implemented. He stated he could not support a motion which flies in the face of the good planning that we are trying to get done in the city, the excellent Advisory Committee which we have which works in the face of very difficult conditions and criticisms mostly from those who do not well understand what they are really getting at because planning is a complex, long -range matter, and, generally speaking, people do not take the time to understand what planners are getting at. He hoped that the Council would not go along with such a backward step as was being proposed by this motion. Councillor Davis stated that if Haymarket Square is done the way it is shown at the present time, regarding the throughway, there is no question in his mind that the deferred widening of Waterloo Street will not be required because it gets to be very difficult to go down Waterloo Street and there would have to be a left turn at Brinley Street and a right turn at City Road, with a wait for the traffic light there; therefore, he is quite certain that Haymarket Square will not be modified and that Waterloo Street will not have to be widened; however, he does not quite see what the urgency of this matter is • • E • I M unless there is some development going on on Waterloo Street and then the City should certainly wait because if that street has to be widened to accommodate more traffic if they do make a change, then it will cost more to • widen that street. He stated that he therefore would like to be convinced by someone that this by -law should be repealed right now and not perhaps when the matter would become urgent. Councillor Green stated that having looked into the changes at Haymarket Square and so on as submitted to the Council with plans by the Provincial authorities, he does not feel that deferred widening regulations are RON % d f" .may oar e�epr� /i �e -zoni rij T!/sze/e Cu.� /iyiJq Clod Councillor M. Vincent stated he will not support a recommendation to lay a piece of City business on the table for one year - he thinks it is a very poor way to do City business. Question being taken, the motion was lost, six affirmative votes having been cast, and seven negative votes having been cast. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the matter be laid on the table. Question being taken, the motion to table was lost, with six affirmative, and seven negative, votes having been cast. On motion of Councillor Kipping Seconded by Councillor MacGowan RESOLVED that in accordance with the recommendation contained in the letter dated April 9th, 1975 from the Planning Advisory Committee, the matter of the potential deletion of Waterloo Street from deferred widening regulation be laid on the table for review one year from now, when we see where the Haymarket Square interchange and various traffic routings are going to go. Question being taken, the motion was carried with Councillors A. Vincent, Pye, Green, Hodges and M. Vincent voting "nay ". On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter dated April 9th, 1975 from the Planning Advisory Committee in reply to the request made at the March 31st last meeting of Common Council for information on deferred widening by -laws, submitting a copy of the Community Planning Act provisions on deferred widening and explaining the purpose of deferred widening and the application of deferred widening technique, and stating that the Committee believes there is a considerable potential role to be played by deferred widening in this city for the reasons given in the letter, and that the Committee expects that when secondary planning laying out future development areas or neighbourhood improvement areas gets under way, corresponding recommendations will be made by the Committee to Common Council, and, in the meantime, the Committee recommends that no alteration be made in the present deferred widening by -laws of the City, be received and filed. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the application from the Thistle Curling Club for re- zoning of property be added to the agenda of this meeting. Councillor Higgins explained that the previous building of the Thistle Curling Club on Dufferin Avenue (which was destroyed by fire in the winter of 1975) was built as a non - conforming use but it was allowed and it could be renovated and rebuilt, but because it burned to the ground the land use reverted back to a non - conforming use, and, therefore, the Club is applying for a change of zoning to permit the rebuilding of the curling rink on the same site with an eight -lane rink, and have it ready for use this fall, and, therefore, there is urgency in this regard. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the application from the Thistle Curling Club for re- required for Waterloo Street; he feels that at the present time if we hold up any contemplated construction which may occur on this street it has reached the stage now where it would be a shame now to put some of the businesses to the expense of building farther back on the street, and so on. He recalled that there have been businesses who have been required to make a set -back and stated he feels that with the changes that are now contemplated and are planned for the foot of Waterloo Street that there is no sense in the Council prolonging the deferred widening regulations any longer and he therefore feels that the Council should repeal such re- gulations. Councillor A. Vincent stated that as a member of the Land Committee, that Committee does have some information and if Council wants that information brought out, we can bring it out here. He pointed out that the City has to buy property to connect Prince Edward Street up, and that as long as the City retains that deferred widening on Waterloo Street the owners suspect that they are going to get a big price for a few feet of their property. He stated he knows that we have to take part of Paddock Street and that we have to go right through there and he suggested that the City will pay $50,000.00 more for the property it needs because that deferred widening regulation is being retained. Councillor Davis, chairman of the Land Committee, stated he has no prior knowledge of Paddock Street or anything like that. Councillor A. Vincent explained that the point he was making was that the City has to extend the street from Garden Street to connect on with the Wall Street interchange because we are building a fire station up at Leinster Street; we are going to come right down through Paddock Street and up through there (the plan is all made public) - he is saying that as long as we are saying to the property owners on the east side of Waterloo Street (which is the deferred side of that street) that we are going to buy all their properties, we are going to pay a lot of money for those properties. He stated that is what his argument is all about. (Councillor Cave entered the meeting at this time) • Councillor A. Vincent asked for confirmation of what was shown to the Council in Committee of the Whole in the eighth floor boardroom when maps were shown. Councillor Davis pointed out that what Councillor A. Vincent is talking about is in the Comprehensive Community Plan. He added that he does not see the connection he cannot follow that reasoning, at all. Councillor A. Vincent pointed out that people want to repair their buildings on Waterloo Street, and he knows of a doctor who wanted to put two office buildings on that street on a small lot of land but he could not do it because if he set the building back to conform with the deferred widening he had no space; he knows of other people; he thinks we should let the people on that side of that street beautify their properties but they cannot get a building permit for such work unless they get approval from the Council for such work, which he thinks is very unfair, because we all know that that street is not going to be widened, yet we want to prolong the agony of that deferred widening regulation. RON % d f" .may oar e�epr� /i �e -zoni rij T!/sze/e Cu.� /iyiJq Clod Councillor M. Vincent stated he will not support a recommendation to lay a piece of City business on the table for one year - he thinks it is a very poor way to do City business. Question being taken, the motion was lost, six affirmative votes having been cast, and seven negative votes having been cast. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the matter be laid on the table. Question being taken, the motion to table was lost, with six affirmative, and seven negative, votes having been cast. On motion of Councillor Kipping Seconded by Councillor MacGowan RESOLVED that in accordance with the recommendation contained in the letter dated April 9th, 1975 from the Planning Advisory Committee, the matter of the potential deletion of Waterloo Street from deferred widening regulation be laid on the table for review one year from now, when we see where the Haymarket Square interchange and various traffic routings are going to go. Question being taken, the motion was carried with Councillors A. Vincent, Pye, Green, Hodges and M. Vincent voting "nay ". On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter dated April 9th, 1975 from the Planning Advisory Committee in reply to the request made at the March 31st last meeting of Common Council for information on deferred widening by -laws, submitting a copy of the Community Planning Act provisions on deferred widening and explaining the purpose of deferred widening and the application of deferred widening technique, and stating that the Committee believes there is a considerable potential role to be played by deferred widening in this city for the reasons given in the letter, and that the Committee expects that when secondary planning laying out future development areas or neighbourhood improvement areas gets under way, corresponding recommendations will be made by the Committee to Common Council, and, in the meantime, the Committee recommends that no alteration be made in the present deferred widening by -laws of the City, be received and filed. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the application from the Thistle Curling Club for re- zoning of property be added to the agenda of this meeting. Councillor Higgins explained that the previous building of the Thistle Curling Club on Dufferin Avenue (which was destroyed by fire in the winter of 1975) was built as a non - conforming use but it was allowed and it could be renovated and rebuilt, but because it burned to the ground the land use reverted back to a non - conforming use, and, therefore, the Club is applying for a change of zoning to permit the rebuilding of the curling rink on the same site with an eight -lane rink, and have it ready for use this fall, and, therefore, there is urgency in this regard. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the application from the Thistle Curling Club for re- Im !Ye- To/1ih9 zoning of the Club's property on Dufferin Avenue to "B -2" classification plus a change in the text of the Zoning By -Law if necessary, to permit the erection of a new curling rink on this site, be referred to the Planning Advisory Committee for a recommendation and that authority be granted to proceed to advertise • oMM. this proposed re- zoning. i5t /e C'ur /r� Councillor A. Vincent stated that many people who run small businesses, service stations, et Q cetera and the building burns down, do not realize that they have only so many days to apply for a build- ing permit, and failing that the land use reverts back to its original zoning classification. He felt that publicity should be given to this information in the local newspaper, so that a person in such a position could make application for a building permit while waiting for an insurance claim to be settled and thus save the necessity of making an application for re- zoning. He asked that the Legal Department examine this matter. Councillor Davis asked why the Thistle Curling Club, or other persons in a non - conforming use ' situation such as a Club's, has to ask for re- zoning in order to rebuild. Mr. Zides advised that the land use would have been a use that was legal at the time the building was built, or the building was built prior to the establishing of zoning regulations and the change in zoning has made it a non - conforming use in such area - in that case, it may continue with a "grandfather" clause, but there are restrictions placed on that kind of a building - one restriction is that you cannot extend it - another is that if the use ceases or discontinues for a consecutive period of four months or longer or such longer periods as the Planning Advisory Committee deems appropriate in the circumstance, you have to revert to a legal use. He stated that the problem with the Thistle Curling Club is another kind of regulation which is in the Provincial planning statute - that is, if it is burned or damaged to more than fifty per cent above the ' foundations then it has to become a legal use; there is another exception there - that is if the Planning Advisory Committee can permit its restoration (what is being proposed in this case is not a restoration) it is.a restoration plus more, which is why the application is being made for re- zoning. On motion of Councillor A. Vincent Seconded by Councillor Higgins �Fe -z'0 it7�aRf RESOLVED that the application from Messrs. Abram Y. Goss and h Harold E. Goss for re- zoning of an area known as Wallace Court, Saint John West to permit the erection on q6�m Y 405. 7 Lot 1 thereof of a duplex house (a one - storey duplex house with basement to be used as living quarters, • MR e�._ G'o side by side), be referred to the Planning Advisory Committee for a recommendation, and that authority be kvld s granted to proceed to advertise the said proposed re- zoning. Councillor A. Vincent withdrew from the meeting. On motion of Councillor MacGowan Seconded by Councillor Hodges �+ ! ry /SLrCd/GPS RESOLVED that the letters from the Historic Sites and Events �1/e%/�S 0/11/%/. Committee advising that through the deaths of two valued members, namely, Colonel E. M. Slader and Mr. D. Gordon Willet, Q. C., there are two vacancies on the Committee which the Committee would appreciate having (%a daric/eS 1**win.niiny COAM filled in the near future, be referred to the Nominating Committee. On motion of Councillor MacGowan , Seconded by Councillor Kipping RESOLVED that the letter from the Historic Sites and Events. I' �+ (J 5'e OT Committee advising that it has learned that a member of Parliament has proposed to make the Beaver the official emblem of Canada, and pointing out that the City of Saint John has used the Beaver in its crest 0y7 and seal since 1785, and recommending that the City write to the members of Parliament representing the various areas of the city (Mr. F. McCain, Mr. Michael Landers and Mr. Gordon Fairweather) requesting in l9nl.°5 any Bill in Parliament relating to the establishment of the Beaver as official emblem of Canada, the City J of Saint John's right to continue to use the Beaver as part of its crest be safeguarded, be received and filed and the recommendation adopted. On motion of Councillor M. Vincent Seconded by Councillor Hodges • RESOLVED that the letter from the Canadian Federation of Mayors and C c719. 44vuMunicipalities advising that the submission of proposed resolutions are invited from the City of Saint John for consideration at the 1975 conference which will be held in London, Ontario from June 1st to 5th, / 1975, be received and filed. R1 e- .Zonihyy f/e,1ryT./r% �e�i�ion re Si cte/u+/aiir. 17pi ve ST.GvestC'.�.= zees Assoc, C'�r /etoh �m i-Ey Cer/�re a70 t, Lt�aaTi��" GbiJ� %GV7= On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that the application from Mr. Henry J. Marquis, Barrister, on behalf of Signet Realty Ltd., for a change in zoning for property at 7 -9 MacLaren Boulevard to permit the use of this property as a restaurant, be referred to the Planning Advisory Committee for a recommendation I and that authority be granted to proceed to advertise the requested re- zoning. On motion of Councillor Higgins Seconded by Councillor Green RESOLVED that the petition from residents of McCavour Drive, re- questing completion of the sidewalk on this street extending to Purdy's parking area, on the right hand I side of McCavour Drive, be referred to the City staff for a report. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that the Common Council go on record as supporting the ndeavours of the Saint John West Citizens Association in relation to all aspects of the Carleton Community entre and that appropriate City staff be provided for guidance to this group in their approaches to arious levels of government for financial assistance to assist in resolving the Centre's inadequacies. Councillor MacGowan asked for, and obtained, the confirmation of the Council members that the ater connections that are necessary for'the kitchen sink that the above Association requested for the • enior citizens quarters in the Carleton Public Hall will be provided immediately. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the Brief submitted by Mr. George F. O'Connell, Q. C. A r 486 (s�DB � on behalf of his client, Mr. Walter A. Beckett, with regard to Mr. Beckett's application for re- zoning and ` O %/9��� amendment of the Comprehensive Community Plan in order to permit the development of his property located princi- pally on the southerly side of the Acamac Backland Road and to the west of the Martinon By -pass, having a total "!� /p �( area of approximately 400 acres, be referred to the appropriate City staff and the Legal Department for a report (�/ Ff to Council. Councillor M. Vincent voted "nay" to the above resolution. --f — . -- //�� Following a session in Committee of the Whole, the Committee arose and the Mayor resumed the Chair, in C.B ( legal session of Common Council. L E G A L Consideration was given to a letter from the City Solicitor, dated April 11th, 1975 which advises that with regard to the Council resolution of April 7th, 1975 which provides that the Council oppose the rate increase ' proposed by the New Brunswick Telephone Company, Limited, the said company is a public utility and is regulated and controlled by the Public Utilities Act, and the hearing with respect to the proposed rate increase is / scheduled to commence on April 15th at 2.00 p.m. The letter further advises that the City Solicitor attended an �; t informal meeting on April 9th in the Public Utilities Board Room in the Provincial Building, wherein the pro- cedure with respect to the hearing was discussed, and as a result of his research into the matter in the past week, he has discovered various aspects which he is requesting be discussed by Council prior to the hearing. Mr. Rodgers advised that he would like specific instructions from the Council because he came away from the said informal meeting held in the Public Utilities Board Room with a certain understanding. He stated that if the City wishes to oppose this proposed rate in a manner that normally such a proposal is objected to it means ' cross - examining the proposal, and calling evidence, and so on and so forth. He stated that this proposed rate increase has been in the making, in the operation, for probably a year, and to properly oppose that with respect to the cross - examination of witnesses and, also, to introduce evidence to rebut what is in these reports, requires expert advice from the City's point of view and that means engaging chartered accountants, or a char- tered accountant. He stated that if the City wishes to oppose the rate increase in that manner then the only thing the Council can really instruct him to do at this time is to ask the Board to adjourn the hearing for the City to properly study this matter and make a proper representation. He stated that is that alternative. With regard to the question of what effect the proposed rate increase would have on the telephone bill of the City at City Hall, which is borne by the taxpayers (whose own telephone rate would also be increased), • Mr. Rodgers stated that on checking with the Commissioner of Finance he learned that the City telephone bill is approximately $72,000.00 annually (including communication costs); the telephone bill of the Province of New Brunswick with the rate increase is jumping from one million dollars to around two and one -half million dollars, and using the same ratio, we are talking about a bill of approximately $170,000.00 for the City annually if the telephone rate is increased. Mr. Rodgers pointed out that if it wishes, the Council can take the step of requesting the Board of Public Utilities to grant an adjournment of the hearing; if the Council does not do it in that manner, the City really cannot do a proper job with respect to evidence and cross - examining the witnesses; the problem with introducing evidence or statements is that you can be questioned as to where you got the information; he really believes that if the City is not prepared to go into it properly, that all that should be done is file the Council's resolution in the matter by the Common Clerk with the Public Utilities Board, and then there is no way that the City can get into a discussion on it. ' On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that Common Council resolution of April 7th, 1975 with regard to C.P,� GL• the Common Council opposing the New Brunswick Telephone Company Limited proposed rate increase, be filed by the Poe Common Clerk with the Board of Commissioners of Public Utilities. Councillor Kipping withdrew from the meeting at this time because of possible conflict of interest in the above matter. ° Question being taken, the motion was carried with Councillor Parfitt voting "nay ". Councillor Kipping re- entered the meeting. On motion of Councillor Gould • %O Seconded by Councillor M. Vincent I RESOLVED that the letter dated April 9th, 1975 from the City Solicitor, L informing the Common Council of the procedure to be followed by a municipality if it wishes to expropriate land /O or an interest in land, the New Brunswick Legislature having adopted on March 31st, 1975 a new Expropriation Act, be received and filed. On motion of Councillor Hodges Seconded by Councillor Green RESOLVED that the correspondence regarding payment by the City of compre- hensive general liability insurance claims for the first quarter of 1975, and regarding a building permit for C�a7//71� the Irving Oil Refinery expansion, be laid on the table until the next meeting of Council. On motion The meeting adjourned. Commor-71erk 48S Cou�ar s 1 %-4: � nci 1/2 cano�oies S /or- IrAQC117in &s seized C'ou*4xi / /or (%i hceor e ,!Plofeala/k, /*favour Jar. C'tr�„rxi %doh /Y1ac� rowan va 5eited Coullei / /or 199. l/'ncerrt Taaof%�serrric� 0, ;? �,,/� Co // �e�veh Gi f iOf5 &,46o ®B'C. 4 . f/aze4 6""eek a5lew Tre 4veht f/�f t Goal_FPef A/vsa �C Zed. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty - 'firat day of April, A. D. 1975, at 4.00 o'clock p.m. present • E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. , Rodgers, City Solicitor, J: C. MacKinnon, Executive Director of Operations, S. Armstrong, Engineer with the Works Department, C. E. Nicolle, Director of the Recreation and Parks Department, M. Zides, Municipal Planning Officer, D. Buck, Redevelopment Officer, G. Baird, Executive Director of Economic Development, J. Gabriel, Assistant Director of Parks, E. W. Ferguson, Chief of Police, D. French, Director of Personnel and Training, and J. E. Evart, Deputy Fire Chief The Reverend K. Legassick, rector of Trinity Church, offered a prayer which opened the meeting. ' On motion of Councillor Gould , Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on April 7th last, be confirmed. Councillor Cave, referring to the section of the above minutes in which discussion took place regarding overhead canopies in the City Market for the protection of foodstuffs, advised that he received a call on the subject and made a personal inspection of the said canopies and noticed that quite a layer • of dirt has formed on top of them. H,he felt that the Council must look into the matter of their removal very carefully. Councillor Cave then referred to the discussion that took place at the April 7th meeting regarding the slot machines that were seized and stated he wonders if the general public has enough information regarding these machines, and stated he feels a little more information should be given to the general public on them, with reference to the Magistrate having had control of those slot machines during the time they were placed in this City Hall. He noted that this information has never been brought out. Councillor A. Vincent stated that he had the privilege of hearing today the tape of the Council meeting of April 24th, 1974 and the remarks made by the former Chief of Police at that meeting. He felt that before any more publicity is given to the matter the Council should hear the said tape because it clearly says the Attorney- General was going to get the money the next day from these slot machines - or to that effect. He pointed out that it was not until 1975 and after he consulted with the Attorney- General - he added that the courts are responsible, too. He stated he thinks that in all Fairness the slot machine business should be closed once and for all and it should not be in any club, On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that minutes of the meeting of Common Council, held on it 14th last, be confirmed. Referring to the discussion that took place at the April 14th meeting concerning the request made by residents of McCavour Drive that a length of sidewalk be built in this section of the Greendale Sub - division, on this street, Councillor MacGowan asked if it would be in order to ask the Council members to inspect this street, before this matter is referred to the committee on budget, so they would see how urgently that sidewalk is needed. With reference to the matter of the slot machines, Councillor A. Vincent stated he would like o clear the air once and for all, and he asked if someone could give him the information in writing next eek as to whether those machines were kept in the court. He stated that there is a definition between a olice station and a court room and he asks for the following information: were those machines kept from he time they were seized until they were smashed open; were they kept in the hands of the Provincial overnment or were they kept in the police station of the City of Saint John - he pointed out that there s a difference. The Mayor replied that he will have that report. On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the City the bid of Loyalist City Towing Ltd., in the amount of $14.00 per tow, be accepted for supplying service. On motion of Councillor Gould 9 Seconded by Councillor Cave RESOLVED that as recommended by the City Manager, approval be granted ' for payment of the following construction progress certificates and approved invoices for engineering services regarding projects that were undertaken under the Department of Regional Economic Expansion Drogramme:- 1. Milford - Randolph - Greendale Collector Sewer Giffels Associates Ltd. Engineering services Payments previously approved $ 121,407.51 Sum recommended for payment, Invoice 23242, dated April 14, 1975 Progress Estimate Number 41 $ 721.11 • 2. Hazen Creek Sewage Treatment Plant Godfrey Associates Ltd. Engineering services Payments previously approved $ 25,792.99 Sum recommended for payment, Invoice 5599, dated March 31, 1975 Progress Estimate Number 30 $ 4,106.50 I MMIS (a'i)- /72�er 3• Carpenter's Place Lift Station 11;015t Fredericton Housing & Construction Company Limited Total value of contract $ 658,850.00 1 Total value.of work done 287,188.19 Hold back 38,325.75 Payments previously approved 145,126.04 Sum recommended for payment, Estimate Number 4, dated April 10,1975 $ 103,736.40 On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice from Stephen Construction Company Limited, dated April 16th, 1975, in the amount of $40,495.01, for supplying asphalt to the Works Department during the period April 1st to 15th, 1975. � ,O'�f J On motion of Councillor Higgins K Seconded by Councillor Cave _ RESOLVED that in accordance with the recommendation of the City Manager and / adder the Acting Deputy Building Inspector, the tender of John Flood & Sons Limited, in the amount of $2,466.00 be dCC9e *ed accepted for the demolition of the City -owned building at 257 Charlotte Street, provided all required specifi- . npl/)w/tiU17 cations are met. 02 S7 L°6„ Councillor Parfitt advised that she visited the site of the above named building only a few days ago TXN )off and discovered that the same thing is going to happen regarding the house next to 257 Charlotte Street; she S&hs ^16-d called the Assessment Office and that building is being inspected this morning. With regard to 257 Charlotte Street, she advised that the City would be paying over $20,000.00 for a strip of land measuring 33 by 81 feet. 1 She stated she asked for some policy regarding what the City would buy and what it would not buy; that is, is e A the City going to buy all the slum properties and pay for demolition - which is costly today - or is the City going to use the legislation it has now and order them demolished because they are unsightly, with respect to the buildings next to 257 Charlotte Street and across from it. She asked that some policy be formulated in 4C�f{% y/ %Ud1 regard to such buildings. The Mayor advised that a report will be obtained on this subject for Councillor •/ja /�� Parfitt. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the report for March of Technical and Inspection Services, M%4 including the Plumbing Division, be received and filed. Councillor A. Vincent stated that he has been unable to find any reference to the valuation of the Brunswick Square plumbing permit, as yet, from such monthly reports. He asked if a plumbing permit has been obtained by that project yet, and if so, is the sewage from that project going to empty into that old sewer on King Street. In reply, Mr. Barfoot advised that the plans for Brunswick Square are to use the existing sewerage 0,�Q!'�' system on King Street, Germain Street and Chipman Hill (Prince William Street); there is no charge for plumbing V ` iheeM�_ permits - the total cost of the building including plumbing is in the building permit. Councillor A. Vincent expressed the view that the sewage load will be greater from the large tower, large hotel, large bank and possibly a store that will be built at Brunswick Square, than from the previous buildings that were on the site, and that it is time the City staff was preparing itself to do something about a lift station, or something, to prevent such sewage pollution from entering the harbour at the foot of King Street. He added that there is all kinds of Federal money available, and stated that the City should be building the said lift station now right across from the site, to take care of such sewage. Mr. Barfoot advised that there is a long -range plan for dealing with the sewage dumping into the harbour, all the way round the harbour - he believes there are still 51 outfalls into the harbour; these 51 sewer outfalls are the last things to be done in the City's long -range 586f/Eri� sewerage planning; our priorities have been to deal with discharge of untreated sewage into the brooks, into the Kennebecasis River secondly, and lastly, into the harbour. Councillor A. Vincent stated that he has been on the Main N 5 Council four years and he has never seen or heard of such a long -range plan, nor has anyone on the City staff Se!(/e3�C e mentioned it to him; he asked if the plan has been up- dated. Councillor Higgins reminded Councillor A. Vincent 1/ f�J$1_ i/O that the City has undertaken the Lancaster Sewage Lagoon project, followed by the Marsh Creek Sewerage Scheme - T` 1��'l there is certain cost - sharing involved in this scheme which has been very helpful, but there is still a terrific • 4Vt ¢ Ve ?9(Me load on the taxpayer to cover that project; next, the City undertook the Champlain Heights- Lakewood Heights- Hazen Creek sewage treatment plant (which should be operational within the year); also, there is the Milford - Sair�i T 1 Randolph - Greendale Collector Sewer. He pointed out that all these projects involve millions of dollars in costs. He pointed out that the projects involving sewage that flowed into the St. John and Kennebecasis and &y r,bUUi" other slow - flowing waters had to be a priority as compared to sewage flowing into the harbour which has tidal action, and that even though a sewerage treatment project to cover sewage now entering Saint John harbour would be cost - shared with the Federal and Provincial governments it would still mean that a certain portion of it would be added to the load now being carried by the city taxpayers - therefore, we have to set up priorities. Councillor A. Vincent stated that he would like the situation regarding anticipated increased sewage entering the existing sewerage system that would service the Brunswick Square project being treated by a lift station ' looked at, and a report made. Th Mayor advised that an up -dated report of the priorities will be made available to each Council member in this regard by the City Manager. Councillor Cave advised that he understands there is a little hold -up in plumbing inspections. It was confirmed to him that an employee of the City in this particular department had left the City's employ. He stated he would like a report in this matter because this is a position that should be filled. The Mayor ,ROC I/ ON$ replied that we are short - handed in the plumbing inspection section and are trying to fill the position. On motion of Councillor MacGowan ' Seconded by Councillor Cave i /?M42 RESOLVED RESOLVED that as recommended by the City Manager, authority be granted for �M �a payment of the invoice from Chitticks (1962) Ltd. in the amount of $2,238.00 for the rental of equipment to the ch 4�4 ;(a orks Department during the period March 16th to 31st , 1975 • �cC On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that as per the recommendation of the City Manager, approval be given for payment of the invoice from Imperial Industries Limited, in the amount of $2,592.00, for the rental of a trackless sidewalk plough for the month of March, 1975• Councillor MacGowan noted that the above invoice is the third that has been received for rental by the City of the above named plough, and asked if we have negotiated the amount of rentals that have been paid toward �se�yQ, the purchase price of this machine, and how soon the City will own it after such negotiations. Mr. Barfoot replied that the total amount the City has paid for rental on this piece of machinery is $6,66o.00 for the two sc�se S4i1 iC o %LCA 490 Councillor A. Vincent felt that tenders could have been called in the above matter and that they could have been received and opened today, thus creating no delay, as he noted that the letter from Apex Machine Works Ltd. in the matter to the Recreation and Parks Department was dated April 9th, 1975, giving the quotation of cost estimate. Councillor Davis recalled that the City was very careful in its selection of this equipment and hired an out of town consultant engineer from Halifax who was an expert in the matter; the equipment was highly recommended, and he noted that we are now paying the above noted sum of $15,000.00 to repair some • defective equipment. He stated he would like to know if the City has any recourse anywhere and why this equipment should fall apart so fast. Mr. Barfoot advised that the City has looked into this matter and is still pursuing an investigation along these lines, but at the moment what we are most anxious to do is get the system back in operation while the other matter is being pursued. Councillor Higgins noted that the matter is now in the hands of the Legal Department, and that it has been also to the Professional Engineers society, and every avenue is being explored; the fact is that these lights are down and the season is upon us and, according to staff, the only way we can handle the matter now and have it ready for the fastball season is to start with the alternative that is the top - flight one; followed by elec- trical work, and then hope to recover costs. Councillor Davis asked if the Apex firm was recommended by ' the same people who recommended the original equipment. Mr. Nicolle confirmed that the same consultants recommended Apex Machine Works Ltd. as well as the original equipment. He stated that the City staff discussed this matter with the architectural firm and also with some local electrical people and that Apex is a highly respected fabricating firm and engineering firm in this area and, based upon that, the City-staff made the recommendation to the City Manager that we proceed along the lines, as submitted in the City Manager's letter. previous months, and the gross total is $9,252.00 when the above noted invoice amount of $2,592.00 is goes along with the City Manager's recommendation, it will have any bearing on the City making a recovery added in; the total initial cost of the machine is between $10,500.00 and $11,000.00; he would say the of the costs in any way from the company. Mr. Rodgers replied that the only comment he can make with City isigoing to buy'this machine- and-its purchase could be finalized in another month, he would say, • bearing, one way or the other, on the previous problem; he stated he was not in a position at this time as at the current rates the City will have owned that machine. to discuss the previous problem, in Council; with respect to who is recommending Apex, and that sort of A/O Moved in amendment by Councillor A. Vincent ZM Pria /Ides P Seconded by Councillor MacGowan RESOLVED that the Council at the next meeting - however, he was under the impression that some discussion has taken place as per recommendation of the City Manager, Councillor Higgins confirmed that there was such a discussion. He pointed out that what the Council is approval be given for payment of the invoice from Imperial Industries Limited, in the amount of $2,592.00, involved in here is an emergency to get the lights up again, and then the Legal Department and this J for the rental of a trackless sidewalk plough for the month of March, 1975: A(tW17,7$e,, S /llP AND FURTHER that the City purchase the said trackless sidewalk plough for the total amount of In reply to Councillor M. Vincent who asked when the lights will be available for use at wk fraclrl o its purchase price, less the total of the amounts the City has paid for rental of the said machine. I y��bu9� Councillor Green asked if Mr. MacKinnon was satisfied with the performance of the said track- question as to when it was found that this work had to be done, Mr. Nicolle stated that last November and less sidewalk plough over the other sidewalk ploughs. In stating he was quite satisfied at this point in time with the said trackless machine, Mr. MacKinnon explained the advantages this machine offers over the other sidewalk ploughs, such as the Bombardier, and so on, and noted that the majority of the time it has been used by the City as a sidewalk snow blower, blowing the snow to the curb edge and the snow is then removed; this plough is better adapted to the up -town sidewalks than is the Bombardier machine. Mr. Barfoot confirmed that the rental figures the City pays regarding this machine would be applied against its purchase price, and are so being applied. Mr. MacKinnon confirmed that he is satisfied that this ' vehicle would be worth the money that will be paid for it by the City, in the long run. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the City Manager, advising that with regard to the lightsat Shamrock Park which were placed in operation in June, 1972, two cross arms on the Shia r lighting standards failed in October, 1974 and the balance of the lights were taken down while remedial work was investigated and Apex Machine Works Ltd.(a firm that is competent in this work) was contacted to provide plans, specifications and estimates of time and cost to remedy the problem; that this firm has • now submitted plans; specifications and cost estimates of timing, as well as the submitted quotation, and two alternatives are offered (alternative No. 1 involves welding heat treatment and reducing the length of the existing aluminum arms; alternative No. 2 proposes replacing the existing aluminum arms with new galvanized steel arms); that alternative No. 2 has the advantage over alternative No. 1 in both price and timing; that although Apex Machine Works Ltd. have submitted their proposal, the City could, if it so desired, go to public tender, but with the ball season fast approaching, June 1, 1975, the Recreation Department considers the timing to be critical in that this lighted facility is equal to four unlighted sports fields - under normal conditions, the availability of ballfields is unsufficient to meet the total demand, and if this facility were not ready for the 1975 season, it would be impossible to accommodate all regular teams and leagues; that if approved by Council, Apex Machine Works Ltd. is prepared to start immediately and complete the work by May 23rd, 1975 whereas the tendering procedure would add a minimum of one month to this date; and recommending that alternative No. 2 proposed by Apex Machine Works Ltd., ,yJ L e / /fir /fin e in the amount of $8,512.00, be approved and that the said firm be directed to proceed with the work -�/ /x immediately -- be received and filed and the recommendation adopted. ' Mr. Barfoot advised that in submitting the above letter, he inadvertently omitted to mention that there is other work to be done on the said lights in addition to the repair of the cross arms - there is electrical work involved and also the re- erection of the standards; the total cost of all the work there will be in the vicinity of $15,000.00. Councillor A. Vincent felt that tenders could have been called in the above matter and that they could have been received and opened today, thus creating no delay, as he noted that the letter from Apex Machine Works Ltd. in the matter to the Recreation and Parks Department was dated April 9th, 1975, giving the quotation of cost estimate. Councillor Davis recalled that the City was very careful in its selection of this equipment and hired an out of town consultant engineer from Halifax who was an expert in the matter; the equipment was highly recommended, and he noted that we are now paying the above noted sum of $15,000.00 to repair some • defective equipment. He stated he would like to know if the City has any recourse anywhere and why this equipment should fall apart so fast. Mr. Barfoot advised that the City has looked into this matter and is still pursuing an investigation along these lines, but at the moment what we are most anxious to do is get the system back in operation while the other matter is being pursued. Councillor Higgins noted that the matter is now in the hands of the Legal Department, and that it has been also to the Professional Engineers society, and every avenue is being explored; the fact is that these lights are down and the season is upon us and, according to staff, the only way we can handle the matter now and have it ready for the fastball season is to start with the alternative that is the top - flight one; followed by elec- trical work, and then hope to recover costs. Councillor Davis asked if the Apex firm was recommended by ' the same people who recommended the original equipment. Mr. Nicolle confirmed that the same consultants recommended Apex Machine Works Ltd. as well as the original equipment. He stated that the City staff discussed this matter with the architectural firm and also with some local electrical people and that Apex is a highly respected fabricating firm and engineering firm in this area and, based upon that, the City-staff made the recommendation to the City Manager that we proceed along the lines, as submitted in the City Manager's letter. Councillor MacGowan asked for an opinion from the City Solicitor as to whether, if the Council goes along with the City Manager's recommendation, it will have any bearing on the City making a recovery of the costs in any way from the company. Mr. Rodgers replied that the only comment he can make with respect to the over -all problem is that the recommendation that is before Council now does not have any , bearing, one way or the other, on the previous problem; he stated he was not in a position at this time to discuss the previous problem, in Council; with respect to who is recommending Apex, and that sort of thing, he stated he has no knowledge or no information on that; with respect to the information concerning the first problem, he stated he can make an attempt to have some sort of a preliminary background to Council at the next meeting - however, he was under the impression that some discussion has taken place with Council on the problem - not necessarily the cause of the problem, but that there was a problem. Councillor Higgins confirmed that there was such a discussion. He pointed out that what the Council is involved in here is an emergency to get the lights up again, and then the Legal Department and this J Council follow the matter through to find out whether the lighting was underdesigned and who is at fault, and try and recover our costs. He stated that is what he is requesting be done. • In reply to Councillor M. Vincent who asked when the lights will be available for use at Shamrock Park, if the Council accepts either alternative No. 1 or No. 2, Mr. Nicolle replied that we have been promised they will be in operation the first week in June. In reply to Councillor M. Vincent's question as to when it was found that this work had to be done, Mr. Nicolle stated that last November and I • Ro62� � Are�,as user ySee �or�rica /� 1%411e Ano /'OP i`e /d aylriee hi Svct4h Aft ore /yep ft wd me"e • �9'I"ai�?i19� �{es /i�leor�i�/ Zzfepc/ 491 December we had .problems with two cross arms that were failing and falling and at that point we contacted the people who were involved in the original job and attempted to have it rectified through them and we got to the point into the spring where the staff saw it had to make moves itself or the equipment would not be in operation this summer. Councillor M. Vincent asked, taking into consideration the aspects of weather, when would Shamrock Park normally be available for fastball purposes. Mr. Nicolle stated that we normally plan on having the programme in operation the first of June. Councillor M. Vincent noted that if alternative No. 1 is followed there is no way the field can be lighted and available for the first of June because it would take between six and nine weeks to reach the delivery date, whereas if alternative No. 2 is implemented it would take five weeks to have the Park lighted and available which puts us into the first of June. He stated he cannot see any way that it will be possible that this Park will be available for use at the first of June this year. He felt that perhaps we have been tardy in taking action for rectification of this problem before this date, as to having the lighting up and ready for use for the 1975 fastball season commencement. Councillor Green spoke in support of following the recommendation of the City Manager and then pro- ceeding on the legal end of the matter, afterwards. In reply to Councillor A. Vincent's question as to the names of: the architect who designed the lighting that was originally installed, the name and address of the consultants; the name of the general con= tractor, and the name of the electrical contractor, and the name of the electrical contractor we are proposing to use, Mr. Barfoot advised as follows, respectively: Richard Purdy of Saint John; Professional Projects Engin- eering, Ltd. of Halifax, N. S.; Galbraith Construction Ltd.; Robert E. Wallace; the electrical contractor for the new work is being negotiated at the moment - we have not got a firm price, and this part of the work will be reported on next week. When asked by Councillor A. Vincent to whom the staff has been talking among the ele- ctrical contractors regarding doing this new electrical work, Mr. Nicolle advised that the staff has been talking with the previous electrical contractor. Question being taken, the motion was carried with Councillors A. Vincent and Davis voting "nay" On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the letter from the City Manager submitting a report from the Director of Recreation and Parks, which advises of the support of the Department of Recreation and Parks for implementation of the user fee formula that is being recommended to Common Council by the Recreation and Parks Advisory Board and which outlines some concerns felt by the said Department from an operating point of view relative to the implementation of the said recommendation of the said Advisory Board - and advising that he believes that all these concerns are valid and represent good practice in recreational management, and stating that from a general City management point of view, he also must point out that one of the fastest growing areas of the City budget is in recreational services, but with the current inflationary pressure on existing services, the City will have difficulty in getting budgetary approval for increased services unless there are off- setting revenues, and also pointing out that the recoveries covered by user fees relate only to the operating budgets of these facilities - the capital cost of the new rinks, for instance, is being borne entirely by the general tax rate, and amounts to over $150,000.00 per annum for each rink -- be received and filed. On motion of Councillor MacGowan Seconded by Councillor Davis RESOLVED that the joint letter from the City Manager and the Redevelopment Officer, advising that with regard to Common Council resolution of August 29th, 1974 which authorized the Mayor and Common Clerk to execute, on behalf of the City, a formal application to the Provincial and Federal govern- ments for funding of a Neighbourhood Improvement Programme in the South End, this application was approved and the City subsequently received cheques from Central Mortgage and Housing Corporation for $45,000.00 and from New Brunswick Housing Corporation for $11,250.00 as reported previously to Council; that one of the prime requisites for enhancing the success of this Programme, and the Residential Rehabilitation Programme, is the setting up of a field office in the area; that to date the Redevelopment Office personnel have been unsuccessful in obtaining accommodations which could be utilized as a field office; that because of the urgency to set up such office and enable the Programmes to get underway as expeditiously as possible, the Redevelopment Office followed the procedure adopted by contractors and investigated the possibility of acquiring an office trailer to convert to a field office, which field office will be capable of being transferred to sites in future areas where similar programmes are expected to take place, and, in any event, will always be an easily disposable asset; that subsequent to an intensive search for such accommodation, a trailer was located, which it is felt will prove adequate for a field office (40 feet long, 10 feet wide, with heating and plumbing facilities and will provide three individual offices) which can be purchased from Intercity Mobile Sales, Sussex, N. B. for the sum of $5,000.00 and which will enable the City to set it up on a site in the central part of the South End area and to have the field office in operation no later than May lst, 1975; that this purchase has been approved for cost - sharing by the Federal and Provincial governments representatives and it is felt that it will prove prudent to own the trailer outright, as opposed to paying rent for an undetermined length of time -- and requesting the Council's approval for the purchase of the said trailer from Intercity Mobile Sales, Sussex, N. B. for an amount of $5,000.00 to be utilized as a field office by the Redevelopment Office to carry out the Neighbourhood Improve- ment Programme and the Residential Rehabilitation Assistance Programme in the South End - the cost to include delivery of the trailer to the site chosen as the location of the field office -- be received and filed and the request complied with. Councillor A. Vincent noted that there are a lot of trailers for sale by contractors who move in and of the city and who wish to dispose of them after having used them. Mr. Barfoot advised that the recommendation e in the letter from Mr. Buck and himself is for the purchase of a used unit, which met the requirements of office. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the matter be laid on the table for one week and that tenders e called for the purchase of one used trailer unit. Question being taken, the motion to table was lost with Councillors Green, A. Vincent and Pye voting "yea" and the remaining Council members voting "nay ". Councillor Gould asked if $5,000.00 is the best price the City could get for this required trailer, whether it goes to tender or buys it privately. Mr. Barfoot replied that this was the best negotiated price, and the difficulty about going to tender with a used unit is, he is sure, that you would get a wide range of • prices depending on the condition of the vehicle - he would think it would be very difficult to make an ob- jective assessment of a tender on a used vehicle. The Mayor stated that when he was going over the Council agenda this morning with Mr. Barfoot this point came up and he suggested to Mr. Barfoot that there are available, from contractors, at a much reduced price, a regular contractor's office, and Mr. Barfoot assured the Mayor this would be looked into. In reply, Mr. Barfoot stated he looked into it with Mr. R. Thompson and found there was not a suitable unit available and the only thing they could get was a rental unit. He confirmed to Councillor Parfitt that the above named $5,000.00 cost for the recommended purchase is cost - shared with the Federal and Provincial governments through the Neighbourhood Improvement Programme. Councillor A. • Vincent stated he thought that all items regarding cost - shared programmes had to be done through tendering. Mr. Barfoot made negative reply. During further discussion, Councillor A. Vincent stated it is common knowledge that a contractor comes into the area (and there are many contractors who do this) and does a short job and then wishes to dispose of the trailer locally by selling it; he stated there are many such construction trailers around that are being sold for $2,500.00 to $3,000.00 each. He asked who it was that Mr. Thompson talked with in doing the investigating regarding purchase of a trailer unit by the Partnership for use as a field office. The Mayor replied that this matter will be checked into for Councillor A. Vincent, to obtain more detail. The point was made by Councillor MacGowan, and confirmed by Mr. Barfoot, that because staff has been hired for the field office regarding the Neighbourhood Improvement Programme project, it is urgent that an office be supplied immediately. Question being taken, the motion was carried with Councillor A. Vincent voting "nay" On motion of Councillor Kipping Seconded by Councillor Hodges ; RESOLVED that the report from the City Solicitor, which has been laid on the table on April 14th, 1975 submitting information regarding the permitting of lotteries and whether a municipality, particularly the City of Saint John, could become involved in the operation of a lottery scheme, be taken from the table and filed. On motion of Councillor Green Councillor Parfitt made the point that the older generations, who came through a depression and a war, and so on, got the fine buildings we have today - schools, colleges, et cetera - without resorting to lotteries to raise funds. Councillor Green replied that we need more buildings, besides those said Councillor Kipping felt that before the Council would vote in favour of such a motion the Council has to know a little more about whether a lottery is worthwhile in the long run. He stated that some of the questions he would like to have answers on before trying to make a decision on the motion would be: the estimated market, what are the geographical and monetary markets - are we talking of a market relevant to the City, the Province, Canada, or the world? - we have to think about that question particularly in view of existing lotteries. He felt that the Council cannot just rush headlong into a • lottery system, nor does he think the Council should lightly request the Provincial Government to amend the Criminal Code, which was not drawn up lightly, either. From a religious viewpoint, he noted that nearly every religion known taught that large -scale gambling was evil. He felt also ;..that means exist whereby dishonesty in lotteries may be thwarted but the large computer programming, for instance, that is used in the Olympic lottery, is so expensive that they can only be used on a massive scale. He added that he buys the Olympic lottery tickets because he knows that it cannot be tampered with. He felt that the Council should be considering the question of the distribution system, the administration of the lottery, and the operation, and that the City cannot administer and operate the proposed lottery with the present staff. Councillor Green interjected that all those questions can be answered, later. In reply to that comment, Councillor Kipping asked why should the Council request the Provincial Government to go , through the trauma of amending the Criminal Code if the Council is not absolutely positive that it knows the City can handle the lottery once it gets it. He asked if the Council wants to set up another body to administer and operate the lottery, since the present City staff cannot do it. He stated that it is known that there are shysters abroad in the world, waiting to cash in on an opportunity of a lottery, not to mention the criminals, the counterfeiters, the thieves, who abscond with money paid in good faith - he pointed out that these are all hazards which the Council would be letting itself in for if it goes along with such a motion. He stated that the point is, we cannot be big enough with this proposed lottery, and we should not be too small, so we will be in the group where it is most difficult to make it work and be credible and be profitable. He stated he proposes that the Council forget it and concentrate on making , better decisions which will lead, in the long run, to a more prosperous and a happy community. Councillor A. Vincent asked whether the Mayor or the City Solicitor could not confirm that two rovinces in Canada have already had the Criminal Code amended regarding the holding of lotteries - one eing British Columbia, which has a lottery - and Quebec. He added that he understands there is a legal ottery in Antigonish, Nova Scotia, for hospitals. He stated he is wondering if a lottery can be held ere, and if those other provinces did protect their lotteries from these shysters. He stated his uestion is: has the Criminal Code been amended, and can it be amended, for these lotteries. Mr. odgers replied that he is not familiar with other provincial legislation but what he is saying in his bove mentioned report is now the lottery can be set up under the law, and as a result of the City olicitor's letter, Councillor Green is making a motion to permit it possibly in a municipality in New • runswick. He pointed out that the motion also contains the words, "under Provincial control ". He tated he does not believe that examining the other provincial legislation will assist the municipality t this time as to conducting a lottery. Seconded by Councillor Gould RESOLVED that the matter of a lottery scheme for the City of Saint John be added to the agenda of this meeting of Council. On motion of Councillor Green • Seconded by Councillor A. Vincent RESOLVED that the Provincial Government be asked to request 62G V,2� the Federal Government to amend the Criminal Code to permit municipalities to operate and manage lot- roil, tre . Covt phi BOG[ teries under Provincial control over and above the present one hundred dollars limit. Councillor Green stated he has looked into the proposed lottery scheme and has put a lot of mi na/ effort into it on behalf of the City and stated he personally will receive no benefit from this, but he realizes what great benefit can accrue to the citizens of Saint John if we can get a lottery going. He stated he would like to see some of the older people from this city who have spent their whole lives here, and some of the newer residents, gain from the benefit of such a recreational and cultural facility which could be brought into being in the proposed Market Square complex. He stated that, from the people with whom he has been speaking, there is no doubt in his mind that this is a good and worthy project, and he feels that if we do not get underway with a lottery in the city the Province will institute one ' provincially - therefore, a lottery is going to come. He stated his point is that we can help to get the said complex underway by instituting a City lottery. Councillor Parfitt made the point that the older generations, who came through a depression and a war, and so on, got the fine buildings we have today - schools, colleges, et cetera - without resorting to lotteries to raise funds. Councillor Green replied that we need more buildings, besides those said Councillor Kipping felt that before the Council would vote in favour of such a motion the Council has to know a little more about whether a lottery is worthwhile in the long run. He stated that some of the questions he would like to have answers on before trying to make a decision on the motion would be: the estimated market, what are the geographical and monetary markets - are we talking of a market relevant to the City, the Province, Canada, or the world? - we have to think about that question particularly in view of existing lotteries. He felt that the Council cannot just rush headlong into a • lottery system, nor does he think the Council should lightly request the Provincial Government to amend the Criminal Code, which was not drawn up lightly, either. From a religious viewpoint, he noted that nearly every religion known taught that large -scale gambling was evil. He felt also ;..that means exist whereby dishonesty in lotteries may be thwarted but the large computer programming, for instance, that is used in the Olympic lottery, is so expensive that they can only be used on a massive scale. He added that he buys the Olympic lottery tickets because he knows that it cannot be tampered with. He felt that the Council should be considering the question of the distribution system, the administration of the lottery, and the operation, and that the City cannot administer and operate the proposed lottery with the present staff. Councillor Green interjected that all those questions can be answered, later. In reply to that comment, Councillor Kipping asked why should the Council request the Provincial Government to go , through the trauma of amending the Criminal Code if the Council is not absolutely positive that it knows the City can handle the lottery once it gets it. He asked if the Council wants to set up another body to administer and operate the lottery, since the present City staff cannot do it. He stated that it is known that there are shysters abroad in the world, waiting to cash in on an opportunity of a lottery, not to mention the criminals, the counterfeiters, the thieves, who abscond with money paid in good faith - he pointed out that these are all hazards which the Council would be letting itself in for if it goes along with such a motion. He stated that the point is, we cannot be big enough with this proposed lottery, and we should not be too small, so we will be in the group where it is most difficult to make it work and be credible and be profitable. He stated he proposes that the Council forget it and concentrate on making , better decisions which will lead, in the long run, to a more prosperous and a happy community. Councillor A. Vincent asked whether the Mayor or the City Solicitor could not confirm that two rovinces in Canada have already had the Criminal Code amended regarding the holding of lotteries - one eing British Columbia, which has a lottery - and Quebec. He added that he understands there is a legal ottery in Antigonish, Nova Scotia, for hospitals. He stated he is wondering if a lottery can be held ere, and if those other provinces did protect their lotteries from these shysters. He stated his uestion is: has the Criminal Code been amended, and can it be amended, for these lotteries. Mr. odgers replied that he is not familiar with other provincial legislation but what he is saying in his bove mentioned report is now the lottery can be set up under the law, and as a result of the City olicitor's letter, Councillor Green is making a motion to permit it possibly in a municipality in New • runswick. He pointed out that the motion also contains the words, "under Provincial control ". He tated he does not believe that examining the other provincial legislation will assist the municipality t this time as to conducting a lottery. r • 'SeS� /Oh Ar'6/ f pa�io� Bd. fees S.T. col c !�,a�»%cfive 00 / sSOC. / V O.gi -1 L -I-rq . saidivisiA . I ?Y -IQW l/0'�jlsi/7 �esc°iq�iq�e C/ies /ey.St• /vreP20+� %es • 66eaw/ Cdr /e//^ies I��d! 's. 7//B4 Caw"• C9a ,a`' /vt�s off 7(Q— ;ZO311j 40 P /ahrr. ;P1d ro,wm. 493 Question being taken, the motion was carried with Councillors Green, A. Vincent, Cave, Pye, Gould, Hodges, Higgins and M. Vincent voting "yea" and the Mayor and Councillors Davis, MacGowan, Kipping and Parfitt voting "nay ". The Mayor advised that the City Solicitor has asked that the item regarding fees of members of the Arbitration Board (regarding dismissal of Probationary Constables) that is on the open session of the agenda of this meeting, be placed on the section of the agenda in legal session, because of other information he has available. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the above noted request of the City Solicitor be acceded to. Mr. Rodgers explained that he was recommending the above named item for legal session not with respect the second legal opinion but with respect to the situation - whatever the second opinion is. Councillor dges noted that the Act says that the City Solicitor is right in the opinion he gave, and stated he does not e the reason why the item should go to legal session. Mr. Rodgers replied that he thinks we are talking about re than just the taxing of fees in this matter - it goes beyond that - it goes beyond the question that it nt to the Supreme Court of Canada and that the Supreme Court of Canada even tried to duck the issue - and for at reason, he would like to discuss the matter in legal session. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor, to whom had been referred amendments to the Subdivision By -Law for drafting into the necessary by -law amendment, submitting a amendment to the said by -law in this regard, be received and filed:- AND FURTHER that the by -law entitled, "A By -Law to Amend A By -Law to Regulate the Subdivision of Land thin The City of Saint John ", be read a first time. Read a first time the by -law entitled, "A By -Law to Amend A By -Law to Regulate the Subdivision of Land thin The City of Saint John ". On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the by -law entitled, "A By -Law to Amend A By -Law to Regulate Subdivision of Land Within The City of Saint John ", be read a second time. Read a second time the by -law entitled, "A By -Law to Amend A By -Law to Regulate the Subdivision of Within The City of Saint John ". On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that the letter from the Redevelopment Officer, advising that ubsequent to Common Council resolution of February 4th, 1974 (which gave Council approval for the acquisition f properties F- 11- 13- 5,7,8,10,11,12 and 14 on Chesley Street from General Bakeries Limited, and that compensation or these properties had been agreed at the appraised value of $28,500.00 plus 5% interest from the date of xpropriation - $4,512.50 - plus appraised costs to the owner of $150.00 for a total figure of $33,162.50; the ompany had agreed to purchase back from the City an area of land to provide a private access to its plant, plus n area large enough for the necessary vehicular manoeuvres required by its transport trucks in the on -going of is business, for a figure of $10,818.00), and agreement with the owner, a survey was carried out of the area nvolved and it was discovered that the area of land to be purchased back by the said Company was actually 7,660 square feet, and not 18,030 square feet as originally estimated, and stating that because of this change nd the added interest involved, the Council's rescinding of the said February 4th, 1974 resolution is required nd the Council's approval of the acquisition of the said properties is required, as follows: - roperties to be acquired (F- 11 -13- 5,7,8,10,11,12,14) $ 28,500.00 % Interest from Date of Expropriation to Date of Payment, December 2, 1970 to April 30, 1975 (1,611 days at $3.90 per day) 6,282.90 wner's Appraisal Costs 150.00 $ 34,932.90 arcel of Land to be sold to General Bakeries at pro rata cost 10,596.00 $ 24,336.90 the approval of the Partnership for this acquisition having been acknowledged -- be received and filed and the aid requests complied with, for rescinding of the said motion and approval of the said acquisition, as above. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that two items pertaining to the Saint John Housing Commission be to the agenda of this meeting of Council. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from Mrs. B. E. Shaw, Co- Ordinator, Saint Tohn Housing Commission, advising that inasmuch as the Commission no longer finds it feasible to use the five Lots adjacent to Thornbrough Street for Section 15 (1) National Housing Act development according to its ex- ,ension of reservation of that land under Council resolution of February 17th, 1975, the Commission wishes the ,ouncil to consider an alternate proposal which has come from Caldo Ltd. and which suggests placing five two - °amily housing units upon these five lots, and further advising that because the zoning presently allows single- - °amily homes, the Commission asks that the Council change the zoning to permit construction of the said units Thich the Municipal Planning Director advises (R " -2" classification) will bring these lots up to the same class if zoning as the properties on the said Street itself, and also asking that in order to expedite the construction, ;he Council allow for advertising while awaiting a report from the Planning Advisory Committee, be received and :he re- zoning application be referred to the Planning Advisory Committee for a recommendation, and that authority )e given to advertise the said proposed re- zoning. )?V$ n/levl byC ,C.O.Aprzg,19%5_0?5Yo2,760,b0V In reply to Councillor Davis' question as t why the above noted lots should be sold to Caldo Ltd. and Thy the land should not be advertised for sale, Councillor A. Vincent, a member of the Housing Commission, advised that the Housing Commission did advertise it for proposals and the only reply received was that of Caldo ,td. He added that the Commission in addition to Caldo's bid had a proposal to put twenty -four housing units on ( m this land but the Planning Advisory Committee says it cannot be done. Councillor MacGowan recalled that at the meeting of Common Council held on April 14th last, the • request made by the Saint John Housing Commission for the Council to allow the Commission to assume management and control of the Cedar Point Trailer Park by way of lease for one year, was laid on the table until the Council would receive further information. She advised that Councillor A. Vincent, who had requested such further information, received his information today in this matter, and the rental would be the annual cost of amortization of the capital expenditure by the City. She stated that Coun- cillor A. Vincent and she, who are members of the said Commission, are now requesting that the Commission's request be complied with. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the Saint John Housing Commission be allowed to assume management control of the Cedar Point Trailer Park by way of lease for one year. Councillor MacGowan explained that the above management control arrangement of the said Park is not for expansion of the Park, but just management of the present Park. She stated that the Commission feels it would be to the advantage of both the Commission and the City if the Commission had control of this Park and make it a paying proposition, which is not the case at present. Councillor Gould asked if it is known what the increase in the mobile home pad fees will be. Councillor A. Vincent replied that ' the Commission does not know, because all the pads are leased and no vacant ones are available at present; there are two fees for these pads at present and the Commission understands that the City is losing about - - $8,000.00 per year on the operation of this Park, and the Commission feels it would like to have some- thing to do and it will probably make the Park a paying basis. Councillor Gould asked, if the City is losing $8,000.00 at present, how many pads are at the Park now. Mrs. B. Shaw, Co- Ordinator for the said Commission, advised that there are 77 pads. Councillor Gould calculated that this would mean a rough increase of $100.00 per year in each pad rental fee. Mrs. Shaw replied that the Commission has not had any discussion about this matter at the present time. Councillor A. Vincent pointed out that another way of offsetting that $8,000.00 annual loss is to put more pads in the Park. Councillor Gould stated that what he is pointing out is that he does not know if • making this Park a paying proposition can really be done, and that he thinks the pad fees would be extravagant, to say the least; this could not be proven until the Commission would produce the evidence, he added. Councillor Green stated he does not feel that the Housing Commission should get into the operation of a mobile home park which is administered by the City staff, and he feels it is administered quite efficiently by the City staff; in addition, he feels that if you want to make this Park pay it can be done by increasing the pad fees and so on but he feels that if we do so we are putting a heavy burden on the residents of this Park. He stated he is supporting the Housing Commission to get out and get all the lots it can to bring in housing but not to assume the operation of the mobile home park - he feels the Commission should stay out of that end of it and he therefore cannot support the above motion. Councillor Parfitt noted that the City has invested over $200,000.00 in the 78 pads in the ' Cedar Point Trailer Park, and stated she is not too sure why the City cannot still retain control of this Park, and if the Council is a policy- making body why cannot the Council say, if it wants to recover some of the losses, it will do so by increasing the pad fees. She felt that the people at the Park would accept increased fees, in this day of escalating costs. Mr. Barfoot stated that as he interprets the report, the Housing Commission was to take over the management of the Park and then carry on with the City staff to administer it. He stated that, to his mind, he cannot see the advantage of this proposal; he thinks if it was desired to make the Park a paying proposition then, indeed, the rentals could be raised by the City or to do any other work - and to involve a further level of administration of this Park operation it seems to him not to be in the best interests of an efficient operation. Councillor A. Vincent in reply, commented that the City has a Housing Commission and it has nothing to do - what is it there for? Councillor Higgins stated he is delighted that we have a Housing Commission but he thinks it is quite obvious there is some confusion here. He stated he would like to have a dialogue with the members • of the Housing Commission, or Mrs. Shaw, at next week's meeting because he would like to justify what is the advantage of this or what is the disadvantage or the advantage of the City retaining the control of the Park operation, and what does the proposed one year trial mean. He felt that he could not vote for or against the above motion at the present time, to be fair to his fellow Council members or to the taxpayers. Noting that the problem is - what is the Housing Commission supposed to do, Councillor Davis felt that the Council has to determine whether it is the right thing to do, to have the said Commission manage this Park as proposed, and if it is the right thing to do, we should do it; if the Commission is just looking for something to do, this is not the right action to take. On motion of Councillor Higgins ' ew6wj" �Pep/ ht Seconded by Councillor Gould 77-,W /0i.*, A ;vPk RESOLVED that the above matter be laid on the table for obe week pCmPn /_ and the Saint John Housing Commission or its representative enter into a meaningful dialogue on the role M°7T°�lj of the said Commission, as a "teach -in" for the Common Council, and specifically with regard to the Cedar .i /yDteS /H9 Point Trailer Park. COM>'+� /SS /Ol7 Question being taken, the motion to table was carried. Councillor Gould asked for an up -to- date financial statement of the Cedar Point Trailer Park operation for the meeting to be held with the Housing Commission representatives. The Mayor replied that it will be provided. - _1 Councillor A. Vincent asked if the City Solicitor could tell the Council where the Commission's new company stands, because under the amendment to the National Housing Act (15 -1) low -cost money can be obtained for the City through the Federal government. He stated that it is very important that this C. company be established for this purpose. Mr. Rodgers replied that the application for incorporation has /ay/ •O finally been approved by Central Mortgage and Housing Corporation in Ottawa and the application together SJ O / C/ with the $50.00 fee has been forwarded directly to the Registrar of Companies in Fredericton about a week. He stated that is the latest he knows about this matter, and he can follow up on it. On motion of Councillor Higgins . Adv/s• Seconded by Councillor Gould /Q/'eha S RESOLVED that the report from the Recreation and Parks Advisory //►► Board, submitting a report from a sub - committee of the Board on the subject of arena rentals and advising %L�/, AeS that at a regular meeting of the Board held on April 1st, 1975, the Board discussed the information -JPorm 6C 47 ,_ I r 495 On motion of Councillor Kipping Seconded by Councillor Pye RESOLVED that the letter from Councillor Pye, Chairman of the Market Com- mittee, advising that at a recent meeting of the Market Committee it was decided to request the Council's • permission to remove the Radio Station C.F.B.C. sign (measuring approximately 14 feet by 7 feet) which adorns the eastern exit of the City Market, and that it is the unanimous opinion of the said Committee that the sign in question, which affords a rental of $50.00 per annum, detracts from the atmosphere of antiquity which should prevail throughout this historic site, be received and filed and the said lease for the said sign be permitted Ito expire. �nr���d-'�faa�L��-ss i�C-.JJ.0 '5t y," i�i%Ibl/e3l l%i0" %Bd� Siia�,roB�C T�eal� .Ct�E Councillor Pye advised that he has been informed by Mr. A. Wilson of the Finance Department of the City that the above mentioned lease expires on April 30th, 1975, and that he told Mr. Wilson to accept no new monies until this matter was settled by Council. Councillor Higgins had raised the question of whether there is any kind of legal complication involved in the matter, as to whether there is a long -term lease regarding the said sign. Councillor Gould asked if this matter is one of policy decision or just a case of renting space and the Market Committee no longer wishing to rent it, and he suggested that perhaps the matter should not be before Council, at all. He asked the City Solicitor for an opinion as to what prerogative the Market Committee has to take action in this matter without bringing it to Council for a decision. In reply, Mr. Rodgers stated he would have to check the wording of the Market By -Law in order to answer this question. On motion of Councillor Cave Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table and the City Solicitor be asked to advise the Council on the proposed termination of the said lease for a sign, and on the prerogative of the Market Committee to act in this matter independent of a Council decision. Question being taken, the motion to table was carried with Councillors Pye and Kipping voting "nay" On motion of Councillor Cave Seconded by Councillor Davis RESOLVED that the letter from the Planning Advisory Committee, dated April 15th, 1974, submitting a plan of the proposed Highmeadow Park development, Phase II, showing the proposed back - to -back townhouses, and also submitting for the information of Council excerpts from the National Building Code pertinent to exists from floor areas of buildings, and advising that the new 1975 National Building Code, which the City has not yet adopted, contains only a minor change in the wording relative to such provisions; and advising that without attempting in any way to interpret these regulations, one would have to assume that it is on the strength of these provisions that the City allowed the back -to -back townhouses which now exist at Leigh- contained in the report from the said sub - committee and endorsed unanimously the recommendations contained therein and trusts that the Common Council will support their implementation, be received and filed and the • recommendations contained in the said report of the sub - committee of the Recreation and Parks Advisory Board, dated April 18th, 1975, defining prime time and non -prime time and setting a formula of user fees for City arenas, and recommending that these programmes be closely monitored, in respect to user fee implementation, for the purpose of evaluation in the spring of 1976 -- be received and filed and the said recommendations adopted. Councillor A. Vincent stated he understands that there is a group of people who are almost opposite in their views to what the Recreation and Parks Advisory Board is recommending regarding arena user fees, and he felt that, in fairness, the matter should be tabled until that group can be heard by Council. On motion of Councillor A. Vincent ' Seconded by Councillor Hodges RESOLVED that the above matter be laid on the table until the opponents of the said arena user fees have an opportunity to be heard. Question being taken, the motion to table was lost with the Mayor and Councillors A. Vincent, Hodges, Pye, Green and Cave voting "yea" and Councillors Kipping, Davis, MacGowan, Higgins, Gould, Parfitt and M. Vincent voting "nay ". ' The Mayor explained that the other group, who oppose the proposed user fees, are the people who have been running the teams and they have asked him if the Council could hold off putting the subject on its agenda prior to them having a chance to speak to Council; they felt that one side has been heard, and the other side has not been heard. He stated that he told them it would not be put on the agenda, but he agreed with Deputy Mayor Higgins, who has worked very hard on this committee, that the item should be on the agenda in the end, but that the Deputy Mayor could move it. The Mayor stated that all he asks is that the matter be tabled in time for someone to be given a chance to come forward - and they are going to, as a group - to speak to Council. Councillor Kipping felt that there is nothing to preclude the group from doing so, as all the Council is doing, in adopting the proposed motion, is reaffirming a policy which was established by the previous Council in 1974 and which therefore has already been policy and it does not really change the situation. He added that there is nothing to preclude a group which supports the policy from coming before Council in the matter, as well. • Councillor Higgins advised that one of the heads of the Minor Hockey group at a meeting about two weeks ago - and this was over a period of many months, and even years - suggested to him that he would like to know who is responsible for the implementation of this policy, et cetera, and he replied that it is the Common Council and that under a Council directive of April lst, 1974 the Council, with the building of the new rinks, said that regarding adults the costs shall be fully recoverable and others shall cost -share and it was recom- mended that the Recreation and Parks Advisory Board - which is made up of ninety per cent of a cross - section of the citizens of this city - made a recommendation to Council. He stated he thinks it is only fair that if any blame or comment is to be made it should be made to the City of Saint John, and this one person asked him if the Council would state the policy. He stated he thinks that once the policy is made the Council can receive delegations to change, rescind, review, look at, and what have you. He assured the Council members that this subject of user fees is not something that is being slipped through - it has gone on, and has been the subject of discussion, for many hours, on many days, months and years, and there have been letters on file with the said Board that if we ever went out and started to build three million dollars worth of rinks we will cost - share. He ' felt that consideration should be given to give them at least an argument that they can come and say they are arguing against this fact to the Common Council - rather than saying they are not quite sure but they hear, and this is what they think, about the proposal. He stated that all he is asking is that the Council make a decision /7p'@�P7c7S regarding the recommendations. Lt��pq �ap�s- Question being taken, the motion was carried with the Mayor and Councillor A. Vincent voting "nay ". Councillor Vincent stated he would like to have the right to be heard in this matter, and then he can be voted f bY'�7Gt /c� down. On motion of Councillor Kipping Seconded by Councillor Pye RESOLVED that the letter from Councillor Pye, Chairman of the Market Com- mittee, advising that at a recent meeting of the Market Committee it was decided to request the Council's • permission to remove the Radio Station C.F.B.C. sign (measuring approximately 14 feet by 7 feet) which adorns the eastern exit of the City Market, and that it is the unanimous opinion of the said Committee that the sign in question, which affords a rental of $50.00 per annum, detracts from the atmosphere of antiquity which should prevail throughout this historic site, be received and filed and the said lease for the said sign be permitted Ito expire. �nr���d-'�faa�L��-ss i�C-.JJ.0 '5t y," i�i%Ibl/e3l l%i0" %Bd� Siia�,roB�C T�eal� .Ct�E Councillor Pye advised that he has been informed by Mr. A. Wilson of the Finance Department of the City that the above mentioned lease expires on April 30th, 1975, and that he told Mr. Wilson to accept no new monies until this matter was settled by Council. Councillor Higgins had raised the question of whether there is any kind of legal complication involved in the matter, as to whether there is a long -term lease regarding the said sign. Councillor Gould asked if this matter is one of policy decision or just a case of renting space and the Market Committee no longer wishing to rent it, and he suggested that perhaps the matter should not be before Council, at all. He asked the City Solicitor for an opinion as to what prerogative the Market Committee has to take action in this matter without bringing it to Council for a decision. In reply, Mr. Rodgers stated he would have to check the wording of the Market By -Law in order to answer this question. On motion of Councillor Cave Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table and the City Solicitor be asked to advise the Council on the proposed termination of the said lease for a sign, and on the prerogative of the Market Committee to act in this matter independent of a Council decision. Question being taken, the motion to table was carried with Councillors Pye and Kipping voting "nay" On motion of Councillor Cave Seconded by Councillor Davis RESOLVED that the letter from the Planning Advisory Committee, dated April 15th, 1974, submitting a plan of the proposed Highmeadow Park development, Phase II, showing the proposed back - to -back townhouses, and also submitting for the information of Council excerpts from the National Building Code pertinent to exists from floor areas of buildings, and advising that the new 1975 National Building Code, which the City has not yet adopted, contains only a minor change in the wording relative to such provisions; and advising that without attempting in any way to interpret these regulations, one would have to assume that it is on the strength of these provisions that the City allowed the back -to -back townhouses which now exist at Leigh- 496 CSC p(• o h -tab /e 6eloo) rqn• 15 aAC4 ) -'X /�S 1n 6a llwt% ys C.i�iPS of N• B. Can, Few.16yon4 le'" ns_ 4401`iona /ifesem Coa.nC/I /Val %ohm/ .B /d9. Code a1417enO�iri e nt W"? meadoui rk, %fusel Shamr�ee ��� �PSO�c� %0�7 ✓7i %B6� i C',C.O. ✓IJar. /, /976 7 �voir 73i L'iy%/C� L y�o �J'� -ram (. pMM /'ice .�eawz� %�I ca�ioh � Civil. i�rove- Cap side Park; that the question of whether the City's Building By -Law should, or could, be amended to provide a regulation other than that contained in the National Building Code would require a staff review • and a report from the City Manager; that the submitted plan of the said proposed development shows the area for play or recreation to be implemented by the developer; that Section 101 of the Community Planning Act provides that, where any developer proposes to establish conditions for a development that are additional to those required by the Zoning By -Law, the Council may enter into an agreement with the developer to assure the performance of the said conditions - this agreement can be made binding on any subsequent owner of the land to which the agreement pertains until discharged by the City -- be received and filed and as recommended in the Committee's letter dated April 3rd, 1975, the Common Council resolution of June 25th, 1973 be varied with respect to Highmeadow Park development to permit development of Phase II in accordance with the plans submitted by Shamrock Realty Ltd. Councillor MacGowan advised of her intention to vote against the above motion, because this ' ouncil took the matter of one exit in buildings to The Cities of New Brunswick, and that organization in urn had the subject on the agenda of the Canadian Federation of Mayors and Municipalities conference of 974; on checking the matter with the Common Clerk she was told that the Mayors and Municipalities organ =z:.t. nation at that time referred the matter to the National Research Council, so we are waiting for action, he noted. She felt that if the Council goes along with the building of homes with one exit, she does not now why the Council would even think it is necessary to take the matter to the national level. Councillor A. Vincent referred to the reference in the Planning Advisory Committee's letter of April 15th, 1974 to Sections 9,3,7,4 of the National Building Code - they have not been adopted by the Council, he pointed out, and he felt that the Council therefore should not deal with this matter until after it decides to adopt that new amendment to the National Building Code. On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that the above matter be laid on the table for one more and that the Common Council decide whether or not it wishes to adopt the new amendment to the Nat - Building Code as contained in the 1975 National Building Code. Councillor A. Vincent stated he feels that the Council members should be supplied with certified s of the said Code with their Council kits and deal with the matter next week, to give the Council rs time to study the said Code. He stated that he understands that, to make the National Building law - and he asked that the City Solicitor maybe could give the Council a written opinion on this ion next week - that the Common Council has to adopt every amendment to the Code, or it is not law. Question being taken, the motion to table was carried with Councillors Davis, Green and Cave ing "nay ". On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Civic Improvement and Beautification Committee submitting estimates for proposed projects of the Committee during 1975 for consideration by the Capital Budget Committee, and stating that while the Committee realized that it will be impossible to undertake all the proposed projects this year, the Committee hopes that long -range planning for a pro- gramme of civic improvement and beautification will be undertaken, be sent to the Capital Budget Com- mittee. On motion of Councillor Gould Seconded by Councillor Hodges fort laTur RESOLVED that the letter from the Fort La Tour Development Authority, requesting that the Common Council consider the appointment of a successor to Mr. D. Gordon Willet, Q. C., whose death has left a vacancy on the Authority, be referred to the Nominating Committee. Aw�1or; ty (b7G'dJ/7C Councillor Kipping stated he thinks that the Nominating Committee sometimes probably does not Nom�n ny�u►r get enough in -put from the general citizenry, and he therefore suggested that citizens wishing to propose names of possible appointees, not only to the above named Authority but to other City bodies, be invited to contact any member of Council who will pass on the names that are suggested in this way, to the Nomin- ating Committee for consideration - he added that this would not constitute guarantees for appointment, by any means. Councillor Davis suggested that a biography of the persons whose names are submitted in this n /np suggested way, be also submitted together with the names. The Mayor noted that the Nominating Committee has been receiving names of nominees for some time through the said procedure referred to by Councillor procedure I^e Kipping, and he assured Councillor Kipping that the Nominating Committee is receiving enough names for nOM %/7PeS nominees. On motion of Councillor Gould Seconded by Councillor Green Own. e RESOLVED that the letter from Councillor MacGowan, advising that a Own. Age v � petition that was before Common Council on November 19th, 1973 from residents of Hayes Avenue, Saint John ,%,Zr -e/On /+e West, requested that the Council have the dangerous turn on Hayes Avenue removed and that the road be �(aye S 19ve• widened at this point, and that by resolution, the Council referred this request to the City staff for a da�i� % OuS Z GGIn report, and that as no report has been forthcoming, the residents are requesting that this said request be IV end considered and included in the 1975 Capital Budget, be referred to the Capital Budget Committee and that /JGG ` 4e1 the requested work be considered in the capital budget. c a/ Ze✓ O Mr. Barfoot advised that the above mentioned work for Hayes Avenue was considered in the 1974 capital budget and it was deferred because there was not any money available for the work. On motion of Councillor M. Vincent _ Seconded by Councillor Gould RESOLVED that the application of Mr. Timothy Isaac, submitted by Mr. � (r. Harry G. Colwell, his solicitor, for the re- zoning of Lot 5 in the Island View Heights Sub - division to Cr permit the expansion of the existing building thereon from its present two - family use to use as both Q Lf/e ll business (antique furniture display area) and residence, be referred to the Planning Advisory Committee ReZb/7 /I'! Y for a recommendation and that authority be granted to advertise the said proposed re- zoning. IWW, 4`rae v, Councillor Green advised of his intention to vote against the above motion because the proposed c. 0�7JM• re- zoning would be putting a light commorC :ial industry such as the industry in question into one of the most beautiful housing areas in this city, and he does not think it is fair to do so. 0 • r • Comm. .T.D T r iln 1-6d. P� tf2o /P7M- loClrup f/ieaN ee /ae6c of tore y�Qcy C,0, 3eAl 4�7 Question being taken, the motion was carried with Councillors Green and Davis voting "nay" On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that the application from Mr. R. E. Jowett, requesting the re- zoning of Lot 2, of the F. B. White Sub - division, to permit the construction of dwellings thereon, be referred ,to the Planning Advisory Committee for a recommendation and that authority be given to advertise the said proposed re- zoning. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that the application from J. D. Irving Limited for the re- zoning of Lots 1A, 1, 2, 2A, 3, 4, 5, and 8 in Block 4 and Lots 13 and 14 in Block 1 of the Highlands of Lancaster, Milford, Saint John West, on Balmoral Crescent, for the building thereon of duplex housing units with private driveways on each side, for rental, be referred to the Planning Advisory Committee for a recommendation, and authority be granted to advertise the said proposed re- zoning. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the application from J. D. Irving Limited for the re- zoning of Lots 19, 19A, 20, 20A, 21, 21A and 22 in Block 3 and Lots 9, 10, 11, 12, 13, and 14 in Block 4 in the Highlands of Lancaster, Milford, Saint John West, on Greenock Drive, for the building thereon of duplex housing units with private driveways on each side, for rental, be referred to the Planning Advisory Committee for a recommendation, and authority be granted to advertise the said proposed re- zoning: AND FURTHER that the application from J. D. Irving Limited for the re- zoning of Lots 15, 16, 17 and 18 in Block 1 of the Highlands of Lancaster, Milford, Saint John West, on Russell Hill Road, for the building thereon of duplex housing units with private driveways on each side, for rental, be referred to the Planning Advisory Committee for a recommendation, and authority be granted to advertise the said proposed re- zoning. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from the Saint John Defence Lawyers Conference urging that the City of Saint John take such action as may be needed to rectify the situation that the in- terview cells at the lockup of the Saint John Police Department in the City of Saint John are completely inadequate and do not afford the proper degree of privacy to persons, who are charged with an offence or who are under arrest, being allowed to confer with counsel without their conversations being overheard so that persons being held in custody may have interviews in privacy with their counsel - be referred to the (proper City staff for a report back to the next meeting of Council. The Common Clerk advised that letters have been received from Mr. Alan E. Kelly of Rothesay, N. B., Mr. C. M. DeLong of Rothesay, N.B., Mrs. Agnes Keating and Mr. Ronald R. Northrup of 604 Westmorland Road, Saint John East, in addition to the following letters, (copies of which have been provided to the Council members) namely:- from Mrs. C. J. Grant of Saint John, Joyce Thibault, Mr. Albert Mitton, Mr. Arthur J. Frauley of 14 Beverly,Drive, Saint John East, Mr. Vinton F. Bishop of Westfield, N. B., Mr. Earl B. Campbell of Saint ,John, Mr. Ross E. Little, Mr. Robert M. Sweet, and Mr. R. S. Myra -- all of which offer protest to the increase to $15.00 monthly from the present $9.00 monthly rate (which was increased from $7.00 just a few months ago) for parking in the City -owned parking lots on Dock and George Streets, on Drury Lane and in the Brent parking ,lot, and which request that this increased rental be adjusted downward. The letters noted that the increase in rentals was brought about by the Saint John Parking Commission. /ZIP i�p'n Councillor Kipping stated that he wished to represent viewpoints that have been expressed to him in fJ �r4c ome rather strong terms since the above noted rental increase was announced: with reference to his proposed ✓f_1 motion, made at this time, which Councillor Pye seconded - that the increases be postponed until changes in the entire parking situation now being considered are implemented - Councillor Kipping stated that at the same time R�pvs3- �`�i �E/ e he made such proposed motion he realized that the parking fees in Saint John are less than any city of near or • 1106�/1E�. comparable size in the Atlantic provinces, but the question that arises is - are the facilities comparable? He �� e� stated he hears stores of unauthorized cars not being towed away when requested, of unpaved lots - and many M seem to be unpaved although he believes that the tenants all pay the same 'rate - not being graded but left �•-S �'/ M bumpy, uneven and muddy, nd he hears also of late and inadequate snow clearing Y, , q g -- generally unsatisfactory conditions for car owners for whom it is important to have their cars down -town, and who are lucky ( ?) enough to have been able to get a parking space, but they are entitled to comparable value for comparable fees. He felt they are also entitled to a little warning that an increase in parking fees is coming, but that this is just another example of our lack of City public relations. Mr. Barfoot advised that the decision to increase the rental fees in question was entirely that of ' the Saint John Parking Commission, which is part of the Commission's administrative responsibilities, and the City staff had no recommendation on this matter. At this time, Councillor Kipping, with the consent of Councillor Hodges, withdrew the above proposed motion. �O�S i*207L� On motion of Councillor Davis /i7Ci' NdS� Seconded by Councillor Higgins RESOLVED that the Saint John Parking Commission be asked to bring in a report to Common Council, justifying the recent increase in rental fees for parking in City -owned parking lots. Comm, Councillor Green, a member of the Saint John Parking Commission, explained that the Commission felt justified in making the increase in the parking fees, the rates for the parking lots of the City having been very low. v& Consideration was given to the letter from Mr. Gordon Henderson and staff, of Dean's Stall in the e/'de�SO/b City Market, advising that they feel that the canopy in the Market should be allowed to remain due to the fact g� that dust particles and other foreign objects may collect on the meat that is displayed and could cause health (m� .!/ problems to the customers, and recalling that the former Board of Health asked to have the canopy installed due •yet to the health factor involved. - 5 �dll Councillor Pye, chairman of the Market Committee, replied that with reference to a supposed decision Ccih Of%� by the Board of Health which resulted in the erection of the canopy n question, he py q got in touch with the man who was supposedly responsible for that action (Mr. Brophy of the Board of Health) and he told Councillor Pye that he had no objection to that canopy being removed, and he said that when he agreed to it he was of the L, 498 opinion that many pigeons were flying about the Market. Councillor Pye noted that it is rarely that there is a pigeon in the Market, and if this occurs it is promptly made to go out again. Councillor Pye stated that as far as dust is concerned, there is no more dust in the Market than there is in any average est- • ablishment after you sweep, and the sweeping is done at night there and the perishable commodities should be covered, which is a normal procedure. He pointed out that the Market Committee made a decision re- garding the removal of the partitions and canopies, and brought it to Council and the Council approved of the Committee's decision. He added that the Market Committee has studied the situation very carefully and has been waiting patiently for Mr. Henderson to remove this canopy; the Market Committee has made its decision and wants that canopy down. Councillor MacGowan stated that from a personal inspection of Mr. Henderson's stall she noted that it is a fairly expensive canopy and his lights are included in it - those that come down to display his merchandise. She felt that if he will only have top lights by removing the canopy, this will not display his produce to the same advantage that the present lights afford. She , suggested that all the Council members view this location, and that perhaps they could then make a wiser decision regarding Mr. Henderson's request. Recalling that Councillor Cave had noticed a half -inch of dirt on the canopy, Councillor Davis felt that a canopy is needed but it should be kept clean, and that if the owner cannot keep it clean then the.,canopy should come down, and if the stall holder needs additional lighting it can be installed at no problem. He added that in no way should there be that much filth over the meat that is on display. Councillor Cave stated that at the request of Mr. Henderson he looked at the canopy in question, and,he also looked at some of the other stalls that have covers. He stated it is questionable what would have happened to the foodstuffs if they had not been covered up. He stated it is his opinion that the Department of Health should go in there, and that there should be all canopies there rather than dismantle those that are now there. He stated that as far as he is concerned, the present canopies will not come down, and there should be more of them put up if they protect the foodstuffs. Councillor Pye advised that only two canopies remain: that of Vern's Bake Shop and Dean's Stall - everyone else removed the backings without question; the City will have to pay to replace the backings that have been removed - this would defeat the intent of having them removed, in the first place. r n1 Z-o7/ On motion of Councillor Higgins 44et�S 1 Seconded by Councillor MacGowan • L" RESOLVED that the above matter be laid on the table for one week Cah op i e s to give the Council members an opportunity to view the canopies, or lack of canopies, in the City Market. Question being taken, the motion to table was carried with Councillor Pye voting "nay ". On motion of Councillor Kipping Seconded by Councillor Cave RESOLVED that the letter from Mr. David S. Badger of 2418 Ocean S '6L Westway, Saint John West, in protest of the placing of trailers on property beside his property and across % 4,pRe5 the road from his property, advising that this is supposed to be a residential area, not a trailer park, and that this depreciates the value of the property in this area, be referred to the City staff for a report to the next meeting of Council on the statements made by Mr. Badger, and on the general situation. ' :,Ancmmtion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the items concerning the Bricklin car, and the former Seamen's Mission property on Prince William Street, that are being introduced by Councillor A. Vincent, be placed on the agenda of this meeting, in open session. Councillor A. Vincent stated that it has been brought to his attention that two Bricklin cars being driven in this area without license plates other than delaers plates and they are not required pay fees at parking meters, and they are not paying any tickets that have been issued. He stated that the Chief of Police wishes to speak to him privately, he will tell him the name of the Police Depart - t constable who issued the tickets, and that he wants the Chief of Police to investigate and report k how these two cars can have a dealer's license plate when there is no dealer in New Brunswick for s car. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the Chief of Police be instructed to investigate and report back to Council as to how two Bricklin cars that are being driven in this area can have just a (:'7 dealer's license on them when there is no dealer for the said cars in New Brunswick. Councillor A. Vincent added that if the said cars park at parking.meters they should be made to P /mss ay the parking meter fees. , On motion of Councillor A. Vincent Seconded by Councillor Green H a_ /p C� RESOLVED that the Common Council call public tenders forthwith for / airs 'G he demolition of the City -owned buildings on Prince William Street, civic numbers 150 -160 (the former -De~11re / DI'! Seamen's Mission building and the property adjoining that building), and that the said buildings be 17%, 1414W demolished. ' (o Councillor A. Vincent stated that the Mayor viewed these properties with him today, and two ther Councillors viewed them with him, on a previous occasion, and he noted that vagrants are sleeping in — hese properties at night and the buildings are not boarded up, there is no roof on one of the buildings artly, and he is afraid that if something happens in these buildings someone is going to be killed, or hat the City will lose a fireman or equipment if a fire should occur there. Mr. Barfoot reminded that the Council had an enquiry from the Saint John Theatre group request - ng to rent this building. He stated that the City had an up -to -date inspection and estimate made of the ost of repairs to the Seamen's Mission building and the repairs are very costly. He added that the conomic Co- Ordinator was in the process of arranging a meeting with this group to see if they were aware f this when they made the request. He stated that he expects to have a report to the next meeting of • ouncil on this matter. Councillor Gould felt that if that building is in such a bad condition, it is a owder that the City's Building Inspector had not made a recommendation in regard to its condition and for is demolition. Councillor A. Vincent, in reply, explained the reason that was not done was that the City as trying to sell the property to the Federal Government as part of that whole block. He stated that I '499 this property is in terrible condition and it is not safe and he would invite the Council members to inspect it for themselves. Councillor Kipping felt that if this building is in such a poor condition it should not be on • the opinion of the Council members as to whether it should be demolished, but it should be on an official report from the Building Inspector's office, on which the Council should act. He stated that in view of the information provided by the City Manager regarding the request for use of this building and the fact that the Council must answer that, he thinks the Council had better hold back on a motion like the above motion and not act on such a motion until the Council can answer that request, which should happen very soon, certainly no later than the • Council's next meeting, and the Council should do it then. Councillor A. Vincent stated he was told that the Council was going to have the said answer this week. He added that we know the repairs to the building are going to cost over $100,000.00, and he did not think it could be put in shape it should be in to meet the requirements of the National Building Code for $150,000.00. Councillor Kipping suggested that the above motion be changed to read that if that group that wants the Seamen's Mission building turns it down in view of the amount of repair cost involved, the Council go ahead then, and with the concurrence of the Building Inspector, ' demolish it - in which case, he can support the motion. In reply, Councillor A. Vincent stated that there has been a long record regarding this building from the Fire Department and everyone else before the City purchased it; the building is being completely stripped; the City paid $45,000.00 for the building and Mr. Rocca would O have paid $75,000.00 for it and the land is worth more empty than it is with a building on it. He stated he would be shirking his duty to his fellow Council members if he did not bring to their attention the condition of this building. He asked the City Manager to confirm that the estimate to make repairs is $100,000.00. Mr. Barfoot replied that to his recollection it is in the vicinity of $85,000.00, at least, but he did not recall ' the exact figure; this was for the one building, he added. Councillor A. Vincent pointed out that we have two bad buildings joined together there, which abut the Post Office, and he surmised that there is a common wall between the two City -owned buildings. He stated that if a fireman is killed down there he wants to be able to say that he tried to have the buildings demolished. Councillor Davis stated that the thought has occurred to him that perhaps it is time that the Council should start considering retaining and restoring some buildings. He pointed out that these are two of the oldest buildings in Saint John and are not bad looking buildings, really, and that the problem is that the City acquired these buildings to destroy - but he did not acquire them for that reason - and he thinks that if there is a chance of restoring a couple of old buildings in the city the Council should take it. He pointed out that there are opportunities to do so and the Council has not explored them, and that it is very easy to tear down and you will never get such buildings back up again. He added that the City is running out of old buildings and • running out of anything decent in the city that is of any antiquity. He felt that it is time that somebody started to think about it before we do all the destroying that there is to do, and replace it by buildings similar to this City Hall building. He stated his only thought is that he does not quite see the urgency, and that he thinks the Council should delay it until perhaps the said drama people have access to $150,000.00 which they claim they have. He felt that it would be wrong to call for tenders now from that point of view; the second point of view is that, as has been said by Councillor A. Vincent, the Rocca people outbid the City for these buildings and if the City does not want them and Mr. Rocca wants them, Councillor Davis suggested that the City sell the buildings to Mr. Rocca and let him tear them down. He stated that, in either case, he does not see why the Council should get involved in the destruction of those buildings this week - he does not think any O firemen are going to get killed; he feels the City should close those buildings in, and that would be it. Councillor Green stated that he viewed the said buildings in company with the Mayor and Councillors A. Vincent and Pye this morning, and he cannot understand anyone wanting to spend any money on these buildings which are in such bad condition; the roofs have burned off and water pours through; some of the sills are ' completely gone; he does not think there is a wall that does not have holes through it; the windows are out; the window cases and sills are rotted and broken; large sections of the bricks and masonry have completely fallen out; he felt it would be a major expenditure even to try to put those buildings back in shape. He stated that, personally, he feels that these buildings are a fire hazard and with all the windows open in the back he is afraid that some young child will get in there and either set fire to the building or get killed by going through the floor. He stated that when the City originally contemplated purchasing those buildings he voted in favour of it, presuming that they were to come down. He stated he would rather help out the drama group by providing them with quarters somewhere else because he would like to see these buildings replaced with something that would be a credit to the South End and bring some real assessment into the city. He stated he strongly endorses the motion to demolish these buildings. Cov :cCbuncilloruMacGowahsadvised that csheobannot:supporttacmotion to demolish after this length of time - if it had been when the City purchased the building she could go along with it. She stated that considering the price the City paid for the said property and that the estimate is around $85,000.00 possibly to bring the • building up, this makes an approximate total of $145,000.00, and you probably could not buy a building, possibly, for that price. She added that if the City does not want to repair the said building itself, and if Mr. Rocca suggested that he would give $75,000.00 for the property, why should the City pay another $10,000.00 for demolition which just adds to the City's cost - she suggested that the City see if Mr. Rocca is still interested in acquiring the property for $75,000.00 and the City saves itself the difference in the cost plus the cost of demolition, which means that the City is in $35,000.00. She felt that it would pay the City to defer the matter for another week. She added that if people are sleeping in this building it is another indication of the need in this city for a hostel for the homeless alcoholics, and if such people are sleeping in this building, she felt it is a blight on our community, that there is no decent place for these people to sleep, and it is time that the Province provided accommodation for these people. ' Councillor Pye felt it seems rather pointless, selling the buildings to Rocca when we could have done that in the first place and saved ourselves a lot of work. He noted that it is the objective of the City to assume complete control of that block, and he confirmed that the said buildings are a virtual menace to public safety, because the building under discussion needs renovating in many ways. Councillor A. Vincent stated that shortly after the City bought that building the whole wall next to the Post Office exposed and he brought in a repair estimate in the approximate amount of $4,500.00 and gave it to the chairman of the Land Committee - the estimate was for temporary closing in of the roof and to try to save those walls - this is when the walls could have been saved because there was a fire there shortly before the ' City purchased the building - however, the City did not make these repairs and due to the winter and everything else, the walls have all opened up and once you put the heat on those walls they will tumble over. His second point was that he thought the drama group would get behind the City and help the City raise a million dollars to build a beautiful theatre in the proposed civic centre, but if that group is going to go into this building and spend $100,000.00 on the building it is not going to be too interested in the said civic centre. He stated that if the City is going to spend all that money on the said threatre in the civic centre it wants every theatre or culture group in the community to use it. He stated his third point is that Mr. Rocca will be glad (and he admitted it here in this City Hall building that he just wanted to get a foot -hold in that block, Councillor A. Vincent stated) to have the City sell him those two buildings because he would have a foot -hold in that block, because the Federal government is still very much interested in that one block. Councillor A. Vincent stated he • understood that when the City bought the Taylor building - he added that between the City and the Federal government, roughly ninety per cent of that whole block is owned by these two governments - that the City was totally committed to acquire the whole of that block and try to do something with it. He added that if the heat is not turned back on in the old City Hall building on Prince William Street, that complex of buildings will be in just as bad condition as the buildings under discussion. He invited the Council members to go down and look at the two buildings that have been discussed, to see for themselves the condition they are in. He stated he 500 150--160 %� 9/M- aS_Z_ �p understands that these two buildings have no historic value and were built by Boston masons right after the 1877 fire. He stated that if the Council wants to board the windows up and shut the said two build- ings up and make temporary repairs amounting to $5,000.00, he will go along with that, but he cannot sit idly by and see these buildings in that condition, presently. He stated he has been told that children get into these buildings every afternoon through a skylight and play there every afternoon, yet he was told at a Land Committee meeting by a top member of the civic staff that these buildings are all boarded up. He stated that is why the inspection was made today of the building by himself, the Mayor and the other two Council members, and they could not find any proof that these buildings had been boarded up. He added that that is why he is concerned about this matter. Councillor Kipping stated that Councillor A. Vincent's concern about the possibility of fire in these buildings, and all that, can well be understood, but there are other considerations and they have been mentioned. He stated that he hoped the Councillors will keep them in mind in voting on this matter: the first consideration is that we should not demolish on our own opinions, either biased or unbiased, as these may be, alone - we should demolish on a recommendation of the Building Inspector or a member of his office under his authority; secondly, there is something to be said about the restoration of old buildings in the city - and that should be at least considered before we give a peremptory order to demolish from this Council because there is no question that once the Council says it will be demolished, it will go; and thirdly, Councillor A. Vincent has been working diligently to get that block cleared so that the Federal building can go in there - the fact that Councillor A. Vincent could get these buildings demol- ished gives him a big boost up on that - but this happens to be only his own project, not a City project, Councillor Kipping felt. Councillor A. Vincent, in reply, pointed out that the previous Mayor appointed him as the one member of the commission to try and bring in the Federal building and try to sell those buildings to the Federal government, and that this was done by resolution of Council. In reply, Councillor Kipping stated that the work that Councillor A. Vincent is carrying out that he is claiming is in the name of the Council, may have been true at one time but it is not necessarily true at the moment particularly in view of the fact that the Federal building and the Federal people have already indicated very strongly they wish to go elsewhere, but this said Councillor continues in the matter. Councillor A. Vincent pointed out that the Federal government has not so indicated to this Council. Councillor Higgins, noting that it is obvious that opposite sides are showing up now, stated that the problem is that, whether tenders are called or not, the buildings have to be secured immediately. He stated he thinks that we are looking at a building that the Council has been more or less debating, before Councillor A. Vincent brought the matter to a point at this meeting, and that has remained in the same condition for a period of five months, and he believes, and he has been assured by the City Manager, that there is a report from the Building Inspector on his desk at the present time with reference to the condition of that building. He stated that he believes, also, because there was the request from the theatre group, that they should be informed of its condition and give them at least this week to come back with an alternative or to say they are not interested in the building - and then the Council make a decision next Monday night, if necessary, for the quickest tearing down of the building - or, immediate action to restore the building. Councillor A. Vincent pointed out that it takes two weeks to call tenders and in the meantime, this question can be resolved with the theatre group and the Council does not have to accept tenders, if it does not want to. Councillor M. Vincent stated that it seems to him that a while back the Fire Chief said the building was a fire hazard and should be demolished, and that the Building Inspector had a lengthy report regarding the building and said it was a dangerous building and should be demolished; yet the Council has held this lengthy discussion on whether or not we should tear it down. Question being taken, the motion was carried with the Mayor and Councillors A. Vincent, Green, Pye, Cave, Hodges, and M. Vincent voting "yea" and Councillors Davis, MacGowan, Kipping, Gould, Higgins and Parfitt voting "nay ". Councillor Davis noted that certain huge funds are available to groups such as the said theatre group, who want to take old buildings and restore them for a new purpose, that are not available to a city; he felt that if the said group can come up with those funds and put up a good argument, the building is saved - otherwise, it would be a case of a couple of old buildings torn down. Councillor A. Vincent felt that if the said theatre group can convince the Council it is going to do something with the building right away, the Council can still act to not have it demolished. On motion of Councillor Parfitt Seconded by Councillor MacGowan RESOLVED that an item that Councillor Parfitt wishes to introduce, added to the agenda of this meeting, at this time. //ff /� 11 Councillor Parfitt stated that with regard to the matter of the refusal by the local port liOUl9. ic9Y'i�L workers to work a ship of the Christiansen line, whose agent is Kerr Steamships (Canada) Limited, during the current strike in Quebec by members of the International Longshoremen's Association, the said port workers claiming that this ship was diverted to Saint John because of the strike in Quebec, and the (Zt,15Z�% .7h Set? shipping company owners claiming that it was not a diverted ship, she telephoned Montreal this afternoon /� he and spoke with the Manager of the Kerr Steamships, Mr. D. Fraser, who confirmed to her that the wording of the telegram from the Christiansen line - to the effect that its ships may no longer use the port of Saint fort _/� �` ✓ John because of this incident - is correct, and told her that the said line has been a customer at the 4 Oi J • port of Saint John for twenty -six years and it was not a diverted ship in this incident; he also told her ( /hC� deh that thousands of dollars of shipping business are being booked right now in the port of New York, U. S. A. �f and that port will work the Christinsen line's ships in May, which the Kerr Steamships know would have been Saint John port business. She stated that her purpose in broaching this subject was because she port w o r6rehS thinks that the Common Council should investigate this situation and find out who is right regarding the ��r�• %�1 question of this having been, or not having been, a diverted ship. In reply, Councillor Hodges stated that �f / boats of Kerr Steamships do come to Saint John; in the year 1975, they came twice; in February he was Coo &#, ll fifes given the understanding that the said boats would be at the port of Saint John one more trip but they went up the St. Lawrence Seaway; he made the point that if these boats do not want to come to Saint John in March, why should they come here in April - apparently, they did not need us in March - they need us in pril. He made the point that if the said ships want to use our port, they have to co- operate with us; if they need us, then at the same time we need them - right now, we do not need them. He made a further point that the boats do not go up the St. Lawrence Seaway in winter time for one reason, namely, that the ships cannot stand the ice in that waterway. Councillor Davis withdrew from the meeting at this time. Following a session in Committee of the Whole, the Committee arose and the Mayor resumed the /,!/ Chair, in legal session of Common Council; when there were present Councillors Green, Hodges, Kipping, rom"01, a/7O /e acGowan, Pye, A. Vincent and M. Vincent and Messrs. N. Barfoot, City Manager, R. Park, Commissioner of finance, and F. A. Rodgers, City Solicitor. • 0 • r L E G A L • tea'. ,des C.zi �ic�r ' me /pVL , /3% by Aev,njgon • • ,lgsu�3l�e 4ssapwoea Cv. 140e ,.,[OtSct rb2 icy re r't � �- ' i M ji �5 idj5uv�o'rce / • 501. With reference to the report, dated April 18th, 1975, from the City Solicitor which states there is no schedule of fees established under the Industrial Relations Act, and consequently no provision for an examin- ation of the fees which were submitted by Reverend Canon, H. C. Quinn, Chairman of the Arbitration Board which heard a dispute between the City and the Saint John Policemen's Protective Association, Local No. 61,.C.U.P.E. over a dispute surrounding the dismissal of two Probationary Constables by the Chief of Police, and by Mr. Thomas L. McGloan, the City's nominee to the said Board. The letter states that if the Council wishes to dispute the amounts submitted, it may request that Mr. McGloan and Reverend Canon H. C. Quinn offer further explanation to justify their account - and further advising that the said Chairman has indicated that he would be willing to appear before Council if Council has any questions regarding the matter. Referring to the fact that the Council, on receiving the City Solicitor's legal opinion regarding the taxing of the said fees to determine whether they are in accordance with the Table of Fees and Costs prescribed by the Arbitration Act, on April 14th last laid the approval for payment of these fees on the table and requested another legal opinion, the said letter of April 18th last states that since the City Solicitor has, at Council's request, expressed his legal opinion on this matter to Council, it is his belief, after due and careful consideration, that he must become disinterested in any further legal opinions rendered to Council on this matter - and thus, in this instance, it would be improper for him to engage a solicitor to give another legal opinion to Council - and he would therefore sug- gest, since Council wishes another legal opinion, that the Council itself should select the solicitor from whom it desires to receive such legal opinion. Mr. Rodgers stated that he has to assume that the Council, through a majority vote, is interested in taxing the costs of the City's nominee and the Chairman - and he has given an opinion that there is no provision for taxing, he pointed out and, therefore, the Council wants another legal opinion on it which indicates that the Council is still interested in taxing the costs. He pointed out that if the other legal opinion agrees with his opinion the Council is not much further ahead - if it disagrees, then he believes we are into another problem - if the Council wishes to tax these costs and receives another legal opinion that disagrees with his legal opinion, then the Council either accepts his opinion or accepts the opinion of the other solicitor. Mr. Rodgers stated that with regard to this matter, he has talked to Mr. Teed, Mr. Ronald Lister, Mr. John Palmer and Mr. Christopher Collier, locally, and Mr. Palmer, Mr. Collier and Mr. Lister are so doubtful about this that the practice they follow is to have the nominees and the chairman take both oaths under both Acts - the Industrial Relations Act and the Arbitration Act; Mr. Teed has indicated to him that there are no court decisions but with regard to the New Brunswick cases that are unreported, and they have not been directly dealt with, these cases indicate a percentage of 60 -40 that these matters are under the Arbitration Act - that is Mr. Teed's opinion. Mr. Rodgers stated that this doubt among the top four lawyers who are involved in labour law in the city sur- rounds a word in the Industrial Relations Act, or otherwise - in other words, that Act makes a provision for a collective agreement to settle disputes by arbitration or otherwise, and the Supreme Court of Canada has had it before them, the Supreme Court of British Columbia, and the Nova Scotia Supreme Court, and none of these cases can answer the question for New Brunswick. He stated that what he thinks is important, here, is to attempt, if the Council is interested in taxing the costs, to find out what the New Brunswick Court believes is the law; the Department of Justice, the Department of Labour, the Professor of Labour Law, and George McAllister, who wrote the Act, are certain that the Arbitration Act does not apply. He pointed out that this is completely opposite to what the practicing lawyers in the City of Saint John are doing, and they are doubtful, because they are having the nominees and the chairman sworn under both Acts; Mr. Collier told him today that to be absolutely certain, they take the oath under both Acts. Councillor A. Vincent asked if the nominees and the chairman in the matter in question took the oath under both Acts. Mr. Rodgers replied that he has the impression they did, but he would have to check the record in that regard. He stated that the new Arbitration Act of 1972 in Section 81 says that the Arbitration Act does not apply to arbitration such as this particular case. He stated that he brought this item into legal session to see, when he brought out the various points he has made, whether the Council would be interested in taxing the costs, anyway, because if the Council is interested in taxing the costs, it can do that now and disregard his opinion and find out through the Supreme Court Registrar'whether or not the costs can be taxed. Councillor A. Vincent pointed out that the Council nominated Mr. Thomas L. McGloan to be the City's nominee on that arbitration board, but Mr. McGloan's bill was submitted under the name of his law firm, which should not be done - he should have submitted the bill under his own name, because the City cannot pay the law firm (this not being for professional services) but has to pay him, as the nominee on this board. He felt that the Council should return that bill to Gilbert, McGloan & Gillis, pointing out that it was not the firm that was engaged in this regard, but that it was Mr. Thomas L. McGloan who was engaged, as the City's nominee. Mr. Rodgers stated he does not know how much it would cost to have these costs taxed because the Supreme Court has never had a case in dispute under the Industrial Relations Act. He added that the lawyers in the city have indicated they would like to see the Council tax these costs, to see if the problem can be settled, as to which Act applies. He stated that in discussing this matter in legal session, he was not interfering with the Council's right to obtain another legal opinion. He stated that he will put the item on the open session of Council next week, and the Council can deal with the matter of selecting another legal opinion at that time. On motion of Councillor Kipping Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager and the Commissioner of Finance, authority be granted to pay to The Northern Assurance Company Limited the sum of $3,243.76 regarding six claims paid during the first quarter of 1975 under Comprehensive General Liability Policies 161C900 (1974) and 161C900 (1975)• Councillor A. Vincent asked when the Council could find out whether it is financially feasible for the City to write its own insurance. Mr. Park stated that the point of view he holds is this: that in carrying insurance, we are not aiming at protecting the City from relatively small claims, but only from very large claims that would perhaps be large enough to be financially disastrous; accordingly, if the City were to carry its own insurance it would be necessary, first of all, to build up a fund adequate to take care of a very large claim - during the period of time in which we would be building up this fund, we would also have to carry regular insurance to protect ourselves - and, so, for a considerable length of time we would be incurring double costs; also, at the time of actually dealing with claims, it seems to him that the City would find itself a little more vulnerable to attack from claimants than the City presently is when it has the insurer standing between it and claimants -- and for this reason, he is not of the opinion that there would be any wisdom at all in the City attempting to carry its own insurance - above all, in the general liability field. On motion The meeting adjourned. Commo rk. 50 Coup. f% vineene ArT6r�/tn�at %oh ,3,� 5..� • rp/l�Yg7Cp5 7'r+ As,ae,No.4(i .T� %SMiS�7/ W ro,6. ConSia�✓es /iuC�ea1^ fl�ah�S �%- zoning F% /�oiialnv�st- menis- r-Amoc a 6?1kh Fa / /sF/od �On7M %L�eC .Fisi e �ay� loyw d 6',eek �.�vi pohmel!Z`' .7.�is�s %r � i•d � /oacti n9 PpoN. e,7knet At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty - eighth day of April, A. D. 1975, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, S. Armstrong, Engineer with the Works Department, M. Zides, Municipal Planning Officer, D. Buck, Redevelopment Officer, J. Gabriel, Assistant Director of Parks, E. W. Ferguson, Chief of Police, P. Clark, Fire Chief, and D. French, Director of Personnel and Training The meeting opened with a prayer which was invoked by The Reverend Peter Bagley of the Parish of the Cathedral of the Immaculate Conception. On motion of Councillor Green Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on 21st last, be confirmed. Councillor A. Vincent noted that at the fast Council meeting he asked the City Solicitor if the nominees and the chairman of the Arbitration Board which heard a dispute between the City and the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. over a dispute surrounding the dismissal of two Probationary Constables by the Chief of Police, took the oath under both the Industrial Relations Act and the Arbitration Act, and he stated he still wishes that information. Mr. Rodgers stated that at the last meeting he replied that he has the impression that they did take the oath under both Acts. The Mayor stated that he received a note from an article in an American paper concerning nucleur plants and he noted that in the State of Maine they have four plants and the largest one gener- ating power, if this plant was oil -fired to give the same amount of power, it would use 50,000 gallons an hour of fuel oil, which we can't afford, and the total four plants in the first 21 days of January would have used 75 million gallons to obtain the same horsepower. He felt this fact should be brought to the attention of the public. The Common Clerk stated that advertising took place with respect to the proposed amendment to the Zoning By -Law to re -zone for Alpha Investments & Agencies Ltd. an area of land lying west of lots fronting on Glenview Avenue containing approximately 20 acres to permit the construction of 53 one and two family dwellings. He advised that a letter has been received from the Glen Falls Flood Committee objecting to the proposed re- zoning. It was noted that a report from the Planning Advisory Committee, dated April 25th, 1975, states that the Commission has made no decision on this matter pending possible advice from the Provincial and Municipal meeting held last week and that a report will be submitted to Council as soon after the Com- mittee's April 30th meeting as possible. Mrs. Elsie Wayne, Chairman of the Glen Falls Flood Committee, appearing on behalf of the said Committee, read the presentation made by the Glen Falls residents to the Planning Advisory Committee on April 8th, 1975, to reiterate just cause why the request of Alpha Investments to develop a portion of land to accommodate 106 families in an area of Glen Falls which would further threaten the existing homes should not be granted at this time. The presentation outlined the efforts of the Glen Falls Flood Committee to have the problems in this area corrected and the appearances of the Committee before the Common Council in this regard. The brief states that it is unfortunate that through the years Town Planning has allowed homes to be built on land which had a freeze on it because of poor drainage, which freeze as far as the Committee can determine was illegally broken when the homes were built and that it would be a most irresponsible act for the Planning Committee or Common Council to grant permission to Alpha Investments at this time. The brief states that the Committee is in no way against Alpha Invest- ments developing the land once corrective drainage measures have been put into effect, but at the present time - in the present state of the area, and with regard to the comments made in the brief, the Committee would ask that the request be denied at this time. The covering letter from the Glen Falls Flood Com- mittee states that at the said Planning Advisory Board meeting, held on April 8th, Mr. Gordon Myles of Alpha Investments advised the meeting that if the company could not build the 53 homes this year it would be quite alright, as they didn't want to hurt the people in Glen Falls, and as this is the feeling of Mr. Myles himself, there should be no question as to the refusal of this request at this time. The letter states that added work -load to the existing sewage system, plus the added water waste from these dwellings could be a most disastrous risk until all drainage problems encompassing the complex Marsh Creek problem have been, in fact, accomplished effectively, not to mention the ever present possibility of heavy rainfall. Mrs. Wayne stated that over the weekend some facts were brought to the attention of the Com- mittee and that further to the presentation which has just been read, the following issues came to light to further show just cause why this request of Alpha Investments must be denied at this time - the Federal Department of Environment has completed the mapping of a national flood hazard programme and in so doing they have released a press release, which states the Government has threatened to withhold disaster aid to regions developed despite the-knowledge that they are flood risks. Also they state that Federal disaster assistance would be withheld where a high flood risk has been identified and where development has proceeded in spite of this risk. They further state that Ottawa would continue to help in assistance money -wise for dam construction but they would rather give their money for an alternative to the dam construction and that could be your holding ponds. They will finance money, they will give money to the Provinces for building of dams, by- passes, dykes, stream straightening - therefore, due to this recent information from the Federal Government, stating that they would no longer compensate if development takes place in an area known to be a flood risk and whereas the City's own engineer, Mr. Claude MacKinnon, has agreed that more water would be put down in the existing structures by Alpha Investments' development, it is imperative that you do not develop until corrective measures have been effected. Mrs. Wayne asked if the fact about the Federal - Provincial flooding programme was brought to light at the Council's meeting with the Cabinet on April 23rd last in Fredericton and the Mayor replied that this'was not brought out. Mrs. Wayne stated it is the understanding of her group that the Council returned from Fredericton with no answers to date as to corrective measures to the problem. Mr. Barfoot • u I 50 3 stated that to clarify the query of Mrs. Wayne, the matter of Federal participation was touched upon very • briefly, as we did not know at that time the details of the programme. Mrs. Wayne asked if the Provincial Government will be approaching the Federal Government with regard to assistance and Mr. Barfoot stated that these are matters to be further looked into. The Mayor stated he is sure they are going to search for every means they can find to assist and they certainly are doing some work in checking with the railway, which has admitted to them their mistakes. Mrs. Wayne stated she feels the residents have shown just cause to the Common Council as to why the request for re- zoning from Alpha Investments should be denied at this time. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee, dated April ' PlRh n, 40611'V 25th, 1975, stating that the Commission has made no decision in the matter of the proposed re- zoning of property ,1Z -0 off Glenview Avenue for Alpha Investments & Agencies Ltd. pending possible advice from the Provincial and Municipal meeting held on April 23rd, and that a report will be submitted to Council as soon as possible after the Committee's meeting on April 30th next, be received and filed. On motion of Councillor A. Vincent �De zOg /hL� Seconded by Councillor Higgins RESOLVED that the proposed re- zoning of property off Glenview Avenue for �Y! Alpha Investments & Agencies Ltd. be laid on the table pending a further report from the Planning Advisory i3ie5Y6 Committee. The Common Clerk stated that the necessary advertising was completed regarding amending Section 68 (2) of the Zoning By -Law by adding a new clause that will permit, with approval of the Planning Advisory Committee, offices for doctors or dentists in an "RM -1" zone within 400 feet of a "B -3" zone, this amendment having been requested by Dr. V. T. W. Shannon, and that no written objections were received in this matter. It was noted that there were no persons present to offer comment regarding the said proposed amendment. On motion of Councillor Higgins • Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of ?fie- zoning The City of Saint John and Amendments Thereto ", insofar as it concerns amending Section 68 (2) by adding a new clause that will permit, with approval of the Planning Advisory Committee, offices for doctors or dentists in an "RM -1" zone within 400 feet of a "B -3" zone, be read a first time. Read a first time the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". �OL°i�OMS o3 On motion of Councillor Gould �C07� /StS Seconded by Councillor Hodges RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns amending Section 68 (2) by adding a new ' _Vjk., clause that will permit, with approval of the Planning Advisory Committee, offices for doctors or dentists in an s / Qyp/On "RM -1" zone within 400 feet of a "B -3" zone, be read a second time. Read a second time the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that an emergency be declared to exist and that the said by -law amendment be given third reading and enacted at this meeting of Council. Question being taken, the said motion was defeated. • On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the letter from the Planning Advisory Committee, dated April 3rd, 1975, to whom had been referred the application of Dr. V. T. W. Shannon for permission to establish a IDI- J.r/did% second dentist on the ground floor of the building at 34 Coburg Street, advising that the area is zoned "RM -1" Multiple Residential and under that class of zoning offices for more than one doctor or dentist are not now (• permitted, however, the area in which 34 Coburg Street is located is very near to the central business district and, with the growth of the City, can be expected to undergo a controlled transition, and recommending that a new clause be inserted in Section 68 (2) of the Zoning By -Law to read as follows:- "Offices for doctors or ' dentists within 400 feet of the "B -3" zone ", and advising that the Committee has already given its approval to Dr. Shannon's request, be received and filed. A letter from the Saint John Theatre Company regarding the repair and remodelling of the Seamen's - 1 Mission building on Prince William Street for use as a theatre, was considered at this time, which advises that pt for several years there has been a growing desire among citizens of Saint John for the establishment of a theatrical company which has been motivated mostly by the desire for more locally produced dramatic entertain- ment; and that there is also a feeling of having been bystanders while such varied and successful groups as Theatre New Brunswick, The Chocolate Cove Players and Neptune Theatre take hold in neighbouring areas and O advising of the history of the founding of the Saint John Theatre Company Inc. and their efforts to date. The %%p AVm, St letter states that there is no facility in the city which provides the flexibility and accessibility needed to develop a full- fledged theatrical organization and that the Seamen's Mission can provide that facility by converting the building into a small theatre, suitable for the needs of the Company for at least the next several years. The letter further states that they have discussed this possibility of use of this building with a major international philanthropic organization, who have expressed interest and it is believed that this organization will provide the funds needed to restore the building to a serviceable state (about $100,000) and an additional amount to make it usable as a theatre (about $50,000); the Company also believes that this organ- ization will provide additional funds with which to equip the theatre, most of which would be of such a nature that it could be transferred to another facility should the building be required by the City for some other • purpose, or should a facility be built in the Civic Centre, which equipment could cost from $100,000 to $350,000 over a period of years. The letter respectfully requests the Council to grant permission for the Saint John Theatre Company Inc. to use the Seamen's Mission building as a theatre and that if Council grants the immediate use of this building, the Company shall undertake forthwith to clean the building and make the necessary repairs to prevent further weather damage to the building. It is believed that financing for this purpose can be 504 5-.T T 10 re ,leas e tained from a commercial or government lending institution, until such time as a grant is received from philanthropic organization. The letter advises that the Company would even consider purchasing the ilding if necessary. It was noted that at a meeting held on April 21st last, the Common Council authorized that public tenders be called forthwith for the demolition of the City -owned buildings on Prince William Street, civic numbers 150 -160 (being the former Seamen's Mission building and the property adjoining that building), and ordered that the said buildings be demolished, and that public tenders will be received until Wednesday, April 30th next, for such demolition work. Major Frank Ervin, Vice - President of the Saint John Theatre Company, was present at the meeting, and stated that since the 1950's the need for an adult theatre company and a theatre centre in Saint John has often been expressed. In 1966 the Centennial Committee stated the need for a theatre; in 1970 the Mayor's Committee for the civic centre recognized the need for a theatre; in 1972 another Mayor's Com- mittee for the civic centre pointed up the need for a civic centre to be located in the heart of the City, and a theatre was prominent in the list of facilities envisaged for this centre; in 1974 Council agreed to share the cost of a dramatic artist -in- residence to work between LJ.N.B.S.J. and the City attracting some thousands of dollars in support from Provincial and Federal sources; in 1975 the Saint John Theatre Company was established, the objective being to establish, maintain and operate a permanent community theatre company to promote and establish a theatrical facility and of course to present events for particular groups and the public. He stated that this theatre company has a Board of Directors selected in part under the direction of City Council. The Theatre Company has in its first few months of operation since the first of the year, written a constitution, applied for and was granted incorporation by the Province, attracted over 100 active members, conducted instructional classes in theatre, produced the first full - length adult theatre production in over a decade in Saint John and spent much time seeking a roof under which to operate. Major Ervin noted the various locations where the Company has been located in this short time and stated that if Saint John wants to have the benefit of having its own active theatre as have other communities of similar size, we must start somewhere and this Company believes we must start now. He stated that for many years we have seen many sizeable grants being distributed to other cities which they consider our City eligible to benefit in the same manner. It is necessary for the Company to prove its credibility by proving their commitment in order to attract foundation, government and public support. The theatre needs a base, no matter how small, for a be ginning. Major Ervin stated he believes we all want a new civic centre, however, we know that the six million dollars or so required for a theatre in the proposed complex is not in sight and he understands it will be phase two and many years in the future. He stated that he believes that the Council expects the public and in particular the Company to raise the money to promote and raise the money to build this large facility - we need a viable base from which to start. The Saint John Theatre Company wants time to show the Council that the Seamen's Mission can be the viable base, the proof in fact that we have a theatre company worthy of support by foundations, governments and the public. The Company asks per- mission to lease the building from the City, which is required in order to transform it into a functional theatre. The Company has made preliminary studies and with the advice of professionals has produced drawings which were shown to Council for their consideration. In addition, the Company has approached- sources of funding and the Company has been given moral support from several directions. He stated that he discussed at length this date with Mr. Walter Learning of Theatre New Brunswick the possibility of producing one or more plays in this new facility, which matter will be coming before the board of directors of Theatre New Brunswick in the very near future. He noted that other groups such as Le Circle Francais and the Arts Council, amongst many others, would like to use this theatre if we have one. Major Ervin stated that the Company asks that they be given the building and they will finish the job. In reply to a query from Councillor MacGowan, Major Ervin stated that the Company would prefer about three or four months to obtain the funding of the project, and that the Company would have to act in a responsible manner in making the building safe now. He stated that he knows that the organization which will be giving a loan to the Company will give approval if the property is leased from the City. Councillor M. Vincent asked if the group has an international organization that might be in a viable financial position to finance the resurrection of that building to make it suitable for a theatre, and why it would take them three or four months to decide on the funding, or do you first have to show successful results using that building before the funding is provided. Major Ervin replied that the reason he asked for three or four months is because this one source is not firm at the moment. The President of the Company is presently dealing with an organization for funding and if that falls through then he sees a further period of time required. Councillor M. Vincent noted that the Council has several reports from City staff concerning the condition of this building and he stated that if the time period asked for by the Company is not excessive and if there is some good possibility that the building can be completed, one might consider taking a chance for development of the building. Major Ervin pointed out that the Theatre Company is made up of nine people who are very busy and very interested and he assured Council they would not be before Council if they did not think there was at least a ninety per cent chance of success in this venture. Councillor Parfitt noted that the letter states that if the building is required by the City for some other purpose the Company would move out with up to $350,000 worth of furnishings and she asked if it was wise to put that much money into a building that you are not quite sure will be available for that long. Major Ervin replied that theatre equipment is quite portable and he stated that the intention of the paragraph referred to, is if we moved to some other facility, that sort of thing. Councillor Parfitt asked how the Company would maintain the building and Major Ervin stated he is sure there would be sufficient funds to maintain the building. He further stated that in the first phase the seating capacity is to be 300. The Mayor withdrew from the meeting and Deputy Mayor Higgins assumed the Chair. Councillor Cave asked if in the event the Council agreed to lease or sell the building to the Theatre Company, when would the Company be prepared to start, knowing the condition of the building. Major Ervin replied that they would be prepared to start about 24 hours after they had the funding and that limited funds are available at the moment. Councillor A. Vincent stated he would like to know where Major Ervin received his information that we are not going to have the theatre built in the Market Square complex at the same time. Major Ervin stated he attended a luncheon this date at which the City Manager was guest speaker and in response to a question about the theatre he was informed that the theatre was in phase two; on another occasion at a Board of Trade luncheon the Mayor advised in reply to my question that I ask Mr. Rocca, the developer of the Market Square development, and Mr. Rocca stated it was a phase two sort of thing and there was no funding in sight for the theatre, and that other reliable sources informed him that a theatre costs in the vicinity of six or seven thousand dollars a seat and in terms of an 800 to 1,000 seat theatre it is in the vicinity of five to six million dollars, so all these things as well as conversations with Councillors, engineers, etc. and people in the funding business lead him to believe that we would be fortunate to have a theatre in anything less than five years, and as a matter of fact fortunate to have it in eight years. Major Ervin stated that the use of this building for a theatre is not meant in any way to set ide the proposed theatre in the civic complex but completely to the contrary. It is to be built as on as possible to prove we are a City worthy of support and that we need bigger and better facilities, n L • 505 Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice from D. Hatfield Limited in the amount of $6,719.27 for the rental of equipment to ' - �•��aT/ �� the Works Department during the period March 16th to 31st, 1975• /744e dGrcelomeoe On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for the sale.of a 1948 International KB7 fire pumper to the Welsford District Volunteer Fire Department at a price of $802.00, being the only tender received. z eeer*At're On motion of Councillor Gould Seconded by Councillor M. Vincent / RESOLVED that the letter from the City Manager, submitting a loan /0.;V7 y7 agreement between the City and Central Mortgage and Housing Corporation with respect to the Western Collector mgyJ Sewer and Sewage Treatment Plant (Project 310- STP -8) advising that this agreement can be used to finance the L�N W& Saint John- Lancaster Lagoon Lift Station and that Council has not been asked to execute the agreement earlier because of uncertainties in the planning of this system which have now been resolved, and in addition, to the .S onstruction of the lift station, staff will shortly be recommending to Council the expansion of the Lancaster oS�Gt��C [agreement agoon, be received and filed and authority be granted for the Mayor and Common Clerk to execute the said on behalf of the City of Saint John. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, approval be granted -47 for payment of the following construction progress certificate and approved invoice for engineering services 67/j¢ regarding a project that was undertaken under the Department of Regional Economic Expansion programme: - �a y ood r,L�S. CO /l 1. Champlain and Lakewood Heights Collector Sewer Proctor & Redfern Ltd. �j Engineering services for Champlain Heights Payments previously approved $ 177,229.70 f�PL�j�0�7 Sum recommended for payment, Estimate Number 26, dated April 9, 1975 $ 8,205.41 and this theatre is one to last the Company until we obtain the civic centre theatre. • In reply to a query from Councillor A. Vincent if Major Ervin has been inside the Seamen's Mission building within the last month, he advised that he has not been in the building for about eight months. Coun- . cillor A. Vincent noted that the building has certainly deteriorated since then and he asked if the Theatre Company would be prepared to deposit with the City forthwith if they received permission to lease it, about $4,500 just to make it water - tight, which is what the estimate is just to make it water - tight. Deputy Mayor �h2dJa7S Higgins stated that a presentation is being made this evening which the Council will consider and report back GG,iu°i'Aes within a period of time, after investigation. If Council decides to lease the building, certain stipulations as set out by the City will be required to be undertaken by the Company. Major Ervin stated that while he has not been inside the building, several directors and other members of the Company have viewed the building. d1�gL°� Major Ervin assured Council that if permission is given the Company will have any additional money �Cec�SG� required very quickly - what the Committee wants now is an incentive, something to work towards. Deputy Mayor Higgins thanked Major Ervin for his presentation. yoc �e� set at $12.00 prime time and $6.00 non -prime time, on April 21st last, advising that all three Associations,.at have /gyp wow, e5� On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice from D. Hatfield Limited in the amount of $6,719.27 for the rental of equipment to ' - �•��aT/ �� the Works Department during the period March 16th to 31st, 1975• /744e dGrcelomeoe On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for the sale.of a 1948 International KB7 fire pumper to the Welsford District Volunteer Fire Department at a price of $802.00, being the only tender received. z eeer*At're On motion of Councillor Gould Seconded by Councillor M. Vincent / RESOLVED that the letter from the City Manager, submitting a loan /0.;V7 y7 agreement between the City and Central Mortgage and Housing Corporation with respect to the Western Collector mgyJ Sewer and Sewage Treatment Plant (Project 310- STP -8) advising that this agreement can be used to finance the L�N W& Saint John- Lancaster Lagoon Lift Station and that Council has not been asked to execute the agreement earlier because of uncertainties in the planning of this system which have now been resolved, and in addition, to the .S onstruction of the lift station, staff will shortly be recommending to Council the expansion of the Lancaster oS�Gt��C [agreement agoon, be received and filed and authority be granted for the Mayor and Common Clerk to execute the said on behalf of the City of Saint John. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, approval be granted -47 for payment of the following construction progress certificate and approved invoice for engineering services 67/j¢ regarding a project that was undertaken under the Department of Regional Economic Expansion programme: - �a y ood r,L�S. CO /l 1. Champlain and Lakewood Heights Collector Sewer Proctor & Redfern Ltd. �j Engineering services for Champlain Heights Payments previously approved $ 177,229.70 f�PL�j�0�7 Sum recommended for payment, Estimate Number 26, dated April 9, 1975 $ 8,205.41 u Councillor MacGowan asked if the $16,000.00 figure mentioned in the brief is based on prime time only nd Dr. Simon replied that the figure is based on the total hours asked for by the three Associations for next eason, including prime time and non -prime time. Councillor MacGowan asked if it would be helpful if consideration as given to changing the hours of prime time in order that minor hockey would have longer non -prime time hours vailable. Dr. Simon stated that the associations have no jurisdiction over what time is alloted by the Depart - ent although they have been given good consideration in the past in the amounts of�pPimer.time; allotted to them nd that prime time has been laid down by the Recreation and Parks Board which runs from 6 p.m. to 1 a.m. during he week and all day Sunday which is the time the boys are able to use the facilities, and he stated that any ddition would be helpful, which would help reduce the cost. Councillor MacGowan asked how many families in the In reply to a query from Councillor A. Vincent, Mr. Barfoot advised that the above invoice is for engineering work in connection with the pumping stations and sewerage that will take it to Grandview Avenue, which will eventually flow into the lagoon which is the subject of being moved, but is not in connection with . the lagoon itself. A brief to the Council from the Central Minor Hockey Association, Lancaster Minor Hockey Association and Simonds Minor Hockey Association regarding the user fees for City -owned areas, which fees were adopted by �h2dJa7S the Common Council on April 21st last, was considered at this time. A large delegation from the said Associations, GG,iu°i'Aes including Mr. William Dolan, Dr. Ed Lund and Mr. William Vaughan, presidents of the respective Associations, were present at the meeting. d1�gL°� Dr. Louis M. Simon, spokesman for the said Associations, at this time read the prepared submission of the Associations outlining their concern with regard to the passage of the user fee principle in April of 1974 and the subsequent passage of the recommendations of the Recreation Department and subcommittee that this fee be yoc �e� set at $12.00 prime time and $6.00 non -prime time, on April 21st last, advising that all three Associations,.at have public meetings, strongly rejected the principle of the user fee, the reasons for doing so being outlined ASS in detail in the said brief. The brief also outlines the efforts of the Associations in developing a system /OG°S, �O �OGC will provide the youth of our city a healthy, competitive and fun- filled outlet based on individual skills %hat within their peer group, which hopefully will provide the guidance and opportunity for the building of character S /IY/OI7 and physical health to make him or her a better citizen. The brief concludes by listing several alternatives, as follows: (a) implement a user fee and observe the effects; (b) have the Recreation Department take over the financial aspects of minor hockey; (c) reduce the fee schedule to a more realistic figure (the three presidents also requested a gradual introduction of a user fee so as to have time to adjust their programs and registration fees); (d) the final alternative is to rescind the motion to implement the user fee; permit minor hockey to develop its program with the youth of this city along the lines of other progressive centers; request the Recreation Department to assist the Associations in ice scheduling, purchasing of equipment, education of coaches and parents in the conduct of the game and in the purchase of protective equipment for their children; consider the recommendations of the Mayor's council on youth hockey submitted in May, 1974. u Councillor MacGowan asked if the $16,000.00 figure mentioned in the brief is based on prime time only nd Dr. Simon replied that the figure is based on the total hours asked for by the three Associations for next eason, including prime time and non -prime time. Councillor MacGowan asked if it would be helpful if consideration as given to changing the hours of prime time in order that minor hockey would have longer non -prime time hours vailable. Dr. Simon stated that the associations have no jurisdiction over what time is alloted by the Depart - ent although they have been given good consideration in the past in the amounts of�pPimer.time; allotted to them nd that prime time has been laid down by the Recreation and Parks Board which runs from 6 p.m. to 1 a.m. during he week and all day Sunday which is the time the boys are able to use the facilities, and he stated that any ddition would be helpful, which would help reduce the cost. Councillor MacGowan asked how many families in the 506 "%her,LQ s user _'mss �'i�ona°s f%SSOB S- associations would have three boys playing minor hockey and Dr. Simon replied that a survey was done in the Central association and it was found that two - thirds of those enrolled this year are one per family and one -third are multiple memberships. Councillor MacGowan stated it has long been a complaint that only those boys whose parents were involved in minor hockey were given the preference to playing on the teams. Dr. Simon replied that there is no truth to this whatsoever as minor hockey has turned no child down this year. He stated the Associations have instituted several programmes to ensure that every child is given an equal amount of ice time. He noted that the Associations started their games at 6 a.m. this year in order to accommodate all those wishing to play minor hockey. Councillor Cave noted that we will hopefully have the three new rinks in operation this fall and he asked if there will be the need for prime time that is required at the present time. Dr. Simon replied that the Associations asked for prime time, which to them is the time available for the boys to be able to play hockey. He stated that if the City decided to change its prime time it will really not affect the Associations at all as far as the actual hours involved. He stated, however, that they would agree with anything which would reduce the cost of the registration fee for the children. Councillor Davis stated that the aims of both groups is the same, namely, to provide better citizens, although there may be a difference in the philosophies of both groups. He noted that Saint John has lacked major recreational facilities and after much discussion it was the decision of the City to erect 4 new rinks, of which three are being constructed at the present time. He stated that he is beginning to feel that maybe these rinks are too costly for Saint John and stated that the Council has obligated the citizens to three million dollars worth of bonds which have to be paid and that the coupons each year will be $315,000.00 that the citizens will have to pay, which comes to about $860.00 per day and that with operating costs the figure will probably be doubled. He noted that the fee being asked for minor hockey, which works out to about 40 cents per child per game, is very small in comparison. He stated that the standard feeling today is that free is good although some people feel there should be some obligation in the facilities which they use and therefore some charge has to be made. He stated he assumes the time mentioned in the brief is double for next year as more rinks will be available. He stated that the Council opted to have these facilities built as neighbourhood centres rather than rinks in order to get the communities involved. Dr. Simon stated that the Associations congratulate the Council for building the three rinks which have been needed for many years and he further stated that to pay for something does not necessarily breed respect for that facility. He stated that the Associations' point is that these children are paying to play minor hockey through the $10.00 annual fee - it is the degree to which you charge that is going to prevent the accomplishment of what you are trying to do. Deputy Mayor Higgins noted that the operating costs for the City- operated rinks will be $248,500 er year and that the user fee revenues at the present cost of $12.00 for prime time and $6.00 for non- rime time for all activities will add $79,500.00 to that operating deficit, leaving a balance for the axpayers of $159,000 per year in operating costs alone. Dr. Simon reiterated that the sum of $79,500.00 o be payable by the youth groups is something that could break minor hockey in this City to the point here only those who can afford to pay will be able to join. Deputy Mayor Higgins noted that the sum of 79,500.00 referred to is for all youth activities in the rinks and not just minor hockey. Councillor Green stated he has always been a supporter of programmes for youth and recreation nd he asked what estimate of increased time the children will be playing and Dr. Simon stated it is stimated that with the three new rinks each Association will take in approximately 150 new children bove the present registration although the time for next season has not been allotted as yet and it is elieved that each child will play on the average of three hours-per week. Councillor Parfitt stated she was surprised to learn of children seven years of age playing hockey and she suggested that under ten years of age children should be skating for fun and learning to skate properly. Dr. Simon replied that the Associations accept children from six years of age and that a learn to skate programme has been instituted for five year olds and that the Recreation Department has pleasure skating available at the rinks for persons desiring same. Councillor Parfitt noted that citi- zens with no children are also paying for those children to play minor hockey. Dr. Simon stated that the children work very hard in the Association by selling tickets, etc., although only $15,000 to $20,000 was raised in the combined three associations and that a considerable amount of money has gone into the purchase of safety equipment for the children. u • Regarding discussion on the rink for the South End, Deputy Mayor Higgins stated that the rink uld have been built at the same time as the other three rinks except that the South End Development • rporation has received 1.3 million dollars to design and decide what they want in their own area for using and decide where the rink will go and when the Corporation comes to Council, the City is prepared fulfill its objection to the South End residents. Councillor Parfitt asked if any of the funds turned over to the Province from the Olympic would be, available for minor hockey and Dr. Simon replied that he asked this question at a of the recent Provincial hockey committee and it was agreed that this would be feasible if a .le request was put forth. Councillor A. Vincent stated he is glad to see that the Associations' will be accepting girls ' registration this year and he congratulated the Associations on their presentation this evening. He ther stated that he feels that the children of today will be the ones paying for the three new rinks the very near future. Councillor Kipping stated he notices a contradiction in the brief as it states that the three sociations have rejected the principle of the user fee and further in the brief the statement is made at two of three associations upheld the principle of the user fee, and he further stated that he is thered by the statement contained in the alternatives listed in the brief which appears to cut off the ssibility of a compromise in this regard. He asked for clarification of this statement. Dr. Simon ' ated that the agreement of two of the three Association presidents in 1972 when the rinks were being anned was that some fee may be necessary and in the last month or so all three Associations strongly jected the user fee principle. Councillor M. Vincent noted that the Council made a decision which enabled the Associations to ear before Council to give their views and the economics of the matter have also been brought out and t now the basic principle before this Council is to ask staff if it is possible to implement any of alternatives proposed by the Association. Councillor Pye stated he,realizes there is a great deal of logic in the Associations brief in importance of sports in the lives of our children and their value as a deterrent to juvenile delinquency. is stated he realizes that many families would find the new costs impossible and is aware of the difficulties olved in such organizations as minor hockey, and he is sure that a reasonable compromise will be eed upon. I 507 Seconded by Councillor M. Vincent RESOLVED that the Financial Statements for January and February be ceived and filed. On motion of Councillor Hodges Seconded by Councillor Higgins RESOLVED that the letter from the City Manager, submitting a report from the Fire Chief on assistance rendered by the Department in the matter of the phosphorous spill in Chipman, advising that this is another example of the expertise in the Saint John Fire Department and the assistance , [ which the City is ready to extend to neighbouring communities, be received and filed and the Fire Department be �gdS commended for their efforts in this regard. On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the letter from the City Manager, submitting reports of the Chief of Police and the Deputy Chief, with regard to the request of Common Council on April 21st that the Chief ��p+5 be instructed to investigate and report back to Council as to how two Bricklin cars that are being driven in ,G this area can have just a dealer's license on them when there is no dealer for the said cars in New Brunswick, AAl �leo°S the report of the Chief of Police advising that there is no record of any Bricklin people having meter tickets pt/ 0® cancelled and that from the 1st to the 14th of April 1975 employees of Bricklin Canada Ltd. were allowed to park � J in the Industrial Drive as the Bricklin grounds could not be driven on because of the thaw, and advising for v/ O •6p4V information that the dealer plates have been issued to this company by the Motor Vehicle Branch of the Province of New Brunswick, and authority for ten sets can be authorized, be received and filed. POD /C'eC�i/ Councillor A. Vincent stated that he would like to know when a ticket is paid or excused, that card is lifted from the folder,how the Chief of Police would know unless he personally checked the constables day book. He stated he feels there is nothing run more loosely in this City than the ticket violation system. Councillor Higgins stated that maybe a report from the Chief on the operation and consistency of that Department would be On motion of Councillor A. Vincent • Seconded by Councillor Green RESOLVED that the Presidents of the three minor hockey Associations be heard at this time regarding the matter under discussion-:. Question being taken, the motion was lost with a majority of the Council members present voting "nay ". It was agreed that questions would be asked of the three presidents through their spokesman, Dr. Simon. Mr. Dolan stated that he feels that the comment in the brief referred to by Councillor Kipping now appears very strong and that it was meant to point out that no matter what the fee it would mean ' additional time for the members of the Association which would take away from the children, and he apologized for the strong wording in this section of the brief. Dr. Lund stated that when the user fee principle for the proposed rinks was discussed, no mention was made of a $12.00 fee although the figure of $5.00 per hour was discussed. Dr. Simon reiterated that the Assoc- iations are opposed to the principle of user fees. Dr. Lund stated that in 1972 there was some discussion that a user fee would be implemented and at that time two of the three association presidents rejected this principle. Since that time, as president of his association, he realizes the time and effort put forth by the 170 volunteers 63P&J�^7/ for the youth of our city, and consequently, he has changed his mind and is against a user fee. i �4�_ Mr. Vaughan stated that the Association had not dealt with the complete Recreation Board and if it had done so, he felt their side of the story would have been brought out much better. He thanked the Council for /7S$LL°S, permitting the Associations the opportunity to do so this evening. Deputy Mayor Higgins stated that the brief be taken will under consideration and the Associations will be advised of the Council's decision. The Mayor re- entered the meeting and resumed the Chair in Common Council. On motion of Councillor MacGowan Seconded by Councillor Kipping ��RESOLVED y; that the letter from the City Manager with respect to the request to Common Council at its April 7th meeting from the Saint John Theatre Company to rent for a nominal fee T zr the Seamen's Mission building, submitting reports from the Building and Fire Inspectors on the condition of the // r! building, advising that before the necessary discussions could be completed with the Saint John Theatre Company /�Q'ead on the monies involved, Council again considered the matter at a meeting on April 21st, and passed a resolution that public tenders be called for the demolition of the Seamen's Mission and the adjoining buildings and that tenders have been called and will close on Wednesday, April 30th, for the Seamen's Mission building, which tender will be revised to include both buildings, and further advising that as there now appears to be a lively possibility of preserving this building for a productive use, it would seem premature to award any tender for demolition until this alternative has been thoroughly considered, be received and filed, and that any tenders Tev/dei'S received for demolition of the said building be returned unopened, until the alternative use of the building has been considered. Councillor Green stated that while the request of the Saint John Theatre Company for use of the t/ d fO�! O building is a laudable one, when he voted for the motion to acquire the said property to revitalize the area, he V feltthat,the� said building should be demolished due to its condition. Councillors Green and A. Vincent voted "nay" to the above motion. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that report for March of the Fire Department and the reports for February and March of the Street Division of the Works Department, be received and filed. �'1G��JOd'2�S Councillor Green commended the Works Department personnel for the excellent job they have done in repairing the City streets since the asphalt plant operations commenced. Councillor MacGowan suggested that the waste barrels should be painted before being placed out for the summer and was informed that this will be done. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that the Financial Statements for January and February be ceived and filed. On motion of Councillor Hodges Seconded by Councillor Higgins RESOLVED that the letter from the City Manager, submitting a report from the Fire Chief on assistance rendered by the Department in the matter of the phosphorous spill in Chipman, advising that this is another example of the expertise in the Saint John Fire Department and the assistance , [ which the City is ready to extend to neighbouring communities, be received and filed and the Fire Department be �gdS commended for their efforts in this regard. On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the letter from the City Manager, submitting reports of the Chief of Police and the Deputy Chief, with regard to the request of Common Council on April 21st that the Chief ��p+5 be instructed to investigate and report back to Council as to how two Bricklin cars that are being driven in ,G this area can have just a dealer's license on them when there is no dealer for the said cars in New Brunswick, AAl �leo°S the report of the Chief of Police advising that there is no record of any Bricklin people having meter tickets pt/ 0® cancelled and that from the 1st to the 14th of April 1975 employees of Bricklin Canada Ltd. were allowed to park � J in the Industrial Drive as the Bricklin grounds could not be driven on because of the thaw, and advising for v/ O •6p4V information that the dealer plates have been issued to this company by the Motor Vehicle Branch of the Province of New Brunswick, and authority for ten sets can be authorized, be received and filed. POD /C'eC�i/ Councillor A. Vincent stated that he would like to know when a ticket is paid or excused, that card is lifted from the folder,how the Chief of Police would know unless he personally checked the constables day book. He stated he feels there is nothing run more loosely in this City than the ticket violation system. Councillor Higgins stated that maybe a report from the Chief on the operation and consistency of that Department would be 508 \ Court. r/• V l nce Seconded by Councillor Green '�arkin9 in order rather than making allegations. Councillor A. Vincent stated his experience has been that not RESOLVED /n�^ everyone pays parking tickets and he suggested that it should be placed on the agenda of the Cities of / h9 New Brunswick meeting regarding an education programme for the public by the Motor Vehicle Branch re g- • O.F' N -B. arding dealer's licenses rather than citizens alleging violations of the use of the said licenses. Planning Advisory Committee for a report and recom- /YJotor l/e6iic %fir. On motion of Councillor M. Vincent le the railway property and the property owned by Strescon Limited; (3) through the Strescon property there are 4 separate sections of pipe varying from a 30 -inch corrugated steel pipe to a 36 -inch concrete pipe - Seconded Seconded by Councillor Higgins RESOLVED that the report from the City Manager and the Executive RESOLVED that the report on tenders received for the supply of Director of Operations regarding a petition from residents on McCavour Drive for a sidewalk, advising 1ei7de/*s re that an inspection was made of the frontage of the homes on the north side of McCavour Drive; that the /k. curbing and landscaping of this area have been included in the Works Department proposals for the 1975 siale w� capital budget, however, the installation of a sidewalk was not included in the budget; that the entire length of McCavour Drive on the south side has a sidewalk and it was felt that this is sufficient in any ' (•O� residential subdivision; and that the petitioners' fear regarding the through traffic on McCavour Drive C!u r� should be alleviated or even eliminated as soon as the new Traffic By -Law is put into effect in the next fw7 ho(scapi n� two or three weeks, and recommending that curbing and landscaping on the north side of McCavour Drive be RESOLVED 1 included in the 1975 capital budget, be received and filed and the recommendation adopted. PSCOi/ �G Councillor MacGowan stated she would go along with the above recommendation but would ask that Capita/ a cost estimate be prepared of constructing the requested sidewalk on this street. ' On motion of Councillor Cave ' On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that the letter from the City Manager and the Executive RESOLVED ✓ Onh �/lUI9�eJS Director of Operations, with respect to the Council's request that the Works Department immediately investigate and make a report to Council on a flooding condition at property at 451 Rothesay, owned by / h9 Mr. John Thomas, advising that an investigation was carried out and the following observations made: (1) %15_1 OTi/! e�y there is an open drainage ditch adjacent to Mr. Thomas' property running from Rothesay Avenue to the rear Planning Advisory Committee for a report and recom- • of his property which backs onto the Canadian National Railway tracks; (2) there is an open ditch between On motion of Councillor MacGowan the railway property and the property owned by Strescon Limited; (3) through the Strescon property there are 4 separate sections of pipe varying from a 30 -inch corrugated steel pipe to a 36 -inch concrete pipe - these four sections of pipe are separated by three openings in the yard and in the vicinity of two of these openings there is a large aggregate pile; further advising that in January a report was submitted RESOLVED that the report on tenders received for the supply of by the City Manager to Council on the Marsh Creek -Glen Falls flooding which recommended the approval of 1ei7de/*s playground equipment be laid on the table until an immediate clearing of the Marsh Creek and that a three -year program of construction for improvement "Ce o?d for the Marsh Creek be prepared for consideration in the 1975, 1976 and 1977 capital budget and that this immediate clean -up was undertaken and a report was submitted to Council approximately one month ago; and that that section of the report, dealing with capital improvements in the Eastmount area and in particul- On motion of Councillor Cave ar the replacement of a trunk sewer through the Strescon yard, has yet to be approved in the 1975 capital budget and therefore, the work has not commenced; that some clearing of the drainage ditch adjacent to ' Mr. Thomas' property can be undertaken, however, other necessary clearing of this channel should be RESOLVED 1 undertaken by Strescon Limited as it is within their property limits and removal of any materials in this PSCOi/ �G line will aid in the flow of the water and thus, help the flooding problem, be received and filed and Capita/ referred to the capital budget for consideration. ' Councillor Pye stated he would like at this time to propose three resolutions with respect to �OUh the above matter, however, on the advice of the Council members, Councillor Pye agreed to consult with ll�,IIZZ0 the City Solicitor before presenting such resolutions for consideration by Council. In reply to a query from Councillor A. Vincent, the City Manager advised that the capital budget meeting will commence in approximately two weeks time. On motion of Councillor MacGowan On motion of Councillor Higgins Seconded by Councillor Hodges ' RESOLVED that the letter from the City Manager with regard to the C t T7a%%y account from James F. Harris Limited, in the amount of $6,684.30, for professional services in connection td with the Market Square development project, which was laid on the table at a Council meeting held on A�}9 nke April 14th last, explaining the function of the Co- ordinating Committee of the partnership, and the cost - ,PP0 eCt sharing involved in the matter, and advising that the procedures followed have been according to the policy adopted by Council in all respects, and recommending that the account be taken from the table and authorized for payment, be received and filed: AND FURTHER that authority be granted for payment of the account received from James J. Harris �% OV Limited in the total amount of $6,684.30, for professional services rendered to January 29th, 1975 in connection with the Market Square Redevelopment Project, the approval of the Partnership for payment of • �0 v G^�• this account having been acknowledged, and that the account be charged against the project and shared in the usual way. Councillor A. Vincent voted "nay" to the above motion. A Seconded by Councillor Hodges 15774e.#v / ale RESOLVED that the letter from Mr. Andrew W. Keating requesting / h9 permission for a further period of one year to locate a mobile home on his property at South Bay which is // �06 //e Xo47e being occupied by his mother, be referred to the mendation. Planning Advisory Committee for a report and recom- • On motion of Councillor MacGowan Seconded by Councillor Hodges d RESOLVED that the report on tenders received for the supply of 1ei7de/*s playground equipment be laid on the table until legible copies of the bid summary are supplied to the "Ce o?d council members. �9iG ✓ /�O.�JeKZ` On motion of Councillor Cave Seconded by Councillor Green ' RESOLVED that as recommended by the City Manager and the Purchasing Agent, tenders be awarded for supplying trucks to the various City departments, in accordance with the �fw�^ J4�S recommendations contained in the submitted bid summary. On motion of Councillor Higgins Seconded by Councillor Hodges ' RESOLVED that the letter from the City Manager with regard to the C t T7a%%y account from James F. Harris Limited, in the amount of $6,684.30, for professional services in connection td with the Market Square development project, which was laid on the table at a Council meeting held on A�}9 nke April 14th last, explaining the function of the Co- ordinating Committee of the partnership, and the cost - ,PP0 eCt sharing involved in the matter, and advising that the procedures followed have been according to the policy adopted by Council in all respects, and recommending that the account be taken from the table and authorized for payment, be received and filed: AND FURTHER that authority be granted for payment of the account received from James J. Harris �% OV Limited in the total amount of $6,684.30, for professional services rendered to January 29th, 1975 in connection with the Market Square Redevelopment Project, the approval of the Partnership for payment of • �0 v G^�• this account having been acknowledged, and that the account be charged against the project and shared in the usual way. Councillor A. Vincent voted "nay" to the above motion. A r . 500 On motion of Councillor Hodges • Seconded by Councillor Higgins RESOLVED that the letter from the City Manager advising that for some Social months City staff have been co- operating with the Provincial Social Services Department, the United Way of A7hM/ " � Greater Saint John, and the Social Services Council of Greater Saint John in an effort to secure Federal funds `5v�1 to finance a Social Planning Study for the Saint John area, the purposes of such a study would be (a) to deter - ady mine the present needs and resources available for social services in the Saint John area, and in particular to Sack?loj ep- assess the respective responsibilities of the Provincial Department of Social Services, the City of Saint John l/jces e and the voluntary sector in the delivery of services; (b) to estimate the future demands and trends of social / /!O'bl/) service in the light of the extensive economic and physical changes which are now occurring in the City; and (c) ' �ffd1l'�4e p � to establish the framework whereby the Province, the City and the voluntary sector can plan the most effective possible system for the delivery of services to meet present and future needs, and further advising that while it is the intention to seek Federal assistance, and while the Provincial Social Services Department has in- .cJOd /����/f/ dicated an interest in making a financial contribution to the cost of the study, it should be recognized that the City may also have to make a financial commitment to the study, which commitment remains to be negotiated CTp�c7L�0 �• with the other participating agencies, and the Federal Government, but is not likely to be more than 25% or 33% of the total project cost, estimated at $60,000.00 or $70,000.00 and recommending (a) approval in principle of the Social Planning study, subject to satisfactory arrangements on financing from the various funding authorities; �C•d- �Y1�11�D (b) approval of the appointment of L. J. D'Amore & Associates Ltd. to design the study, assist the participating S��SSC3°. =t• agencies in application for Federal funds, and carry out the study under the auspices of the Management Committee; and (c) designation of an interested Councillor, and Mr. Murray Zides, to sit on the Management Committee as the City's representatives. be received and filed and the recommendations adopted. Councillor A. Vincent noted that the address of the said L. J. D'Amore & Associates Ltd. firm is not included in the report and the City Manager replied that this is a Montreal company. In reply to a further query from Councillor A. Vincent, the City Manager stated that the recommendation is to give approval in prin- ciple to the study subject to satisfactory arrangements regarding financing from the other levels of government. Councillor A. Vincent stated he believes this is an awful amount of money and he suggested there are groups in the local area who could undertake such a study and that he is one hundred per cent opposed to this recommend- ation. Councillor Kipping stated that social planning is a very complex matter and he feels the Council should • approve the recommendations of the City Manager. Councillor Green noted that the Social Services Council receives a grant from the City of Saint John, and was set up to do exactly what is suggested in this report and he feels there is enough expertise in Saint John to carry out such a study. He further stated he feels the responsibility for social planning rests upon the Provincial Government and not the City. Mr. Zides outlined the efforts of the committee studying the presentations of the five consulting firms and advised it was felt that the firm being recommended was the best choice. He stated that this is a four -phase programme - the preparation of a submission by the consultants to the governments to obtain finan- cing, the preparation of the study design that would be acceptable to the three levels of government, the obtaining of financing to do the study and finally, to undertake the study itself. Question being taken, the motion was carried with Councillors A. Vincent, Green, MacGowan and Pye voting "nay ". The Mayor stated there will be a demonstration of a new type of equipment in Moncton which may be useful to the City and he would request that approval be given for Council representatives to view same. On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that the following resolution be adopted, namely: - "WHEREAS a new type of portable hot asphalt mixing equipment has become available on the commercial M/ /( / market; eyw:p,� AND WHEREAS such equipment might be of substantial assistance in solving the annual problem of potholes on City streets during the winter months: /� NOW THEREFORE BE IT RESOLVED that the Mayor be authorized to appoint a Council committee of three 40 L Ommiti(ee members for the purpose of investigating this new equipment and the feasibility of acquiring it for the 1976 .Z`D %vej — winter season, such committee to have the power to secure the services of City staff to assist them in the &� P e investigation. ". e�zC/s• of 5.?Pw s On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that the letter from the Planning Director, with regard to the proposed amendments to the Subdivision By -Law, advising that one kind of zone has been inadvertently omitted I XwC »•//js from earlier typings of the draft by -law, be received and filed and authority be granted for the insertion of the letter "I -R" between "B -3" and "I -1" in amendment 3 of Section 25 (1) in the first listing under the title, "Class of Subdivision ". On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the by -law entitled, "A By -Law to Amend A By -Law to Regulate I%l /.S /O the Subdivision of Land Within The City of Saint John ", be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled, "A By -Law to Amend A By -Law to Regulate the Subdivision of Land Within The City of Saint John ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Cave Seconded by Councillor Green RESOLVED that the letter from the Planning Advisory Committee, dated April ryry�� //J/ 15th, 1975, submitting a plan of the proposed Highmeadow Park development, Phase II, showing the proposed back - / /1?00-PlwUms to -back townhouses, and also submitting for the information of Council excerpts from the National Building Code C'OI�!/7f• pertinent to exits from floor areas of buildings, and advising that the new 1975 National Building Code, which •����� the City has not yet adopted, contains only a minor change in the wording relative to such provisions; and advising that without attempting in any way to interpret these regulations, one would have to assume that it is 9�5.e on the strength of these provisions that the City allowed the back -to -back townhouses which now exist at Leigh- side Park; that the question of whether the City's Building By -Law should, or could, be amended to provide a regulation other than that contained in the National Building Code would require a staff review and a report Code 51« Cif i y Mr. Barfoot stated he would submit the appropriate item to Council with regard to the above resolution. Code =746: z O Councillor A. Vincent suggested that as Councillor MacGowan has expressed her opposition to one -exit dwellings, he feels strongly that the City should present a brief to the National Research Council (O tie urging that the Code be changed. Councillor MacGowan noted that the Canadian Federation of Mayors and Municipalities has already made such a presentation, at the suggestion of the City of Saint John. �/���� �GS Councillor Davis stated that it is not mandatory for the City to adopt every section of the Code but he , noted that the Code is developed so that the distance to an exit is so many feet and if one exit will COU achieve this then it is permissible. man. /766,4? s. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor with respect to �j Council's request of April 21st last that the Market By -Law be examined with respect to the terms of reference of the Market Committee and Council's involvement in matters dealt with by the Committee, / advising that under the By -Law, the Market Committee is merely an advisory committee to the Common ke e- Comm Council and Council can only delegate administrative duties to committees and that matters such as leasing space and terminating leases has to be a decision of the Common Council and cannot be delegated 6/j rY7 to a committee, and further advising that with respect to the C.F.B.C. sign presently located in the City ,lease Market, he can find no record or documentation to establish when the sign was erected or under what terms • f� and conditions it was permitted and he has contacted a representative of C.F.B.C. radio station and has been informed that they will remove the sign immediately if Council so wishes, be received and filed. �%%g7rl► e G It was noted that the sign referred to in the above resolution is to be removed. On motion of Councillor Kipping Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor submitting the ' fees with respect to the City's.nominee, Mr. Thomas McGloan, and of the Chairman of the recent Board of f�rb� trioy.B Arbitration under the agreement between the City of Saint John and the Saint John Policemen's Protective pees (tax /� Association, Local No. 61, C.U.P.E. and advising that the City is responsible for one -half of the total ��//JJ amount (the total amount being $10,600.37 and $2,160.41 respectively) and advising that there is no �O/Gt�S A& provision for taxing these fees and that Section 27 of the Arbitration Act does not apply in this case - S' /O/�Cevvej/7�S and that arbitrations established under the City's Working Agreements are governed by the Industrial b�.p7SSOC.�/YO Relations Act, and there is no schedule of fees established - and further advising that as the amounts of these individual fees do not exceed $2,000.00, Council approval has not been requested, and such fees are ATr6iiir /oh i90 normally approved for payment by the Legal Department with such fees falling under the budget of that YwefLsr,�P %71 Department, and further advising that he has discussed the budgeting of fees in this regard on previous , we/at6 1,0H5 !7 Cz` occasions with the City Manager and Commissioner of Finance and it was decided that fees of this nature would be budgeted for as far as possible and included in the budget of the Legal Department, which letter was laid on the table by Council at its meeting held on April 14th last for another legal opinion, be now taken from the table and filed. Councillors Green and A. Vincent voted "nay" to the above motion. On motion of Councillor Kipping Seconded by Councillor A. Vincent • RESOLVED that the matter of payment of the City's share of the invoices referred to in the above resolution be added to the agenda of this meeting. On motion of Councillor Kipping 77Q/" -fees ( G°/'�LJS' Seconded by Councillor A. Vincent _K/ RESOLVED that authority be granted for payment of the City's Councillors Gould and MacGowan voted "nay" to the above motion. ��I%'/p from the City Manager; that the submitted plan of the said proposed development shows the area for play ' /0l!/ 7 'f or recreation to be implemented by the developer; that Section 101 of the Community Planning Act provides (� C/ iy YOr that, where any developer proposes to establish conditions for a development that are additional to those • JO//i!'/ required by the Zoning By -Law, the Council may enter into an agreement with the developer to assure the CoL6.oAjC/1 re'sou - performance of the said conditions - this agreement can be made binding on any subsequent owner of the ¢/ Oh 61a/'i ed land to which the agreement pertains until discharged by the City -- be taken from the table and as COQ e recommended in the Committee's letter dated April 3rd, 1975, the Common Council resolution of June 25th, 1973 be varied with respect to Highmeadow Park development to permit development of Phase II in accord- ,�wi /di rig ance with the plans submitted by Shamrock Realty Ltd. • AVCouncillor MacGowan proposed a motion, which was not seconded, that the above matter be tabled for another week to see whether the City's Building By -Law could or.should be amended as she is not satisfied with the National Building Code or the new Code. ' In reply to a query from Councillor Cave, Mr. Zides stated there are some buildings like those proposed, in Saint John now. Councillor MacGowan noted that this Council, the Cities of New Brunswick and the Canadian Federation of Mayors and Municipalities passed resolutions on the matter of one -exit residences and that we have several women's groups in the City who are also opposed to such dwellings being constructed. Cif i y Mr. Barfoot stated he would submit the appropriate item to Council with regard to the above resolution. Code =746: z O Councillor A. Vincent suggested that as Councillor MacGowan has expressed her opposition to one -exit dwellings, he feels strongly that the City should present a brief to the National Research Council (O tie urging that the Code be changed. Councillor MacGowan noted that the Canadian Federation of Mayors and Municipalities has already made such a presentation, at the suggestion of the City of Saint John. �/���� �GS Councillor Davis stated that it is not mandatory for the City to adopt every section of the Code but he , noted that the Code is developed so that the distance to an exit is so many feet and if one exit will COU achieve this then it is permissible. man. /766,4? s. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor with respect to �j Council's request of April 21st last that the Market By -Law be examined with respect to the terms of reference of the Market Committee and Council's involvement in matters dealt with by the Committee, / advising that under the By -Law, the Market Committee is merely an advisory committee to the Common ke e- Comm Council and Council can only delegate administrative duties to committees and that matters such as leasing space and terminating leases has to be a decision of the Common Council and cannot be delegated 6/j rY7 to a committee, and further advising that with respect to the C.F.B.C. sign presently located in the City ,lease Market, he can find no record or documentation to establish when the sign was erected or under what terms • f� and conditions it was permitted and he has contacted a representative of C.F.B.C. radio station and has been informed that they will remove the sign immediately if Council so wishes, be received and filed. �%%g7rl► e G It was noted that the sign referred to in the above resolution is to be removed. On motion of Councillor Kipping Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor submitting the ' fees with respect to the City's.nominee, Mr. Thomas McGloan, and of the Chairman of the recent Board of f�rb� trioy.B Arbitration under the agreement between the City of Saint John and the Saint John Policemen's Protective pees (tax /� Association, Local No. 61, C.U.P.E. and advising that the City is responsible for one -half of the total ��//JJ amount (the total amount being $10,600.37 and $2,160.41 respectively) and advising that there is no �O/Gt�S A& provision for taxing these fees and that Section 27 of the Arbitration Act does not apply in this case - S' /O/�Cevvej/7�S and that arbitrations established under the City's Working Agreements are governed by the Industrial b�.p7SSOC.�/YO Relations Act, and there is no schedule of fees established - and further advising that as the amounts of these individual fees do not exceed $2,000.00, Council approval has not been requested, and such fees are ATr6iiir /oh i90 normally approved for payment by the Legal Department with such fees falling under the budget of that YwefLsr,�P %71 Department, and further advising that he has discussed the budgeting of fees in this regard on previous , we/at6 1,0H5 !7 Cz` occasions with the City Manager and Commissioner of Finance and it was decided that fees of this nature would be budgeted for as far as possible and included in the budget of the Legal Department, which letter was laid on the table by Council at its meeting held on April 14th last for another legal opinion, be now taken from the table and filed. Councillors Green and A. Vincent voted "nay" to the above motion. On motion of Councillor Kipping Seconded by Councillor A. Vincent • RESOLVED that the matter of payment of the City's share of the invoices referred to in the above resolution be added to the agenda of this meeting. On motion of Councillor Kipping 77Q/" -fees ( G°/'�LJS' Seconded by Councillor A. Vincent _K/ RESOLVED that authority be granted for payment of the City's Councillors Gould and MacGowan voted "nay" to the above motion. On motion of Councillor Higgins ' Seconded by Councillor Gould (� C/ iy YOr RESOLVED that the letter from the City Solicitor, advising that on JO//i!'/ December 3rd, 1973 the Council adopted the National Building Code of Canada 1970 and that when the x^^,, . �iJ / Aw', National Building Code of Canada, 1975, becomes officially available for adoption, the Building By -Law We for the City ought to be amended to adopt the 1975 National Building Code or any portion thereof, and COQ e that any subsequent amendments to the National Building Code 1975 will not require amendments to the City's by -law, once the Code is adopted, and further advising that as the Code or any portion thereof may ,�wi /di rig be adopted, the matter ought to be referred to the City Manager in the event it is not desirable to adopt the Code in its be filed. • y- entirety, received and Councillor A. Vincent suggested that the proper legal steps should be taken to adopt the National Building Code 1975 and all amendments thereto. Mr. Rodgers advised that if the new Code is now available it should be adopted in the City's Building By -Law, however, if in 1976 there are amendments to the 1975 Code, those amendments do not require adoption by Council. Cif i y Mr. Barfoot stated he would submit the appropriate item to Council with regard to the above resolution. Code =746: z O Councillor A. Vincent suggested that as Councillor MacGowan has expressed her opposition to one -exit dwellings, he feels strongly that the City should present a brief to the National Research Council (O tie urging that the Code be changed. Councillor MacGowan noted that the Canadian Federation of Mayors and Municipalities has already made such a presentation, at the suggestion of the City of Saint John. �/���� �GS Councillor Davis stated that it is not mandatory for the City to adopt every section of the Code but he , noted that the Code is developed so that the distance to an exit is so many feet and if one exit will COU achieve this then it is permissible. man. /766,4? s. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor with respect to �j Council's request of April 21st last that the Market By -Law be examined with respect to the terms of reference of the Market Committee and Council's involvement in matters dealt with by the Committee, / advising that under the By -Law, the Market Committee is merely an advisory committee to the Common ke e- Comm Council and Council can only delegate administrative duties to committees and that matters such as leasing space and terminating leases has to be a decision of the Common Council and cannot be delegated 6/j rY7 to a committee, and further advising that with respect to the C.F.B.C. sign presently located in the City ,lease Market, he can find no record or documentation to establish when the sign was erected or under what terms • f� and conditions it was permitted and he has contacted a representative of C.F.B.C. radio station and has been informed that they will remove the sign immediately if Council so wishes, be received and filed. �%%g7rl► e G It was noted that the sign referred to in the above resolution is to be removed. On motion of Councillor Kipping Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor submitting the ' fees with respect to the City's.nominee, Mr. Thomas McGloan, and of the Chairman of the recent Board of f�rb� trioy.B Arbitration under the agreement between the City of Saint John and the Saint John Policemen's Protective pees (tax /� Association, Local No. 61, C.U.P.E. and advising that the City is responsible for one -half of the total ��//JJ amount (the total amount being $10,600.37 and $2,160.41 respectively) and advising that there is no �O/Gt�S A& provision for taxing these fees and that Section 27 of the Arbitration Act does not apply in this case - S' /O/�Cevvej/7�S and that arbitrations established under the City's Working Agreements are governed by the Industrial b�.p7SSOC.�/YO Relations Act, and there is no schedule of fees established - and further advising that as the amounts of these individual fees do not exceed $2,000.00, Council approval has not been requested, and such fees are ATr6iiir /oh i90 normally approved for payment by the Legal Department with such fees falling under the budget of that YwefLsr,�P %71 Department, and further advising that he has discussed the budgeting of fees in this regard on previous , we/at6 1,0H5 !7 Cz` occasions with the City Manager and Commissioner of Finance and it was decided that fees of this nature would be budgeted for as far as possible and included in the budget of the Legal Department, which letter was laid on the table by Council at its meeting held on April 14th last for another legal opinion, be now taken from the table and filed. Councillors Green and A. Vincent voted "nay" to the above motion. On motion of Councillor Kipping Seconded by Councillor A. Vincent • RESOLVED that the matter of payment of the City's share of the invoices referred to in the above resolution be added to the agenda of this meeting. On motion of Councillor Kipping 77Q/" -fees ( G°/'�LJS' Seconded by Councillor A. Vincent _K/ RESOLVED that authority be granted for payment of the City's I 511 L OH'Ii77/ Seconded by Councillor A. Vincent 'Te/ODi'z 057 RESOLVED that the Report on the Organization Study be laid on the L / table'for two weeks and that the Mayor and City Manager be asked to arrange a meeting for study of the said c� /L / Repo-rt by the Common Council. e/�kQ L� ✓ Read a letter from Councillor Eric Kipping, Chairman of the City Hall Building Committee, dated April 28th, 1975, regarding several matters which were discussed at a meeting of the said Committee held on April 17th last. On motion of Councillor Green 1!wACK f1w. Seconded by Councillor Davis epees RESOLVED that authority be granted to have the large wooden City crest and • 0� the stained glass crest in the old Council Chamber moved to the City Hall building, to be mounted in a location agreeable to the owners of the building. On motion of Councillor Higgins Seconded by Councillor Gould [ RESOLVED that authority be granted for the City Hall Building Committee to contact Mr. Claude Roussel of St. Anselme, N. B., regarding refurbishing of the color in the design on the black Ohdq� o facade of the City Hall building. ���jj�/ Discussion ensued on the black facade on the front of the City Hall building. Councillor A. Vincent C16tG�e i-TG& asked that the City Hall Building Committee investigate having a mosiac or ceramic light tile for this portion of the building and Councillor Kipping stated that this would have to be discussed with the building owners and / C /7 O that he will bring this suggestion before the Committee for consideration. c,•�y ��pai/ 0'9 On motion of Councillor Green Seconded by Councillor Gould RESOLVED that the letter from Councillor Eric Kipping, Chairman of the City Hall Building Committee, with regard to the matters referred to in the previous two resolutions, and advising that a discussion was held about the decor and condition of the corridor walls, the elevators and some %% private offices in City Hall and that the matter of refurbishing requires clarification and the Committee is G�COJr�J OFb arranging for this clarification so as to recommend what should be done and by whom; and further advising that the general matter of disposition of the furniture and furnishings in the old City Hall is to be considered at a forthcoming meeting of the Committee, as well as the matter of the annual City Hall art exhibit, which will be P_ i+r� s. held in the fall rather than during Loyalist Days this year, and that a further report on these matters will be Vt�vur/, /� •�/ submitted to Council within three weeks, be received and filed. �ihT n/ Councillor A. Vincent asked that the matter of the noisy fan in the Red Room be looked into and Councillor Kipping agreed he would investigate this matter. ,Qmyd' On motion of Councillor Higgins Reyc J ROOM Seconded by Councillor Gould A7.A? RESOLVED that the letter from the Planning Advisory Committee with regard to the request from Mr. G. A. LeBlanc of the Lakewood Grocery, Loch Lomond Road, for permission on behalf of share of the invoices received with respect to the said Board of Arbitration. • 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 begs leave to report that it sat on April 21st, 1975 when there were present Mayor �/i,��' Flewwelling and Councillors Green, Hodges, Kipping, MacGowan, Pye, A. Vincent and M. Vincent, and your Committee '( J"0/4E begs to submit the following report and recommendation, namely: - That in accordance with the recommendation of the City Manager, the former new Council Chamber in the /S O ground floor of the old City Hall building be rented to Loyalist Days, Inc. at $1.75 per square foot for a total 31�Q s -ZMC. of $2,259.00 per annum, this amount to be considered as one of the services provided by the City for Loyalist 0,//��'t� Days, Inc. szuee Respectfully submitted, 28th April, 1975, (sgd.) E. A. Flewwelling, ' Saint John, N. B. C h a i r m a n. On motion of Councillor Green Seconded by Councillor Pye RESOLVED that the above report be received and filed and the recommendation contained therein adopted. Read a letter from Councillors Davis, Hodges and Cave submitting the Report on the Organization Study which they were asked to prepare, advising that on page 61 of the text of the report certain recommendations are • made to Council, as follows: adopt the Departmental Organizations as described in this report; approve the staff changes, titles and new positions that are proposed; appoint a Commissioner of Community Planning and Develop- ment; adopt the Committee of Councillors system and make the appointments; increase the stipend for Councillors; and order that a report be prepared dealing with space requirements and related matters, and advising that these recommendations should be adopted by Council. Discussion ensued on the method to be followed in studying the said report and it was the consensus of the meeting that any study should be done at a public meeting. Councillor Davis, Chairman of the said Council committee, noted that the report recommends 68 new positions within the establishment, which positions cannot be filled until a budget meeting is held, and he elaborated on the committee's recommendations. The Mayor commended Councillor Davis and the members of the Council committee for the study and preparation of this excellent report. On motion of Councillor Davis L OH'Ii77/ Seconded by Councillor A. Vincent 'Te/ODi'z 057 RESOLVED that the Report on the Organization Study be laid on the L / table'for two weeks and that the Mayor and City Manager be asked to arrange a meeting for study of the said c� /L / Repo-rt by the Common Council. e/�kQ L� ✓ Read a letter from Councillor Eric Kipping, Chairman of the City Hall Building Committee, dated April 28th, 1975, regarding several matters which were discussed at a meeting of the said Committee held on April 17th last. On motion of Councillor Green 1!wACK f1w. Seconded by Councillor Davis epees RESOLVED that authority be granted to have the large wooden City crest and • 0� the stained glass crest in the old Council Chamber moved to the City Hall building, to be mounted in a location agreeable to the owners of the building. On motion of Councillor Higgins Seconded by Councillor Gould [ RESOLVED that authority be granted for the City Hall Building Committee to contact Mr. Claude Roussel of St. Anselme, N. B., regarding refurbishing of the color in the design on the black Ohdq� o facade of the City Hall building. ���jj�/ Discussion ensued on the black facade on the front of the City Hall building. Councillor A. Vincent C16tG�e i-TG& asked that the City Hall Building Committee investigate having a mosiac or ceramic light tile for this portion of the building and Councillor Kipping stated that this would have to be discussed with the building owners and / C /7 O that he will bring this suggestion before the Committee for consideration. c,•�y ��pai/ 0'9 On motion of Councillor Green Seconded by Councillor Gould RESOLVED that the letter from Councillor Eric Kipping, Chairman of the City Hall Building Committee, with regard to the matters referred to in the previous two resolutions, and advising that a discussion was held about the decor and condition of the corridor walls, the elevators and some %% private offices in City Hall and that the matter of refurbishing requires clarification and the Committee is G�COJr�J OFb arranging for this clarification so as to recommend what should be done and by whom; and further advising that the general matter of disposition of the furniture and furnishings in the old City Hall is to be considered at a forthcoming meeting of the Committee, as well as the matter of the annual City Hall art exhibit, which will be P_ i+r� s. held in the fall rather than during Loyalist Days this year, and that a further report on these matters will be Vt�vur/, /� •�/ submitted to Council within three weeks, be received and filed. �ihT n/ Councillor A. Vincent asked that the matter of the noisy fan in the Red Room be looked into and Councillor Kipping agreed he would investigate this matter. ,Qmyd' On motion of Councillor Higgins Reyc J ROOM Seconded by Councillor Gould A7.A? RESOLVED that the letter from the Planning Advisory Committee with regard to the request from Mr. G. A. LeBlanc of the Lakewood Grocery, Loch Lomond Road, for permission on behalf of 0 '12 2 ? /Qnn , f%dvi's_ 00,0"M / W"le homes Aeiv..C. tl moii /e %/ome Td/z4 ,%Xie'* C%7a7MP /•�I h sits. AssOC. zy y iot. �a�/ �% 6uct9ez We- zoning Pk.*v& 9dv�• a� /YI. Slaw � hccnn� J sortr�nd 19n1/>AipI 4?escw& /�we ..D09 Jy -.?w ' T. Ileri t4 2_q Trust Tr. 6f/M ..St• 6 /dgs. Press -& on -t-, I'QHd `9 r" rim u/ahis `rt, G'a /�v eCtd. C..O/hIY/. /'1P3C /nded �Md Comer„ three individuals from Montreal who have been employed by the Irving Oil Refinery, to place their travel trailers on his land on the Loch Lomond Road, advising that a total of 26 neighbouring property owners were surveyed in order to obtain their views whether they were for or against the application, and that of sixteen replies received, thirteen were opposed to the application, and that the evidence presented by the objectors along with the fact that along this portion of Loch Lomond Road conventional single - family dwellings predominate which leads the Committee to believe that the type of use proposed should not be introduced into the area, and recommending that the Council therefore not approve the application, be received and filed and the recommendation adopted. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee with regard to the application of Mrs. L. A. Richard for the permanent placement of a mobile home at 418 Ilford Road, advising that the Common Council has the authority to permit the temporary placement of a mobile home for a period not exceeding one year, at the end of which the mobile home must be removed, and that the Planning Advisory Committee may, subject to limitations in the Zoning By -Law and existing policies, permit a mobile home on a permanent basis and that the Committee has resolved that it cannot permit the mobile home at 418 Milford Road, the zoning being "R -2" in which mobile homes are not per- mitted. and further advising that there was also a concern expressed by the Committee about the continued unauthorized expansion of the Kierstead Mobile Home Park including a driveway connection to Milford Road and it was thought that even if it were legally possible at allow Mrs. Richard to relocate the mobile home to lot #418, because it is next to this unapproved portion of Kierstead's Mobile Home Park is to give credence to the illegal establishment of the Park, and further advising that this portion of the Milford Road is within the built -up portion of the City and contains several conventional homes and a mobile home would be undesirable, be received and filed. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that the letter from Mrs. Judith Baxter, Recreation Chairman of the Champlain Heights Association, stating there is a proposal in the capital budget for a family play lot on Robar Court /Swanton Street which is a project that the Association has been waiting for for several years, be received and filed and referred to the capital budget as a priority item. On motion of Councillor Cave Seconded by Councillor Green RESOLVED that the application from Millidgeville Estates Ltd. for re- zoning of property on the north side of University Avenue to permit the subdivision of land for the construction of 3 storey apartments on two parcels of slightly over two acres each, and 60 one- or two - family dwellings, be referred to the Planning Advisory Committee for a recommendation and that authority be granted to proceed to advertise the requested re- zoning. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the letter from Mrs. M. Shaw of the South End with regard to the problem of dogs running at large in the South End of the City, be referred to the Animal Rescue League for action. Councillor Kipping stated that he would like to have a report from the Animal Rescue League as to what their difficulties are in enforcing the Dog By -Law. Councillor Higgins stated that he was chairman of a committee which drafted the present By -Law and that the problems can be solved by having more equipment, more personnel, more kennels, etc. and he noted that an extremely high amount is budgeted by the City each year to catch stray dogs in the City, although he would like to receive the report re- quested by Councillor Kipping. On motion of Councillor Gould Seconded by Councillor Davis RESOLVED that the letter from Saint John Heritage Trust, stating that from an historic and aesthetic point of view Prince William Street is one of our most exciting streets which contains heritage buildings of a variety of styles, all rich in architectural details and that in the past, this street was the centre of commerce and business for not only Saint John but much of New Brunswick, requesting that Council give consideration to the retention and functional preservation of this important street and urging the retention and redevelopment of all buildings on the street and advising that Saint John Heritage Trust would be willing to actively assist in the development of a proposal in this respect, be received and filed. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from Councillor Samuel Davis, Chairman of the Land Committee, regarding property on Kiwanis Court, behind lots on Thornborough Street, which was authorized by Council resolution of April 21st last to be advertised for proposed re- zoning for Caldo Ltd. to permit construction of five two - family homes, and that at that time Council was assured that this parcel of land had been advertised for development proposals by the Housing Commission, however he now discovers that the property which was given to the Housing Commission was that located to the rear of Kiwanis Court and not the five lots referred to in the above resolution, and advising that the Land Committee has several applications on file for the five lots on Kiwanis Court and he feels the only fair thing to do would be to have Council rescind their motion and return it to the Land Committee for resol- ution, be received and filed and the said Common Council resolution of April 21st last be rescinded and the said land be returned to the Land Committee for resolution. The Mayor noted that this piece of land was turned over to the Housing Commission on August 18th, 1974 for six months and they asked and were granted a further renewal of six months in February of this year. Councillor A. Vincent, a member of the Housing Commission, stated that the Commission did advertise the large piece of land but did not advertise the second piece of land as the Commission was privately negotiating with the New Brunswick Housing Corporation. He stated that the Commission is asking for the land to be re -zoned and then the Commission wants to,call proposals for it. Councillor Davis stated that the Land Committee has had applications for this land for some time from private citizens and that as Chairman of the Committee he stated that the Committee has an obligation to those citizens, and he does not see why the area should be re -zoned as there is ample room • • • 77 LI 0 F_ 513 for single family dwellings. He stated there are now two commissions or committees doing the same work and that • will not work. He stated that this land was turned over to the Commission for limited dividend housing under Section 15(1) of the National Housing Act and this could not be done and therefore the land should be turned over to the Land Committee. Councillor A. Vincent stated this was turned over to the Housing Commission to call for public proposals. Considerable discussion ensued on the matter and it was noted that a letter has been received from Mrs. B. E. Shaw, Co- Ordinator of the Housing Commission, submitting for Council's consideration the following resolutions which were adopted at a meeting of the Housing Commission held this date, namely: - "RESOLVED that the Common Council be informed that at the request of the Saint John Housing Commission, New Brunswick Housing Corporation is considering the feasibility of development of up to 100 public housing units on T.f/S�• the area of land north of Anglin Drive and proposes to continue with plans for public housing unless the Council e0 �� directs additional public housing is not to be located in this area: AND FURTHER the Housing Commission proposes to urge expedition of development of public housing on this site, public advertisement for proposals for private development having been made without any practical result." and "RESOLVED that the Common Council be advised that in view of growing interest in 5 lots of City land at Thornborough that the Commission now be authorized to advertise for proposals for development based on the proposed 2 family zoning, such proposals to be considered / fell t7la /► by the Housing Commission and Land Committee for a report and recommendation to Council. ". 4?nd -MmA !!5 Councillor M. Vincent withdrew from the meeting. Question being taken, the motion was carried with Councillors MacGowan and A. Vincent voting "nay ". On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that the letter from Mrs. B. E. Shaw, Housing Co- Ordinator of Ithe Housing Commission, referred to above; be added to the agenda of this meeting. On motion of Councillor MacGowan to S�// Seconded by Councillor A. Vincent C O -O /yc0 I RESOLVED that the said letter from Mrs. B. E. Shaw, Housing Co- • Ordinator of the Housing Commission, be received and filed: �o/f7i97• AND.FURTHER that the resolution contained in the said letter with respect to the New Brunswick Housing r�44 Corporation considering the feasibility of development of up to 100 public housing units on the area of land 1Y.!/1Sf-Co/70. north of Anglin Drive, be approved. Councillor Gould voted "nay" to the above resolution. Councillor Parfitt withdrew from the meeting. On motion of Councillor Higgins Seconded by Councillor Gould �iRh0 J e0-P17/i- RESOLVED that as recommended by the Land Committee, the City purchase 6o� py%/�c3G� 22,208 square feet of land and buildings from the Courtenay Iron & Brass Company which adjoins City property near Marsh Creek presently being occupied by the City maintenance plant, Sanitation Department and the carpenter e shop, for the sum of $50,000.00, such purchase allowing for expansion of the present site, if maintained. 00 ,(ea s e /5O - /6o 's" WM. • �pPi�S t wee C'assv�`a'/ C'ar7�,r /rte • On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the City staff be requested to meet with representatives of Saint John Theatre Company regarding the Seamen's Mission building on Prince William Street, and to deter - what action the said Company would be prepared to take within one week with regard to this building. Councillors Green and A. Vincent voted "nay" to the above motion. On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the brief submitted by the Central Minor Hockey Association, aster Minor Hockey Association and Simonds Minor Hockey Association regarding user fees for City -owned as be received and filed and that a committee of Council be appointed by the Mayor to answer the said brief, answer first having been approved by the Common Council before being forwarded to the said Associations. Councillor Gould voted "nay" to the above motion. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the matter regarding the request of Local 486, C.U.P.E. for ent of a Conciliation Officer, be dealt with in open session. Question being taken, the motion was defeated with Councillor A. Vincent voting "yea" and the re- of the Council members present voting "nay ". On motion The meeting adjourned. A4Z`%� Comm k. 514 ..l3anf� S�or: Ca /9ary, h QuO6p t/ Ohs o%CCC'� tC G� e9cc ism erlt 0,R.E.E. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fifth day of May, A. D. 1975, at 4.00 o'clock p.m. • present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Pye, Parfitt M. Vincent and A. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. Rodgers, ' City Solicitor, J. C. MacKinnon, Executive Director of Operations, S. Armstrong, Engineer with the Works Department, E. Ferguson, Police Chief, M. Zides, Municipal Planning Officer, A. Ellis, Building Inspector, and Constable Robert Epton, newly- appointed Public Relations Officer with the Police Department. The meeting opened with silent prayer. A report of the Mayor regarding his recent trip to Calgary, Alberta as a guest of the hotel I .nch of C. P. Rail and reporting on the official opening of the New Brunswick Room in the Banff Springs el and advising that a raised portion of this Room resembling a stage with pillars was named in honour Saint John, was distributed to the Council members for information purposes. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the above report be received and filed. On motion of Councillor Gould Seconded by Councillor Higgins • RESOLVED that as recommended by the City Manager, quotations awarded for supplying expendable playground equipment, in accordance with the recommendations contained the submitted bid summary. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that as recommended by the City Manager, approval be ed for payment of the following construction progress certificates and approved invoices for engin- g services regarding projects undertaken under the Department of Regional Economic Expansion pro - e:- �� /�b__/ a 1� 1. Milford- Randolph - Greendale Collector Sewer //nw- ems/! r—teve//ccd Gaspe Construction Ltd. , ?- Installation of sewers and pumping station allsewer Total value of contract $ 1,463,230.25 na hs6 Total work done, Estimate Number 1 44,300.00 s [7 // / Retention 15% 6,645.00 /.t� Payments previously approved Nil Sum recommended for payment, Progress Estimate Number 1, April 25, 1975 $ 37,655.00 2. Bayside Drive Reconstruction and Extension ^^�� Om7fS /We,CJf Murdoch- Lingley Limited iBCOhS��. �p Engineering Services (Property survey) Payments previously approved $ 15,908.30 M / Sum recommended for payment, Progress Certificate Number 14, to December 31, 1974 $ 310.50 • On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice from Stephen Construction Co., Ltd., dated May 1st, 1975, in the amount of $41,645.95, for supplying asphalt to the Works Department during the period April 16th to 30th, 1975. On motion of Councillor Gould Seconded by Councillor Higgins ' �Qlro / %rs RESOLVED that the Financial Statements for the month of March be _ eceived and filed. //..ew� c.�sX X?eee /jot On motion of Councillor Gould Seconded by Councillor Higgins ^� RESOLVED that the letter from the City Manager, submitting a , �/j1e10 eve report from Inspector John C. Dunham concerning a suggestion made by Constable Stuart Ellis, which has Own;e'., .5izt�67^k resulted in considerable savings in the operation of the Police Department, and advising that Chief Ferguson recommends that Constable Ellis be granted a $25.00 cash award for this suggestion, be received and filed, and as recommended in the said letter, Constable Stuart Ellis be commended for his idea and granted a cash e? / aWd� d award of $25.00, in accordance with Article 13 of the working agreement of Local 61, C.U.P.E. /7 On motion of Councillor MacGowan Seconded by Councillor Green �C9u�P /W eh I' RESOLVED that as recommended by the City Manager, authority be e / ranted for payment of the invoice from D. Hatfield Limited in the amount of $7,198.65, for the rental of • equipment to the Works Department during the period April lst to 15th, 1975• ✓7. f% eAd On motion of Councillor M. Vincent d� Seconded by Councillor MacGowan RESOLVED that the letter from the City Manager, advising that I • • Af�itcede Ne'Allde 114 X7vvr S .Y/!' � 400h7 Ay -AVIV 00�Qi5 Oi" o{�°ires SAAR o7fi01Y7 515 when the Dean Mobile Home Park was designated by the enactment of the Mobile Home Parks By -Law on August 7th, 1972, all of the property was included as shown on the submitted schedule "A" of the by -law, however, the front portion contained a service station and store which could have been and possibly should have been excluded; that the property, including the mobile home park portion is now owned by Altitude Enterprises Ltd. of 85 Germain Street who wish to use the slab foundation of the service station, which was destroyed by fire, to erect a small office, possibly a store, and some related warehousing, the size of the proposed building being 52 feet by 34 feet, and further advising that the company is unable to obtain a permit because the Mobile Home Parks By -Law does not provide for the kind of building they propose within a mobile home park and that it will be necessary to amend the By -Law to remove from Dean's Mobile Home Park that portion occupied by the building fronting on Ocean Westway or Highway #1, be received and filed and that the Mobile Home Parks By -Law be so amended, and that it be referred to the Legal Department for preparation of the necessary amendment. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law The City of Saint John and Amendments Thereto ", insofar as it concerns amending Section 68 (2) by adding a clause that will permit, with approval of the Planning Advisory Committee, offices for doctors or dentists an "RM -1" zone within 400 feet of a "B -3" zone, be read a third time and enacted and the Corporate Common 1 affixed thereto. The by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto" read in its entirety prior to the adoption of the above resolution. 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 begs leave to report that it sat on April 14th, 1975, when there were present Mayor N(1p/ Flewwelling and Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye and M. Vincent, and your Committee begs to submit the following report and recommendation, namely:- G1MO i / T /evis /rr� a�^� `f!V_� Gor+�a/ d��sor� C.-1461 ff�// (M P°/ DI" Cad, / 0/46r. G�or.7o 1. That the televising of open sessions of Common Council meetings in their entirety by Fundy Cablevision Ltd. be tried on an experimental basis with the Company initially authorized to "tape'' the first meeting which is to be shown to Council before final decision is made. Respectfully submitted, 5th May, 1975, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Kipping Seconded by Councillor Higgins RESOLVED that the above report be received and filed and the recommendation contained therein adopted. Councillor Green voted "nay" to the above motion. Consideration was given to the letter from Mr. Gordon Henderson and staff, of Dean's Stall in the City Market, advising that they feel that the canopy in the Market should be allowed to remain due to the fact that dust particles and other foreign objects may collect on the meat that is displayed and could cause health problems to the customers, and recalling that the former Board of Health asked to have the canopy installed due to the health factor involved, which was laid on the table by Council on April 21st last to give the Council members an opportunity to view the canopies, or lack of canopies, in the City Market. Councillor Pye, Chairman of the Market Committee, advised that he contacted the Department of Health about four weeks ago and they advised they were not opposed to the removal of the canopies and the Committee has not received any correspondence from the said Department asking to have the canopies erected originally. Councillor MacGowan noted that only two of the original eighteen canopies remain as a result of the decision to remove them by the Market Committee, and she stated that Mr. Henderson has gone to considerable expense in erecting his canopy which contains lighting for his produce. Councillor Pye stated that the decision to remove the canopies was made in order to have uniformity of the centre aisle of the City Market. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the above letter from Mr. Gordon Henderson and staff, of Dean's Stall in the City Market, be received and filed and Mr. Henderson be advised that the Common Council concurs in the action of the Market Committee in asking that the canopies be removed. Councillors Green and MacGowan voted "nay" to the above motion. Councillor Pye asked that direction be given that C.F.B.C. radio station be notified to remove the sign presently located in the City Market, which has previously been discussed by the Common Council. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the Common Council approve the recommendation of the Committee that the C.F.B.C. sign in the City Market be removed. In reply to a query from Councillor Green, Councillor Pye stated that the Market Committee felt that such sign detracts from the Market building. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that the letter from the Civic Improvement and Beautification mmittee, stating that the Committee has noted the attractive lighting of the exterior of the Mercantile Bank ilding on King Street and would again ask that consideration be given to a suitable lighting plan for the terior of the City Hall building, and suggesting that the Civic Hydro representatives might be willing to sist in preparing a lighting plan for the building, be referred to the City Hall Building Committee. 516 c'.zZy4/711.291 Comm c� fib -7 // e.rAerioi^ / /90 C',liurcLi ,Sertric� Coo" C.. O /Y! M avid IL70(946 /l1o6i /e X o rr/e.5 s{rvccf C',v rri Coa - 56ruc� C'®. ✓. �u`iiiar►� Fre�eriai»r e y soiC/1 f(erEli A• /Yji %/ /�ssocia�d yirpo_vestors 110f Cd�daii /�'c'�• rid e�o %i�o� Sii e!/ C'anaala S'erulce S�iz�ioh -of c cpr c .;?$. Per/n/ Councillor Kipping, Chairman of the City Hall Building Committee, stated that a plan has been prepared for full -scale floodlighting of the City Hall building, but that it will not be implemented until the final landscaping of the front of the building is undertaken, which landscaping cannot be done until the plan for changes in Market Square is implemented. He noted that temporary floodlighting of the front of the building was undertaken but it was felt that any further expenditures at this time due to the proposed changes in Market Square would not be warranted. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that the letter from the Historic Sites and Events Committee recommending that as an appropriate means of observing the 190th anniversary of the incor- poration of the City on May 18th, 1785, the 18th being a Sunday, that a civic church service be arranged for that day, for which service the Committee would be prepared to assist in making arrangements, be received and filed and the appropriate City staff be requested to meet with the Committee regarding arrangements for the said civic church service. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from the Planning Advisory Committee with regard to the letter from Mr. David Badger of 2418 Ocean Westway concerning construction trailers on the property adjacent to his, which was referred to the Committee on April 21st last, advising that the adjacent property is owned by Galbraith Construction Company, who were granted permission by Common Council to locate two mobile offices on this same site for a period of four months on August 27th, 1973, and that these offices have since been removed; that an application was received from Northern Constr- uction Company in January 1975 requesting permission to locate two mobile offices on the north side of Ocean Westway about 1600 feet west of the Lorneville intersection for a one year period and that the Committee recommended that permission be granted for temporary placement for a period of one year, which permission was granted by Common Council on January 27th, 1975; further advising that the property across the road from Mr. Badger is owned by Mr. J. Dunham which has five mobile trailers and one mobile home on it, permission for the location of such trailers and mobile home having been granted as follows: per- mission granted in June 1971 for the location of three mobile trailers for six months; temporary per- mission was granted by Council for one mobile home on September 25th, 1972 for one year; permission was granted by Council in August 1973 for the placement of one mobile home for one year on condition that only ohe mobile home would be located on this property; in October 1973 permission was granted by Council for the location of two small house trailers for three months; in May 1974 permission was granted by Council for the placement of a mobile home for Fredericton Housing and Construction for six months; and in August 1974 permission was granted by Council to place a mobile home for six or seven months on the spot previously occupied by Fredericton Housing and Construction; and further advising that all of the foregoing permissions have now elapsed so that the six units presently on the property are there without proper approval or permission of Council, and therefore the Planning Advisory Committee recommends that Council take appropriate action, be referred to the Legal Department to take the appropriate action in this regard. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Keith A. Mills, President of ssociated Investors of Canada Ltd., further to his letter of March 17th which was considered by the ommon Council on March 24th last, requesting consideration for the ultimate refund of the difference etween the existing rate of 8% of market value payment to the City in lieu of setting aside of land for ublic purposes, and the recommended rate of 3% by the Planning Advisory Committee on January 31st, 1975, nd advising that as the company has sold 2 acres of their property zoned "I -R" to Baxter Dairies Ltd. or April closing, such property located on Woodward Avenue adjacent to N. B. Tel's service center, the ompany requests consideration for the ultimate refund of the 5% proposed reduction rather than the ompany delaying the sale closing until the by -law is amended by the City Solicitor, be referred to the egal Department for a report. • 1 • Mr. Rodgers stated that in his opinion the 5% refund requested in the above letter was not in effect when the property transaction took place and that the by -law is not retroactive. He further • stated that the by -law was enacted by the Council on April 28th last which amended the Subdivision By -Law to provide for this reduction and that the amendment required approval by the Minister of Municipal Affairs and subsequent filing in the Registry Office before becoming law. Councillor Gould stated he believes the Company should be advised that the reduced percentage Till take place when the by -law amendment becomes -law. Question being taken, the motion was carried with Councillor Gould voting "nay': On motion of Councillor MacGowan Seconded by Councillor Kipping RESOLVED that the request of Shell Canada Limited for approval to novate and re -open as a service station /car wash at the presently closed outlet at the corner of rmarthen and St. James Streets, be approved in principle, subject to all legal requirements of the City ing met: AND FURTHER that the letter from the said Shell Canada Limited, requesting the said approval, nd advising that this location was operated as a service station from June 1957 to June 30, 1971, when t was closed and that plans showing proposed renovations, etc., have been supplied to the Building nspector and Planning Department, be received and filed. Mr. Zides stated he has not had a chance to view the plans of the said company and he does not if the said company has already obtained a building permit for renovations to the said service ion. Mr. Ellis advised that he believes the company has obtained a building permit for renovations they are now requesting approval for an additional car wash. On motion of Councillor M. Vincent 'I Seconded by Councillor Gould • A le �%� RESOLVED that the letter from Mr. G. A. LeBlanc of the Lakewood rocery, Loch Lomond Road, with regard to his previous application to Council for permission on behalf of ewvo three individuals from Montreal who have been employed by the Irving Oil Refinery, to place their travel (TO+oLo trailers on his land on the Loch Lomond Road, which request was not approved by Council at its meeting Xp L /le d� es eld on April 28th last, soliciting the City's approval to have such trailers remain on his land until , 517 such time as the City opens its facilities for such units, be received and filed and Mr. LeBlanc advised of the 117ohl le Council's previous decision in this matter. Rockwood Mr. Barfoot stated he believes the City's facilities referred to in the above letter, refers to the trailer park at Rockwood Park. Councillor Kipping stated that permanent occupation by trailers in Rockwood Park pa ek should not be tolerated by the City. On motion of Councillor Higgins Seconded by Councillor M. Vincent �g6C71C� OJT RESOLVED that the letter from the Church of Jesus Christ of Latter F �� g Day Saints, requesting permissim to set up a small street display concerning family unity in King Square for y�yL IQ Tuesday and Thursday afternoons during the summer of 1975, be received and filed and the request be denied. � .�%4ih On motion of Councillor Green d %sp /af Seconded by Councillor MacGowan /�^^ RESOLVED that the letter from The United Empire Loyalists Association �Egj�te�.c�gp% of Canada, Major Samuel Holland Branch, protesting against the development of Carmarthen Street as a wide main b -Z >6 % arterial highway which will cause the demolition of many fine historic buildings and the neighbourhood core of O �>7a4& Peters Street, Paddock Street, Garden Street, Hazen Street and Coburg Street, be laid on the table and the City �%/' t7i?%F/ staff be requested to prepare a report for Council on the proposed plans for Carmarthen Street. The Mayor stated he has an item he would like Council to consider regarding parking for persons visiting our City for convention purposes. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the item proposed by the Mayor be added to the agenda of • I this meeting. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the following resolution be adopted, namely:- "WHEREAS tourism is a major industry for Saint John; AND WHEREAS goodwill is an important factor in tourism; AND WHEREAS other municipalities have evolved a programme respecting parking by tourists which encourages Toct1�ls�` goodwill: NOW THEREFORE BE IT RESOLVED that the concept of convention cards being placed in convention kits U°Pi7��,0 which would provide free parking for tourists attending conventions in the City, be referred to the Promotion S and Tourism Department for study and report to Council. ". �1»g70tYOi! Read a letter from the City Manager advising that the Department of Highways, in an effort to make the best presentation possible to citizens affected by the Gilbert Street - Haymarket Square Interchange and the Haymarket By -pass, have constructed a model of the area, which will be shown to Council at this meeting, prior to making it available to the Rockwood Park Area Preservation Association. v/)o fe/ At this time, Mr. Kent Calhoun, Project Engineer for the Saint John Throughway, displayed a model of p the Gilbert Street - Haymarket Square Interchange and the Haymarket By -pass, and answered questions posed by Lea/ several Council members regarding progress of construction. 6?1AkZ (Councillor A. Vincent entered the meeting during the preceding discussion.) • CJO097D%� Following a session in Committee of the Whole, the Committee arose and the meeting continued, in legal session of Common Council, when there were present Deputy Mayor Higgins and Councillors Cave, Gould, Hodges, Kipping, MacGowan, Pye and A. Vincent. Deputy Mayor Higgins assumed the chair. L E G A L Discussion ensued on the building permit with regard to the expansion of the Irving Oil Refinery. Mr. Barfoot stated that to date the Irving interests have been issued a permit for $100,000,000. Mr. A. Ellis oo advised that he informed the Irvin firm that the building g g permit taken out in February 1971 was not sufficient to cover the expansion that has taken place and that since that time several meetings have been held with the -r#"%A/0 �f company's representatives and that a further meeting will be held on May 6th at which the City Manager and City Rehr/n Solicitor will be in attendance with regard to this matter. Mr. Rodgers stated that if special considerations P�'jy)gpa� are justified in this instance, the Building By -Law will have to be looked at with a view to possible amendments. �JC�O715jO17 The City staff was directed by the Council to advise the Irving representatives at their next meeting that any ! action regarding this matter will have to be referred to the Common Council for a decision. �2 � " Read a letter from the City Solicitor, dated May 2nd, 1975, with regard to the appeal of Mr. Theodore Cormier for reinstatement of a taxi license, advising that after the foregoing appeal on April 21st, 1975, the Council reserved a decision until supplied with a medical report concerning Mr. Cormier, and submitting for eoi^R97 E� Council's information a report from Dr. H. Bruce Parlee with respect to Mr. Cormier, and advising that under the �A-� /j•LoB17S Taxi By -Law, Council, upon hearing the appeal, has fourteen days in which to confirm, alter, or remove the suspension. On motion of Councillor A. Vincent I/� Seconded by Councillor Cave a6r �/6v0 RESOLVED that the above letter from the City Solicitor be received and __ // filed: 04 /2?� �91911& AND FURTHER that the decision of the Chief of Police in this regard be upheld. TX: Amos Question being taken, the motion was carried with Councillors MacGowan, Pye and Higgins voting "nay" • II On motion The meeting adjourned. Common rk. 51S At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twelfth day of May, A. D. 1975, at 7.00 o'clock p.m. • present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, M. Zides, Municipal Planning Director, A. Ellis, Building Inspector, C. Nicolle, Director of the Recreation and Parks Department, and. N. Jackson, Deputy Chief of Police The meeting opened with a prayer which was invoked by The Reverend Lloyd Lake, rector of All Saints' (Anglican) Church. I The Mayor advised that the next-regular meeting of Common Council is to be held on May 26th, with the next following regular meeting to be held on June 9th. The Common Clerk advised that advertising took place regarding the proposal to re -zone for Jorover Holdings Ltd. a parcel of land on the west side of Molson Avenue commencing at the rear of lots f�B -,Zo nin9 which front on Sand Cove Road and running in a northerly direction with a frontage on the said Molson Avenue of approximately 315 feet and a depth of approximately 207 feet on the north sideline and 127 feet ✓ O%'OYer' on the south sideline, from its present Light Industrial classification to "RM -1" Multiple Family Residential �p /p(jHp$ district classification, to permit the erection of two 24 -unit apartment buildings. He stated that letters J of objection to the re- zoning have been received, as well as a brief offering objection, and that a brief • has been received from the proponents of the proposed project. 17744 &—fZ76 f� /mer,0'c) lefer, Tit Tura 6u // Pe�i`t/ o h Pe-2oning Mr. Mark Giberson, Barrister, with the law firm of Palmer, O'Connell, Leger, Turnbull & Turn- bull, advised that he was present representing 130 property owners and residents in the immediate vicinity of the proposed re- zoning, who have very fine homes in a predominantly residential area and who take pride in keeping them attractive, but who are afraid that the proposed apartment house project will change their present life- style. Mr. Giberson pointed out that the residential properties bound this site on three sides and this site, which is on the crest of the hill, is considerably higher than the residential properties which are all bungalows in the immediate vicinity and the proposed three - storey apartment buildings on land which abuts directly on the rear lot lines of the adjoining owners means complete loss of privacy for these taxpayers - even those who live at a considerable distance from the proposed buildings will suffer a loss of much of their privacy. The following other points are made in the brief prepared by the said law firm on behalf of these residents:- it is felt that the serious flooding experienced by neighbouring properties from run -off from the former Speedway property in its present use can not but be aggravated with the development of the proposed large buildings and paving of the access roads and parking lots; the minimum land area for a development of the size proposed is 77,000 square feet whereas the area of the land in question is only 75,364 square feet and the residents and owners in the vicinity of this site feel that the requirement of the Zoning By -law in this regard is minimal and that no exception can be justified; the proposed re- zoning is in conflict with the Comprehensive Community Plan which recommends low density land use for this area; the proposed 4B units may well bring an additional 200 to 300 people to the immediate area and, crowded into a relatively small lot, this transforms what was a pleasant residential area into a very crowded district - there is no adequate open space provided in the proposed development - if this were re -zoned for a town house type of development, the same space would house approximately 50 people; the warehouse facilities of Simpsons -Sears Limited across the street from the proposed development generate a lot of traffic - the street is already congested daily with parked auto -. mobiles - apparently the automobiles of staff members of the said company - the proposed entrance is directly opposite these parked cars and will present a hazard - though the developers propose the number of parking spaces required by the by -law, experience in other three - storey apartment developments in- dicates that there will at times be great demand for street parking throughout the entire vicinity; it is felt that the proposed buildings are lacking in architectural merit and do not blend with the surrounding area - the buildings are far too big and too high for the proposed site - there is no adequate space for landscaping or for screening the development with trees and other growth; though the Planning Advisory Committee has stipulated that snow should not be piled on the property in question if the development is allowed to proceed, it is obvious that immediately following a severe storm snow will accumulate before it can be removed - the accumulation of snow will, if a thaw ensues, cause flooding to adjoining properties - immediately after ploughing there would seem to be no doubt that large piles of snow will be heaped on the proposed "tot lot" - removal of the piled snow is likely to take considerable time if undertaken at all; the amount of garbage and rubbish generated by 200 to 300 people in this constricted site may well create a nuisance to the adjoining property owners; the number of children to be expected in a development of this size and the number of additional children which the playground facilities will attract will have a serious effect on the owners of the properties immediately adjoining this facility; the persons submitting this brief feel there is no justification for departing from the Comprehensive Community Plan or relaxing the requirements of the Zoning By -Law regarding this development proposal and that the proposed re- zoning should be rejected - though Speedway Express has not always been the best of neighbours, all of the persons submitting this brief would prefer to see the land remain in its present use, namely, zoned for light industrial purposes, rather than have it become the site of a congested development such as is now proposed. Mr. Giberson submitted that what is needed in Saint John is some quality apartment buildings and that the site in question would perhaps be a suitable site for smaller quality apartment buildings which maybe would be.two to three 12 -unit buildings with more open spaces - another possibility for this land would be town houses for perhaps 50 people which would not be a burden on the parking as it is, and which would preserve the privacy of the individuals and of the existing residents. He stated that he represents every adjoining property owner, except one person, who he understands is out of the province Mr. Giberson- made the following further points: it is questionable that the existing sewerage tem is sufficient to carry away the water that would be generated by any piled -up snow on the "tot lot" the site, if only a single sewer is provided to carry this water away - which he felt would appear in Planning Advisory Committee's recommendation regarding the project; it is suggested that with many rtment dwellers owning two cars and with cars of visitors to the apartments, there could be well in ess of 60 cars parking there (the project proposes 60 on -site parking spaces) which will congest the a and also be a traffic hazard in this particular area; there is no space provided in the project for n space or for.recreation for these proposed apartment dwellers; it is suggested that the quality of proposed apartment buildings are moderate, at best, and they are nearly square boxes in design - it • r 5.19 Mr. Giberson further stated that the point he is making about providing housing today is that we have a taking into consideration that this could be developed into a quality area when you look at the existing quality type of industry could of homes in the area, these residents are against this particular development (they are not against apartments • in this area, or against developing this particular lot - in fact, they are for it) which would put two very be placed there, which large buildings, measuring 60 by 109 feet, on a very small lot; with regard to garbage removal, there is hardly ' room on the site to set a garbage container; it is submitted that it is going to be an inconvenience and a are quite aware of that nuisance with perhaps 50 to 60 children of the apartment house occupants using the "tot lot" in the small backyards of the proposed apartment buildings - in addition, this "tot lot" will attract other children from the .p neighbourhood and they will all be congregated in that area near the complex and near the homes of the existing residents - these residents are very concerned about this but they are willing to suggest other alternative uses TIVVe� of this land which would be more in keeping with the fine area which can be developed to quality; it was noted /�� that the City has spent large sums of money regarding the Comprehensive Community Plan in order to develop f% rr9 s • ��� planning in this city and province - it is submitted that we should follow the said Plan which in this case recommends low density land use, for this area; it is submitted that developers should not be granted variances of the Zoning By -Law or Community Plan regulations to permit them to put up less than the quality accommodation - that should be provided in a quality area, and to do so on the smallest lots possible or even on under -size -7� / ✓OI7oi�0�/" lots -- in such cases the existing residents are paying through the depreciated values of their property, and, in essence, subsidizing a contractor to make money on his investment. Mr. Giberson asked that the Council give thorough consideration to the matter and not make a hasty decision. Mr. Giberson further stated that the point he is making about providing housing today is that we have a Councillor Gould pointed out that by leaving the present zoning of light industrial use for this lot, responsibility to provide housing for those who need it, but we are providing low- quality housing and not enough type of industry could quality housing in quality areas - in other words, you do not put low - quality housing in good quality areas - he is not saying you do not blend it, but not in this particular case where it is all one - family residential and you be placed there, which put in poor quality housing especially when the need is here for quality apartment buildings. He stated that ' these residents he represents would prefer that the existing zoning remain for this lot and are quite happy with are quite aware of that that zoning use as it is - they would not want the lot re -zoned for multiple residential use unless the devel- opment is satisfactory. He noted that the residents object to the design of the two proposed large buildings for .p this lot (rectangular buildings which would have small windows; they would be quite happy to consider alternative development of the property, but not the proposed development, which they feel is too large for the lot; these TIVVe� residents were very happy with the well -kept property that was managed by Speedway Express was there, prior to /�� the new management of the property and to the fire that occurred there, and they would much prefer to see the f% rr9 s • ��� property used as when the old Speedway people managed it, than developed as proposed by the Jorover complex - he feels that town quality housing on this lot would be an advantage in that area. Mr. Donald L. Cullinan, Barrister, of the law firm of McKelvey, Macaulay, Machum & Fairweather, was -7� / ✓OI7oi�0�/" present representing Mr. Robert S. Bustin of Jorover Holdings Limited in regard to the said re- zoning appli- cation. Mr. Cullinan's letter of May 12th, 1975 advises that at the March 11th meeting of the Planning Advisory Committee, when Mr. Bustin was in attendance, several residents of the area in question appeared and noted their comments and observations with respect to the proposed re- zoning and the principal comment raised at the meeting /%,g7�jlt aye related to the residents' concern with drainage from the Speedway property onto adjoining properties, and that AV=4Kgl:�_ Mr. Bustin has investigated this matter in some detail and has received an opinion that with proper finished site - Fa%ral&7d grades the run -off from the property will be greatly diminished if not eliminated entirely; further, with regard to the Planning Advisory Committee's other conditions including fencing, provisions for play areas and snow removal from the parking area, Mr. Bustin has agreed to meet these conditions stipulated by the said Committee. Mr. Cullinan's letter submitted a list of names, addresses and telephone numbers of 72 residents living in the area of the site proposed for re- zoning, who do not oppose the application for re- zoning to allow construction ' of the proposed apartment buildings, this list having been obtained by Mr. Bustin who explained the project to these residents. The letter further advises that it is anticipated that the said apartment buildings will provide housing for approximately 142 people including approximately 40 children. The letter advises that Mr. Bustin is Secretary- Treasurer of Jorover Holdings Limited. Mr. Cullinan advised that some points have been brought up at this meeting regarding this re- zoning application which were not brought out at the two meetings of the Planning Advisory Committee (March 11th and a meeting subsequent to that date) and he believed these will have to be determined by the Council; the point regarding the quality of the proposed apartment buildings is a new argument, he felt. At this time, Mr. Bustin displayed to the Council pictures of existing buildings (which were used in the application for re- zoning to the Planning Advisory Committee regarding this development under discussion) to show the Council members the quality of the buildings that are proposed, and he stated that the applicant feels that the proposed buildings will not detract from the value of the existing adjoining properties - if anything, they will enhance the area - they will meet a need for housing; the question of sewerage was not raised at the Planning Advisory Committee meeting and it was not stipulated by that Committee in its recommendation! He advised that the 72 persons who signed the above noted submission are interested parties and they own pro- perties in this area. He stated that it is anticipated that with normal usage these two apartment buildings would house approximately 140 to 142 people, and approximately 40 children. He pointed out that Jorover Holdings Limited at present owns and manages 140 units of accommodation in and around the city, and wants to continue to meet the need for housing; on the question of town houses being a more feasible use of the lot, Mir. Bustin has advised him that the economic use of this lot would not permit town houses - if the property was used for town houses, you may end up with more people on the lot, which seems to be a concern of the area residents; there is nothing wrong with an investor trying to make money on his investment - if the property can be used in an efficient, economic manner, this is the way it can be used - for two apartment buildings of 24 units apiece. In reply to Councillor Higgins' question as to whether he has considered alternatives for the use of the land in question, in view of the apparent overwhelming negative attitude to the proposed development on it, ' Mr. Bustin stated that if the land zoning remains in its present classification Jorover Holdings Limited, since it is buying this land, would have to re -sell it or else put something else on that land of a similar nature, or some sort of a warehouse which meets the requirement. He pointed out that there is not the area on the lot in question for town houses - if they were constructed on that land it would be so costly that it would not merit the land. Mr. Cullinan made the point that this proposed re- zoning is not overwhelmingly opposed. Councillor Gould pointed out that by leaving the present zoning of light industrial use for this lot, Councillors Kipping and MacGowan raised the question of names of persons on both the opposing sub - sion and the submission advising of those who do not oppose the proposed development, who reside on streets and Molson Avenue, Bleury Street or Danell Drive, which three streets comprise the immediate area, or who ide on portions of these three streets which are beyond the immediate area, keeping in mind that the City is uired by the planning regulations to enquire of people only within 300 feet of a proposed development. 6/7��/ / Mr. Gerald Webster, who resides in the immediate vicinity of the former Speedway Express property, •—,1e x1 advised that the majority of the names on the list submitted by Mr. Cullinan live along the route that the VV G657�eIn trucks from this site have taken over the past few years and have watched the trucks sliding up and down the hill with a full load, out of control, and in his own experience, one of these trucks almost came through the front of his house when it went out of control and went on his front lawn. He felt that if this property is not re -zoned from light industrial use to a classification for some kind of apartments, these residents will again be faced with the problem of trucks on Molson Avenue. He added that his children play in the area and he it is conceivable that a new type of industry could be established there and, hypothetically, a barn of a building (a warehouse) could be placed there, which would be not nearly as desirable as two houses. Mr. Giber - ' son replied that his clients are quite aware of that point and they are happy to live with it; under the Zoning By -Law, light industrial classification has certain requirements and those would be met, the residents expect. Councillors Kipping and MacGowan raised the question of names of persons on both the opposing sub - sion and the submission advising of those who do not oppose the proposed development, who reside on streets and Molson Avenue, Bleury Street or Danell Drive, which three streets comprise the immediate area, or who ide on portions of these three streets which are beyond the immediate area, keeping in mind that the City is uired by the planning regulations to enquire of people only within 300 feet of a proposed development. 6/7��/ / Mr. Gerald Webster, who resides in the immediate vicinity of the former Speedway Express property, •—,1e x1 advised that the majority of the names on the list submitted by Mr. Cullinan live along the route that the VV G657�eIn trucks from this site have taken over the past few years and have watched the trucks sliding up and down the hill with a full load, out of control, and in his own experience, one of these trucks almost came through the front of his house when it went out of control and went on his front lawn. He felt that if this property is not re -zoned from light industrial use to a classification for some kind of apartments, these residents will again be faced with the problem of trucks on Molson Avenue. He added that his children play in the area and he 520 6;srorrgge /. Gaai or, r�� %y Y .�rnava,T.GU,i¢. Fink c. �{i d eouL� dislikes the thought of the transports moving in the area where they would be playing. Councillor MacGowan asked what would be the procedure to have this lot re -zoned from light industrial use to a zoning classification for duplex housing, if the Council does not go along with this application for re- zoning to multiple housing use. Mr. Zides replied that he believes the Council would have to have a request to have it re- zoned; he is not sure what would happen to this area, which is zoned for light industrial use, if there was not proposed apartment project under way; he is not sure whether the original owners of the land would still own it if Mr. Bustin's option expires - and if the original owners would still own the land and it might therefore be put to industrial use - to re -zone, it appears this kind of land would be very difficult. In reply to Councillor M. Vincent's question as to whether re- zoning of this land would be in contradiction of the Comprehensive Community Plan, Mr. Zides stated that the Planning Advisory Committee does not hold that view at all; you have to look at the said Plan as a total package - there are three classes of intensity for residential use called "light, medium and heavy" - the only place in the over -all city area where you have "medium" is around the central business district and the only place where you have "heavy" is in the business district itself; the Committee takes it that we have to use some judgement in evaluation of density classification depending upon market and upon the mix of housing we are going to get - therefore, we are not going just to have a whole city with something less than three - storey multiple families (in other words, one- or two - family homes or town houses); we are looking at an area and saying that we will try to watch that mix of land use so that the total will come out to what we call low density which is 15 units per acre across the board rather than 15 units per acre in every individual lot. Councillor M. Vincent asked: when the Planning Advisory Committee considered this application, what consideration was given to provide greenery or tot spaces should the development be allowed. Mr. Zides replied that he realizes that this development is a very important and controversial project to the people in this particular area, but you are only talking of 48 families in two- and one - bedroom units and there would probably be 30 children in a development like this, on an average. Councillor M. Vincent asked if there are sufficient parking spaces in the proposal, for the development that is proposed. Mr. Zides replied that one and one - quarter parking spaces are required, on an average, for each family, which means that for 48 families in the development there would have to be 60 parking spaces, and that number is provided. On motion of Councillor Gould • I Seconded by Councillor MacGowan • RESOLVED that the letters received from Mr. George T. Gamble of 915 Danells Drive, Dr. Murray N. Brown of 897 Bleury Street, Mr. J. W. A. Beattie of 909 Danells Drive and Mr. Frank C. Rideout of 820 Sand Cove Road, expressing their opposition to the proposed re- zoning for the development proposed by Jorover Holdings Limited on the former Speedway Express property on Molson Avenue, be received and filed. On motion of Councillor MacGowan Re- A71 n 6 "kW 1, Cohsthucti I-eGl. J. visor. omens Councillor Pye stated that during his term of office on this Council it has been made quite evident that one- and two - family home owners, for sound and justifiable reasons, are bitterly opposed to the erection of apartment buildings in their respective areas; to cater to the whims of developers and to ignore the wishes of that vast majority of the electorate who look to Council for guidance and protection in this regard, would indicate both a lack of consideration and a flagrant betrayal of trust by Council; there appears to be one logical solution to this problem, and that is the segregation of all future apartment buildings and structures - large tracts of land should be acquired by the City upon which to establish apartment building parks - the area in which the said buildings are erected to meet with the approval of the citizenry in the adjoining districts. Councillor Green pointed out that the former City of Lancaster had reserved the area in question for an industrial - commercial site and that both Atlantic Wholesalers Limited and Simpsons -Sears Limited have expanded their warehouse properties at this location; that this area was zoned for light industrial use prior to the commencement of construction of houses around it. He felt that changing the zoning of this area from the existing light industrial classification would be taking away some light industrial areas, keeping in mind that such areas are going to be greatly in demand in the city; he has always considered this to be a suitable area for light industrial or commercial use. He felt that even if Jorover Holdings Limited did receive approval to proceed with the apartment buildings and would endeavour to comply with all the regulations that would make the residents in the area as happy as possible, he is still of the opinion that this property should be retained as a light industrial site. Question being taken, the motion was carried with Councillor Parfitt voting "nay" The Common Clerk advised that the proposed re- zoning for Galbraith Construction Ltd. of an area land on the east side of Gault Road commencing at a point approximately 100 feet south of Alvic Place running southerly on the Gault Road a distance of approximately 700 feet and having a depth of roximately 450 feet, from "RS -2" One- and Two- Family Suburban district to "RM -1" Multiple Family idential district, to permit the erection thereon of nine town house buildings containing a total of units, was duly advertised and that a petition expressing objection to this re- zoning has been received. Consideration was given at this time to the letter from the Planning Advisory Committee which ses that in the matter of the above named proposed re- zoning, the last meeting of the Committee heard • 1 • Seconded by Councillor A. Vincent i'e- zo hi ny RESOLVED that the application from Jorover Holdings Limited for re- zoning of the former Speedway Express property on Molson Avenue to permit the erection thereon of y0id %nys two 24 -unit apartment buildings, be-denied. Councillor MacGowan stated that when she first heard about this proposed housing development she thought it would be so much superior to industrial use in that area, but after reading the brief that has been presented, and looking at the plan (she recalled that when the Planning Advisory Committee's letter was presented to Council on April 7th last she had expressed her opposition to the fence on three sides of this property as she felt it would have meant building a "ghetto" there which she felt would be terrible for the residents, to be surrounded by fences) she concluded that the parking would be so close to the existing properties and to the proposed buildings, and she can see that the snow on this property would really create a problem on melting; also, from observing the situation at existing apartment buildings where garbage boxes are overflowing, she does not see any place on the plan of this property where the big garbage containers could be located. She stated she knows that we need housing, but she feels we have to have good housing - she could see town housing or duplex housing for this property - she thinks it could be a very attractive housing development and she sees no need to shadow the existing housing in the area; she admitted that the apartment houses shown by Mr. Bustin in the pictures look very attractive but stated that if she had her home there she would not want apartments that close to it if she were along the proposed solid fence because a one - family home would be just out - weighted by the apartment buildings. She stated that these are her reasons for opposing the application. Re- A71 n 6 "kW 1, Cohsthucti I-eGl. J. visor. omens Councillor Pye stated that during his term of office on this Council it has been made quite evident that one- and two - family home owners, for sound and justifiable reasons, are bitterly opposed to the erection of apartment buildings in their respective areas; to cater to the whims of developers and to ignore the wishes of that vast majority of the electorate who look to Council for guidance and protection in this regard, would indicate both a lack of consideration and a flagrant betrayal of trust by Council; there appears to be one logical solution to this problem, and that is the segregation of all future apartment buildings and structures - large tracts of land should be acquired by the City upon which to establish apartment building parks - the area in which the said buildings are erected to meet with the approval of the citizenry in the adjoining districts. Councillor Green pointed out that the former City of Lancaster had reserved the area in question for an industrial - commercial site and that both Atlantic Wholesalers Limited and Simpsons -Sears Limited have expanded their warehouse properties at this location; that this area was zoned for light industrial use prior to the commencement of construction of houses around it. He felt that changing the zoning of this area from the existing light industrial classification would be taking away some light industrial areas, keeping in mind that such areas are going to be greatly in demand in the city; he has always considered this to be a suitable area for light industrial or commercial use. He felt that even if Jorover Holdings Limited did receive approval to proceed with the apartment buildings and would endeavour to comply with all the regulations that would make the residents in the area as happy as possible, he is still of the opinion that this property should be retained as a light industrial site. Question being taken, the motion was carried with Councillor Parfitt voting "nay" The Common Clerk advised that the proposed re- zoning for Galbraith Construction Ltd. of an area land on the east side of Gault Road commencing at a point approximately 100 feet south of Alvic Place running southerly on the Gault Road a distance of approximately 700 feet and having a depth of roximately 450 feet, from "RS -2" One- and Two- Family Suburban district to "RM -1" Multiple Family idential district, to permit the erection thereon of nine town house buildings containing a total of units, was duly advertised and that a petition expressing objection to this re- zoning has been received. Consideration was given at this time to the letter from the Planning Advisory Committee which ses that in the matter of the above named proposed re- zoning, the last meeting of the Committee heard • 1 • 521 Mrs. William Hutton, 24 Alvic Place, advised that she is one of four residents who would be affected /DH � by the 400 -foot depth of the property which Galbraith Construction Ltd. proposes to develop, and that her ' „/ property measures 189.1 feet of that length. She advised that of those four existing properties, three of the GL00'! houses contain sump pumps because there is continual flooding; also, four homes in Alvic Place have had sewage problems - they have made these sewage problem points clear but nobody seems to recognize these residents, out in that area. It was noted that no person or persons were present to speak in support of the proposed re- zoning. representatives of the Company and a delegation of nearby objecting residents, and that additional details are now to be worked out by the Company or obtained for the Planning Advisory Committee before a recommendation can • be made to Council, and that the matter is on the Committee's May 13th agenda and it is hoped to report to Common Council on this proposed re- zoning as soon as possible thereafter. r said Committee officially notifies the Common Council within thirty days it is deemed that the Committee does On behalf of the residents who signed the above named petition of objection, Mr. Hugh E. Fitzpatrick of 30 Alvic Place presented the said petition which gives the following reasons for their objection:- (1) they �7 ! believe that spot re- zoning defeats the whole purpose of the City's zoning by -laws; (2) the residents of the /h5t area built, or bought in the area with the knowledge that it was zoned for single and two - family housing; (3) �2 loss of privacy for those residents bordering on the proposed development - the proposed plan shows no green re— .ZOP71)?f belt between it and the present residents - looking at 12 garbage cans, clothes lines, et cetera, is not very said Committee with respect to the proposed re- zoning - it is a letter just stating that the Committee has not pleasant; (4) the proposed development will place a great strain on the existing facilities - the proposal is made a decision yet. He read the section of the Act in question, namely, "The Advisory Committee shall be for 53 units with 53 parking spots - in Alvic Place, for example, there are 18 houses with 26 cars, 5 trucks, 8 such request or within such longer period as the Council may decide. ". He stated that the Council can decide on trailers, 2 boats and 3 snowmobiles - the proposed space is obviously inadequate; (5) the Gault Road breaks up a longer period, or, the next question that he sees as a problem with interpreting that section is - what does from the present amount of traffic; there are no sidewalks on the Gault Road to serve the area; (6) the storm "within thirty days of such request" mean - does it mean the night that the Council passed the resolution - does sewers and sewerage systems in the area are inadequate now - there is flooding in many basements now and some it mean the day that the Common Clerk sent it out - does it mean the day that Mr. Zides received it - or, the sewers back up - this creates a health hazard and a great inconvenience and expense to the residents; the main day that the Planning Advisory Committee had its first meeting. He pointed out that, officially, the Council is sewer line on the Gault Road is too high, and, therefore, there is no run -off from Alvic Place - 53 more housing asking for the views of the Advisory Committee within thirty days of such request and the Committee does not units connected to this sytem will only aggravate an already bad situation. The brief states that if it is receive the request until it meets; he does not know on what date the said Committee officially received a found necessary to approve the proposed change in zoning because of the shortage of housing in the city, these request for its views, but whatever date that was, it would be thirty days from that date that would apply. Mr. residents feel that the change should be postponed until the following conditions have been met: (1) the City correct the sewerage problems in the area; (2) the City provide sidewalks and improve the Gault Road; (3) more Zides advised that he has never taken this provision of the Act very seriously because the Committee's letter fire hydrants be installed; (4) the developer be made to provide more parking space even at the cost of some comes to Council and the Council has the right to extend that period. Councillor A. Vincent felt that as a housing units; (5) the developer promises, in writing, to leave a 20 -foot green area between the new development procedure to be followed, the Council should have the information from the said Committee before Council sets and the existing sub - division (Monte Cristo Park Sub - division). The petition expresses the view that the zoning the date for advertising an amendment to the Zoning By -Law to avoid a proposed amendment coming before Council should not be changed just to help a developer, and that the present residents are taxpayers also; the developer for a hearing of any opponents or proponents prior to receipt by Council of the Advisory Committee's recom- mendation. He asked how this procedure can be established. Mr. Zides replied that there is no way you can hold must have known what the area was zoned for; there are areas in the city zoned for town - housing where the the Planning Advisory Committee to that procedure - it might take the Committee as long as two or three months developer could be doing the city a great service without disrupting the orderly development of existing re- to make a decision because of the circumstances - this is why the Committee writes to Council and advises there sidential areas. Mr. Fitzpatrick added the following observations: the backs of some of these proposed town is a problem and why the Act gives the Council the privilege or right to extend that period of thirty days. houses would actually be facing the front of some of the residences that now exist in the said sub - division; the On motion of Councillor Higgins developer speaks of courts - this would be alright if there were a lot of courts together, with the housing back • to back and front to front on those courts, but this would not be the case in the proposed development; the 53 RESOLVED that the above matter of proposed re- zoning for Galbraith parking spots for the 53 housing units proposed would be against the by -law regulations; the proposed housing Construction Ltd. be laid on the table until the Common Council receives a report from the Planning Advisory development would change the density of the residences in this area and it would change the continuity of the Committee. type of housing along the Gault Road and in the Monte Cristo Park Sub - division. Mr. Garfield Melvin advised that when he purchased the land on which his house is built (on the Gault "�� w/-!(°�� Road) he understood that the area was to be a one - family residential area. He pointed out that the front /fie % %n windows of his own home and of his adjacent neighbour would face the back doors of the proposed housing of „/ Galbraith Construction Ltd. and also the parking area for cars, the location of garbage cans and any debris that might collect on the proposed housing site in time. He requested that the Council members give these points consideration. Mrs. William Hutton, 24 Alvic Place, advised that she is one of four residents who would be affected /DH � by the 400 -foot depth of the property which Galbraith Construction Ltd. proposes to develop, and that her ' „/ property measures 189.1 feet of that length. She advised that of those four existing properties, three of the GL00'! houses contain sump pumps because there is continual flooding; also, four homes in Alvic Place have had sewage problems - they have made these sewage problem points clear but nobody seems to recognize these residents, out in that area. It was noted that no person or persons were present to speak in support of the proposed re- zoning. In reply to Councillor A. Vincent's question as to the date on which Mr. Zides received the notice of the application for re- zoning from the City, Mr. Zides stated he believes it is legally the day of the Council resolution referring the application to the Planning Advisory Committee - he does not know that date, off -hand. Councillor A. Vincent asked for that date, stating that (under Article 66 of Section 3 of the Act) unless the said Committee officially notifies the Common Council within thirty days it is deemed that the Committee does not approve of the proposed re- zoning. He stated that his information is that the date was April 15th, which leaves until May 15th in this regard - and it is his opinion that unless the Council has a special Council meeting by May 15th the application is void and the developer has to start all over again with another appli- cation, under the provisions of the Act. He stated he is asking for an opinion in this regard, from the City Solicitor. Mr. Rodgers stated that he assumes that the letter from the Planning Advisory Committee that is before the Council at this meeting regarding this particular re- zoning matter, is not the official views of the said Committee with respect to the proposed re- zoning - it is a letter just stating that the Committee has not made a decision yet. He read the section of the Act in question, namely, "The Advisory Committee shall be deemed to have approved a proposed by -law if it fails to give the views requested thereon within thirty days of such request or within such longer period as the Council may decide. ". He stated that the Council can decide on a longer period, or, the next question that he sees as a problem with interpreting that section is - what does "within thirty days of such request" mean - does it mean the night that the Council passed the resolution - does it mean the day that the Common Clerk sent it out - does it mean the day that Mr. Zides received it - or, the day that the Planning Advisory Committee had its first meeting. He pointed out that, officially, the Council is ' asking for the views of the Advisory Committee within thirty days of such request and the Committee does not receive the request until it meets; he does not know on what date the said Committee officially received a request for its views, but whatever date that was, it would be thirty days from that date that would apply. Mr. Zides advised that he has never taken this provision of the Act very seriously because the Committee's letter comes to Council and the Council has the right to extend that period. Councillor A. Vincent felt that as a procedure to be followed, the Council should have the information from the said Committee before Council sets the date for advertising an amendment to the Zoning By -Law to avoid a proposed amendment coming before Council ' for a hearing of any opponents or proponents prior to receipt by Council of the Advisory Committee's recom- mendation. He asked how this procedure can be established. Mr. Zides replied that there is no way you can hold the Planning Advisory Committee to that procedure - it might take the Committee as long as two or three months to make a decision because of the circumstances - this is why the Committee writes to Council and advises there is a problem and why the Act gives the Council the privilege or right to extend that period of thirty days. ll �'_Z0�7�yI On motion of Councillor Higgins i"2��Lo/ Seconded by Councillor Hodges RESOLVED that the above matter of proposed re- zoning for Galbraith Construction Ltd. be laid on the table until the Common Council receives a report from the Planning Advisory Committee. �,��iq.lfdv %s Question being taken, the motion was carried with Councillor A. Vincent voting "nay ". The Mayor noted that the Common Clerk will notify Mr. Fitzpatrick when the Council will be taking a vote with regard to the said proposed re- zoning. 522 %r/ahn, luvis. Ov /n/n a�ai ns� A6na� f!lroSs /yam /dam Goss Gf/.�.f%�eany�ia The Common Clerk stated that advertising was completed regarding the proposed re- zoning for Messrs. Abram Y. Goss and Harold E. Goss of the lots on Wallace Court and possibly the lots on the north side of Pine Avenue from Wallace Court to the railway tracks, from "R -1B" One - Family Residential district • to "R -2" One- and Two- Family Residential district classification, and that a petition in opposition to this re- zoning was received. It was noted that the letter, dated May 5th, 1975, from the Planning Advisory Committee advises that these two applicants for the re- zoning wish to erect a two - family semi - detached dwelling on a vacant lot on Wallace Court; that the Committee considered this request at its March 25th meeting and decided not to recommend re- zoning of the area to the requested zoning classification, and Mr. Goss has now formally applied to the Common Council for re- zoning of the property; that the views of the property owners on Wallace Court and the northern side of Pine Avenue were requested and the Committee received a petition against this re- zoning signed by residents of Pine Avenue and Wallace Court, and only the vendor of the lot and another family of the same surname favoured the re- zoning; that reasons cited for this opposition included the two - storey height of the proposed dwelling and its closeness to the side property lines, that no other lots exist for the further building of two - family dwellings on this street, that property values would be depreciated and that a parking problem would be created. The letter concluded with the recommendation against the said proposed re- zoning. The above named petition against the proposed re- zoning, which was submitted by Mr. William H. Fearnhead of 638 Pine Avenue, advises that the majority of the resident property owners of this area ' object to the said re- zoning. A separate letter from Mr. Fearnhead gives his reasons for objecting to this proposed re- zoning as expressed by him in letter form to the March 25th, 1975 meeting of the Planning Advisory Committee. IQo person was present at this time to speak in objection to the proposed re- zoning. Speaking in support of the request for re- zoning, Mr. Abram Y. Goss stated that he and his brother feel that the house they propose to build would be an asset to the area, and he noted that in the surrounding area there are a number of houses of like structure (duplex and some two - tenement houses); the house they intend to build would not over - shadow any existing houses as it would extend in height 15 feet from the foundation which would be not more than 3 feet above ground to the peak; he and his brother intend to occupy this proposed house and they would do everything within their power to be good citizens and abide by the laws and regulations with regard to car parking - they intend to provide facilities so they can park their cars off the street as there is room to do so on this proposed lot. He explained that the height of the house foundation would be 4 feet and there would be 12 feet on top of that again, part of which would be underground - the house should not go much over 15 feet above ground level, with a 3 -foot peak of the roof; the plans showing provision for parking have been prepared and he believes they have been given to the Planning Department; the height of this proposed house would not be as high as most of the other homes in this area; in their proposed house they will be making use of the basement for bedroom area and there would be one floor above the basement area - it is really a semi - bungalow building type because there were not two full storeys. He advised that with regard to the placing of the house on this lot, he understands that the requirement is that the house be six feet from the property line on the side next to the Fearnhead property - Mr. Fearnhead's property line is quite a distance from Mr. Fearnhead's house so the proposed Goss house would not be that close to the Fearnhead house; on the other side, there is 9 feet between the house and the property line, so, again, there would be quite a distance between the proposed Goss house and the property line of the resident on that side; he was given to understand that the placing of the proposed Goss house meets the requirements of the by -law. He added that there is no reason for his brother or himself to park their cars on the street because provision has been made on the plans for parking on this lot. In reply to Councillor Gould's query as to whether there is another two - family dwelling on ither Wallace Court or Pine Avenue, Mr. Zides advised that there is one in this area, and he confirmed hat it is there now illegally. Mr. Zides advised that on Pine Avenue at the corner of Sand Cove Road here are old multi - family buildings that were placed there after having been moved from their original ocations several years ago. With regard to the question as to whether the placing of the proposed uilding with regard to the distance from the side property lines meets the requirements, Mr. Zides ointed out that this is a very odd- shaped lot and you really could not meet the by -law in all respects - here is a big back yard but it is an oddly- shaped one - according to the by -law the developer has to ave 25 feet clear there, but he does not, in all respects - this is a very minor issue and that is the my thing that might be wrong if it were legally possibly to put a two - family building on that lot. He dvised that the Planning Advisory Committee recommended against the re- zoning simply because of the very trong negative response it received from some of the people in the area; the Committee determined, ightly or wrongly, - a valued judgement - as to what is the best use for that particular area; the ommittee's recommendation is single - family use of that lot. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning the lots on I'?e -,z o h i h9 Wallace Court and possibly the lots on the north side of Pine Avenue from Wallace Court to the railway racks, from "R -1B" One- Family Residential district to "R -2" One- and Two- Family Residential district, be read a first time. Councillor Davis voted "nay" to the above motion. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint and Amendments Thereto ". On motion of Councillor Higgins Seconded by Councillor Green RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- /� aw of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning the lots on Wallace Court and possibly the lots on the north side of Pine Avenue from Wallace Court to the railway i��d �CTU S racks, from "R -1B" One- Family Residential district to "R -2" One- and Two- Family Residential district, be read a second time. �e -zori n Councillor Davis voted "nay" to the above motion. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint ohn and Amendments Thereto ". The Common Clerk stated that the proposed re- zoning for Signet Realty Ltd. of the Nazarene property at 7 -9 MacLaren Boulevard from "RM -1" Multiple Residential district to "B -2" General • • [1 • I ttr-�,ey Re -.Z AA71, C Business district classification, was duly advertised and that a letter of objection to such re- zoning has been received from Mr. R. J. Tobias, proprietor of Ricky's Crescent Valley Shopping Centre who notes that the ap- plicant proposes to use the said property for a restaurant, and advises that Ricky's has a sit -down fountain which serves light lunches and the Valley Fries has a complete takeout service and these two eating establishments, O�/o� which are in the Crescent Valley area which is primarily a residential district with hardly any transit trade, �f• ✓- / and which are already located in the vicinity, rely on a few truckers and painters, also local residents, for their livelihood. The letter states that Mr. Tobias believes there is sufficient food service in the area to service the requirements; aside from the adequate food service in the community there is traffic in a congested area to contend with, due to the numerous (four) schools and two churches plus a community centre which creates a steady flow of children to and from the streets; any more business in the area would cause more traffic and thus more hazards to the children of the community. The letter states that on these basis, Mr. Tobias believes the Council and the Planning Advisory Committee have no alternative but to decline the application for re- ' zoning. Consideration was given to the letter from the Planning Advisory Committee which recommends against re- zoning of the said property which is located at the intersection of MacLaren Boulevard and Taylor Avenue for the proposed use (a Chinese take -out restaurant) as the Committee believes that the proposed use is undesirable at this location for several reasons. The Committee's letter points out that there is already one take -out restaurant and a sit -in facility at the intersection of Churchill Boulevard, Taylor Avenue and Somerset Street, and that a second take -out immediately across Somerset Street from the first, would only serve to complicate the flow of traffic through this intersection; also, local residents have indicated that there is a juvenile problem ' in the area and they consequently feel that, in all probability, a take -out restaurant would become a "hang- out". It was noted that no person was present to speak against the said proposed re- zoning. Mr. Arnold Allen, a resident of MacLaren Boulevard, spoke in favour of the said re- zoning. He made the following points:- he is not completely familiar with the objections to the re- zoning - from what he read in n the newspaper the problem involves a cross - traffic problem as well as objections from residents of the area; he �/ 1lej does not know whether Mr. Tobias is a resident in the area, or not; he believes the re- zoning of this lot is in accordance with the plans for the area and that the area around the corner of Taylor Avenue and Somerset Street • on each side is zoned for commercial use; there are three streets that adjoin the property concerned; one of the objections seemed to be the cross - traffic - it would seem that with those three two -way streets that the company involved in placing a restaurant there will completely open it to opportunities for entrance and exit on to any one of those three streets, that would be in accordance with a good traffic system in the area; there is no parking problem in that there would be off - street parking; Mr. Marquis, the lawyer for the purchaser, has stated that there will be a budget of $35,000.00 for improvement to the property - Mr. Marquis quoted to him this afternoon, also, that the only objection that he had received was that the residents of the area did not want it fenced so that they could walk across it; Mr. Allen noted that there is a sidewalk all the way around the lot in question so it would not pose any particular problem. On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that the letter from the Planning Advisory Committee advising that the Committee recommends against re- zoning of the property located at the intersection of MacLaren Boule- vard and Taylor Avenue from "RM -1 ", One- and Two - Family Two- Storey and Two- or Three - Storey Multiple Residential 111:5. district in order to permit a Chinese take -out restaurant on this property as the Committee believes that the '�� a dIj61 proposed use is undesirable at this location for several reasons, be received and filed and the recommendation adopted. &?I- , ^� The Common Clerk stated that with regard to the proposed re- zoning for East Side Enterprises Ltd. of the area south of University Avenue lying east of the Huntington development townhouses about Candlewood Lane to permit the erection of 17 twelve -unit apartment buildings and the establishment of a public "green" area along University Avenue, the necessary advertising took place, and no objections have been received in this regard. IQo person was present to offer comment regarding the proposed re- zoning. On motion of Councillor Higgins • Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law �Te- .zOi9 %Pr of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning the area south of University Avenue lying east of the Huntington development townhouses about Candlewood Lane, from "PD" Planned Development district to "RM -1" Multiple Residential district and "P" Park district, be read a first time. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint john and Thereto ". On motion of Councillor Gould ' Seconded by Councillor M. Vincent a 0� �5,./f, RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law Q of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning the area south of University Avenue lying east of the Huntington development townhouses about Candlewood Lane, from "PD" Planned Development q�ef�plSe district to "RM -1" Multiple Residential district and "P" Park district, be read a second time. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". The Common Clerk advised that advertising took place regarding the proposed re- zoning of the site of the recently burnt out Thistle Curling Club and the adjoining property at 53 Dufferin Avenue from "R -2" One- and Two- Family Residential district to a "B -2" General Business district classification or other appropriate zone T�; /e JJ and a corresponding text change, if necessary, to the Zoning By -Law to permit a new enlarged Thistle Curling 4r�_ /' n Club in the chosen zone. He advised that a letter of objection was received from Mr. Douglas F. Carson of 90 9Y Lansdowne Avenue. c/u2f �pyt�j�S F. A letter from the Planning Advisory Committee, dated May 6th, 1975, advises that the new curling club Sprj building will occupy the site of the original building, plus a proposed expansion on the east measuring 155 by 48 feet, and a proposed expansion on the north measuring 85 by 22 feet, and it will provide eight curling lanes and a two - storey club house, with 42 off - street parking spaces to be provided on the site; that at its April 30th meeting the Committee heard the views of several neighbourhood property owners opposing the re- zoning application and a group representing the Thistle Curling Club was also present; that at the meeting, residents of the area indicated that they are opposed to the application for the most part because of the traffic generated by the Club and the lack of sufficient off - street parking facilities which, in the past, resulted in overflow 524 parking and congestion on the streets in the vicinity -- particularly along Dufferin Avenue -- and also because of the noise made by Club members in the late night hours when leaving -- the residents also • indicated that these problems increased significantly at times when the Club was being used for special events such as a biergarten. The letter states that in support of their application the Club has stated that: (a) presently, there are fixtures on the land representing a significant investment by the Club - the ice plant, for one, could be partly recovered and relocated but only at high cost - the existing concrete slab and foundation cannot be relocated; (b) the Club has been in operation at this location since 1947 and at no time in the past have members ever been aware of any bad feelings toward the Club on the part of neighbouring property owners; (c) relief, in the form of additional off - street parking spaces is forthcoming since Thistle will obtain permission to use an additional 107 parking spaces from the Royal Bank (parking lot on Lansdowne Avenue) and Fairview Plaza (parking lot on Lansdowne Avenue). The letter states that the Planning Advisory Committee recommends in favour of re- zoning the Thistle Curling ' Club property and the adjoining acquired property to the north on Dufferin Avenue, as shown on the submitted plan, to an "I -1" Light Industrial zone - the re- zoning to be pursuant to Section 39 of the Community Planning Act and would restrict the use of the property to the specific proposal before Council to rebuild and enlarge the curling rink; that under the Zoning By -Law 149 parking spaces are required in conjunction with the proposed use - only 42 are proposed on the site and a suggestion has been made that the property between the building and Dufferin Avenue also be used for parking, even though the Zoning By -Law requires the front yard to be landscaped and not used for parking - the Planning Advisory Committee will not grant variances in respect of the front yard and the total number of off - street parking spaces to be provided - the front yard is to be properly landscaped but may be crossed by drives and a walk; ' that it is impossible to provide the total required parking on the site, and the Committee is willing to grant the necessary variances to permit 42 spaces on the site rather than the 149 required on condition that satisfactory written agreements are filed with it which provide the Club with the 107 parking spaces at the Royal Bank of Canada and the Fairview Plaza parking lots for a period of at least five years - no building permit for the reconstruction of the rink can be issued until the foregoing conditions have been met. Mr. Douglas F. Carson was present, in support of his above named letter which contends that the proposed 42 off- street parking spaces it not nearly sufficient for the members of Thistle Curling Club and.Which advises that Dufferin Avenue is already congested from residents' cars and those of the 7,7 patients at the medical centre, and that the common alley behind the rink offers no parking and that the • Carson proposal to park at the Royal Bank and Fairview Plaza parking areas can be proven to be a ridiculous solution - that, in brief, the total on- street and off - street parking available is grossly inadequate. Mr. Carson stated that his mother, Mrs. Ella Carson, owns 90 Lansdowne Avenue which is in proximity to the property under discussion, and that he opposes the application of the Thistle Curling Club for a re- zoning variance to permit construction of a new, enlarged club house and rink. He made the following points: he does not oppose the building of a curling rink for Saint John because he agrees that the city needs a rink; he cannot see that the Curling Club's point that it has considerable re- usable assets in the ap- proximate value of one hundred to one hundred and fifty thousand dollars in the burnt -out side is an issue at all - the residents of the area are entitled to protection of their assets which he feels would suffer if the proposed crowded rink was allowed to be built; on the question of what would be built on the site if the rink is not built there, he felt that the residents of the area will take their chances in that regard; the question is simply one of parking; a representative of the Curling Club told the meeting of the Planning Advisory Committee that the Club was going to limit its membership to 400 (regarding the matter of parking spaces), but his own information is that the membership figure exceeds 400 and approaches 1,000, including social members of the Club; the Club told the Advisory Committee meeting that it had I permission from the Fairview Plaza and from the Royal Bank to use their parking spaces on specific oc- casions if they had written permission from Upper Canada - however, who is going to park in the Royal Bank lot, walk across Lansdowne Avenue (which is one of the most heavily travelled streets in the city and is now being widened) and across properties fronting on Lansdowne Avenue to reach the curling rink - he does not believe that anybody would walk that distance, which is about 270 yards from the nearest point in the parking lot to the rink; he does not believe that the proposed arrangements for parking spaces is an answer to the problem. He asked if the Council votes in favour of the Club's proposal, is the Council prepared to: insist that the Club have a firm agreement for off - street parking for cars; enforce the "no parking" on, and at the end of, Dufferin Avenue; insist that the Curling Club cease its operations at midnight and extract from the said Club a promise that it will pave its parking lot and that it will not put up harsh lighting, and extract a promise that the Club will not have a biergarten. He pointed out that the residents of the area have rights, and have to live there. He displayed pictures of the Fairview Plaza and Royal Bank parking areas in question taken by him on Thursday evening, May 8th last, to show the Council members that the said parking areas are completely occupied. Councillor MacGowan asked if adequate • " parking could be found, would Mr. Carson still be objecting to the Club's proposal regarding the other reasons. Mr. Carson replied that he based his objection on parking, and if adequate parking can be found, then obviously he cannot object - he just maintains that he cannot see that adequate parking can be found. Councillor MacGowan suggested that the area behind Dufferin School as a parking site, and asked if it a would be available. Mr. Carson noted that there is a steep hill on that land which would be very slippery in the winter time, and that there is not very much area in that particular site; further, he felt that the Board of School Trustees would object to the existence of parking where school children area. Councillor MacGowan felt that this particular lot could be levelled for use as parking and access could be gained to the Curling Club property by means of steps leading down to the lower land level - this would mean that such parking then would not be in proximity to the Dufferin Avenue houses and it would eliminate a good deal of the noise if this suggested land could be used for parking. Mr..Carson conceded that this sug- , gestion would increase the parking spaces, somewhat. Speaking in support of the proposed re- zoning, Mr. Jack Lewis, President of Thistle Curling 171--7 Club, advised that since the fire of February 13th, 1975 which destroyed the Thistle curling rink, the St. O Andrews and the Thistle Curling Clubs have amalgamated, and they are endeavouring to provide enlarged Ti7�a�/ e facilities to provide eight sheets of ice for recreation and curling in this city. He pointed out that as (— //u a service to the community, over the last few years the Thistle Curling Club on one day a week basis took in a large number of high school curlers (80) to curl for two hours at no charge, and they hope that in the new curling club they will be able to accommodate 124 high school curlers at no charge. He advised ' that he was not aware of the contents of the Planning Advisory Committee letter that was before the Council at this meeting, setting forth the requirements regarding landscaping of the front yard of the proposed rink which may be crossed by drives and a walk, and the requirements regarding the obtaining of use of the parking spaces (107 in number) at the Royal Bank of Canada and Fairview Plaza parking lots for a period of at least five years by means of written agreements. He stated that he thinks he will have to agree that if it is tied to that particular proposal there is no way the Thistle Curling Club could build a curling club - that is, if the Club had to have it in writing regarding those 107 parking spaces from someone, there is no way the Club could build a curling club - he does not think that any businessman or company would give a commitment in writing for parking spaces for a period of five years. He added that he Club has been given verbal assurance that it is free to use the said parking lots, but he felt it is • not possible to obtain it in written form. He stated that the parking lay -out for the Curling Club land as been revised and they will now be able to provide 62 on -site parking spaces. With regard to the volume of Club membership, he stated that the figure is 400 male members - last year, the Club had 340 I �25 senior male members and approximately 60 associate male members who paid dues to Thistle; he does not know what the figure of over -all membership would be with the two Curling Clubs amalgamated but he knows they had 73 male • members from St. Andrews Curling Club last year; he believes there are about 100 members in the ladies' assoc- iation of Thistle - the lady members of the St. Andrews Curling Club last year curled at the Riverside curling rink. He added that the lady curlers curled in the afternoons and mornings at the Thistle rink, and that it is hoped that with the enlarged club facilities and more ice surfaces there will be more lady curling members. In reply to Councillor MacGowan's question as to whether the Club has tried to acquire any other property in the rink area for parking purposes, Mr. Lewis stated the Club has not done so. In reply to her request that the Club see if the property on Elm Street behind Dufferin School to which she had referred during the discussion with Mr. Carson, would be available for parking space and improved as suggested by her (levelled off with access from a different area so as not to disturb the area residents, and have steps leading from that parking,area _ down to the rink area), Mr. Lewis stated that the Club would be willing to see if this land is available and to give it some consideration. In reply to Councillor Green's question, Mr. Lewis gave assurance that the Club ' will be trying to arrange other parking besides on the street, stating that the Club had purchased property next door to the Curling Club last year for the purpose of providing off - street parking space; further, it is the intention of the Club if the project is approved for the new curling rink, to pave the said parking area, he believes. In reply to Councillor M. Vincent's question as to how many people would be curling on the eight sheets of ice surface at the one time, Mr. Lewis stated that the maximum number the rink could accommodate would be 64 curlers. Councillor M. Vincent asked what would be the maximum number that could be accommodated at the rink's lounge facilities, and Mr. Lewis replied that it would be 128 - he added that, usually, there would be a short period of time when you would have that number, probably, but this would be between curling shifts. Councillor M. Vincent's observation that if the lounge was full with 128 people, and there were 64 curlers on ' the ice, there would not be 200 people there, was confirmed by Mr. Lewis. Councillor Parfitt recalled that at the meeting of the Planning Advisory Committee, reference was made to the fact that the Thistle Curling Club was reviewing the matter of holding a biergarten during Loyalist Days this year. Mr. Lewis replied that the Club was going to look at the possibility of not running the biergarten this year. Councillor Parfitt asked if the taxpayers subsidize the curling club in any way, through their taxes. Mr. Lewis made negative reply. In reply to Councillor Parfitt's question as to how many bonspiels are held at the rink throughout the year (relating this to the 62 parking spaces that are proposed to be provided at the rink site, and the number of people who would be attending the bonspiels), Mr. Lewis advised that there are about four big bonspiels held during the year. Councillor Cave, noting that there is quite a big area behind • the Dufferin School that is not used, felt that the suggestion made that the Club approach the School Board to see if that area is available as a parking area is worth looking into. With reference to the question of how many curlers would be using the Club's facilities at any one time, Councillor Cave pointed out that it has been the experience that three - quarters of the curlers go home once they finish their curling shift, making room for additional cars at the parking spaces. Councillor Kipping noted that along with the said School Board property with relation to the parking area problem, there is vacant land which is partially filled, off the end of Dufferin Avenue on Metcalf Street, which looks as if it would hold a substantial number of parking spaces, and he suggested that the possibility of acquiring that piece of land be looked into by the Club. Councillor Higgins felt that the Council could give two readings to the Zoning By -Law amendment at this meeting regarding this proposed re- zoning, and before third reading, a mutually agreed upon contract be worked out by the Club with the Planning Advisory Committee with reference to the variances, as set out in the Planning Advisory Committee's requirements, so that when the Council two weeks hence considers third reading on the re- zoning these matters will have been resolved. Councillor Higgins asked Mr. Zides to explain what type of ' a written agreement is required by the Committee regarding the parking spaces that the Club could use at the parking lots of the Fairview Plaza and the Royal Bank. Mr. Zides replied that the Committee does not find simply a letter to be sufficient - the Committee requires an agreement. Councillor A. Vincent stated that he is not sure - he may be directly interested in this Curling Club matter, and he would like to declare his interest as an interested party; he is not a member of the Thistle Curling Club but he feels he will be involved directly, on another matter. He asked if he would be required to withdraw from the meeting during voting on the re- zoning, therefore. Mr. Rodgers replied that Councillor A. Vincent's procedure is to declare the interest, and then vote. Councillor A. Vincent thereupon advised that he may be trying to help this Club in a matter that is really not any business to this Council, but he is declaring such interest at this time. The Mayor noted that Councillor A. Vincent may vote on the re- zoning. At this time, Councillor Davis noted that the Planning Advisory Committee's letter will have to be re- worded, in view of the fact that 62 parking spaces would be provided by the Club on the land off Dufferin Avenue. Mr. Zides stated that he would like to examine the plan in this regard before he makes a recommendation to the Planning Advisory Committee. Mr. David Buckle, First Vice - President of the Thistle Curling Club, speaking in support of the re- zoning, advised that the Club feels that the matter of cost of the foundations, the rink slab, the machinery and equipment that the Club has around the burned -out site and the housing that surrounds this equipment is a most serious consideration; the value of those items given to him in a valuation letter recently is $208,000.00, which is a lot of money to leave lying around on the ground; in addition to that, the Club owns the land on which there is also a value; if the members had to put $208,000.00 into another club, to duplicate these assets, would just about mean the project could not be accomplished; there is no way the Club can rebuild if it has to duplicate these assets. He explained that when the St. Andrews Curling Club disbanded, Thistle was able to �L(,6✓ absorb quite a few of the male members of the first named Club but there were so many lady curlers of the St. Andrews Club, combined with the number of female curlers in the Thistle Curling Club, it would have been im- possible to absorb the St. Andrews female members; now, with the new building that is proposed, the proposal is to expand the Club and in this way the lady members of the St. Andrews Club can be brought back to the Thistle rink, to join their husbands who are curlers there. Mr. William McKiel, a Director of Thistle Curling Club, and a resident of the area under discussion, stated he does not believe that we are going to have the problem with the biergarten any longer. He pointed out that practically everybody who belongs to the St. Andrews and Thistle Curling Clubs shop in the North End of the ' city and will be shopping at the Fairview Shopping Plaza, and that as citizens of the city and as shoppers of that area they have the right, and will be given the right, to use the parking facilities of Fairview Plaza. He felt it is a simple matter, when parking just at the edge of the said Plaza, for the curlers to cross Lansdowne Avenue and to walk directly across Elm Street, through the parking lot of the newly established commercial area of Woodhouse Limited, in to the Club. He stated that in the opinion of the planning group of the Club parking facilities are not going to be all that difficult, and he does not think it is going to pose the problem in the future that it has posed in the past. He stated that there is no way that a letter can be obtained from the owners of Fairview Plaza or from the Bank guaranteeing the Club members the right to park at these parking lots, but there would be no objection raised because they are simply citizens parking there to do shopping or to take advantage of the area. • �1�h�. Q /U� Councillor Higgins stated that before third reading of the proposed amendment to the Zoning By -Law I ,/Gt regarding this proposed re- zoning, he wants a letter from Mr. Zides saying that the Curling Club has met with n a,WO . 11 the Planning people and has resolved their differences. 526 f7e- ,Zo t�in9' 7Tiist/e C /u6 fje -z on h9 `I/a /%r 7�ean cos ��y a�aihSt he- .Toning On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning the site of the recently burned out Thistle Curling Club and the adjoining property at 53 Dufferin Avenue, from "R -2" One - and Two- Family Residential district to "B -2" General Business district or other appropriate zone and a corresponding text change, if necessary, to permit a curling club in the chosen zone, be read a first time. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning the site of the recently burned out Thistle Curling Club and the adjoining property at 53 Dufferin Avenue, from " One - and Two - Family Residential district to "B -2" General Business district or other appropriate zone and a corresponding text change, if necessary, to permit a curling club in the chosen zone, be read a second time. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint and Amendments Thereto ". Councillor Davis pointed out that the re- zoning matter has nothing to do with the parking by -law requirements; the only way that the parking by -law (which requires 149 parking spaces for this curling rink) can be changed is that the Council takes action to change it - either you meet the requirement regarding the number of parking spaces or you ask the Council to change.the law. Consideration was given to a letter from the Planning Advisory Committee with reference to the request that land on the easterly side of City Line, and opposite Rodney and Winslow Streets, be re -zoned for Mr. Walter Kean who proposed to construct, over a period of time, three 12 -unit apartment buildings -- and advising that when the proposed re- zoning was considered by Council at its meeting held on March 17th last there was opposition to the project by residents of the area, one of whose main objections was the blasting that would be necessary for these buildings as then proposed - other concerns were the lack of parking and open space on the site -- and the matter was referred to the Committee; that the said Com- mittee met with objectors and with Mr. Kean and Mr. Kean has subsequently submitted a new proposal which differs from the previous one in that he now proposes to erect only two 12 -unit apartment buildings and for which the same extent of blasting would not be required. The letter states that the bulk of the blasting now would be in the City streets to extend services to the site and it is expected that the City would take responsibility for blasting in the City streets. The letter states that the Committee re- commends that the area shown shaded on the submitted print be re -zoned from "P" Park to "RM -1" Multiple Family Residential classification, subject to an agreement under Section 39 of the Community Planning Act tying the development of two 12 -unit apartment buildings to the layout shown on the second print that is submitted. The letter adds that the Committee expects the City to either carry out or closely supervise any required blasting for services in the streets. Dr. Monica Mooney was present at the meeting, with regard to an addition to the petition pre -' sented at the March 17th last meeting of Council which expresses objection to the proposed re- zoning by residents of the area for the various reasons expressed at that time. On motion of Councillor A. Vincent Seconded by Councillor Davis RESOLVED that Dr. Mooney be heard. Chief of Police E. W. Ferguson entered the meeting. Dr. Mooney presented a written brief with which is enclosed 164 additional names to accompany the above named petition, and stated that those who signed the petition are concerned that: the proposed development of the site in question would be taking the existing playing area and sliding hill away from the children; possibly there would be danger from any additional traffic in this hilly area; bringing apartment buildings into this mainly one -and two - family block, not only because of the population of apartment buildings, but also because the buildings will spoil the view and will be out of keeping with the present architecture of the area. The brief enlarges on the type of architecture in the existing area and expresses the view that it would be a shame to spoil the quaint look of West Saint John with apartment buildings, and that these old homes in the area could prove to be of interest to tourists, and that people should be encouraged to preserve these old homes in the West Saint John area and maintain their style of architecture in good condition. The brief expresses the view that this can be done by encouraging home owners to remain in the area, but that home owners will not remain there if apartment buildings are brought in, and this will result in a gradual deterioration of the quaint and charming appearance of these old homes. The brief suggests that if a new type of housing (apartment buildings, condominiums, town houses, row houses, et cetera) is desired for development, that an entirely new area be found for same and be made suitable for gracious and happy living, which would avoid unhappy contrasts of building styles, and that the living patterns of apartment dwellers and those living in single - family type dwellings are basically different and are not compatible in the same neighbourhood, and are not conducive to generating a neighbourhoodly feeling. The brief reiterates the concern of the residents over the possibility that the blasting required for laying sewer and water lines might damage their homes, and offers comments on the question of stability of the land in the immediate area of the proposed housing development of Mr. Kean. Dr. Mooney stated that a proposal to re -zone an area is very disturbing to the people in the area and it takes a toll on their health - especially the people in the immediate area who work so hard and are very upset about their life -style being disrupted. She stated that with regard to her own property, its back yard is not affected although her back windows are, but there are people whose backyards would be overlooked by the proposed three - storey apartment buildings which she feels is not right. She stated that the property owners there all have one - family houses except for one one - family house which has been converted into a two - family house in the immediate block in which she lives - there are one - family homes across the street and two - family homes, and one house has been converted into an apartment house. She stated that she does not know what the residents are going to do for the parking if the proposed re- zoning goes through - she thinks they are going to have to ask the City to put a barrier at the head of the hill, so that there can be no through traffic because in the wintertime they can hardly get in to their own driveways on City Line - there are two blind hills and the situation with snow is very bad; that is a big factor, and they are very concerned, because they do not know what they are going to do about this problem in the wintertime. • • • • I 2 7 �b In reply to Councillor Higgins' question as to whether Dr. Mooney is aware that Mr. Kean now proposes • to erect only two apartment buildings on the site of 12 -units each, Dr. Mooney stated that she is, and that the situation is now worse than ever because Mr. Kean proposes to place one of these buildings in such a manner that it affects the backyards of the residents - she added that she is opposed to this revised plan of Mr. Kean, and that would be opposed to even one building on this site, and that she is opposed to any further traffic on that City Line hill. Councillor Parfitt recalled that the site in question, which was City -owned land, was advertised in A /ex�1� 1965 for a developer to build approximately 34 apartments on it, and she noted that the residents of the area /iir°v4ps . did not take any action at that time to oppose the possibility that there could have been approximately that nX �O/-9fL number of apartments in their midst. Dr. Mooney replied that nobody notified her by letter of such proposal. �klma 6� fOi7 It was noted that the following letters of objection to the proposed re- zoning of the site in question �q $90 have been received:- from Mr. Alex Buchanan of 71 City Line, from Mr. and Mrs. Francis X. Collins of 87 City Line, from Mrs. Elma G. Johnson of 67 City Line, and from Mr. and Mrs. Ian Best of 92 City Line. 1�pi des On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that the proposed re- zoning of a parcel of land running between ';pe -2.9 til, J City Line and Lancaster Street and between the lots facing on Guilford and Charlotte Streets excluding therefrom /A/� / - /_/ ✓✓ the Winslow Street Playground, from "P" Park classification to "RM -1" One- and Two - Family Two- Storey and Two- or l�Q' L� Three- Storey Multiple Residential classification, be refused and that the said area be referred back to the Planning Advisory Committee to determine what the Committee considers to be proper zoning to be considered by `%1gp7/j. the Common Council for same. 0O.wm 4;eejo/ ?y9ea Question being taken, the motion was carried with Councillors Parfitt and Kipping voting "nay ". Mr. Earl V. Doyle, President of the Grandview Avenue Home and School Association, at this time pre - 0 ,A/q -0 sented a petition from residents of School District 20 and parents of children who attend Grandview Avenue — / (/ Elementary School, requesting that the present water facilities at the Saint John Institute of Technology, on •�G� // Dpj pe Grandview Avenue, extended to the said Elementary School (a distance of approximately 15,00 feet) for the p e following reasons:- (1) there are no recreation activities in this area during winter months - a paved area to the rear of the Elementary School could be used as a surface for a skating /hockey rink if there was an adequate / (?Aao? 1 PrA? / water supply; (2) although there have been only minor breakdowns in the school water supply, it is conceivable (�Q that a breakdown of existing facilities could cause serious health hazards and closure of the school building; ,qC' 007 (3) recent break -ins, when a fire was set, brought to these residents and parents the realization that a good non Jf e portion of the school, especially the old section, could be destroyed before a pumper truck could be summoned - CT dfo� with such a large, sprawling building it would not be reasonable to think a fire could be contained by a pumper Ave. r1AQIoe vc truck. Mr. Doyle advised that these residents have been told by the City Recreation and Parks Department that a �00� /TS skating rink cannot be provided on the above noted paved area at the rear of the school in the winter time for the children if there is not an adequate water supply. In reply to Councillor A. Vincent's question as to how many people live beyond the said Elementary School, Mr. Doyle stated that the majority of the parents of the children who attend this school live beyond the location of that school. Councillor A. Vincent expressed the view that the Council should give serious consideration to this requested water extension. Another point made ' by Mr. Doyle is that it is difficult for these children to get to this school, there being no public trans- portation for them to use - the public transportation service stops at Champlain Heights. The Mayor advised that the Council will render a decision in the matter of the petition, later in the meeting. On motion of Councillor Gould Seconded by Councillor M. Vincent S /O RESOLVED that the letter from the City Manager, advising that Lloma e+%(� el-#70 Construction, represented by Mr. Lloyd Paul, is developing approximately 600 feet of Bonita Avenue and 400 feet �/D/..1�7,`7-� 11 of Michael Crescent in Silver Falls Park (the area consists of nine lots to be used for apartment buildings) and C_Oi7sT.�'P.CG�. that servicing plans submitted by the developer have met with the approval of the Works Department, and recom- mending that the following expenditures by the City be approved for water and sewerage materials to be used in �d ✓ the above named extension of services in Phase VII of the Silver Falls Park Sub - division, and be charged to the 1975 Capital Budget, and that the Mayor and Common Clerk be authorized to execute the sub - division agreement in due course, the said expenditures being:- (1) water materials (watermains, gate valves, fire hydrants, et cetera) •� % /�� $17,000.00; (2) sanitary sewer materials (pipe, manholes, et cetera) $4,800.00; (3) storm sewer materials (pipe, manholes, catch basins, et cetera) $14,600.00 -- totalling $36,400.00 -- be received and filed and the recom- %( endation adopted. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that in accordance with the recommendation of the City Manager, authority be granted for payment of the following construction progress certificates and approved invoices for engineering services in connection with projects that were undertaken under the Department of Regional Economic Expansion programme: - cOK pZ�� .719 ',Bv C.7&,0Q? I. Courtenay Bay Causeway Approaches c3 A.D.I. Limited A, Ze- (a) Engineering Services for Western Approaches Payments previously approved $ 148,251.20 Sum recommended for payment, Progress Estimate Number 34, dated January 31, 1975 $ 4,595.82 (b) A. J. Callaghan & Associates Engineering Services for Eastern Approaches Payments previously approved $ 115,974.48 Sum recommended for payment, Progress Estimate Number 35, dated March 3, 1975 $ 1,884.00 (c) A. J. Callaghan & Associates Engineering Services for Eastern Approaches Payments previously approved $ 117,858.48 yry /. /ndp�/ /'G° /R /(� Sum recommended for payment, Progress Estimate Number 36, sewer • dated April 14th, 1975 $ 1,338.00 2. Milford - Randolph - Greendale Collector Sewer Giffels Associates Limited Engineering Services Payments previously approved $ 122,128.62 Sum recommended for payment, Progress Estimate Number 42, dated May 5, 1975, Invoice 23316 $ 4,245.62 Councillor M. Vincent asked if a penalty clause is still in effect regarding delay in com- pletion of the Courtenay Bay causeway approaches, on what he would have believed to have been a much G'o�6^�ehay earlier completion date. Mr. Barfoot confirmed that there is a penalty clause still in effect and it is • still being examined by the Legal Department. Mr. Rodgers was asked to clarify what has been referred to the Legal Department in this particular matter, and stated that it would be necessary for him to check // the City records to establish this - at the moment, he cannot recall it having been referred to the Legal e7�l�Jy1ClQCiI2 Department, but that does not mean it was not so referred. Councillor A. Vincent questioned the City's ✓✓ ]legal position in exacting a penalty regarding the causeway approaches completion of work, asking if the City does not have to acquire lands, first - and how can the City blame the contractor for not doing something if it is not permitting him to do it. At this time, Mr. MacKinnon provided the following information regarding the causeway approaches contracts:- western approach: the City accepted the reasons for extension of the contract and accepted the date of February 2nd, 1975 as the date for commencement of charging liquidated damages and is so charging said liquidated damages; the expected completion date for this contract is July 25th, 1975; eastern approach: the City considers that December 27th, 1974 is the effective date for liquidated damages - however, the contractor has refuted that date and has cited a number of reasons for delay and is asking for an extension of the deadline, and this matter is under negotiation; the expected completion _. date for this contract is June 30th, 1975. He stated that the City has not received any counter charge from the contractors, but the contractors have had delays regarding the contractors only in work ex- cavations and on power excavations and on manpower, equipment -- the contractors have used a number of reasons for delay; the City has been holding the contractors fairly closely only to those areas it is felt the City may have contributed to the delay. He added that as of right now, the City is installing the electrical conduits and the lights for the western approach and hopes to have them in - although they will not be operating at the intersection, itself, they will be flashing, over the next month or so. , Councillor A. Vincent asked if the "extras" on the contracts have been received yet, and if any part of the above noted payments regarding the causeway approaches go for "extras" approved. Mr. Mac- Kinnon confirmed to Councillor A. Vincent that the consultants are paid fees regarding "extras" payments. Councillor A. Vincent asked what the costs are, in this connection. Mr. MacKinnon advised that with regard to the western approach, the liquidated damages do not include the consulting fees in the co- ntract, so that if there are additional consulting fees for the time (the consultants are being paid on a • per diem rate) the fees cannot be claimed as part of the liquidated damages; the contract on the eastern approach was worded somewhat differently and the consulting fees can be considered as part of the liquidated damages. He advised that no part of the progress payments that are before the Council at this meeting regarding the causeway approaches is going to the consultants regarding extra work - it is going for just the extension of the contract, but not an extra to the contract - there has not been an extra to that contract - it just has not been finished, and the consultant is still on the job; with regard to the question of whether there is any account for extras from the contractor (Goodyear Paving) that has not been brought before Council, he stated he would have to check that. Councillor A. Vincent stated that he will take this matter up, later. Councillor Green asked that Mr. MacKinnon supply information for Council's information as to the total amount of the hold -back to date regarding the Goodyear Paving contracts on the causeway approaches. Mr. MacKinnon replied that he will obtain such information. In reply to Councillor M. Vincent's query, Mr. MacKinnon advised that the original completion dates for the causeway approaches contracts, prior to the respective adjusted completion dates of February 2nd, 1975 and December 27th, 1975, are:- December 1st, 1974 on the western approach and October 25th, 1974 on the ' eastern approach. Councillor Cave noted that the construction work on Bayside Drive, coming up to the causeway eastern approach, is completely at a standstill, and that it will soon be the tourist season again and that work will not be finished. He stated that he realizes that tenders have to be called for the work, but he wonders why the poles and the wires are not being moved at the present time. Mr. MacKinnon explained that the portion of the contract that is unfinished is the portion from Little River bridge to Lee's brick yard - that portion is in the process of being completed, now; the portion running from the railway overpass back to Kane's Corner is the project that has not been let - the engineers have been working on that particular project and it is hoped that it will be out to tender during the coming week for construction, with completion and asphalting probably by October of this year. Councillor Cave asked why the poles and wires are not being moved in preparation for the contract when it is awarded. Mr. MacKinnon replied that such work is part of that particular programme - the cost of removal of the poles and wires is under the Department of Regional Economic Expansion programme and the approval of that work would be subject to the said Department's acceptance on it - the City does not have the tenders out - as • soon as those tenders are out, he believes that everybody can get underway. He pointed out that there may be some change in that contract on the extension of it out as far as Kane's Corner because there has been some delay on the negotiations there of land - we will probably stop the construction short of the Kane's Corner intersection and do that at another time, as a separate portion. Councillor Kipping asked what reasons the contractor is advancing for the hold -up on the construction of the causeway approaches. Mr. MacKinnon replied that the last meeting in this regard that he held personally with the contractor was about a month and a half ago and at that time, the contractor was using the following reasons: that the City had not notified them about the vicinity of hydro lines on the western approach and the amount of power there (he believes that was one of the reasons the City accepted because it had not given the contractor enough information); there was another item with regard to the amount of rock that was there and the contractor took a considerably longer time to remove it; _. there was one item dealing with the availability of equipment and the availability of manpower - the contractor used a number of reasons as to why they could not get men and materials -- however, the City did not accept any of those arguments - he pointed out that the contractor had bid on that, knowing what the circumstances were. He stated that there were other reasons - he does not remember them all; how- ever, the one that the contractor is using at the present time dealt with the availability of carpenters and the portion of the contract where the City stipulated that there be seventy -five per cent local labour - we will have an answer to that in the next few days. , Councillor MacGowan asked for information as to whether the wires regarding the above con- struction work are to go underground. ,Mr. MacKinnon replied that he would have to check the contract to determine the answer to that question. Councillor MacGowan asked if the wires have been placed under- ground in the portion of the contract that is completed. Mr. MacKinnon replied that they are not - they have been removed, and they are still overhead in the portion from Little River out to Kane's Corner - they have just been moved from one side of the road to the other and are still overhead. Councillor MacGowan expressed the view that it is a mistake not to place these wires underground. Question being taken, the motion was carried with Councillor A. Vincent voting "nay ". • n Councillor M. Vincent asked that the Council be provided by the City staff with a full report 09ress for the next meeting of Council on Bayside Drive and the. causeway, so that the Council will know exactly J04e,001*r& hat progress is being made there. The Mayor replied that these reports will be submitted. F_ •Vei Y, / �d4CIt 529 On motion of Councillor Green Seconded by Councillor Cave RESOLVED that as recommended by the City Manager, approval be given for payment of the following construction progress certificates on the following named contracts for projects which are included in the Capital Budget:- 1. Community Arenas (a) A.D.I. Limited Engineering Services Payments previously approved Sum recommended for payment, Progress Estimate Number 8, dated April 30, 1975 ' S/ir/ OMA/S 2 Sul% /i7m M ,Roo / 'mjosoA7 • M Ca /do .C! -tic (b) Rocca Construction Construction of three arenas Total value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated April 25, 1975 Simonds Swimming Pool _,to. Simpson Construction Ltd. Construction of Pool Total value of contract Total work done, Estimate Number 14 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 14, dated April 22, 1975 $ 111,704.56 $ 9,526.59 $2,913,949.00 1,455,762.00 218,364.30 697,557.60 $ 539,840.00 $ 319,250.00 333,389.29 1,250.00 326,721.51 $ 5,417.78 In reply to Councillor Hodges' request for an explanation as to why the cost of the total work done exceeds the total value of the contract regarding the Simonds Swimming Pool, Mr. Barfoot advised that there were some adjustments in the contract - there was an extra which came in to Council for approval about a year ago - there was a credit - there were a number of small adjustments to-the total value of the contract and the extras have been to Council for approval; there is just one small retention still held regarding this contract, in the amount of $1,250.00. In reply to Councillor. Gould's question as to why the total value of the contract would not change to reflect the adjustments, Mr. Barfoot explained that the above figure is the original contract price awarded by the Council some time ago, and that figure is shown for comparison purposes so the Council knows where the value of the contract is going. He further explained that a leak developed in this pool at one stage and there was some additional work done to correct that situation, and the cost of same is part of the difference between the total value of the contract and the cost of total work done; the cost of correcting the said leak was cost - shared with the Provincial Government. On motion of Councillor Pye Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager, stating that Caldo Limited, represented by Mr. Dermott Dobbin, is developing 300 feet of a proposed street (Woodhaven Drive) off University Avenue in order to service Lot Z -1 -B of the Galbraith Construction Limited Sub - division and this lot will then be used for an apartment building; that servicing plans submitted by the developer met with the approval of the Works Department; and that it is recommended that the following expenditures be approved for water and sewerage materials to be the responsibility of the City, to be charged to the 1975 Capital Budgets, and that the Mayor and Common Clerk be authorized to execute the sub - division agreement in due course, the said :expenditures being: (1) water materials (watermains, gate valves, et cetera) $4,400.00; (2) sanitary sewer materials (pipe, manholes, et cetera) $2,400.00 -- totalling $6,800.00 -- be received and filed and the recom- mendation adopted. • Councillor Kipping asked if the above named servicing plans received approval from the Planning Department; that is, was the Planning Department contacted, in order that the clearances and comments of that Department could be obtained. In reply, Mr. Zides replied that this case is rather an unusual one because the lot exists and the area that is required for street purposes is owned by the City - the Planning Department talked with the City Manager about it but the Planning Department per se did not get involved in the matter - perhaps beyond that stage it does not have to go to the Planning Advisory Committee, either - it is just a matter of Mr. Zides meeting with the City Manager on it. He concurred that the Planning Department, generally speaking, concurs with the above noted servicing plans. He further explained that when the original sub - division in this location went through years ago the City was given a piece of land to be held in trust for street purposes, and what is happening now is that the developer has a lot which is in on this street but under the old sub- division plan regarding this existing lot the developer was not going to be given permission to build there until he had arranged to develop the street; the City is now giving the developer permission to develop the street, so that he can construct a building - the zoning for this lot permits the construction of this building, the land in this location having been so zoned some years ago. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the Financial Statements for the months of February and �e�° %OLDS March, be received and filed. C&MO, i.�, we.571i9?ov" " /and? Ree. i� % / / %� • cal/% h ;06vep P Councillor A. Vincent asked that a report be provided for the next Council meeting supplying the following information:- with regard to the trench that is being dug on Westmorland Road from Kane's Corner to the airport for the underground installation of public utility lines, paving has taken place at the intersections of the little streets with Westmorland Road, and he would like to know who is paying for such cost of paving. Councillor Cave stated that he has questioned this same point, and he has been given to understand that the City is billing for this cost. Mr. Barfoot advised that there is a continuing arrangement with the New Brunswick Telephone Company, Limited, as there is with the Power Commission of the City of Saint John; these items of work are measured after it is done, after the job is completed, and a billing is made for that work. Councillor A. Vincent explained that what he is looking for is, how much the contractor is going to pay for the rock cut because the City did all the rock cut round the bid in this regard, just past the shopping mall - the City spent a lot of money last year in this regard and he is wondering if some of that rock cut work is going to be charged. He stated he wants every bit of the money the City spent, paid to the City. Mr. Barfoot advised that the normal practice is to charge the company doing the work whatever the City's cost is in restoring pavements, grass '.plots, et cetera. Councillor A. Vincent asked that this matter be looked into, with regard to his thought that the contractor be charged for costs to the City regarding the rock cut work. The Mayor replied that the requested report will be provided. On motion of Councillor Cave / Seconded by Councillor Green • .s'-7- i�arGOCa r RESOLVED that as recommended by the City Manager and the Commissioner [ of Finance, the Common Council approve the budget for the Saint John Harbour Bridge Authority covering the Ord Wfe Atm,/, period from April lst, 1975 to March 31st, 1976 and that the Mayor be authorized to execute the budget �� ✓���� documents on behalf of the City of Saint John, and that the following notation precede the Mayor's sig- nature on the said documents: - ���s -_� ` "Total Estimated Expenditure $1,750,501 Plus: Contingency for Extra Traffic 23,355 $1,773,856 ". Councillor Parfitt noted that in the last fiscal years there was extra revenues of $200,000.00 ' from the harbour bridge, and that the Provincial Government picks up the debt charges of over one million dollars a year. In explanation of the recommendation that the above noted notation to add the contingency of $23,355.00 for extra traffic to the total estimated expenditure for the period April lst, 1975 to March 31st, 1976, Mr. Park stated the reason he made that suggestion is that the budget, in part, has been drafted in a peculiar manner in that four sub - totals have been shown which have been added into a total, ' but in the middle of those four sub - totals a fifth one has been inserted which is not included in the total - the Harbour Bridge Manager tells him that the Department of Finance in Ottawa expressly directed the Harbour Bridge Authority to draw the budget in this particular way; to Mr. Park's way of thinking, it leaves in doubt exactly what is being approved and he thinks it is clarified by the addition of that particular notation and, then, there is no question that what the Council will be giving approval to is a combination of the total,of the two figures named above. He added that the contingency item is a pro- vision that is made in case there has to be an expansion of the operating programme for the bridge as a result of closing down or restricting the traffic over the Reversing Falls bridge, and it would only be brought into operation in that eventuality. Councillor MacGowan enquired how much of budget figure of $208,800.00 for salaries and fringe benefits goes to the commissionaires who are on duty at the harbour bridge toll gates. The Mayor stated • that he has also asked that question and there is not an answer, but we are going to have an answer. Councillor MacGowan stated that when she compareec that figure and the figure of $42,415.00 for toll collection equipment rental with the 1973 -1974 revenue figure of $619,227.00, it means that we are only talking about a difference of approximately $350,000.00, and that when you think that the citizens of Saint John are paying that extra amount she feels that the time has come that we should ask again to have the harbour bridge tolls removed, particularly since there is talk about closing the Reversing Falls bridge for an undetermined length of time. She pointed out that the cost of operating this bridge as a toll bridge is continually rising. She proposed a motion that the Council, once again, attempt to have the said tolls removed and approach the proper authorities. Councillor A. Vincent asked that Councillor MacGowan defer this proposed motion for a month, explaining that we have big things in the making there. �a�^fioccl" %O��S� Councillor MacGowan asked that the matter be on the Council agenda again in four weeks' time, regarding removal of the harbour bridge tolls, for consideration. retwo r� On motion of Councillor Gould ' Seconded by Councillor Hodges 7e-Awers w?CC'e RESOLVED that in accordance with the recommendation of the City Manager and the Purchasing Agent, tenders for supplying various pieces of motorized equipment for the WW&pi ,Xe,W Water and Sewerage and Works Departments be awarded as recommended in the submitted bid summaries, and 69`e /P pn erit that with regard to the two units (one sidewalk sweeper and one refuse collection unit) on which no bids -J f� were received the Purchasing Agent be authorized to invite quotations and report the results to Common r dLz-"�/� d /it10 S .1�e Council for approval: ¢ AND FURTHER that the report from the City Manager, advising that on the bids for one tandem ri► G�+'�q //�d roller, Gill Equipment Ltd. have submitted a price of $13,249.44 for a used Aveling Barford TR3 TRS roller d which unit was rented by the City for three months last year and the said price quoted reflects the rental SWee�/ payments made, and, therefore, the Executive Director of Operations is recommending that since there is a gat- e definite need for additional rollers and funds are available that this unit be purchased in addition to • QO // �b/l uhf that recommended in the bid summary, be received and filed and the recommendation adopted: AND FURTHER that as recommended by the City Manager and the Purchasing Agent, no award be made 61,,11 k mp regarding the tenders for one hydraulic backhoe and in order that the available funds be put to better use Y the City's equipment requirements for the Water and Sewerage Department be re- evaluated and that new specifications be drawn and tenders recalled. Xoe ,?7r. /enders � Councillor M. Vincent asked if the City was renting the tandem roller that the City Manager and Purchasing Agent are recommending the City purchase for the total amount of $13,249.44 net cost, in the �� h .9 light that if the City purchased this piece of equipment the rental paid by the City would be applied toward the purchase price. Mr. Barfoot confirmed that this was the arrangement. Councillor M. Vincent ' noted that the City was renting this piece of equipment, and the tender report states that it does not meet the specifications, and yet the City was renting it, and it appears that instead of buying a piece of equipment costing $13,249.44 the City is going to buy a piece of equipment costing $25,920.00 in total (from Rosser Sales & Service Ltd.). Mr. MacKinnon explained that with regard to this particular piece of equipment when the tender specifications were arrived at the City staff specified a particular piece of equipment and, in this case, the piece of equipment that the City had been using was not of sufficient weight to meet those specifications - the staff was looking for a heavier piece of equipment to do the City's work; however, the roller that was being rented was a satisfactory roller insofar as the qualities of the machine were concerned but not for what the staff wanted to do and the type of work to be done - we have had problems with the compaction of the asphalt and have been looking at that whole particular programme and that is why we have gone to a heavier roller with better qualities, although the staff did suggest that because the City has monies paid on this particular roller that the City should purchase the remainder for $13,249.44. Councillor M. Vincent pointed out that with regard to the purchase of one catch L[ [[ �? XQs/ r/ basin cleaner, there is a difference in the bids of $11,000.00 between the tender that is recommended for the low tender, acceptance and and that the reason the higher tender was recommended for acceptance is e /eal7er because of the difference in delivery date. He stated he is wondering if the low bidder was contacted to see if that company could expedite the delivery date, or whether the Tender Committee just decided to recommend acceptance of the higher priced machine because the low tender had a longer delivery date and the City would spend $11,000.00 more for earlier delivery of another machine. Mr. MacKinnon replied that • Atmus Equipment Limited, for example, bid on two machines - one was with the Mack chassis and one was with the Ford chassis - in both cases with this company and with the Tractors & Equipment Ltd. bid (regarding the Vac -all and Wayne machines, bid on by these respective companies) the machine itself is satisfactory to meet the specifications; for the chassis, the difference in price is the difference between a Ford I • /?e4/ y�/ O %r G'n,//oidj11�e�W��/ ,VC'./ee/ d�/A e -4- -i OA,7ta.°- viecv A%ve. flssoe, SV //Se 6670 0 7Iwi /ea Fi ass¢�.71./, �=Q� pri� s..TZP7 Z4 • V tr�e`r�S 531 and a Mack chassis on the Atmus tenders (that is, the difference between that company's net prices of $53,983.80 and $67,716.00) and there is also a considerable difference in the date of delivery (110 days versus 260 days regarding these two bids of Atmus); the delivery date for the Tractors & Equipment Ltd. machine is June 30th, 1975 and in this case, we were actually comparing that company's bid of $64,692.00 with the higher bid made by Atmus because the staff felt that the 260 days to wait for delivery on the machine priced at $53,983.80 would mean that the City could not use that machine very much this year. He added that the City did not contact the companies - the companies were there (at the tender opening) - however, the staff actually went on the bid information the companies supplied them with. With regard to the question as to whether the low bidder was contacted to ask if it could speed up the delivery date, even though that machine is $11,000.00 cheaper, Mr. MacKinnon replied that in most cases the companies have not "hedged" too much but the supply of equipment is quite critical and in the last few years companies have found it extremely difficult to supply us -- the City did not re- contact the company to find out whether or not it could change is bid and give this machine to the City any faster at that figure. He stressed that the City needs this machine, very badly, as soon as possible. Question being taken, the motion was carried with Councillor M. Vincent voting "nay" On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that the petition from the Grandview Avenue Home and School Association, requesting that the City water service be extended to the Grandview Avenue Elementary School, be referred to the committee on capital budget and be given some priority when being dealt with on that level. 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 begs leave to report that it sat on May 5th, 1975, when there were present Mayor F,lewwelling and Councillors Cave, Green, Gould, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent, and your Committee begs to submit the following report and recommendations, namely:- 1. That the amount of $25,000.00 be made available to the Saint John Regional Library to engage a library consultant to prepare a building programme to provide an approved comprehensive document which sets out the needs of the Saint John Regional Library Board as they relate to the new public library, with the said amount to be eventually charged to the capital budget. 2. That the Housing Commission be informed that the Common Council has decided to retain the administration of the Cedar Point Trailer Park in its present form, rather than having the Commission assume management and control of the said Trailer Park. Respectfully submitted, 12th May, 1975, (sgd.) E. A. Flewwelling, Saint John, N. B. C h a i r m a n. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the above report be received and filed and the recom- mendations contained therein adopted. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that recommendations of the Nominating Committee for the following appointments be adopted, namely:- to the Rockwood Park Advisory Board to the West Side Community Hospital to the Historic Sites and Events Committee to the Fort LaTour Development Authority On motion of Councillor A. Vincent Seconded by Councillor M. Vincent - Councillor Kipping - Councillor Hodges - Mr. Peter Trites - Mr. Clifford Skinner - Mr. John Disher RESOLVED that Mr. Donald H. Garey be given a proxy, as a Director of First L.D.H. Ltd., to vote on behalf of the City of Saint John at the annual meeting of the Company. On motion of Councillor Gould Seconded by Councillor A. Vincent RESOLVED that Mr. Donald H. Garey be given a proxy, as a Director of Saint John Industrial Parks Ltd.,.to vote on behalf of the City of Saint John at the annual meeting of the Company. Councillor Higgins withdrew from the meeting. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the Market Committee, 764.81 square feet of office space on the third floor of the City Market building be rented at the rate of $2.50 per square foot to Sondec Inc. (The Harver Encyclopedia Co.) on a monthly basis, the said area to afford a rental of $159.34 for the period in question. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that with regard to the letter dated May 5th, 1975 from the Planning Advisory Committee, to whom had been referred for a recommendation the application of Alpha Investments & Agencies Ltd. for the re- zoning of land lying to the west of the rear of lots which front on Glenview Avenue between the Belgian Road and the Golden Grove Road to permit this developer to plan a sub - division on the basis 532 �/i /vim/ O 4i ;Pk.J7N- /57Av1s. eo14 M. A /p6r�.T�,ves roeor�s /,T z C�r / &.r ffl,�ari ^FAVI$4e t of two - family homes on lots smaller than under the existing zoning; and with regard to the information contained in the said letter that the proposed sub - division will need to meet the requirements of the City as to services, particularly as to its effect on the flooding situation in the `Marsh Creek area, before it is approved for the,proposed two - family housing development, and that a sub - division plan approved for the area must precede housing there; and with regard to the recommendation in the Com- mittee's letter that the said property be re -zoned from "RS -2" One- and Two- Family Suburban Residential to "R -2" One- and Two- Family Residential classification to permit the proposed development which will first have to satisfy the Engineering and Works Department (presumably after consultation with the Pro- vincial Department of Fisheries and Environment) that the development will not unduly aggravate the flooding situation in the Marsh Creek area; and with regard to the contents of the Committee's letter relating to the problem of flooding in the Great Marsh area -- the said recommendation of the Planning Advisory Committee be rejected and the re- zoning be denied at this time. Councillor Pye noted that the above letter from the Committee states on page 3, "In the proposed development, any building will be at present ground elevation of over 20 feet. Last year's flood reached elevation 12" and stated he takes exception to those remarks which he feels digress from the main issue. He stated that the residents of Glen Falls are not interested in how high above the flood water level the proposed sub - division will be - they are interested in the added sewage that will be contributed by the additional 106 families above them through the Glen Falls sewage system - they are concerned about the raw sewage which will be distributed throughout the low -lying area with much greater rapidity than heretofore because of the greatly increased volume in the sewage system. He pointed out that is the prime concern of the Glen Falls residents. Councillor MacGowan noted that on page 3 of the Committee's letter under the heading of "Devel- opment Freeze Proposal" the Committee states that whether this can be done legally now (that is, devel- opment in the flood plain in the watershed be "frozen" until the situation in the Great Marsh is remedied) is doubtful. She felt that such action has been done in the past. She added that the City was assured over the week -end that monies could be available for remedial steps, and she feels that we should be doing this first and then we can really plan for building in the whole area, and take advantage of the whole Councillor Gould asked if there is anything to preclude building on the land in question under its existing zoning classification. Mr. Zides replied that building on that land under the existing zoning could be stopped in the one sense, that there is no sub - division there, and in order to get a sub- division you would either have to cost -share or make some other arrangements. He pointed out that a developer of that land could not get a sub - division there without Council's consent to the sub - division plan; also, if the developer wanted cost - sharing on the sub - division streets and so on, the matter would have to come to Council and the whole question of water and sewerage would have to be discussed with the City and approved by the Engineering Department. Councillor Cave, in referring to the section of the Committee's letter which states that it is ,tful whether development in the flood plain in the watershed can be "frozen" until the situation in Great Marsh is remedied, stated that he is worried that if the City stops building in the case of one doper it will have to follow the same procedure on them all. Councillor A. Vincent stated that he was supporting the motion because he wants the Provincial rnment to take action to remedy the Marsh Creek flooding situation, and he feels this will have some ct in accomplishing that goal. Question being taken, the motion was lost, a tie vote having been created with Councillors , Kipping, MacGowan, A. Vincent, M. Vincent and Pye voting "yea ", and the Mayor and Councillors Cave, , Davis, Hodges and Parfitt voting "nay ". On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the above named letter from the Planning Advisory ttee be received and filed and no action be taken at the present time. Question being taken, the motion was carried with Councillors Davis, Parfitt and Cave voting nay". Councillor Davis protested the above motion, stating he does not think it was legal, and that it done the same thing that the first motion (which was defeated) would have accomplished. Mr. Rodgers ised that the first motion that was put in the first instance was not to re -zone and it was defeated; second motion expressed the same subject matter in different wording - there is a legal way to do t - you reconsider the item. In reply to Councillor Kipping's question as to whether Mr. Rodgers is ing that the second item is illegal, the Mayor stated that Mr. Rodgers is so saying. Councillor ping asked if Mr. Rodgers is therefore saying that the second motion should be stricken from the Councillor Davis withdrew from the meeting during this discussion. Councillor M. Vincent asked the City Solicitor, as a point of clarification so that the Council ight make a legal motion, to state where the said motion is illegal. Mr. Rodgers asked that he be given he opportunity to put his opinion in writing in this matter for the next Council meeting. He added that, n the meantime, only the first motion stands, at this time. The Mayor advised that Mr. Rodgers will ubmit a report to Council, as noted. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that as recommended by the Land Committee, the vacant containing 4,500 square feet which is located at Spruce Lake as shown on the submitted map, be ased from T. Giles Allan for the sum of $550.00, this being a watershed area property. Councillor A. Vincent noted that the above letter from the Land Committee does not submit for Council's information a sheet showing the appraised and assessed value of this property, which is rary to what had been agreed, with regard to Land Committee recommendations for sale or purchase of erty. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the above matter be laid on the table until the I id�iI77�0'' .TvA#, Coiyil� ��� Alz ea /m sFMm.a Qccit 0/a/M — �a7Serstenis •C��u.Gf evo?/ 910?Ne�_ pf lewse. je oders •,�A9O1/��/ °I7 1. yqppais.? 7ri- %oovh Rio A 01hY �, * l - -3 , 5)3't 3 information regarding appraised and assessed values of the above named property is furnished to the Council. Question being taken, the motion to table was carried with Councillors MacGowan, Hodges and Parfitt voting "nay". On motion of Councillor A. Vincent Seconded by Councillor Pye RESOLVED that as per the recommendation of the Land Committee, authority be granted for the City to exchange 9 acres of City -owned land in the Latimer Lake watershed area for 9 acres of land owned by Harvey Estey, as indicated on the submitted map, and for the City to accept one additional acre of land from Mr. Estey in lieu of payment for legal and survey costs. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that as recommended by the Land Committee, whose letter advises that in 1906 Mr. John Connally placed a mortgage on all of his properties in the Menzies Lake area and the mortgage spelled out in detail the properties involved; that the property of Mr. Emmerson Morrison of Prince of Wales was not described - however, a general clause at the end of the mortgage was to include all parcels of land at or near Menzies Lake; that it is very difficult to say whether or not Parcel "A" shown on the submitted plan was included in this clause; that, later, there was a default in the mortgage and the land was sold to the City; that the Works Department, after consulting the City maps, say that the City does not own the Morrison property and the assessment records show that Mr. Morrison's sister, Mrs. Emma Green, was the assessed owner since 1954, and the City Solicitor's office says that it is very unlikely the City has any claim on the pro- perty -- the City of Saint John grant a Quit Claim Deed for the said Parcel "A" and that the said Parcel "A" be deeded to Mrs. Emma Green as the assessed owner. On motion of Councillor Pye Seconded by Councillor M. Vincent RESOLVED that as recommended by the Land Committee, the City purchase two water easements, which run across parcels Numbers 1 and 18, owned by Galbraith Construction Ltd. for the appraised value of $7,100.00 for the Spruce Lake Water Line, as follows:- parcel Number 1, located to the north of Ocean Westway, consisting of 2.15 acres (93,712 square feet) of land; parcel Number 18, located north of the Pipe Line Road, consisting of 19,352 square feet of land. On motion of Councillor M. Vincent Seconded by Councillor Pye RESOLVED that in accordance with the recommendation of the Land Committee, the City pay Mr. Walter Huggard, the lessee of 2 -4 Dock Street, the sum of $3,000.00 in compensation for the surrender of his lease, plus a sum of $300.00 for legal costs for negotiating, assessment, analysis and pre- paration of the surrender of the lease documents: ANT FURTHER that the letter from the Land Committee in the above matter, advising that the City owns the freehold interest in this property and with the settlement of this lease interest now has vacant possession of the building, and that it is the intention of the Committee to call immediately for tenders for the dem- olition of this building to make way for the rounding of the corner at this location, be received and filed. Councillor MacGowan asked if Mr. Huggard is agreeable to the above arrangement. Councillors A. Vincent, Pye and Green, who are members of the Land Committee, confirmed that Mr. Huggard is agreeable to it. Councillor A. Vincent added that Mr. Huggard negotiated the sale price away down. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that when the purchase by the City of the property located at 2 -4 Dock Street is concluded and the necessary legal documents are executed, the City staff call tenders for demolition of this building. On motion of Councillor M. Vincent Seconded by Councillor Pye RESOLVED that the letter from the Land Committee recommending payment in the amount of $100.00 to Mr. and Mrs. Cecil Brownell for legal fees incurred in connection with the Milford-Randolph- Greendale Collector Sewer Project, and submitting a copy of a letter from Mr. M. Barry Roderick, solicitor for Mr. and Mrs. Brownell, to the Real Estate Department of the City which explains that these legal fees were incurred in connection with the proposed expropriation of an easement at the rear of his clients' property and that it is the position of his clients that they should be reimbursed for these expenses as the reason they occurred was not of their making - be received and filed and the recommendation adopted. Councillor A. Vincent voted "nay" to the above resolution, stating he does not feel the City should pay this bill because Mr. and Mrs. Brownell engaged their own solicitor and the City did not buy the property involved, and he believes the City would be setting a precedent by paying this bill. On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that as recommended by the Land Committee, the account of Tri -Town Realty in the amount of $140.00 be paid for an appraisal report prepared by Mr. Otty Sherwood for property known as 9 and 10 located at South Market Wharf. On motion of Councillor Green Seconded by Councillor A. Vincent RESOLVED that in accordance with the recommendation of the Land Committee, authority be granted for payment of the account from Appraisals (Fundy) Ltd. in the amount of $315.00 for an appraisal report prepared for the Emery property located at 1 -3 Water Street. On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that as per the recommendation of the Land Committee, approval be 534 ­1 S 7 given for payment of the account from Appraisals (Fundy) Ltd. in the sum of $315.00 for an appraisal , QA�7�pi�% report prepared on the Eastern Trust property situate at 9 Water Street. Am ,F l/nyd be granted for payment of the account received from Clark, Drummie & Company in the amount of $5,085.85 • On motion of Councillor MacGowan ��ss ••��f-�.,�/s�If 1� for professional services rendered in connection with the expropriation of 61 High Street and 45 Acadia Co• Seconded by Councillor A. Vincent pro / on RESOLVED that as requested by the Redevelopment Officer, MY69h Reneawl approval be given for payment of the account received from Appraisals Ltd. in the amount of $630.00 for ,(06/�(/ appraising the John Searle property located at 51 Dock Street (F- 6 -19 -7) in connection with the North End rte/ /S Urban Renewal Scheme, the approval of the Partnership for payment of this account having been acknowledged, and the said account to be charged against the project and shared in the usual way. On motion of Councillor MacGowan ' 0.47 Seconded by Councillor M. Vincent RESOLVED that in accordance with the request from the Redevelop- ment Officer, approval be given for payment of the account received from Clark, Drummie & Company in the • C /arlc� Oku w*Wf e total amount of $9,784.65 for professional services rendered regarding the expropriation of the McCormack & Zatzman properties on Chesley Street covering the period from February 18th, 1971 to February, 1974 and �XflY%' %c��% Gh includes preparation for trial and appearances for four days for the Land Compensation Board, the approval • r%GCOr/2'7.iC Cl r'."- of the Partnership for payment of this account having been acknowledged, and this account to be charged against the project and shared in the usual way. have the amount of the exact settlement with him at the meeting. , r� Councillor A. Vincent stated that he objects strongly to the above named firm getting City business because the firm's C senior partner is the senior counsel'to the City and that he feels there is conflict of interest. He stated he wants to know why this firm was engaged when its senior partner is on the City's payroll; he asked why the senior partner could not do this work. Mr. Rodgers replied that this case involved the policy of lawyers being engaged to represent the City before the Land Compensation Coon, Board, and back before 1969 when he came with the City the work was distributed among the different firms, including the firm in question, and it was not connected at all with the fact that Mr. George T. Clark, e �Of9 T� C 074, 7 Q• C. was the Senior Legal Counsel. Councillor A. Vincent asked for an explanation as to why a bill would be received July 13th, 1973, and more fees received in 1974, and only bring this account to Council in 1975, dated February 10th, 1975. He asked where it has been, in the interim. Mr. Rodgers replied that • this bill has been lost and found several times and it finally got to the Urban Renewal office and the Partnership Committee for their approval, and it is now before Council. Councillor A. Vincent asked if the amount awarded by the Land Compensation Board is more than the differential was between the McCormack & Zatzman property. Mr. Rodgers stated he believes it was far greater than that amount, but he would have to check the Award made by the Board in this regard. Councillor A. Vincent requested that such bills be submitted to Council when the matters they relate to are fresh in the minds of the Council members. He noted that some of the members of this Council were not members of Council in 1973 and he felt it was unfair to ask them to approve these bills. Question being taken, the motion was carried with Councillors A. Vincent and Parfitt voting "nay" On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that the above matter be laid on the table until the Council is informed regarding what figure the correct owners of the above named property would have settled for after the City served final notice. > Question being taken, the motion to table was carried. On motion of Councillor Cave On motion of Councillor MacGowan Seconded by Councillor Kipping , RESOLVED that as requested by the Redevelopment Officer, approval Am ,F l/nyd be granted for payment of the account received from Clark, Drummie & Company in the amount of $5,085.85 a resolution which was adopted and passed unanimously by The Saint John Ministerial Association at the ��ss ••��f-�.,�/s�If 1� for professional services rendered in connection with the expropriation of 61 High Street and 45 Acadia Co• Street, this billing including the period of May 25th, 1974 and February 12th, 1975 and including the pro / on attending of lengthy discoveries, trial of action and subsequent settlement, the approval of the Part- '05K p nership for payment of this account having been acknowledged, and this account to be charged against the ,(06/�(/ ideration, first, because too many charity and benevolent groups in our area are using this avenue to JJ project and shared in the usual way. Christian inheritance with spiritual and moral responsibility with deference expected from the leadership Councillor A. Vincent asked if the above named property is what the City sold to the Workmen's 0.47 Compensation Board, and did not own the land. Mr. Barfoot replied that he understood that the Court's to acknowledge and welcome the financial support you have and are receiving from the clear and established finding was that the City did, in fact, own this property; it justified the City's position. Councillor • A. Vincent asked why, in that case, did not the Court rule that the costs go to somebody else instead of to the City. He pointed out that there is a lot of money involved, here. Mr. Rodgers explained that the City won the case in that its expropriation of the property was valid, but it did not win the case with • respect to the compensation that was awarded. Councillor A. Vincent asked if it is not true that the owners were asking for a much lower figure, in this particular case. Mr. Rodgers advised that he did not have the amount of the exact settlement with him at the meeting. On motion of Councillor Cave Seconded by Councillor MacGowan RESOLVED that the above matter be laid on the table until the Council is informed regarding what figure the correct owners of the above named property would have settled for after the City served final notice. > Question being taken, the motion to table was carried. On motion of Councillor Cave Seconded by Councillor Green Am ,F l/nyd RESOLVED that the letter from The Reverend E. Lloyd Lake, submitting a resolution which was adopted and passed unanimously by The Saint John Ministerial Association at the ��ss ••��f-�.,�/s�If 1� Association's regular meeting held on May 1st, 1975, namely:- "WHEREAS it is proposed that Saint John City Council approve the inclusion of lottery as an instrument for supporting municipal financing of the J15SoC. Loyalist City of Saint John, WE, THE MINISTERIAL ASSOCIATION OF SAINT JOHN RECOMMEND THAT THE COUNCIL DO NOT SERIOUSLY ACCEPT THIS PROBLEMATICAL MEANS OF FINANCING as either a temporary or a permanent cons - ,(06/�(/ ideration, first, because too many charity and benevolent groups in our area are using this avenue to JJ raise money and secondly, the clergy recognize that our structure in community and society is a Jeudo- Christian inheritance with spiritual and moral responsibility with deference expected from the leadership in all levels of public life. The matter of lotteries and such -like make light and oppose the wholesome stance and direction of strong and spiritual leadership in our city. Therefore, we urge that you continue to acknowledge and welcome the financial support you have and are receiving from the clear and established manner of city financing. ", be received and filed. • Councillor Kipping recalled that the reference to Jeudo- Christian inheritance with spiritual and oral responsibility in the above letter were the kinds of things he was alluding to at Council when he voted against the application to have the Criminal Code changed in order to allow a lottery in our city - r • .4�Je�e�e C'o/t9P19. o /ee a�esys rele-ases re Ppvv. Cr-&.. Ca7SC5 �sT�l�ri Fire .Deft \J u 535 among other points he made at the time - and stated he thinks that the Association's letter should be taken notice of and kept in mind, and cognizance be given to submissions like this which have very good, valid points and which represent the point of view of a very large body of people in our city, and elsewhere -- when and if the City gets permission to hold a lottery. On motion of Councillor Gould Seconded by Councillor A. Vincent RESOLVED that the letter from the Saint John Defence Lawyers Committee advising that it has come to their attention that the present Chief of Police receives periodical reports from members of his Department as to the appearance and disposition of every person before the Provincial Court, and that the Chief has developed a practice of forwarding copies of these reports to the news media, and advising that there is considerable debate whether this is a proper function of the Chief of Police to supply information on court proceedings at the tax payers' expense and there is also the question of interpretation of the sit- uation by the staff rather than by the news media itself, and that, accordingly, the Saint John Defence Lawyers Conference at its April meeting passed a resolution to request the City of Saint John and Common Council to inform the said Conference if the present practice of the Chief of Police of releasing Departmental reports to the news media with respect to persons appearing before the Criminal Courts is a policy directed by Council or instituted by the Chief, and, secondly, if it is not a policy directed by Council, is it a policy which is approved by Council - be referred to the Chief of Police for a report to Council. On motion of Councillor Gould Seconded by Councillor Green RESOLVED that the petition from taxpayer- residents of the community of Belmont in Saint John asking that immediate action be taken to resurface the Belmont Road, be referred to the Capital Budget. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Medical Society advising that at a regular meeting of the Society held on April 3rd, 1975 a resolution was adopted endorsing and sup- porting the principle of a community mobile paramedical unit with specially selected and trained personnel whose training has been supervised by physicians, and which will come under the general discipline of the Saint John Fire Department, which unit will be prepared to apply initial monitoring and supportive measures under direction Iffrom qualified hospital professionals to patients with acute medical and surgical problems until their arrival nto the proper hospital department, and further stating that the Society trusts that this programme will be successfully launched and will result in many useful lives saved, be received and filed and the Society thanked or its support. On motion The meeting adjourned. Common Clerk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty -sixth day May, A. D. 1975, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Works, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Executive Director of Operations, G. Baird, Executive Director of Economic Development, A. Ellis, Building Inspector, C. Nicolle, Director of the Recreation and Parks Department, D. French, Director of Personnel and Training, N. Jackson, Deputy Chief of Police, A. W. C. Robertson, Deputy Fire Chief, M. Zides, Municipal Planning Director, and D. Buck, Redevelopment Officer The meeting opened with silent prayer. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on April last, be confirmed. On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that minutes of the meeting of Common Council, held on May 5th be confirmed. s 536 Ory�r�i Kati on Cope mi �eC r�joort C'iv�c oI^�/7i 7�2�i or On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that minutes of the meeting of Common Council, held on May 12th last, be confirmed. The Mayor asked that Councillor Davis, Chairman of the Organization Committee, at this time present the Committee's Organization Study Report. Councillor Davis complied, pointing out that his letter to the Common Council, as Committee Chairman, and the introduction pages of the report, explain that the report deals with two separate matters: (1) the organization and relationships of city depart- ments, and (2) the improvement of information flow to Councillors; and that the Organization Committee was appointed for the following reasons: (1) to examine in detail the recommendation of the "Organiz- ation Study of the City of Saint John" prepared by Kates, Peat, Marwick & Co.; (2) to receive and analyze submissions by the Directors of City Departments, and (3) to submit to Council recommendations on org- anizational changes. The report also notes that the Organization Committee followed the report of the consultants very closely and carefully, and that the objectives remain the same: to provide sound municipal administration; to provide effective policy decisions and direction by an elected Council. The report further notes that, briefly, the specific problems determined by the study are as follows: "The present organization has been outgrown by the complexity of municipal government and has only limited capacity." "Administration and co- ordination of the many activities at City Hall is centered on the City Manager, with limitations on the support available." "Council -Staff relationships are such that the examination of policy alternatives is somewhat insufficient to support sound decisions. ". Councillor Davis pointed out that the above noted letter to Council states that the new positions are established by.Common Council when it votes the money to fill these positions at budget meetings and must make these decisions at that time; that the organization design, however, should not be postponed this is important; that the report creates an interlocking "Committee of Councillors" system; that several times in this report the warning is given that Committees of Councillors do not administer Departments - their role is quite different and it is very important that all Councillors understand this clearly - if this is not clear and there is too much interference by Councillors, then the system should be modified. He pointed out that the report of the consultants says that "the present large number of separate departments in the city administration needs to be reduced in the interests of improved control, co- ordination of departments which need to work together, and effective use of staff. He noted that the Organization Committee's report states that sound municipal administration means more efficient and economical operation of the departments that serve and protect the city; that co- ordination of depart- mental functions and elimination of duplication were major concerns of the committee; that overlapping responsibilities exist and middle management and junior supervision are generally below acceptable levels; that the number of specialists employed by the City is well below the requirement for a city of this size; that the committee found that many vacancies exist in our present establishment because the salary structure of this City is not competitive with other Canadian governments, particularly at tech- nical and management levels; that the problem is to decide what establishment, not only for each depar- tment, but for the entire City, will be most effective; that this requires detailed study of the lines of authority and a detailed examination of the duties of the individual; that it is most important to deter- mine whether an individual has too many duties and too much authority - or not enough; that the Council - Staff relationship is simple to define, but difficult to practice - although City Council is the policy body, very often a Councillor cannot avoid administration problems and duties because citizens request assistance - it is certainly not the intent of democractic representation to create rigid stratific- ation - the committee hoped to design a system of flexible formality. The report further advises than-,an..integral -part of,'this:iprocess.-of consolidation is the establishment of the Executive Committee; that the chairman of the Executive Committee is the City Manager and the members are the chief executive officers of the consolidated departments. The report also notes that an effort is made to make position titles descriptive of the work of the employee and the names of the departments and their subdivisions descriptive of their function - and the report defines the position titles of the four members of the Executive Committee, and various other employees who head large groups in departments, who head smaller groups, who occupy high positions in certain departments, who are department heads and report to the City Manager; and defines the use of the words "Department" and "Branch ". The report states that the success of this redistribution of authority depends upon the simultaneous institution of a carefully designed and administered programme of training for those assuming middle management positions; that it is important to remember that this reorganization is based upon the premise that heads of Branches assume some of the duties heretofore performed by Department Heads; that while some departments have been consolidated, at the same time in order to attain high performance of the department the branches must be led by people of considerable technical and managerial ability; that these technical and managerial abilities can only be maintained by a continuous programme of exposure to the latest developments and the renewal of old skills - this must be an ongoing programme; that descriptions of all positions must be carefully prepared and the duties defined - this, also, must be continually maintained and kept in place with changes. Councillor Davis noted that the Committee's report further advises that most Councillors feel that the information available to a Councillor is not always adequate - it is not that information has been denied or withheld, but rather that the facts are not transmitted, never having been required or requested - obviously, there is much done in the City that the Councillor does not know and does not require - these are routine matters; that the Council should be aware of the routines followed by the various departments of the City and the broad details of most City business; that information by reports to Council are usually inadequately transmitted because the report is often a small part of a large agenda and is not given the attention it might otherwise receive; that these reports are usually compiled and prepared by the department head - if care is not exercised, too much time is devoted by this person to this chore leaving other things undone - there is a better way to transmit information; that a system of interlocking committees of Councillors should be established in °order to create an intimate relation- ship between department heads and Councillors - this would familiarize Councillors with the routines and the routine matters handled by the department and this can only foster better understanding, appreciation and criticism; that there may be organization problems that must be worked out, but these can only be solved after some months of operation; that the primary dangers are that the Committees may meet too often and become a burden to the Department Heads - that the Committee will assume too much authority and take over administration - and that the Department Head could, with the help of the Committee, usurp some of the authority of the City Manager; that this committee feels that the interlocking feature will serve as a safeguard against these dangers occurring - but the Council should be aware that this can happen and act to prevent this distortion of authority. The report notes that both senior governments, the Government of Canada and the Government of New Brunswick, are becoming increasingly involved in cost - sharing plans, programmes and projects with the city government; that skill and knowledge are required so that maximum benefit can be derived by the city and the pitfalls avoided; that to take advantage of changing programmes for housing assistance, tran- sportation studies, industrial incentives and other matters, certain changes in the organization are being suggested - the individual citizen is normally not affected; that, however, the increasing at- tention required from staff to these matters means that attention to citizens inquiries and complaints can be delayed - this should not be allowed to happen and the committee feels that an official "Citizens Desk" should be established to handle all problems that citizens might have, to direct them to the right • 0 C� J E • I r 537 (fp�3g /��,0 place or to handle the problem and to check back to see if the particular problem had been solved; that this A ,WM��� function is part of the Civic Public Relations Branch of the Economic Development Department. • C• /�?pd The report advises that this expanded service, accompanied as it is with increased cost and greater / demands, must be very carefully designed and controlled; that, otherwise, the city organization, which is created to serve the public, will tend to become alienated from the people they are engaged to serve and useless to the individual citizen; that the committee feels that these controls have been provided in the proposed organization - that, at least, the committee has attempted to do so. The portion of the report which explains the composition and functioning of the Executive Committee was read by Councillor Davis, and the notation that any legislative changes necessary to implement this pro- , Opy�.Aw�� _ gramme should be made at the next sitting of the Legislature. tj ph Following the invitiation made by Councillor Davis to each departmental Director to make introductory remarks to the sections of the committee's report that relate to their departments, the following City officials spoke: City Manager's Office: The City Manager stated that the report regarding this Office is very straight= forward and reflects the situation as it was at the time the report was prepared; that he regards this report as a dynamic document and that changes will become necessary as time goes-on; there ought to be a change in the chart relating to this Office which he feels is necessary, even now. The Mayor commented that the Committee's report is a guide and the Council will use it and that as oAe ce time passes it will become necessary to change the charts that relate to the various departments; the present charts are designed for the use of the City for a number of years and all positions will not be filled at the time - they will be filled as the Council sees fit to vote money towards those positions at time of the budget. Councillor Davis pointed out that the staff that is listed in the chart for the City Manager's Office is the staff that existed at the time the committee's report was prepared - that Office was operating very efficiently and there was really no reason for the committee to make any great changes. colwMA917 Common Clerk's Office: Councillor Davis advised that the report deals with this department as it r presently exists and makes some complimentary remarks about the staff who work there; no additional staff is elepG� 5 planned unless additional secretarial service is required. 6WId G Legal Department: Mr. Rodgers stated that he had no statement to make. He added that the report 116eW ?1� covers this department as the committee saw it. Department of Economic Development: Mr. Baird stated that this report is a dynamic document and that perhaps there may be some changes taking place in the next while in view of the some of the commissions that are developing on economic growth in the region. Councillor Davis called attention to the report which outlines the OJ7O�i /G' Civic Public Relations Branch of this Department, noting that this Branch is new and that it will operate as an — wIp� information centre; that this Branch is now in operation and that its duties are specifically described in the / report - it is designed to handle enquiries and complaints, and to determine if the action taken is adequate - no additional employees are required. Engineering and Works Department: Councillor Davis noted that it is very difficult to chart this huge 07 j7eey*- Department, and that the chart pages show the diversity of the work that is done by this Department; the com- mittee looked into every one of these departmental functions - this is probably one of the most difficult PL departments to plan. L Noting that the report indicates that the plan is designed to increase and improve the number of middle management staff to improve the level of control and supervision, Mr. MacKinnon stated that, basically, the first page of the chart relating to this Department is intended to provide management through there that was not existing at the time, and, normally, the Department operates on a day to day basis - however, it is ex- tremely important that the Department not only operate efficiently that way but plan efficiently for the future to know how to operate the Department in the future. Again referring to the same first page of the chart, Mr. MacKinnon stated that the main divisions that are differeent from the one that is existing now, is that we are now going to divide the Works Department into Engineering, Works and Administration and Supply; the previous area was actually handled from an office area and we have tried to co- ordinate this in order to improve the • planning and the efficiency of the total Works Department; there have been some changes in names - however, the changes are intended to provide more and better middle management people to improve the efficiency through this area. He stated that he believes there are some programmes that are already designed that are coincident with the new change, and once this particular organization is adopted the Department is going to go ahead with those and produce a Works Department that can complement the programmes that we have in store. Community Planning and Development Department: Councillor Davis explained that this department is a '/if consolidation of four departments: Planning, Real Estate, City Architect (which includes the Building Inspector) 9 qL and Redevelopment; there are several reasons for doing this and he feels that the chief reason is to know where to go, and who does what - so that we will know that all matters that deal with housing, real estate, and all these things, are in one department. He noted that the repport is only generalized, and that Mr. Zides has all the details of the changes. Commenting that this is a dynamic process, Mr. Zides advised that some of the things outlined in the report are already happening: for example, in the urban renewal programme there are changes in the experience with the neighbourhood improvement and residential rehabilitation which are changing the priority of things, and it may well be that some of the jobs we thought we could do very well with for several years with more or less the organization we are talking about might need some strengthening. He pointed out that other things have happened - for example, there has been a loss of the man in charge of the Building and Technical Services ' organization and since the organization is built on the strength of his capabilities it will depend very largely on whether somebody like him can be found, because we are talking about both management and architectural type of services, and he is the only architect, and the only landscape architect, we have on staff. Mr. Zides stated that there are some other things coming out that were not known to him and, he believes, to Mr. Buck at the time they were looking at the property management programme; it appears that the City owns many more properties than they were aware of - the question of whether they would continue under the management of outside agencies regarding rent control and collection, or whether they are, indeed, managed with a policy for repairs, disposal, rental and so on, needs a revision, and it may well be that an extra person might be asked for much sooner than we expected in the property management division. Mr. Zides advised that one of the key things about this Department is that, as has been said in the report, it is one that has a high public profile, is one that is very busy and is before the public all the time and sometimes it has a low public image because of the fact that • because the Department seems to a lot of people to be obstructionists in the sense that its personnel is there to check up against any requirements and cannot give immediate decisions - sometimes the Department has to be involved with quite a few civic agencies - there are quite a lot of legal and procedural steps that take time; one of the things that the Department hopes to do by this consolidation is to speed that process up. He pointed out that there are some weak areas - for example, lack of by -law enforcement, and it is thought that we should begin by having one man on staff whose job will be to work with the inspection services and with the Legal c^ ,'l 53S Q/7jj Department to explain the law to people and perhaps to encourage them to do something different if we are /,q�G /OH talking about something that might be modified - there are procedures for variances - there are other 0h1/17� �e ways for doing things sometimes than the way people intend to do them. He further pointed out that it • pC�pd/ not only is necessary to make sure that there are legal proceedings taken, if possible, and followed through. He felt that, like the Works and Engineering Department, this is a department that is very specialized and, if you can get them, of the people who are proposed in the middle management and tech- nical areas, there are an awful lot of specialized - almost esoteric - type of trainings and backgrounds - C/ VAC he can see this department working almost like four separate departments within the actual structure - in ion other words, each branch is pretty much self- sustaining in many of the details but, obviously, you want Q/�ni�a� to tie them all together and dovetail the common areas in the process. Councillor Parfitt asked if the position of Housing Co- Ordinator is incorporated in the Com- munity Planning and Development Department. Mr. Zides confirmed that it is, and explained that it is felt that one person on his or her own is hardly able to cope with the problems, and that we will have, or should have, in this Department considerable back -up; the Housing Co- Ordinator is to be placed in this Department but would still service the Housing Commission. With regard to the Building and Technical Services section of the chart, Councillor Davis pointed out that it is proposed that the Building Inspector with the Deputy Building Inspector and four Assistant Building Inspectors will devote their time entirely to the inspection of buildings; mobile home parks, housing codes, plumbing, et cetera will be handled by the Technical Service Engineer - this should be an engineer who will be involved in the high -rise or any complicated structures; so, the Building Inspector will have a well -knit department to handle a very narrow type of inspection which makes building inspection an important matter. He noted that the report states that the Building Inspector, by specializing his duties and with an enlarged staff, will be in the position to offer an advisory inspection service to the citizens who pay the building permit fee; that the fee is paid for this purpose; that the Building Inspector has a unique position in that he reports on certain matters directly to Common Council; that this additional duty involves preparation of cases recommending demolition of private property and other matters and are time - consuming and require special attention - which is one reason why this was done. Councillor Davis noted that the By -Law Enforcement Officer for the said Department is a new position; the committee felt that the enforcement of by -laws in the City is not being done in a com- pletely satisfactory way - the committee feels, by making this position available and by introducing a • similar position in the Police Department, that the by -laws that are enacted might be enforced. He noted that the chart lists the position of Housing Officer (not Housing Co- Ordinator) - this position is directly under the Deputy Commissioner of Housing and Renewal Services - this position will be devoted entirely to the promotion of new housing, to the collection of statistics, to the determination of actually what housing is required to try to remove the emotional aspect about housing from the decisions that we have to make. He noted that this position has a very large back -up staff of the Housing and Renewal Services Branch. Mr. Zides pointed out that the position will also have back -up from the Plan- ning Department because in that Department you will have people dealing specifically with statistics involving housing and also design of housing areas, and things of that type. Councillor Davis referred to the chart relating to the Property Management Branch, noting that Mr. Zides referred to this when he said that the City has a great number of properties that the City rents or leases and handles in other ways and that these properties are now being handled by an outside real estate firm. He stated that it is beginning to look as though this will have to be re- examined and ' there could be changed in this particular department because we would probably need another Property Clerk. The Mayor felt that it is important to note that the organization charts have been designed for the efficient operation of the City and personnel are hired to fit the charts and that the charts are not designed to fit personalities within the City. With regard to the Property Management Branch, Councillor Gould asked if we now have an ap- praiser, a compensation and a negotiator, as well. Mr. Zides replied that we have two appraisers and a negotiator. Councillor Gould asked if it is considered that the position of negotiator would be required to be a full -time job to negotiate properties, and if the City is involved in that much business. Mr. Zides made affirmative reply. Councillor Davis noted that there was some question about the Standards Officer. He explained that this position incumbent is given the task of convincing and assisting property owners to bring their • properties above the minimum standards described in the by -law; that because the programme emphasises neighbourliness, this person will try to accomplish this without calling in the Building Inspector or resorting to legal procedure; that the programme emphasises encouragement, and not enforcement; that the Financial Advisor will assist the owner and tenant in the financial aspects of the project. Finance Department: Councillor Davis advised that a considerable amount of data processing is done in the City and it is all done in this department, and that we are acquiring a machine with greater in capacity; this report is found reference to the fact that many of the departments in the City are asking that their data be handled on this machine so that they can have the information a lot more rapidly than they are presently getting it and it would be of much greater value. He noted that the data ' processing section of the Department will require a Systems Analyst, and that the other significant change is the Deputy Commissioner of Finance and Assistant Treasurer. Mr. Park advised that in putting together this organization, we were conscious of a number of requirements that had to be complied with - in particular, the Municipalities Act lays down very precisely certain duties that have to be carried out by a finance department. He noted that this perhaps is one of the departments of the City in which legislation is very specific - perhaps to a greater extent than in most other department; we have to put together an organization which does avoid any conflict with the , requirements of the statute - this we believe we have been able to do by agreement among the committee and among the senior officers of the department that are involved - we believe we have achieved this without any particular conflict. He noted that these particular duties are expressly referred to in the report of the committee. He stated that one of the aims that we have been seeking to achieve is to allow for an expansion of the management information system, and this enables us to make greater utilization of the information that flows either through the Finance Department or is available to that Department which can be utilized once it is presented in public form by other departments and, from time to time perhaps, by Council itself, and by members of the public. He stated that there has also been recognition of one of the express recommendations of Kates, Peat, Marwick & Co. study which was to the effect that there should be added to the Department one senior person - now reflected in the title Deputy Commissioner - whom we have not had before - in recognition of the fact that the average age of the senior personnel in • the Department at present is on the high side, we have introduced the Deputy as such and the intention is that he will initially work in the development of management information systems and at the same time be acquiring knowledge of the other areas of the financial activities of the City, so that he is available for an eventual take -over of one or more of the senior positions presently occupied. F, • 1 (Councillor MacGowan entered the meeting) Police Department: Councillor Davis noted that the report of the committee explains the difficulties 10011de that this Department has, and that the Kates, Peat, Marwick & Co. report states clearly the difficulties under ,�L which the Department is working which are, briefly:- inadequate training facilities, deficient training courses, 11 /j" " inefficient supervision, unsatisfactory accommodations and facilities; that some of the defects and inadequacies are not difficult or expensive to correct and this should be done at once - others are more difficult and more costly and should be studied by a committee of Councillors dealing with Police Department and Fire Department matters (this refers to the Councillors Committee on protection); that, in general, the charts will show that gaps in supervision are narrowed and better supervision should result in the end - also, this change in the organization calls for officers with subject specialization. He noted that in this organization the rank of Superintendent has been created, who will report directly to a Deputy Chief; the rank of Staff Sergeant is created, and will report directly to an Inspector; the rank of Court Sergeant is eliminated, and the rank of Desk Sergeant is eliminated; the rank of Deputy Sergeant is created, and will report directly to the Deputy Chief of Administration; the rank of Corporal is created, and will report (generally) to a Sergeant; there will be an Information Officer with the rank equivalent to that of sergeant. He further advised that a system of zone policing is being introduced and this will require some additional non - police staff; that the zoning policing plan will create three zones in the Western District, two zones in the Central District and three zones in_the.Eastern,;District; that as presently contemplated each zone will be staffed by a sergeant and a corporal and a number of constables who would be responsible for policing their zone at all times; that the senior officers of the department will supply guidelines and the zone force will be responsible for devising a zone shift system. He felt that the section of the report dealing with courses and education of members of the Force is also important. Deputy Police Chief Jackson stated that he would like to see this organization plan put into effect as soon as possible. Recreation and Parks Department: Councillor Davis stated that the committee found there was a little �% OM problem in reconciling the fact that the Parks Department and the Works Department do similar jobs, and that the report of the committee notes that although the Parks Branch performs functions similar to the Works Branch of the Department of Engineering and Works, there does not, at present, appear to be a logical reason to integrate • this department; that when appropriate, the Parks Branch could very well become part of the Works Department and share the equipment and personnel with other Branches - theoretically, this might result in some savings, but the danger exists that the smaller branch would suffer by this absorption and much of the work of the Recreation Branch would suffer; that the two branches, Parks and Recreation, were combined a few years ago because it was felt that many of the Recreation programmes required a closer working relationship with the Parks service - this has proven to be true; that the athletic facilities of this Department require constant maintenance and repair, the increase in park and green area, the care of trees, bushes and plants create a constant demand upon the Parks Branch employees and equipment. Mr. Nicolle felt that the organization that is being recommended is such that the trends which are taking place in the Department and, if implemented, he is sure will improve the morale and efficiency of the Department. He stated he was glad that the committee did not see fit to make any changes in the Recreation and Parks Advisory Board and the Rockwood Park Advisory Board which give in -put to the Department from the community and which is so important in this field of recreation and parks. Councillor Gould asked how soon it is antici- pated that there will be a Supervisor III in control of minor sports. In reply, Mr. Nicolle noted that the position would be considered in the 1976 budget. Councillor Parfitt asked if it is a fact that the larger playgrounds are not used as in the past and that more tot -lots are necessary than big playgrounds. She stated that she does not see any reference in the report that would cover the subject of tot -lots, and recreation facilities of that nature. Mr. Nicolle replied that the section of the report, entitled centres and playgrounds, which covers the programming of playgrounds, tot -lots, sports fields and that type of thing. He noted that changes are taking place in our society and one way the Department is looking at the matter, to offset it, is to have portable mobile playgrounds to work in this area. Personnel Department: Councillor Davis stated he feels that the report of Kates, Peat, Marwick & Co. defines the role of this Department very well and it says that this Department administers, and in some cases originates, policy relating to recruitment, promotion, personnel evaluation, compensation, training and manpower planning, and that in general, the consultants' survey has indicated a lack of understanding among the Councillors and senior staff as to the importance of these activities in determining the quality of City administration. He added that the committee's report in this matter states that there is no reason to doubt this statement and, • assuming that it is true, it follows that the employees understand even less the department's importance; that this department cannot handle the work that it should be doing; that the time devoted to labour relations and contract negotiations makes it impossible to pay adequate attention to salary administration, job classification, recruitment, training, manpower planning, manpower development, rehabilitation and counselling - changes are necessary. He stated that the committee conferred with Mr. French several times on this, and he feels that the committee developed a tight, economic chart which shows a pooling of secretarial personnel for use by the Director and the four Officers of this Department. With regard to the matter of additional personnel that would be required for this Department, Mr. French noted that, mainly, the additional person would be required in the field of labour relations which is ' becoming very complex, and the demand on both management and labour is becoming an increasing workload. He noted that it would require a specialist in this field, to handle the matters dealing with this subject on a day to day basis. He stated he hopes that we will be able to acquire the services of a Labour Relations Officer in 1976. He noted that the report says that the staff of the Common Clerk's Office, the Legal Department and the department of the Commissioner of Finance shall come also under the care and control of these Department Heads. oil He asked if Council could clarify for the Personnel Department as to whether this would mean that the staff of t/ pi7 the said Department Heads would or would not come under the administrative policy of the City of Saint John. C'v�yrr�% Councillor Davis replied, stating that every Director directs his department which includes the staff. Mr. French asked if this would be in the case of a new Commissioner of Finance, for example, and his staff then ' �,�y�O would come under the rules and regulations of the City of Saint John. Councillor Davis replied in the affirm- ative. Mr. French expressed satisfaction with this clarification. (Councillor A. Vincent entered the meeting) ox7h %ate - t/ Councillor Gould noted that the report of the committee, in regard to the Personnel Department, says OI7 that the Personnel Director will continue to report to the City Manager, but will not be a member of the Exec- utive Committee, and that the City Manager is involved in contract negotiations and no other arrangement would be satisfactory. In explanation of this paragraph in this section of the report, Councillor Davis pointed out that the Labour Relations Officer is required to work with the City's Department Heads in grievance and related matters, and that it was thought that the Labour Relations Officer might work from the City Manager's Office and • not from the Personnel Department - the alternative was considered and rejected; the Labour Relations Officer is not the person involved in contract negotiation - the Labour Relations Officer is a new position and it is assumed that this person would handle all matters dealing with this subject and relieve the Personnel Director so that he could devote his attention to over -all administration of the Department and its programme - the Labour Relations Officer would develop and analyze data to assist in collective bargaining to assist him, make recommendations for approval, conduct contract negotiations, assist the supervisory staff in the application of 540 union contracts -- and the other duties listed in the report. Councillor Gould felt there was a conflict between these two sections of the report, "the City Manager is involved in contract negotiations" as part q .7/2 /zati oh of the list of duties of the Labour Relations Officer. In further explanation of these two sections, Councillor Davis replied that the City Manager has to approve all the negotiations - other people can do 670MrI/fJ/Y_2�eC the negotiating - this arrangement relieves the City Manager of a great deal of the negotiating; the rep0ht committee unanimously decided that the City Manager has to be in on the final negotiating - there is no / other way; at the moment, the City Manager is involved in all labour negotiation - this new arrangement makes him head of it - the object is to have a specialist do the negotiating work and he has to call in the City Manager before anything can be finalized. Councillor Gould expressed his satisfaction with this OI wnIX07 p eexplanation. In reply to Councillor M. Vincent's question regarding reasons why the alternative was rejected regarding the possibility of having the Labour Relations Officer work from the City Manager's Office and not from the Personnel Department, Councillor Davis stated that the duties of this Officer are not simply to handle grievances or Union contracts - he thinks that the problem in the City is that we do not have anyone who is involved with Labour_ constantly, and this position would be involved with all scopes of grievances all through the year whether the contract is finalized or not - his sole job will not be trying to arrive at a Union contract, so that being the case he must have access to all files and personnel records and things of this nature and those are available only in the Personnel Department. Councillor M. Vincent pointed out that there is the question of conflicting statements as pointed out by Councillor Gould in this discussion relating to the fact that the Labour Relations Officer would conduct contract negotiations, and he expressed his concern that if the Council gives the City Manager guidelines in contract negotiations and if the Labour Relations Officer as outlined in this report is not answering direct to the City Manager but through the Director of Personnel, he is wondering if we are not going to have a bit of "grey" area where the Council is not advising the Director of Personnel as to his limits or boundaries in contract negotiations. Councillor Davis conceded that this is possible. The Mayor noted that the committee chairman is still open for change to clarify this point. Councillor Kipping felt that the wording "the City Manager is involved in contract negotiations" and that the Labour Relations Officer would "conduct contract negotiations ", being a difference in terminology, clarifies the point because there is a difference in being involved in, and in conducting, and that since the Personnel Director reports to the City Manager he feels that any direction given by Council to the City Manager would just pass "down the line ", and it should work - he felt that lines of delegation there are fairly clear. Fire Department: Councillor Davis noted that there are no changes regarding this Department. E/Ot He pointed out that the report says that the splendid performance by the Department personnel in the operation of the rescue vehicle has demonstrated that when the community expresses its appreciation, the result is gratifying, and that it is apparent that the City requires the service; that there is some demand that a second vehicle be placed in operation; that should the Common Council decide to add one more machine, we would be required to add eight more personnel which would cost about $100,000.00; that the following statement in the report of Kates, Peat, Marwick & Co. is correct, namely, "The Fire Department is an example of the benefits of good leadership and management. It should be an example for the Common Council, and for the heads of other departments. ". Deputy Fire Chief Robertson, who was present on behalf of Fire Chief P. Clark, who was presently vacation, stated that he had no questions regarding the report. In reply to Councillor Gould's notation that the report points out that the Comprehensive Community Plan states that by 1986 the city should have 15 fire stations in operation, (which means the City would be building one station every year and a half if it does build them by 1986) Councillor Davis stated that the said Plan qualified that statement by saying that if by 1986 the population of Saint John was either 185,000 or 285,000 people we would require 15 new fire stations. Councillor Gould noted that the report says that "it is also anticipated that stations will be established to protect areas outside the city limits ", and stated he trusts that would be on a contractual basis with outside areas and that they will pay when the City Fire Department goes out there. Councillor Davis stated that the report wishes to report out in that sentence and in the following sentence which states, "This has also been considered and the Department has been planned so that the additional equipment and more firefighters will integrate smoothly." - there will be no further Fire Department officers required, he noted, just the additional men and additional equipment which will fit right into the organization. He added that it was not the pre- rogative of the committee to say who would pay when the Fire Department goes outside the city limits. On motion of Councillor Gould Seconded by Councillor MacGowan �e�Me.L RESOLVED that the Common Council adopt the Departmental Organ- izations as described in the Report on the Organization Study for the City of Saint John which was pre- pared and submitted by the Organization Committee. On motion of Councillor M. Vincent 0 i • Seconded by Councillor Pye f+ /� G�d�q ! RESOLVED that the Common Council approve the staff changes, titles and SVR ' A new positions that are proposed in the Report on the Organization Study for the City of Saint John which was prepared and submitted by the Organization Committee. �JOSj 2�/ Oh S Councillor Gould stated he would take the above resolution to mean that if those positions continue to be of need in the future, that the names may be altered or the positions altered slightly to meet a more pressing need. The Mayor confirmed that is correct. Question being taken, the motion was carried with Councillor A. Vincent voting "nay ", noting that he had wanted to ask a question. ' On motion of Councillor Gould COMM /7CtC�I19L0/11�1, Seconded by Councillor MacGowan Un /�y RESOLVED that the Common Council appoint an Acting Commissioner ,/ of Community Planning and Development. %�aani n� CPO- e�jt Councillor A. Vincent voted "nay" to the above resolution because he was not given an opport- unity to speak. Committee of Councillors system: Councillor Davis noted that the report says that although • O Councillors serve on many committees, rarely do they meet with Department Heads to discuss specific COLL/I 11 problems; that the absence of this opportunity for discussion is apparent at Council meetings and on other 77 S✓ ��m occasions, and that this report recommends creation of committees to correct this deficiency; that the S reasons for the establishment of these "Committees of Councillors" as stated in the Kates, Peat, Marwick & Co. report and elsewhere can be summarized as follows: Councillors become aware of the routine work and I 541 Deputy p y Ma or y Higgins stated that from his many years of Council, he can see the increasing work load t from year to year that Councils have to take on. He added that the work load lately has been terrific and it has made in -roads into his private life and into his business life to a point where it has become a very difficult position - as proud as he is to serve - to serve as a Councillor of the City of Saint John. He stated that he believes that the Councillors deserve more money and, without a doubt, any incoming Councillors, Mayor and Deputy Mayor should be paid accordingly - looking at the work record, he believes that this Council has to sit down very quickly and give a full -time Mayor in the City of Saint John money that it is worthwhile that the man can leave his ordinary work and serve as the Mayor of Saint John for three years. He stated that personally, as a teacher and a school principal in this city and the fact that there are many positions changing within School District Number 20, as far as principals and various jobs of wider or more responsibility, and so on, are concerned, he does not know whether he can promise the people of Saint John or this Council that at any given time he can attend the various Committee meetings. He stated that he would either like to do it right, or not do it at all. He stated he is looking forward to the idea that Councillors should be paid and paid well, in this • day and age,.to attract people in the next election, but he is going to say he will accept the money because he believes that he is worth it and most members of this Council are worth it, but he will have to take a long look and he might even have to say whether in conscience he can accept it if he cannot attend Committee meetings. Councillor A. Vincent indicated that he will have to find himself opposing the whole thing of salary increases for the Councillors if the Deputy Mayor's salary is going to be singled out any more than that of the special work done by city departments thus increasing the Councillors' effectiveness; a Department Head, by meeting regularly with Councillors, can make them aware of his specific problems and find the solutions in • committee, thus relieving the Council of detail work; the Committee Chairman would, in most cases, speak with authority on an item being finalized in Council, giving detailed information gained at the committee level; the Committees would be more than just a means of communication because they will be involved in the examination of alternative policies and objectives, decision making and the.submission of recommendations on these matters to Council - it would work effectively with the Executive Committee system, which would be the operational arm of the "Committees of Councillors ". He listed the various Department Heads with whom each Committee of Councillors will work, and noted that the report states that obviously, this will create direct information pipelines from these Department Heads to Common Council, which will benefit everyone, but for maximum benefit the Committees will be interlocking, and the four members of each committee will serve on four different Committees. He added that there are many hazards in this type of an organization and they are pointed out in the report so they can be read and understood - but, generally speaking, the advantages are great - the safety factors are all there. ' He pointed out that there is a subtle difference between the structure of the organization and the structure of the Committees of Councillors: the organization is structured on a tier basis so that authority and responsibility increase tier by tier with the City Manager as head of the organization - on the other hand, and this is very important, the Councillors Committees are committees of equals and the interweaving of committee memberships guarantees equality of authority among Councillors and the sharing of responsibility - committee chairmanships could be rotated, but committee memberships should not. He stated that the report shows that twelve Councillors could serve on six committees and no two Councillors serve on two committees together. Councillor Davis further noted that the report states that these Committees should meet on a regular schedule and it is very important that this be controlled by the Common Clerk; that since each Committee consists of members of four other Com- mittees, there cannot be two meetings going on at the same time - .also, the demands on the Councillor's time can become onerous - this applies also to staff; that it is expected that these Committees will be assigned tasks by the Mayor arising from Council business - for this and other reasons the Committees should be meeting every two weeks, or more often if necessary; that should this be adopted, each Councillor would be attending 50 meetings per year more than the Councillor presently attends. Councillor Davis advised that the report then deals with the increase in pay for the Councillors, and states that they receive an annual, taxable salary of $2,33+.00 and there is also an allowance of $1,167.00 to cover expenses incurred as a Councillor; that the fact is that the meetings must be held during working hours Q�j�` because staff will be needed at or during these meetings; that most Councillors would suffer financially if they • attended meetings, and some would be unwilling to attend under these conditions. He stated that the committee Q� h��� arrived at an additional payment of $2,000.00 per annum because it compromised between $1,500.00 and $2,500.00 - C'o�n��ee in this report, the committee recommended that an additional payment of $2,000.00 per annum per Councillor be cccc��� /'i°PDi't, budgeted as compensation for this extra work. On motion of Councillor MacGowan /7OmMl_iL� e C LZ Seconded by Councillor Kipping RESOLVED that the Common Council adopt the Committee of Councillors system as described in the Report on the Organization Study for the City of Saint John which was prepared and 06 �°�1���''r submitted by the Organization Committee, and that the Common Council make the appointments. Councillor A. Vincent asked if all the other sub - committees, such as the Land Committee and the Housing committee, would now be done away with. Councillor Davis replied that he believes it is stated in the ' report the Committees of Councillors are in addition to those committees. Councillor A. Vincent stated that he wants to support a new programme but he is not going to support it if it is a patchwork matter of adding these new Committees to the existing ones. The Mayor replied that the aim is to reduce the activities required by other committees so that we put people right in the picture. Councillor A. Vincent expressed satisfaction with this reply, stating that is what he wants to hear from Councillor Davis. Councillor Davis felt that the question of the Land Committee is a special question - it is a committee of four Councillors, just the way the Committees of Councillors are described in the report; it is correct that the Land Committee may fit in one of the Committees of Councillors; the committee has not given any thought to the other committees of the City but the Land Committee may just be the committee that deals with Community Planning and Development. He pointed out that there is a period of adjustment and we can only work these matters out if this programme is established - you cannot really plan the whole thing all the way. Councillor Kipping observed that he thinks there will have to be a considerable amount of flexibility in some of the existing committees - for example, the Pits and Excavations Committee which was formed for the specific purpose of devising legislation to control a given matter and he does not see how that kind of a committee, which involves private citizens and only a couple of Councillors, can be meshed with • any other committee that he has seen named - the said Committee exists for a specific task and when it finishes that task, it will go out of existence, but he does not see it going out of existence for a few months yet. Councillor Kipping noted that there are several committees existing at the present time on which certain Council= fors- serve, which are going to have to remain in existence, for a time, at least, until they might be integrated. Councillor Davis stated that this was the basis of discussion on whether the increase should be $2,000.00 or $2,500.00 because some Councillors have a tremendous load. Gf/ On motion of Councillor Davis Seconded by Councillor Parfitt that the by -law entitled, "A By -Law to Provide for Salaries to 1RESOLVED ��++ the Members of the Common Council of The City of Saint John" be amended so that each Councillor shall be paid an o 1? /e=W'/06 X annual salary in the amount of $4,000.00 and an annual sum in the amount of $2,000.00 as an allowance incident r to the discharge of his or her duties, and so that the Deputy Mayor shall be paid an annual salary in the amount ' of $4,400.00 and an annual sum in the amount of $2,200.00 as an allowance incident to the discharge of his duties. Deputy p y Ma or y Higgins stated that from his many years of Council, he can see the increasing work load t from year to year that Councils have to take on. He added that the work load lately has been terrific and it has made in -roads into his private life and into his business life to a point where it has become a very difficult position - as proud as he is to serve - to serve as a Councillor of the City of Saint John. He stated that he believes that the Councillors deserve more money and, without a doubt, any incoming Councillors, Mayor and Deputy Mayor should be paid accordingly - looking at the work record, he believes that this Council has to sit down very quickly and give a full -time Mayor in the City of Saint John money that it is worthwhile that the man can leave his ordinary work and serve as the Mayor of Saint John for three years. He stated that personally, as a teacher and a school principal in this city and the fact that there are many positions changing within School District Number 20, as far as principals and various jobs of wider or more responsibility, and so on, are concerned, he does not know whether he can promise the people of Saint John or this Council that at any given time he can attend the various Committee meetings. He stated that he would either like to do it right, or not do it at all. He stated he is looking forward to the idea that Councillors should be paid and paid well, in this • day and age,.to attract people in the next election, but he is going to say he will accept the money because he believes that he is worth it and most members of this Council are worth it, but he will have to take a long look and he might even have to say whether in conscience he can accept it if he cannot attend Committee meetings. Councillor A. Vincent indicated that he will have to find himself opposing the whole thing of salary increases for the Councillors if the Deputy Mayor's salary is going to be singled out any more than that of the Councillor Davis advised that the sixth recommendation in the report of the Organization Com- mittee, namely, "Order that a report be prepared dealing with space requirements and related matters ", is predicated on whether the first three recommendations in the report are complied with. He noted that this sixth recommendation is not an urgent matter and he did not believe that the Council has to adopt it as a resolution, but as we fill in the organization we will run into a space problem in certain spots, and he felt that the City Manager can handle this, very well, without Council action. Councillor A. Vincent withdrew from the meeting. Referring to the section of the report entitled "Implementation ", Councillor Davis advised that this was simply an effort on the part of the committee to schedule the appointments over a three to four - year period. He noted that under this report the total organization is increased by 68 persons and at present salary levels, this would mean an increase of $63+,000.00 per annum; that at no time does the committee suggest that this be done right now because we are fully aware of the situation in the city, but we are also aware of the situation in City Hall - we feel that the organization should be remodelled, as we have done, and that the Council investigate the organization appointments with each budget meeting. He stated he would recommend that each Council member look at this section of the report and find out what is actually involved. He made reference at this time to the Appendix to the report in which statistical comparison is made between Saint John and other cities in Canada, regarding population, land area, persons per square mile, cost per capita of employees, number of employees per capita and average pay per month per employee. Noting that the Organization Committee, which was composed of the Mayor and Councillors Cave, Hodges and himself as chairman, did a tremendous lot of work on the Organization Report, Councillor Davis expressed his appreciation to the Committee members for their efforts, and to the staff members for their co- operation with the Committee, these being Mr. Barfoot, Mr. Park, Mr. Zides, Mr. MacKinnon, Mr. Baird and Mr. Garey and Mr. Rodgers. The Mayor, on behalf of himself and the whole Council, expressed thanks to Councillor Davis, as Committee chairman, for the effort he put into this excellent report. He stated he knows everybody worked hard on this matter, and that we are proud that we have made a change that will make the City more flexible, easier to manage, and this we can do as a group, and move forward. On behalf of Councillor Hodges and himself, Councillor Cave complimented Councillor Davis on the preparation of this report, noting that Councillor Davis devoted a tremendous amount of time in this regard. �// O�E' O 7P'e�h On motion of Councillor Higgins Y K 67d,0jjpj 1;-ej,�ee /"e Seconded by Councillor M. Vincent ®r�ahi za�loh RESOLVED that a vote of thanks be extended from the Mayor and the Common Council members to Councillor Davis and the other members of the Organization Committee. • I , • Council resumed at 7.00 p.m. when there were present the Mayor and Councillors Cave, Gould, een, Higgins, Hodges, MacGowan, Parfitt, Pye, Kipping, A. Vincent and M. Vincent, and Messrs. N. Bar - ot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, N. Jackson, Deputy ief of Police, J. C. MacKinnon, Executive Director of Operations, A. W. C. Robertson, Deputy Fire Chief, • Nicolle, Director of the Recreation and Parks Department, and A. Ellis, Building Inspector. Tide zon my The Common Clerk stated that the necessary advertising took lace regarding the ry g p g g proposed the L- G� zoning for Millidgeville Estates Ltd. of property on the north side of University Avenue to permit the -efee sub - division of land for the construction of three - storey apartments on two parcels of slightly over two other Councillors. During ensuing discussion, the Mayor stated that the Deputy Mayor is selected by the Council members, and that as Mayor of this city he finds it very important for him if he, as Mayor, leaves the city for any length of time, to call on the Deputy Mayor to assume the responsibilities he would be doing; he added that he would call upon the Deputy Mayor all the more if he knew he would be paid a little more. Councillor A. Vincent asked if a Councillor would receive an honorarium or a little more stipend if he were called upon to act as the Mayor's deputy if the Deputy Mayor was not available. In reply, Deputy Mayor Higgins stated that it is not a matter of argument - he did not ask for this - in fact, he was out of the city at the time the matter of stipend increases for the Councillors and Deputy Mayor was brought up, and he therefore had nothing to do with it. He pointed out that the Mayor runs for office as Mayor of this city and all Councillors run for office, and by tradition, the leading vote = getter might be nominated for Deputy Mayor, but not necessarily; he also pointed out that the by -laws relating to the Common Council state that the Council shall elect a Deputy Mayor, and the provisions say nothing about the leading vote - getter being selected; he felt that running for the office of Deputy Mayor as such and even being defeated in that candidacy is not a fair type of race at all - he thinks it should be an election by Council for the Deputy Mayor. Councillor Kipping asked if there is any legal arrangement whereby the Deputy Mayor automatically and legally takes over and has signing authority or other authorities delegated from the Mayor when the Mayor is absent from the City. Affirmative reply was given to this query. The Common Clerk added that the Municipalities Act was amended a year ago and it now provides that when a mayor is out of town a deed can be signed by the deputy mayor. Councillor A. Vincent asked for confirmation that the said amendment to the Act has not been signed as yet by the Lieutenant Governor in Council. The Common Clerk replied that the City now calls upon the Deputy Mayor to sign deeds when the Mayor is away from the city. Councillor Kipping stated that if there is this additional responsibility for the Deputy Mayor, then he can agree with the slightly different stipend for the Deputy Mayor because it means he has to be on duty when the Mayor is absent. He pointed out that it is a different matter when the Councillors are called upon in the rotation arrangement to assist the Mayor when they are available by attending certain func# tions, than when the Deputy Mayor has to be on hand to sign or to do certain legal things on behalf of the City. He stated that from this point of view, he would agree to the recognition of such duties in the form of a slightly additional stipend for the Deputy Mayor. Councillor A. Vincent asked if the Act should not be amended, that we have we should have one slot for the Deputy Mayor. In reply, the Mayor noted that this question will have to come up at another occasion because at this time the Council is just discussing the subject of salaries - the matter brought up by Councillor A. Vincent can be brought back. Councillor A. Vincent voted "nay" to the above motion, stating that his point is that he would like to serve the remainder of his term of office as Councillor at the same salary he is now receiving as / re a Councillor, if permitted. He stated that he asks that from his fellow Councillors, as a point of $ ✓a�ahy / privilege. He stated that if he could be given that privilege he would be willing to make the vote for f0 0/ 014_ y unanimous the salaryFincreases, wi himself being excused from receiving that increase. The Mayor replied that this request will have toIte taken up with the Legal Department, to see how it be "W could arranged. Councillor A. Vincent explained that he is not really wanting to go against other people in /� ✓ this matter, but he is not in any position to accept any more salary, and he would therefore like to make C.0LGI7�I� /OrS the choice unanimous. Councillor A. Vincent advised that he cannot serve on this Council if his stipend is increased and he thought that the other Councillors would give him the privilege to declare himself - it has nothing to do with anyone else - he is prepared to support the salaries for everybody else, but if he has to receive more salary then he must withdraw and submit his resignation to the municipality; he stated he got permission to run for office under certain circumstances, and he cannot receive one cent more than the salary he now receives as a Councillor - if he does, he has to resign, immediately. The Mayor pointed out that Councillor A. Vincent could donate that money to some cause, if he would like to. Councillor Davis advised that the sixth recommendation in the report of the Organization Com- mittee, namely, "Order that a report be prepared dealing with space requirements and related matters ", is predicated on whether the first three recommendations in the report are complied with. He noted that this sixth recommendation is not an urgent matter and he did not believe that the Council has to adopt it as a resolution, but as we fill in the organization we will run into a space problem in certain spots, and he felt that the City Manager can handle this, very well, without Council action. Councillor A. Vincent withdrew from the meeting. Referring to the section of the report entitled "Implementation ", Councillor Davis advised that this was simply an effort on the part of the committee to schedule the appointments over a three to four - year period. He noted that under this report the total organization is increased by 68 persons and at present salary levels, this would mean an increase of $63+,000.00 per annum; that at no time does the committee suggest that this be done right now because we are fully aware of the situation in the city, but we are also aware of the situation in City Hall - we feel that the organization should be remodelled, as we have done, and that the Council investigate the organization appointments with each budget meeting. He stated he would recommend that each Council member look at this section of the report and find out what is actually involved. He made reference at this time to the Appendix to the report in which statistical comparison is made between Saint John and other cities in Canada, regarding population, land area, persons per square mile, cost per capita of employees, number of employees per capita and average pay per month per employee. Noting that the Organization Committee, which was composed of the Mayor and Councillors Cave, Hodges and himself as chairman, did a tremendous lot of work on the Organization Report, Councillor Davis expressed his appreciation to the Committee members for their efforts, and to the staff members for their co- operation with the Committee, these being Mr. Barfoot, Mr. Park, Mr. Zides, Mr. MacKinnon, Mr. Baird and Mr. Garey and Mr. Rodgers. The Mayor, on behalf of himself and the whole Council, expressed thanks to Councillor Davis, as Committee chairman, for the effort he put into this excellent report. He stated he knows everybody worked hard on this matter, and that we are proud that we have made a change that will make the City more flexible, easier to manage, and this we can do as a group, and move forward. On behalf of Councillor Hodges and himself, Councillor Cave complimented Councillor Davis on the preparation of this report, noting that Councillor Davis devoted a tremendous amount of time in this regard. �// O�E' O 7P'e�h On motion of Councillor Higgins Y K 67d,0jjpj 1;-ej,�ee /"e Seconded by Councillor M. Vincent ®r�ahi za�loh RESOLVED that a vote of thanks be extended from the Mayor and the Common Council members to Councillor Davis and the other members of the Organization Committee. • I , • Council resumed at 7.00 p.m. when there were present the Mayor and Councillors Cave, Gould, een, Higgins, Hodges, MacGowan, Parfitt, Pye, Kipping, A. Vincent and M. Vincent, and Messrs. N. Bar - ot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, N. Jackson, Deputy ief of Police, J. C. MacKinnon, Executive Director of Operations, A. W. C. Robertson, Deputy Fire Chief, • Nicolle, Director of the Recreation and Parks Department, and A. Ellis, Building Inspector. Tide zon my The Common Clerk stated that the necessary advertising took lace regarding the ry g p g g proposed the L- G� zoning for Millidgeville Estates Ltd. of property on the north side of University Avenue to permit the -efee sub - division of land for the construction of three - storey apartments on two parcels of slightly over two F_ 543 acres each, and sixty one- or two - family dwellings, and that no written objections have been received to such re- zoning. It was noted that a letter from the Planning Advisory Committee, dated May 22nd, 1975, recommends in favour of this re- zoning. No person was present to offer comment with regard to the proposed re- zoning. On motion of Councillor Higgins On motion of Councillor Gould — Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee recom- mending against the re- zoning of the R. E. Jewett property (as shown on the submitted print) located on Lakeview Drive on the corner of Lakewood Avenue for the construction of two - family homes on small lots measuring 60 by 80 feet, and outlining the Committee's reasons for such recommendation, be received and filed and the recommendation ✓O adopted. The Common Clerk advised that advertising took place regarding the following proposed re- zonings for Ppe„;Cor %h7 J. D. Irving Limited:- (1) re- zoning Lots 15 to 18, inclusive, on the easterly side of Russell Hill Road opposite approximately 427 to 463 Russell Hill Road, from "R -lB" One- Family district to "R -2" One- and Two- Family district ai,.d/IOf� � classification; (2) re- zoning Lots 1A, 1, 2, 2A, 3, 4, 5, 8, in Block 4 and Lots 13 and 14 in Block 1 on Balmoral .�6/h Crescent from Russell Hill Road intersection northerly up the hill, from "R -lA" One- Family district to "R -2" • One- and Two- Family district classification; (3) re- zoning Lots 19, 19A, 20, 20A, 21, 21A, 22, in Block 3, and Lots 9 to 14 in Block 4 on Greenock Drive, from "R -1B" One- Family district to "R -2" One- and Two- Family district classification. He stated that the following items have been received in objection to the three proposed re- zonings:- letters from: Mr. Ronald G. Levine, Mr. B. L. Hanson, Mr. and Mrs. Simon Levine, Dr. and Mrs. Roy Wills, Mrs. Beth Livingston, Mr. and Mrs. Walter F. Lord, Mr. E. S. Matheson, Mr. and Mrs. E. K. Godwin, Dr. and L Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns rezoning an area of land on the northerly side of University Avenue lying between lands owned by Galbraith Construction Co., The Presbyterian Church and �I Milton R. Downey (which front on University Avenue) on the south side and the Highwood Development and William Dolan lands on the north side, and bounded on the west by lands owned by the City of Saint John on which a new arena is presently under construction, from "PD" Planned Development to a combination of "RM -1" up to Three - Storey Multiple Residential district and "R One- Two- Family Residential -2" and district, be read a first time. Councillor Kipping asked if the re- zoning description in the above matter means that the land that is being considered for re- zoning is any of the land immediately adjacent to the arena, or does it mean it is bounded on the west by lands owned by the City of Saint John on which a new arena is presently under construction. He was given assurance by the Common Clerk at this time that no land owned by the City of Saint John is involved in this proposed re- zoning. Councillor Kipping noted that, therefore, the development is taking place adjacent to the land owned by the City where the City happens to be building the arena. He explained that he was dis- cussing this point because the question was put to him by citizens who were worried about the fact that housing ' development would probably be immediately adjacent to and behind the arena. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of /_ • %���ye^ The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land on the northerly side of University Avenue lying between lands owned by Galbraith Construction Co., The Presbyterian Church and O'i1fl� J Milton R. Downey (which front on University Avenue) on the south side and the Highwood Development and William �_1�5 Dolan lands on the north side, and bounded on the west by lands owned by the City of Saint John on which a new 0�1L arena is presently under construction, from "PD" Planned Development to a combination of "RM -1" up to Three- Storey Multiple Residential district and "R -2" One- and Two - Family Residential district, be read a second time. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". QQ The Common Clerk advised that with regard to the proposed re- zoning for Mr. Timothy Isaac of his FICV00•1TOL property at 1680 Manawagonish Road at the intersection of that street with Coronation Avenue in Island View aov^ Heights, the necessary advertising took place, a letter from the Planning Advisory Committee recommends against the rezoning (for the main reasons: (1) the objections of many of the residents of the area, (2) the question of restrictive covenants and their legal implications related to land use and municipal zoning controls, and (3) ' the fact that most of the members of the Committee felt that permission would constitute spot zoning), and the / -1*o1 4Y following objections to the proposed re- zoning have been received:- letter from the Canadian National Institute 7 for the Blind, Mrs. Catherine Tonner, Mr. Malcolm E. Williams and Mr. Wilfred L. Wood, and a petition signed by ,IsF W 7C, a number of property owners and residents of Island View Heights. /s p4WQl� The Common Clerk at this time read a letter received'this date from Mr. Harry G. Colwell of the law firm of Clark, Drummie & Company, stating that his client, Mr. Isaac, does not wish to proceed further with this re- zoning application and that his client asks that any further consideration or action on the part of the Mayor and Council regarding the said application, be discontinued. On motion of Councillor Cave ��iZO{710/� Seconded by Councillor Green 77/yy RESOLVED that no action be taken regarding the above noted re- zoning • �� J application and that the correspondence relating thereto be received and filed. On motion of Councillor Higgins Seconded by Councillor Cave RESOLVED that the above named letters and petition offering objection to P@ VQl e the proposed re- zoning of the Timothy Isaac property at 1680 Manawagonish Road, be received and filed. % i�i2OaJ %HLf ✓✓ The Common Clerk advised that re- zoning advertising took place for Mr. R. E. Jewett regarding the ,a����_ roposal to re -zone the land frontage on the westerly side of Lakeview Drive between the R. E. Jowett and D. Fraser properties to permit eight lots measuring 60 by 80 feet for two - family homes, and that one written C(/�� /d/91S f!!'/%�jCPC�sl�• objection, that of Mr. John S. Daye, was received to the proposed re- zoning. He further advised that the Planning Advisory Committee letter of May 16th, 1975 recommends against the re- zoning and advises that the yd�OOd� Committee considers that the proposed development would be out of character with the surrounding area. It was noted that no person was present to offer comment regarding the proposed re- zoning. On motion of Councillor Gould — Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee recom- mending against the re- zoning of the R. E. Jewett property (as shown on the submitted print) located on Lakeview Drive on the corner of Lakewood Avenue for the construction of two - family homes on small lots measuring 60 by 80 feet, and outlining the Committee's reasons for such recommendation, be received and filed and the recommendation ✓O adopted. The Common Clerk advised that advertising took place regarding the following proposed re- zonings for Ppe„;Cor %h7 J. D. Irving Limited:- (1) re- zoning Lots 15 to 18, inclusive, on the easterly side of Russell Hill Road opposite approximately 427 to 463 Russell Hill Road, from "R -lB" One- Family district to "R -2" One- and Two- Family district ai,.d/IOf� � classification; (2) re- zoning Lots 1A, 1, 2, 2A, 3, 4, 5, 8, in Block 4 and Lots 13 and 14 in Block 1 on Balmoral .�6/h Crescent from Russell Hill Road intersection northerly up the hill, from "R -lA" One- Family district to "R -2" • One- and Two- Family district classification; (3) re- zoning Lots 19, 19A, 20, 20A, 21, 21A, 22, in Block 3, and Lots 9 to 14 in Block 4 on Greenock Drive, from "R -1B" One- Family district to "R -2" One- and Two- Family district classification. He stated that the following items have been received in objection to the three proposed re- zonings:- letters from: Mr. Ronald G. Levine, Mr. B. L. Hanson, Mr. and Mrs. Simon Levine, Dr. and Mrs. Roy Wills, Mrs. Beth Livingston, Mr. and Mrs. Walter F. Lord, Mr. E. S. Matheson, Mr. and Mrs. E. K. Godwin, Dr. and L 544 ? /anti, t4wt11,5 . COIn/" Mrs. Alan Robertson, Mr. and Mrs. R. Murray Nelson, Mrs. Martha J. MacLeod, Mr. and Mrs. David A. Nason, Mr. Lloyd Parent, Mr. John C. Green and Mr. and Mrs. Ronald H. Howard; a petition submitted by the High- • lands of Lancaster Residents Association, which petition is signed by eighty per cent of the owners of property within 300 feet of the area affected and by the residents in the immediate area, and which is accompanied by a Brief outlining the objection of these residents to the said proposed re- zonings. Consideration was given to a letter, dated May 20th, 1975, from the Planning Advisory Committee, advising that the current zoning in the area is shown on the submitted print; that there is a small area, shown on the print, opposite Greenock Drive now zoned for one- and two - family dwellings - some of these lots have been built on by one - family dwellings and there is one single two - storey building there - nine lots are still available for two - family buildings; that the Committee received a brief from the Highlands of Lancaster Association, which is comprised of owner- residents of homes from areas surrounding the proposed re- zoning and that the Committee, therefore, invited representatives of the Association and of J. D. Irving Limited to appear before it; that the proposed re- zoning, particularly on Balmoral Crescent and on Russell Hill Road, would have the effect of intruding and virtually splitting into two the areas now developed with single - family homes; that the objectors raised a variety of other points such as concern with the proposal to have two separate driveways for each lot on steep hills and blind knolls and presented a strong case against changing the zoning on which the development was based and on which subsequent home purchases have been made; that homes in the area, particularly on Balmoral Crescent, are chracteristically larger owner- occupied ranch style bungalows on large landscaped lots, and that the proposed development would be two - storey semi - detached two - family homes which would be rented to company employees. The letter states that the Committee agrees with the views of the resident property owners in the area and recommends against the re- zoning which is being applied for. Mr. Alfred Brien, Barrister, was present on behalf of the residents in opposition to the above named proposed re- zonings applications, stating that he is solicitor for the said residents who are /'p opposing the re- zoning applications and that when he speaks of residents of the area he means residents not only who are within the 300 -foot rule (that is, within 300 feet of the proposed re- zoning areas) but re xoni ny also the residents in the immediate area; he added that over eighty per cent of the residents who live within 300 feet of the proposed re -zoned area have indicated their objection and he believes such ob- J.-O. 2- rvin9 jection has been filed with the Common Clerk, and therefore with the Council, by way of petition; he noted / that approximately 270 people of the area, outside as well as within the 300 feet, have also signified o(t� their opposition to this re- zoning application, treating the matter as all three applications. He made reference to the fact that quite a number of the residents of the area were present at this meeting to indicate their opposition to the re- zoning applications. He stated that the Brief submitted by the High- lands of Lancaster Association sets out the points of objection about which the residents in that area feel strongly, and that the residents view the re- zoning applications as a matter of major concern. Mr. Brien submitted the following points: Present zoning of the area - it is currently a single - family residential area, with the exception of a small portion which was zoned for two - family dwellings; for the most part, it has owner- occupied dwellings and these residents chose to build, buy and,.. reside there or are planning on building there because for one reason, it is zoned for single - family; historically, the area has been single - family and there are people in the area who have lived there in excess of sixty years who do not want to see the area changed; although the city needs more housing, it is felt that on the long term the Council should follow some of the objectives set out in the Municipal Development Plan, one of which is that you do not allow hodge -podge planning and you do not take an orderly system that was devised on a basis of the use of the land in the area, the wishes of the residents and a planning on the basis of a mixture, and, suddenly, allow a major development to change by a re- zoning of the present single - family area - as well as if, suddenly, you were allowed to change it to commercial use; the residents want good quality housing in the area and they would like to encourage, as much as possible, further single - family dwellings, which would not be accomplished if the present re- zoning were permitted as this would?.tahe away 27 spots in a prime residential area for single - family residents; he commented that Saint John needs single - family residences of good quality, and that this particular area which has already been set up and is a good, fine development of single - family dwellings now, should be retained in this category, keeping in mind that people coming to the city seeking resid- ences would be attracted to such an area; the area residents have considered the existing Zoning By -Law as some form of insurance or security and have made the investment in these homes on the basis of that by- Law and, in bringing their families to the area, considered a lot of factors when they bought there, including school facilities, and they felt confident that the City would not suddenly allow a change in the character of the area, or suddenly allow a change in what had otherwise been good planning to allow this area to flourish, and they feel they should have some sort of insurance that the area is not suddenly going'to be changed; it is a general principle regarding zoning by -laws that if a city follows them stringently the residents can feel secure in the actions that they take, knowing that what is expected of them will be expected of anybody in the future and what is expected by anybody who is existing there will be expected by anybody moving in there, and that is the same type of faith that they put in the Common .ouncil with the Zoning By -Law; it is felt that to grant a change such as to grant this proposed re- zoning, would be a very serious breach of faith; it is also a principle of a zoning by -law that the onus Ls on the person or persons, corporation or individual to justify a change in the zoning by -law and that it is not an onus on the residents to defend it at every point in time; the residents in the area also feel that the Council should back them up on this; they see no justifiable reason for changing the area snd they ask the Council take this into consideration. Value of existing residences in the area: the proposed Zoning By -Law amendment would result in an undesirable change of character in that area and the values of existing property will be significantly affected and the development of the area as a one - family iistrict will be retarded. Municipal Development Plan: the proposed Zoning By -Law amendment is at variance with the objectives of the said Plan with respect to traffic, values, safety and good planning. Praffic: the present single - family zoning would allow 27 more single - family units and even that is going to cause some problems in the area which has basically narrow roads which are twisty, and the proposal of the development to have 27 two - family dwellings on each lot with two driveways per lot, that is the iriveways for each duplex unit (compared to one driveway per lot for single - family dwellings as presently °xists in the area) would mean a total of approximately 54 driveways for the duplex houses and would .Dresent a problem, and this is a concern to the present residents of the area; Balmoral Crescent is one of ,,he major traffic arteries in and out of the residential area, and it is a blind hill and takes all the Traffic funnelling out of St. Clair Avenue, Riverhill Drive, Balmoral Crescent and Russell Hill Road, all coming down in an incline the culmination of which comes out on the Greenhead Road where a school is Located; it is going to be difficult enough on Balmoral Crescent if there are driveways along 'it, but the oroblem will be even compounded further if there are two driveways per lot; the residents are concerned about the safety of adult and adult pedestrians and children of the area because of the traffic hazard problems these streets present. The proposed dwelling units: the proposal which was placed by the ap- ?licant also before the Planning Advisory Committee is for two - family dwellings for rental and it is the concern of the residents that people who rent do not necessarily have the same commitment as people who nave purchased or built in the area, and there is not the emphasis on up -keep or on maintenance of rental Droperties on tenants; the design put forth by the applicant in this instance is one basic design for the iuplex houses; looking at the application, it is suggested that the applicant is not one who is, perhaps, iot in a tight spot and owns land which he can make no other use of - in the instance, one might be able o assume that the developer might be able to find other areas in which to build his rental project; it vas noted at the Planning Advisory Committee meeting that the applicant was represented by Kent Homes • • • F, le OF. Ki l7. _TPV • • ,Xvoe, Xonl h bd i7�S �85� eLL�zOn %n� aTOYJM /�- Po9 /f+7eO', Carne// O/9 545 d., and it is suggested that if the applicant has duplex homes to build they should be built in an area pro - rly zoned for it at the present time. Councillor Parfitt stated that from speaking with one person who resides on the Greenhead Road, some of people who signed the petition understood that it was apartments that were going to be built and they were nst apartments - this particular person said that had he known it was duplex houses that were planned he d not have objected. She noted that sometimes in cases of petitions people do not obtain relative information re signing them. Mr. John Roy, representing the rezoning applicant, stated that at the meeting of the Planning Advisory mmittee a number of objections were raised to the proposed re- zoning which are very similar in their basic rection to the objections that have been made at this meeting of Council, and he believes that many of the ints that were made are very valid and in the light of it, they have decided to request of the Common Council at they be entitled to withdraw the applications for the rezoning; however, he would like to ask the group of titioners who were present at this meeting in opposition to the re- zoning, if they would be prepared to meet th J. D. Irving Limited in order that they might be able to look at the proposed development in more detail - believes there is more to the matter than comes out in formal discussion. He stated that it is not, or has t been, the intention of the applicant to thwart, or to undermine or to not play fair with the residents of the ea - basically, the applicant is trying to provide housing and feels it is trying to provide a good quality of using for the city - with all the industrial development that is going on in the city area, he felt that, in e form or another, the city is going to have to have additional housing units for the people involved in dustries, and the applicant feels it is in the position to provide this housing. The Mayor suggested to Mr. y that he could make a private arrangement to meet with the area group. Mr. Roy stated that he would like to thdraw all three re- zoning applications at this point, with the opportunity to re- apply. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that permission be granted to J. D. Irving Limited to withdraw the noted three re- zoning applications. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the correspondence which expresses objection to the named proposed re- zoning, be received and filed. The Common Clerk advised that advertising was completed for the proposed amendment to the Zoning By -Law o establish a new class of zone and regulations therefore to be known as "C" Conservation Zone; to re -zone as a C" Conservation Zone certain areas described in the advertisment (in the area of Saint's Rest marsh); and to mend Schedule 2 -A of the Municipal Development Plan to include all of the said described area as Open Space. He tated that a written objection was received from Mr. John P. Palmer, Q. C., solicitor for Mr. F. Gordon Carvell, nd that another letter of objection has been submitted by Mr. A. B. Gilbert, Q. C. of Gilbert, McClean, Gillis & ones, on behalf of J. D. Irving Ltd. Mr. Palmer was present and made the following points:- his client owns considerable acreage of property hich is affected by these proposals; the drainage basin of the marsh creek (Manawagonish Creek and the Saint's est marsh) extends roughly along the line of Manawagonish Road from somewhere on the eastern side of Mr. Carvell's roperty, right in to Main Street and down that street and Lancaster Avenue and then out the Sand Cove Road to is extremity, taking in several square miles in this drainage basin; his impression is that it is becoming a ery sad area for several reasons, one of which is that as the hillsides have built up and the flats that some - ody wants to conserve have been flooded with raw sewage - every time there is a rain storm, or something, the ittle aeration tank is insufficient and the effluent goes down the creek and is then brought up all over the lats by the tide; twenty -five years ago, this was quite a lovely spot - the Saint's Rest beach was a picnic rea, Taylor's Island (which was then owned by the Federal Government) had not been used - it was quite a de- ightful area that could have a nice park - but in the last decade particularly it has become surrounded by ravel pits, the excavation of gravel from what was formerly farmland, has reached a very distressing degree of evelopment - the dykes have washed out and there is enough excavation on the beach to the south of the marsh roperty that the tides comes through at any extreme tide; it is submitted that the proposal would have been uite worth considering twenty -five years ago, but now it is too late; it is suggested that if this Council is arsighted it could look forward, perhaps, to doing something at Musquash where there is a salt marsh that has of been affected, yet - but to try to do anything with the Saint's Rest marsh is very late - the whole sur- oundings have changed, the dykes washing out, the creeks have been sluicing out more and more and cutting deeper hannels - the whole area has changed very significantly in the last decade; it is submitted that the proposal oes not justify the removal of valuable land to the use contemplated by the report and recommendation of the Tanning Advisory Committee - that the loss in tax values is not justified by what is there now - it will not ook very well for another one hundred years, no matter what you do. At this time, Mr. Palmer exhibited to the Council members a plan which was prepared in connection with throughway expropriation which shows Mr. Carvell's property and the part of the upland that is proposed to be oned by the application in question, and deposited a copy of the said plan with the Common Clerk for the on Council. Mr. Palmer thereupon made the following points:- the proposed re- zoning is so drastic that, literally, r. Carvell cannot even graze his cattle in that area without permission - every conceivable use of this land is aken away, without permission - everything has to be subject to the whim of the Planning group - Mr. Carvell annot even continue to farm or to cut trees, apparently, without somebody's permission, let alone use it as ecommended by the industrial plan, for light industrial use; it is submitted that this marsh which once was a eauty spot has become a disaster area and that efforts should concentrate on saving something else within the ity limits that has not been so drastically affected as this area has been; it is one thing to plan and zone, nd another thing to deprive one individual of perhaps $100,000.00 of value by one of these re- zonings - because hat land is certainly worth between $1,000.00 and $2,000.00 an area under present conditions (he has had the pinion of four thousand dollars per acre prior to the recent expropriation) but if this re- zoning application is cceded to, the land is not worth 10¢ an acre because it completely destroys the value; it is submitted that here can be no justification whatever for re- zoning that part of Mr. Carvell's farm which is not marsh. Mr. almer displayed an aerial photograph of the area under discussion, and stated that his point is that of all the rainage basin of the Manawagonish Creek and the Saint's Rest marsh the only piece of buffer zone they want to ake is off this one owner - they propose to re -zone 77 acres of his property but not an acre out of anybody's Ise's all the way around until you come to some Provincial property where the zoning is not effective because he by -law does not bind the Crown; it is submitted that there is no more justification for re- zoning part of Mr. arvell's upland even if the marsh is re- zoned, but to take the 77 acres of the upland and re -zone it, an equiv- lent band all around the drainage basin should be taken because there is not much use in taking two hundred feet rom Mr. Carvell without taking it from every other owner all the way around the circle because there would be .xst as much deleterious drainage into the marsh area from anybody's else's as there would be from Mr. Carvell's 546 property; if the City is going to go ahead with the project it should buy the land, which was the recom- mendation of the Planning Advisory Committee - he understands that Mr. Carvell is willing to sell, either the 20 -odd acres in the Estate marsh property which belongs to him and his sisters, or his own property south of the throughway, and he would be interested in hearing bids; it is felt that it is not a case of you destroy value by zoning, but, rather, a case where if it is worth doing, you should buy it up. He noted that the land of his client is presently zoned as "RF" (Rural District); under the Plan it is laid out for light industrial use; Mr. Carvell is a farmer and has 40 head of cattle, he and his sons milk the cattle daily and he delivers milk door to door - he is a bona fide farmer and therefore his land is valued and assessed as farmland - all his land is woodland and it is really that land we are talking about except for the corner of 14 acres which is forestland and that forestland is assessed and taxed at a figure of 25� per acre - that is a statutory matter under the Act - but that does not have anything to do with the value of the property; there is a piece of woodland there that perhaps the City, if it is interested in parks, should have a committee look at because the trees on this land are exceptionally fine - two and three feet thick and stand nearly 100 feet tall - he felt that if the City is interested in extending park areas it should look at this woodland area and should create it by purchase; he felt it is not quite reasonable to ask Mir. Carvell to contribute $200,000.00 to the enjoyment of others (which would be the case if this re- zoning were done) - this property has been in his mother's family around 150 years and Mr. Carvell has worked hard all his life. In reply to Councillor MacGowan's query as to whether Mr. Carvell has any in- tention of cutting these trees to use this land as farmland, Mr. Palmer noted that it is a woodlot ap- purtenant to a farm, and stated that the answer is that Mr. Carvell loves his trees and he does not like seeing them cut. He noted that there are 104 acres of land in the lands he has been discussing. • • FA • Mr. Adrian B. Gilbert, Q. C., was present representing J. D. Irving Ltd., a client of Gilbert, McGloan, Gillis & Jones, and pointed out that this company is one of a group of companies that gives a tremendous amount of employment in this community; he elaborated in this regard. He advised that the 574.8 LT acres, of land owned by J. D. Irving Ltd. in the vicinity of the former Rifle Range and the Taylor Peninsula was cquired for industry, only. He referred to the three deeds under which the company acquired 469 acres Try %n9 of land, including this particular acreage, one deed being dated October 29th, 1969 from the Canada Per- manent Trust Company; this acreage of 462 acres cost over $300,000.00, in spite of it being through the /C marsh where the creek will have to be straightened if it is ever used for industry - the straightening can be done in a few weeks; in addition, the company acquired 47.8 acres from Brunswick Ready Mix Concrete, right beside the other area (that is, the 47.8 acres is the beach property); the third deed acquired some 58 acres from Timberland Holding Ltd.; all of those lots of land, totalling 584.8 acres, cost on the average of $1,000.00 per acre seven and eight years ago - today, with the escalating values of property in and around this city, they would be worth much more. He stated that he sympathizes with the conservation committee and with the Advisory Committee in wanting to have parks, but the place for a park like this and a conservation area is down further, at Musquash where there is ten times the area, or more, in those marshes. He asked why should either Mr. Carvell or his client provide, free of cost, the vast area in the area of the Manawagonish Creek, Saint's Rest marsh and Taylor Peninsula. He felt that the Council is far Cons e/'l�ti on more interested in seeing that its population is fed and is provided with jobs than in feeding the fish or gotyei 7o nt'N 9 the birds that may be in the marsh area; he likes to see wild life conservation, but at what cost - is the Council going to sacrifice one of the best remaining industrial zones which is ever bit as g g g y good as Mispec or Lorneville from the point of view of establishment of a majority industry that will employ a lot of men. He felt that the proposal for the establishing of the area as a conservation zone was made in the first instance by people who were not familiar with the Comprehensive Community Plan; he noted that the said Plan proposed amongst other things that this Council ensure that priorities are fine in a programme for civic improvement, and he further noted that what the City wants is that primary attention is focussed on the /l,�psij area attraction of more industry and the adoption of measures to increase job opportunity - it is vital that we have got to give jobs to all citizens seeking jobs, and this is one way. He stated he was unable to state �p at this time what specific industry,is planned for that area but he does know that one has been planned for Re e ";nOn//y that area, and he would say it would be very short sighted on the part of this Council if it were not preserved in such a form that they could establish an industry there when they need to. Referring further to the Comprehensive Community Plan, under the heading of "Industrial ", Mr. Gilbert noted that the Plan says "while the feasibility of a superport and related industrial complex in the Lorneville area is still under investigation provision has been made in the Plan for such a development; until the entire matter of superport development in the Maritimes is resolved the lands in this location should be held from other uses in order not to inhibit the possibility of their use for superport complex ", and he further noted that the area in question is right next to the superport complex at Lorneville; he further referred to the Comprehensive Community Plan, page 2 -22. He noted that this area, which today is zoned for Park zone, is right along the shoreline where there is bound to be industrial development and a demand for industrial sites; he asked if the City is proposing not only to buy out Mr. Carvell but to buy out some 567 acres, at a rather staggering figure; he does not think the people of Saint John would stand for such a proposal and he does not think that the Council would be very happy about it. He stated that he would strongly urge the Council to postpone any final consideration of this zoning, or even withdraw the proposal, until it has full information as it will have, perhaps this year, perhaps next year, but just as soon as the owners of this land, J. D. Irving Ltd., can make their plans; until that is known, he urges the Council not to destroy a very valuable industrial site, unless, of course, the City is prepared to pay for it at an arbitrative price which would be terribly costly. Speaking in favour of the re- zoning, Mr. Zides explained that the report from the Planning dvisory Committee originated as the result of a request by various citizens and conservation groups that Alahn. 4d(IIS' his area be preserved; this was referred to the staff - specifically the Planning Advisory Committee and the Recreation Advisory people, or the authorities in the area who feel that the area should be preserved; C0�Da7 we are getting down to some general specifics here to explain the reasoning that went into the report - the report analyzes the actual wildlife, the biology and the hydrology of the marsh and once you accept the fact-that you want to preserve them, then the question is - what area do you preserve; in the case of the Carvell land, those lands are presently zoned rural and there are some uses that could be made of_' those ands if those uses were indeed being made of:: them - it is a wooded area - and the line that is drawn cross the Carvell property is actually a kind of dividing line where there is a break in the land, and from that line towards the marsh the drainage pattern is largely toward the marsh or to the Bay itself and from that line going in the other direction it would be away from the marsh or the Bay. He stated that the actual marsh itself is now subject to the condition: it is zoned for Park which is about as stringent as a Conservation Zone, it is shown on the Municipal Development Plan as Open Space - if, indeed, somebody anted to come in and develop those areas for industrial purposes they would have to come before Council, ne way or the other, regardless of'the zoning. He felt that, especially, the points that Mr. Gilbert made re valid from the point of view of a plan but he is not sure they are valid for these particular lands ecause he thinks what the Plan says is that you give priority to jobs and in order to do so you create, or old, or acquire the land in the Lorneville area for the necessary industrial development - and that has een done - some 8,000 acres of those lands were acquired by the Province and are zoned for industry and re being in part developed for industry. He added that when the report was written, there is a note at he bottom of the fifth page about the Provincial regulations on excavations. He stated that that has Itered in the interim - the Province put through regulations under which no -one is supposed to quarry ravel, beach sand, et cetera up to one °thousand feet above neap high tide level; at the time this was eing broached, there was a breach in the dune or the sand bar and we went to the Province about it and the epartment of Natural Resources of the Province felt that this area was worth preserving, and they con - 'Ited with the J. D. Irving Ltd. people who were either the owners of the property or the operators of the • • FA • r 547 excavation and they came to an agreement that there should be no longer any excavation at that location - as a matter of fact, the J. D. Irving Ltd. has made an application to the Province, (and at last writing he believes • that the Province might have already given them the permit) to remove an amount of gravel above 1,000 feet away from the neap high tide level - that material was going to be dumped over the bank into the beach area, washed by tide action to remove clay, and so on and afterward, the Irving interests have agreed that they would put the beach at that location back to its present state, to what it was before the actual excavation. He pointed out that there are people, both at the Provincial level and through the conservation and wildlife people that the Planning people have been dealing with, at least, who feel that these areas should be preserved. He noted that there are regulations and the legal law in effect that affect the areas in question, with the exception of a couple of pieces of the Carvell property which is shown as Rural zoning but which was shown on the Municipal Development Plan as potentially light industrial or industrial use; the great portion of the marsh area is now zoned as Park district and whether it is expropriation without compensation or not, it is zoned that way and the ' Municipal Development Plan shows it as Open Space - however, that Plan does recommend that the City should make efforts to acquire land when you want to reserve land permanently for other developments, and he thinks you have to be fair on that basis. In reply to the Mayor's question as to whether the group who wanted the conservation area have looked at the lands at Musquash marsh, Mr. Zides stated that he really cannot say that they have. Councillor Kipping asked Mr. Zides to comment on the feasibility of taking land around the entire ring of the Saint's Rest marsh drainage basin. Mr. Zides stated he was surprised to hear Mr. Palmer suggest; Mr. Zides noted that the whole drainage basin area is larger than the actual marsh itself and additional areas are being recommended for re- zoning to Conservation Zone. ZB/7B, On motion of Councillor Cave ^7040v: AV— Seconded by Councillor A. Vincent RESOLVED that the matter of this proposed re- zoning be laid on the .?Jftea table for two weeks, to afford the Council members an opportunity to view the area in question. �e—,ZoI7 %I7� Question being taken, the motion was carried with Councillors Higgins and MacGowan voting "nay ". On motion of Councillor Cave • Seconded by Councillor A. Vincent RESOLVED that the proposed amending of Schedule 5 -A of the Municipal Development Plan by a series of minor adjustments intended to bring the various planning districts to more twl practical or definable boundaries - for planning and statistical purposes and not regulation or by -law control - .,u., be laid on the table for two weeks. With regard to the tabling of the proposed re- zoning of the Saint's Rest Marsh area to "C" Conservation �a Zone, Councillor Higgins stated that he hopes that the information that will be forthcoming as a result of this 6?6^6/7 tabling section includes clarification for the Council on the matter of compensation to Mr. Carvell as opposed to 0.?rllell expropriation. He felt that this is what many of the Council members are concerned about, and not necessarily the industrial idea or the preservation of the marsh area. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the re- zoning of the Thistle Curling Club property and the adjoining acquired property to the north on Dufferin Avenue, as shown on the submitted plan, to an "I -1" Light Industrial zone be pursuant to Section 39 of the Community Planning Act, restricting the use of the pro - _00/ h perty to the specific proposal before the Common Council to rebuild and enlarge the Curling Rink, and that the letter from the Planning Advisory Committee, dated May 6th, 1975, recommending in favour of the said re- zoning pursuant to Section 39 of the said Act as stated, be received and filed: AND FURTHER that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and //e Amendments Thereto ", insofar as it concerns re- zoning the site of the recently burned out Thistle Curling Club and the adjoining property at 53 Dufferin Avenue, from "R -2" One- and Two - Family Residential district to "I -1" Light Industrial.district, be read a third time and enacted and the Corporate Common Seal affixed thereto. C/u fi Councillor Higgins stated he understood that before third reading of the above by -law amendment would go through, all matters pertinent to the issuing of a building permit had to be done first, before a building • permit can be issued - however, that is not the point - the third reading is just with reference to the re- zoning, but before a building permit is issued matters have to be worked out between the Curling Club Board of Directors and Mr. Zides. Councillor Gould enquired if the criteria is to be met before you could re -zone. The Mayor replied that this is probably done in the building permit; it would be up to the Building Inspection Department, the Planning Department and the Planning Advisory Committee to see that the requirements are met, as a matter of routine. Mr. Zides explained that because this is a problem dealing with a specific authority of the Planning Advisory Committee it will have to go to the Committee - the Committee has said it would not permit a variance from the point of view of the distance but normally the parking has to be on the site and the Committee said it would agree to something off the site - the Committee also said at that meeting that it would not reduce the number of parking spaces and, also, it wants some kind of arrangement between the Club and people who al- ' legedly had some parking to provide - therefore, he thinks you would have to go back to the Committee in this regard. Councillor Kipping commented that, in any case, we will be notified of anything in the Planning Advisory Committee in time. Mr. Zides further explained that as soon as the re- zoning goes through and there is no problem afterwards as regards the parking, there will be a building permit issued - if there is some problem, the matter might have to come back to Council. The by -law entitled, "A By -Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning the area south of University Avenue lying east of the Huntington development townhouses about Candlewood Lane, from "PD" Planned Development district "RM J to -1" Multiple Residential district and P Park district, be read a third and enacted and the Corporate /time Common Seal affixed thereto. �%psp��� %O/1 4dI %e� 6y e7 1,9a TdrZ / /9'J% KP/j3,.?00A 7HJ �030� iori The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", /rg, as read in its entirety prior to the adoption of the above resolution. /976 On motion of Councillor Higgins 73) Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law 54S /fie ;Zohi fj/arol�s� Cpl ae /.7 ke �nza6ke r%h AV. �L°/lltel' Fihe ; lose truelr A�u Pment Stoe%t %r,9 Co• of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning the lots on Wallace Court and the lots on the north side of Pine Avenue from Wallace Court to the railway tracks, from "R -1B" One - Family Residential district to "R -2" One- and Two- Family Residential district, be read a third time • and enacted and the Corporate Common Seal affixed thereto. The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Gould Seconded by Councillor Green RESOLVED that as recommended by the City Manager, approval be granted for payment of the following construction progress certificate and approved invoice for engin- I eering services in connection with a project that was undertaken under the Department of Regional Economic ExDansion:- 1. Spruce Lake Intake Canron Limited For supply of 72 -inch diameter intake pipe Total value of contract (O.C.C. August 26, 1974) $ 29,596.00 Payments previously approved Nil Retention Nil Sum recommended for payment, Progress Estimate Number 1, including Invoice Numbers: 45538; 46120; 45539; 45540; 45541; 45542; 45543; 45544; 45545; 45546; 46013; 46014 Total $ 31,121.65 Modifications in the ordered length of each item, as originally quoted, resulted in a lower basic price; however, the original amount approved did not include taxes. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that as recommended by the City Manager and the Purchasing Agent, the lowest bid received, namely, that of Safety Supply Co., in the amount of $66,398.40, be ac- cepted for the supply of one only 1050 I.G.P.M. combination pumper, booster and hose truck for the Fire Department, as shown on the submitted bid summary. On motion of Councillor Cave .Seconded by Councillor Gould RESOLVED that the letter from the City Manager, advising that funds ve been provided in the 1975 Police Department budget for the purchase of polygraph equipment and that ter having investigated the various types of equipment available, it has been decided that the equipment nufactured by Stoelting Co., of Chicago, Illinois is best suited to meet the City's requirements, and commending that approval be given to purchase the following equipment from the said company at a cost of ,919.50 F.O.B. Chicago, plus taxes: - ,919.50 F.O.B. Chicago, plus taxes: - 1 only Model 22635X monitor c/w stimulus marker $ 2,575.00 1 only Model 22498E chair 190.00 1 only Model 8037 carrying case 22.00 50 only rolls 25935 chart paper @ $2.65 132.50 $ 2,919.50 - received and filed and the recommendation adopted. 5• On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the report for April of the Building and Technical Services, be received and filed. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that in accordance with the recommendation of the City er, approval be granted for payment of the invoice from Stephen Construction Company Limited in the t of $39,420.64 for supplying asphalt to the Works Department during the period May lst to 15th, On motion of Councillor Kipping Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the City 6:tRli��I /• Manager, approval be given for payment of the following construction progress certificate in connection OICGC with the following named contract for a project that is included in the Capital Budget: S-z &# r � seiner. #/0OW4!,WrWl Ho f'�a i rrEi ny 7 -;Ke~h 0C:eoe Woodward Avenue 42 -inch Storm Sewer Supply and install 42 -inch storm sewer Gerald J. Ryan Company Limited Total value of contract $ 165,165.00 Total work done, Estimate Number 6 177,605.44 Retention Nil Payments previously approved 172,277.28 Sum recommended for payment, Certificate Number 6, May 21, 1975, Final release of holdback $ 5,328.16 On motion of Councillor Gould l J 0 7 Seconded by Councillor Hodges • 8 RESOLVED that as recommended by the City Manager and the Purchasing gent, dated May 26th, 1975, (further to the City Manager's report of May 22nd, 1975 which recommends that he bid of MacDonald Applicators, in the amount of $2,349.00 be accepted for painting Number 8 Fire tation at Millidgeville) the contract for painting Number 8 Fire Station be awarded to Trueman Morrow I 549 Question being taken, the motion to accept the tender of Trueman Morrow Ltd. was carried with Councillors Vincent, Green and MacGowan voting "nay ". Councillor Parfitt was not present in the Council Chamber at this ime. On motion of Councillor M. Vincent . Seconded by Councillor Higgins RESOLVED that as per the recommendation of the City Manager, approval be granted for payment of the following construction progress certificates and approved invoices for engineering �,y1•,p� .F services in connection with the following projects that have been undertaken under the Department of Regional Economic Expansion:- McAllister Industrial Park External Main Proctor & Redfern Ltd. Engineering Services Payments previously approved Nil Sum recommended for payment, Invoice Number 3404, April 15, 1975 $ 6,857.27 !f pt• (•O /I.elrw 2. Western Collector Area Trunk Sewer - 16 c.f.s. Carpenters Place Lifts Station ' d T/g7S5a� W. H. Crandall & Associates Engineering Services Payments previously approved $62,554.46 Sum recommended for payment, Invoice Number 3698, April 22, 1975 $10,717.50 3• McAllister Drive Extension XL� Murdoch - Lingley Limited Surveying Costs Payments previously approved $20,769.75 Sum recommended for payment, Certificate Number 4, April 30, 1975 $ 2,869.25 VIA? C° 4. Hazen Creek Sewerage Treatment Plant •few. Godfrey Associates Ltd. /eye Engineering Services Payments previously approved $29,899.49 Sum recommended for payment, Invoice Number 5620, Estimate Number 31, April 30, 1975 $ 3,097.86 5. Water Street Reconstruction vV L�l Read- Voorhees and Associates Ltd. Engineering Services [/ Payments previously approved $139,227.96 gF�SSOC. EOl Sum recommended for payment, Invoice Number 8, March 27, 1974 $ 2,669.77 6. McAllister Drive Extension Read- Voorhees and Associates Ltd. Engineering Services �A Payments previously approved $ 3,696.28 gf/%sSOC, Sum recommended for payment, Invoices Numbers 5, 8, 9 and 9 Credit $ 9,625.59 ' A 7. Marsh Creek Sewerage Scheme Murdoch - Lingley Limited e�BU/ Legal surveys in connection with land acquisition Payments previously approved $11,603.15 Sum recommended for payment, Invoice April 30, 1975 $426.25 140.28 $ 566.53 �sf�?e 8. Bayside Drive Reconstruction and Extension j�Sf, (a) Murdoch- Lingley Limited • 167 1 Engineering Services (Property Survey) Ape_ Payments previously approved $16,218.80 / /hf /e� !f� Sum recommended for payment, Certificate Number 15, to IC !+ April 30, 1975 $ 115.00 Ltd., whose bid was $2,850.00, Mr. MacDonald having withdrawn his bid due to the fact that he is entering hos- pital this week and does not know how long he will be away from work. • Councillor A. Vincent noted that if the above named bids were in response to a public tender call the bidders should have deposited cheques with their bids, and stated he would like to know if Mr. MacDonald will lose his deposit; he also stated he would like to see the deposit cheques in this regard. A check was made in this regard, and, later in the meeting, Mr. Barfoot supplied the information that the four bids that were re- ceived for the above named painting work were solicited by the Purchasing Agent and that it was not a case of tenders advertised in the newspaper; that this is the procedure we follow on small jobs - contractors are con- tacted and asked to submit bids - there is no deposit involved in this case. In reply, Councillor A. Vincent stated he thought that a policy was laid down by the previous Council that tenders be called for something costing $2,800.00, and that this policy had never been changed by this Council. Mr. Barfoot pointed out that the Council adopted a policy about a year ago on this which enabled the Purchasing Agent to call for bids on a small ' job such as this. He offered to supply a copy of that policy for Councillor A. Vincent. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the above matter be laid on the table for one week for the information that is being sought by Councillor A. Vincent. Question being taken, the motion to table was lost with Councillors A. Vincent, Green, Pye, MacGowan and Kipping voting "yea" and the Mayor and Councillors M. Vincent, Hodges, Higgins, Gould and Cave voting "nay ". Councillor Parfitt was not present in the Council Chamber at this time. Question being taken, the motion to accept the tender of Trueman Morrow Ltd. was carried with Councillors Vincent, Green and MacGowan voting "nay ". Councillor Parfitt was not present in the Council Chamber at this ime. On motion of Councillor M. Vincent . Seconded by Councillor Higgins RESOLVED that as per the recommendation of the City Manager, approval be granted for payment of the following construction progress certificates and approved invoices for engineering �,y1•,p� .F services in connection with the following projects that have been undertaken under the Department of Regional Economic Expansion:- McAllister Industrial Park External Main Proctor & Redfern Ltd. Engineering Services Payments previously approved Nil Sum recommended for payment, Invoice Number 3404, April 15, 1975 $ 6,857.27 !f pt• (•O /I.elrw 2. Western Collector Area Trunk Sewer - 16 c.f.s. Carpenters Place Lifts Station ' d T/g7S5a� W. H. Crandall & Associates Engineering Services Payments previously approved $62,554.46 Sum recommended for payment, Invoice Number 3698, April 22, 1975 $10,717.50 3• McAllister Drive Extension XL� Murdoch - Lingley Limited Surveying Costs Payments previously approved $20,769.75 Sum recommended for payment, Certificate Number 4, April 30, 1975 $ 2,869.25 VIA? C° 4. Hazen Creek Sewerage Treatment Plant •few. Godfrey Associates Ltd. /eye Engineering Services Payments previously approved $29,899.49 Sum recommended for payment, Invoice Number 5620, Estimate Number 31, April 30, 1975 $ 3,097.86 5. Water Street Reconstruction vV L�l Read- Voorhees and Associates Ltd. Engineering Services [/ Payments previously approved $139,227.96 gF�SSOC. EOl Sum recommended for payment, Invoice Number 8, March 27, 1974 $ 2,669.77 6. McAllister Drive Extension Read- Voorhees and Associates Ltd. Engineering Services �A Payments previously approved $ 3,696.28 gf/%sSOC, Sum recommended for payment, Invoices Numbers 5, 8, 9 and 9 Credit $ 9,625.59 ' A 7. Marsh Creek Sewerage Scheme Murdoch - Lingley Limited e�BU/ Legal surveys in connection with land acquisition Payments previously approved $11,603.15 Sum recommended for payment, Invoice April 30, 1975 $426.25 140.28 $ 566.53 �sf�?e 8. Bayside Drive Reconstruction and Extension j�Sf, (a) Murdoch- Lingley Limited • 167 1 Engineering Services (Property Survey) Ape_ Payments previously approved $16,218.80 / /hf /e� !f� Sum recommended for payment, Certificate Number 15, to IC !+ April 30, 1975 $ 115.00 550 Ca' //ayhan C'o n�racfihq� `i~Vlllee R/Il. 1r�eu5t. akee /I�,rinel -d rlOcpr `B r975 (b) Phase II, Bayside Drive Railway Overpass Callaghan Contracting Limited Total value of contract Total work done Retention 15% Payments previously approved Sum recommended for payment, Estimate Number 10 for March 1975 9. Lorneville Western Industrial Water Supply Electrical services for screen chamber Marine Industrial and Technical Sales Co. Ltd. Total value of contract Payments previously approved Retention Sum recommended for payment, Invoice Number 1938, April 23, 1975 On motion of Councillor MacGowan $247,404.00 • 262,624.17 39,393.63 217,774.14 $ 5,456.40 $ 9,725.00 Nil , 900.00 $ 8,825.00 • Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the City I Manager and the Commissioner of Finance, approval be granted for payment of fifteen accounts of 1975 real property taxes, in the sum of $7,561.14, as listed in the letter from the Commissioner of Finance to the City Manager, dated May 13th, 1975, on City -owned properties. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the letter from the City Manager, submitting a letter from Police Chief Eric Ferguson, reporting on the outstanding record of Detective Clarence Cogswell who completed six weeks polygraphist training in New York at The National Training Centre of Polygraph Science, be received and filed and a letter be sent to Detective Cogswell on behalf of the Mayor and Council • congratulating him on his splendid showing achieved on this course. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the City Manager, submitting for the .c L 9cc/P M ene information of Common Council a report from the Executive Director of Operations in which is detailed the ,S,PeC /�/ Gc?� /Of7S steps followed in preparing specifications for equipment, and noting that the procedure has to be very thorough, involving many feedback processes in order that the City's needs may be met and the public interest preserved, be received and filed. On motion of Councillor Gould Seconded by Councillor Green ' in/'� Pe 36y Director that the report from the City Manager and the Executive //r J Director of Oprations for the information of the Common Council, giving a progress report on the recon- µ Si e Dli^. Y'eCC0 struction of Bayside Drive and the construction of the eastern and western approaches to the Courtenay Bay 9� 4'7& S en&7Af causeway, be received and filed. �/�graac`ies /-/ Councillor Higgins asked for an oral report to Council with regard to what is causing a hold -up �j in the acquisition of properties in the Kane's Corner area, and how the Council may expedite the acquisition rya sic% �J" of such properties. Councillor A. Vincent felt that this subject should be dealt with in legal session of /'C y Council because we are talking about properties that we do not own. Councillor Higgins agreed that the COhSL�%^ �rojo matter be taken up in legal session. ae9ze isi t %ens On motion of Councillor Green Seconded by Councillor Higgins RESOLVED that as recommended by the City Manager, approval be • /eG!/CI^5 ranted of the following preliminary list of capital projects for the 1975 capital programme: - Sanitary and Combined Sewers: n Apr. 1. Lansdowne Avenue - (in conjunction with street construction) �d%et/Oc� ,- - $ 30,000 2. Lakewood Avenue - $ 88,000 So contract can be ) 3• Pauline Street 59,000 tendered and awarded ) 4. Westbrook Avenue - $ 18,000 Sub Total $195,000 ��Zr-e/^ 077a%h Water: ' Apr. 1. Lansdowne Avenue - (in conjunction with street construction) ,6.#7s.loev/ie - $ 25,000 �e7�L /X•i9[' 2. Pauline Street - $ 30,000 (so contract can be tendered) ✓ Sub Total $ 55,000 Storm Sewers: 1. Fairville Boulevard - $ 30,000 (supply of 42 -inch pipe) Faih�: //e B /mod Sub Total $ 30,000 Grand Total $250,000 ' StheeZ` L�9�lS�/ Street Construction: �r �UP 1. Lansdowne Avenue - Visart Street to Metcalf Street $ 49,000 ah 6t''J/�!PLV 2. Rockland Road - Park Street to Cranston Avenue 30,700 3. McCavour Drive - curb and landscape north side 6,200 4. Latimer Lake School - sidewalk 29,000 fvQAnQ 5• St. John Street, West - Watson Street to Market Place 33,000 SC iMo1 6. Wellesley Avenue - Cranston Avenue intersection 18,000 . —ohov Total $165,900 ,53r, �e�/ �l�C. • J Councillor M. Vincent asked if any money has been set aside in this preliminary capital pro- gramme for the finishing up of Eastmount. In reply, Mr. MacKinnon explained that the Eastmount project as a finished one as far as the estimate was concerned on the capital programme as presented to Council; here were some changes on it in design as to the location of the line and although this project was not included in the preliminary estimate it is going to be included - this work has not been started, but it 551. Gpyyg,fJ will be included in the capital programme. Councillor A. Vincent asked that Mr. MacKinnon supply to him by �/�Y1BB mail, information as to what distance of sidewalk will be provided for the Latimer Lake School for the above S %G[et/ named expenditure of $29,000.00. He recalled that several months ago, the Council made a commitment in this regard to the residents of that area. Mr. MacKinnon replied that he can supply this requested information, later. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the City Manager, submitting a proposed new r1 / G Traffic By -Law for the City of Saint John and advising that the policy changes that are incorporated in the y /%y74,1�W,r proposed new by -law are, in general, adopted by Council on May 6th, 1974, and that this by -law has been examined by the City Solicitor who has made the necessary corrections as to legality and form, and that the by -law has ' been examined also and generally approved by the Traffic and Safety Committee, and noting that the Executive Director of Operations has been responsibile for the work of preparing and finishing this massive task of revision of the said by -law and is to be commended for this accomplishment, be received and filed: AND FURTHER that the by -law entitled, "A By -Law Respecting Traffic on Streets in The City of Saint %er 1c John Made Under the Authority of the Motor Vehicle Act 1973 and Amendments Thereto ", be read a first time. _ loa b9/ Read a first time the by -law entitled, "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 Green Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "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 ", C be read a second time. !/p��"�// JJ Read a second time the by -law entitled, "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 Gould Seconded by Councillor M. Vincent / RESOLVED that the report for April of the Street Department, be received and filed. On motion of Councillor Green Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, approval be granted for �9ruiPm1� payment of the invoice dated April 30th, 1975 from Chitticks (1962) Ltd. in the amount of $2,056.00 for rental of >9 p 6Wl equipment to the Works Department during the period April 16th to 30th, 1975• On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager, submitting reports from Fire Chief Percy R. Clark and Maintenance and Supply Superintendent Robert Clark on equipment (a pumper ladder truck) recently designed by Mr. Melvin Smith of the City garage which has been of substantial benefit to the operations of the Fire Department, and advising that the Executive Director of Operations recommends that Mr. Smith be granted a cash award of $200.00 in recognition of his work in this regard, and recommending that in accordance with Article 23 of the Working Agreement with the Saint John Civic Employees' Union, Local 18, Mr. /� Smith be commended for his innovations and granted a cash award of $200.00, be received and filed and the recom- ,5,01�17 mendation adopted. C-2-4/ .ZGW.R On motion of Councillor Cave Seconded by Councillor Higgins • dj�B RESOLVED that the report on tenders received for supplying three only ..?Cep ed 32,000 G.V.W. dump trucks be received and filed and as recommended therein, the only bid meeting the City's Ocr specification, namely, the bid of Bayview International Trucks Ltd. in the amount of $55,126.44 for supplying the said dump trucks, be accepted. Reww i ?Y On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that the letter from the City Manager, advising that bids have en received from two sources for supplying commercial lawn mowers for the Recreation and Parks Department, and questing that Council confirmation be granted of a decision in approving the purchase of ten lawn mowers from lifax Seed Co., at a cost of $387.00 each, plus 8% Sales Tax, the City Manager having approved the purchase of ese machines from the said company, which was the low bidder, because this equipment was needed immediately in ass mowing operations, be received and filed and the request acceded to. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the two roadways as wn on the submitted plans of the Morna area, be designated, respectively, "Penny Roadway" and "Atkins Roadway ", se being private roadways. On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that the letter from the City Manager, advising that as the result of much work and long discussions on the need for upgrading fire fighters' training in the Province, and because of Council's full support for the concept, and through the energy and dedication of Fire Chief Clark and / others, the Provincial School for Fire Fighters in Saint John is on the point of commencement with the decision •.SCpBO/ of the New Brunswick Community College to make a total of $73,648.00 available to operate the School for the /t1B, first year (as detailed in the letter from Mr. I. T. Goodine of the New Brunswick Community College, dated May G�O/nMtCN/ 5th, 1975), and further advising that the said Community College will reimburse the City for expenditures on ��e�ye instructional services and for rental of accommodation to be provided at the School for out -of -town fire fighters, ✓✓ and that the administration of the School will be the responsibility of the Community College - and recommending that the proposal of the New Brunswick Community College regarding a Provincial School for Fire Fighters at Fire 552 Station Number 8 at Millidgeville, be adopted in principle, with the details of the operation of the School to be worked out as speedily as possible -- be received and filed and the recommendation adopted. On motion of Councillor MacGowan Seconded by Councillor Green ((++ RESOLVED that the letter from the City Solicitor stating that on Cl�y.JO� �l�Zo May 25th, 1971 and June 24th, 1971 the Common Council passed resolutions expropriating easements in lands CX ropey / ;v e� from F. Gordon Carvell and Harold Lord, respectively, in connection with the Spruce Lake Water Line; that o � 11 the easements were expropriated under the provisions of the Municipalities Act; that the matter of �L ,eM,O r1G/n' compensation for these easements has not been finalized - doubts were raised by the solicitor for Mr. LaPVC Carvell and Mr. Lord as to the rights of the parties under the expropriation; that as a result of dis- .�o /////****� cussions between the City's Legal Department and Mr. John P. Palmer, Q. C., solicitor for Mr. Carvell and ✓D/Jh 44 I'' Lord, an Agreement for Clarification has been prepared for each expropriation -- and recommending j• C that the an and Common Clerk be authorized to execute these agreements on behalf of the City -- be _ J received and filed and the recommendation adopted. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the letters from the City Solicitor and from Mr. �ppmE %- C�ah�. George T. Clark, Q. C., Executor of the Estate of A. Carle Smith, regarding the bequest of the late A. �7 Carle Smith of land and funds to maintain a Wild Life Sanctuary, shown on the Plan of Anderson Heights ,e--, q,�'ah /c No. 2, be laid on the table until the Planning Advisory Committee and the Commissioner of Finance submit S'm /tLj reports to Council in this matter, and that the said Committee and Commissioner be requested to submit „ !; /d/. of their reports for the next meeting of Council. sa"c2`GCdi Consideration was given to a letter from the City Solicitor regarding a motion made at the P1d vi s . Hn• ACommon Council meeting of May 12th last (and which was defeated) that re- zoning be denied at this time comm. regarding the application of Alpha Investments & Agencies Ltd. for re- zoning of land lying to the west of C0/7/I77•�j/7a%�e the rear of lots which front on Glenview Avenue between the Belgian Road and the Golden Grove Road to permit a sub - division on the basis of two - family homes on lots smaller than under the existing zoning; and regarding the motion made at the same meeting immediately thereafter, that "correspondence be rec- eived and filed and that no action be taken at the present time, which motion was adopted by Council; and regarding the advice given by him at this point that the second motion was illegal meaning the motion was improper in the circumstances -- noting that the second motion merely repeats the first motion but in a different form and, thus, in effect, the Council, in dealing with the second motion, was reconsidering �� the item -- noting that the by -law governing the regulation of the procedure for Common Council meetings (. G1,rwl/ vv0 states (Section 13 (5)) "A motion to reconsider any action taken by the Common Council may be made during the same meeting or at a recessed or adjourned session thereof, and advising that such motion must be made by one of the prevailing side... ", and that, in this particular case, the second motion was not made by a member of the prevailing side of the first motion, and that in view of the foregoing, it is his ZsvC_-7�- opinion that the item is still before Council for a decision. The letter further states that, however, /7 ,L since a motion to reconsider can only be made during the same meeting or at a a recessed or adjourned session thereof, the item must be dealt with by Council now in one of the two following ways: (1) a motion similar to the first motion made by Council at meeting of May 12th - however, if such motion is defeated, the motion to re -zone, that is, first reading to the amendment is then in order; or (2) Council can make a motion to give first reading in the first instance. Councillor Cave proposed a motion, that was not seconded, for first reading of the amendment to the Zoning By -Law to re -zone as requested by Alpha Investments & Agencies Ltd, Councillor Pye recalled that a while ago he proposed a motion pertaining to this very subject, only it was worded differently and at that time he asked that it be tabled until after the meeting with the Provincial Cabinet, which meeting has occurred, and the opportunity to present the motion has not occurred until this moment. He asked that he be given the opportunity to make his proposed motion at this time before the Council proceeds any further and becomes involved with the housing project that is endeavouring to establish in the area in question. He stated that his proposed motion reads, as follows:- "That no further construction be per- mitted in Glen Falls and the surrounding areas which are serviced by the Glen Falls sewerage system until the present flooding in Glen Falls is satisfactorily corrected. ". Mr. Rodgers advised that Councillor Pye's proposed motion, in his opinion, is not in order; the decision before the Council is based on an application from an individual applicant for re- zoning; the Council can do one of two things with that individual application, as set forth in his above mentioned letter. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that with regard to the letter dated May 5th, 1975 n from the Planning Advisory Committee, to whom had been referred for a recommendation the application of /ahn./7dv�s- Alpha Investments & Agencies Ltd. for the re- zoning of land lying to the west of the rear of lots which Cpml`J9A front on Glenview Avenue between the Belgian Road and the Golden Grove Road to permit this developer to plan a sub - division on the basis of two - family homes on lots smaller than under the existing zoning; and with regard to the information contained in the said letter that the proposed sub - division will need to meet the requirements of the City as to services, particularly as to its effect on the flooding situation A /P�av in the Marsh Creek area, before it is approved for the proposed two - family housing development, and that a sub - division plan approved for the area must precede housing there; and with regard to the recommendation h7ents% in the Committee's letter that the said property be re -zoned from "RS -2" One- and Two- Family Suburban Residential to "R -2" One- and Two- Family Residential classification to permit the proposed development which will first have to satisfy the Engineering and Works Department (presumably after consultation with the Provincial Department of Fisheries and Environment) that the development will not unduly aggravate the flooding situation in the Marsh Creek area; and with regard to the contents of the Committee's letter relating to the problem of flooding in the Great Marsh area -- the said recommendation of the Planning Advisory Committee be rejected and that re- zoning be denied at this time. Councillor M. Vincent stated that he will support the intention of the Council members to work (,7'�eh Fat /S for increased housing in the City of Saint John, but he feels that, however, there is a situation in this J particular matter where there have been some problems in the Greater Glen Falls area - City staff through the Works Department and a number of other people have been working to rectify and eliminate that problem J as much as it is possible to do; as mover of the motion at the May 12th meeting he specifically worded the motion "that the re- zoning be denied at this time" for that very reason because he thinks it would be erroneous and incorrect for the Council to prohibit any type of building in that greater area in an in- definite manner. He felt that if the City staff continue and we get further work done in the Marsh Creek area itself - hopefully, some Provincial involvement - that the day is not too far away when the people who are presently residing in Glen Falls will not be faced with the flooding situation they have been faced with in the past - that being the case, he thinks it would be wrong for the Council to further complicate a possible problem by allowing another development, right now - perhaps, in two months or so the problem will be rectified, the new developer will be building in good communications with the pre- L 0 • r • • 0 P-Mg.- sently existing people of the area; he is sure that the people who live in the area are not against the proposed development and will welcome an additional increase of housing in that area. He stated that for these reasons, he seconded the motion. Councillor Higgins stated that he would be completely in agreement with the Planning Advisory Committee's recommendation in this matter, for the re- zoning for Alpha Investments & Agencies Ltd., if the recommendation was worded "that the property be re -zoned to permit the proposed development which will first have to satisfy the Engineering and Works Department and receives full permission from the Provincial Department of Fisheries and Environment that the development will not unduly aggravate the flooding situation in the Marsh Creek area ", and noted that the Engineering and Works Department of the City is fully aware of the problems there are, certainly, the Provincial Department of Fisheries and Environment, and he stated that if our Engineering and Works Depart- ment say it is alright and, in consultation with the said Provincial Department, they are giving a builder a chance to go ahead and, also, to protect the interests of those who are concerned about the problems in the Marsh Creek area. In reply to Councillor Parfitt's query, Mr. MacKinnon advised that the Works Department has not studied any sewage systems for the area regarding the proposed re- zoning and he would not expect that the Department would do so until some approval is given to the project; the Department has looked at the project in a preliminary way as far as its own consultant is concerned - this particular development is not going to be flooded by the Marsh Creek as it is up high enough from the flood plain and there is an area of the land itself that was going to be restricted by some measures - that is, land that was down in the flood plain or close to Marsh Cree; he added that the run -off factor would not change significantly to add to the storm water - however, the problem of the Marsh Creek is still there and given a particular set of conditions, a flood could occur at any time. Councillor Parfitt advised that the letter from the Planning Advisory Committee in this matter explained it to her, to satisfy here. Councillor Kipping noted that by a perusal of the pictures that were supplied by the Glen Falls resi- dents depicting the present condition of the Marsh Creek, it is apparent that you could get flooding at any time and he felt that it is real indictment of the City that the Creek is in that kind of a condition - it is really very bad - he felt that there is no question but that if we got any kind of rain at all we will get a flood, with that kind of blockage which is caused by those who live along the Creek or who have industrial establishments along the Creek - such blockage is obvious from these pictures. Councillor Kipping felt that before re- zoning is proceeded with that the Engineering and Works Department should be satisfied, after consultation with the De- partment of Fisheries and the Environment, that the development will not unduly aggravate the flooding situation in the Marsh,Creek area; he felt that if such procedure is followed there then might be no problem about re- zoning. Councillor Higgins felt that no readings should be given at this time regarding the proposed re- zoning, and stated that the motion he would like to see proposed at this meeting is that the property be re -zoned to permit the proposed development provided such a development is approved by the Engineering and Works Department and the Provincial Department of Fisheries and the Environment - he felt that readings to the proposed by -law amendment regarding the re- zoning could be given at the appropriate time. .Councillor Kipping referred to the letter from the Planning Advisory Committee in this matter, noting that it says that residents at Glen Falls have gained the impression that the Federal Government will not assist future flood victims where municipalities allow further development. He stated that this is not the case - what the regulations have to do with is: Federal funds for flood control measures will be cut off if the municipalities permit development in flood -prone areas, or something to that effect - the residents of the area have some very conclusive information on that point. He felt that the Council is leaving itself wide open (if the re- zoning is agreed to right now by the Council and the development goes ahead) to being cut off from any Federal funds to carry out the very comprehensive measures which need to be done there - it has nothing to do with future flood victims, but with flood control measures. Expressing disagreement with Councillor Kipping, Councillor Cave stated that if the Council were to follow the recommendation of the Planning Advisory Committee as mentioned by Councillor Higgins and beford third reading if they do not approve of it, Councillor Cave felt sure that the developer would not want to go ahead. He pointed out that he understands that in the meantime, Mr. Pat Rocca is coming in with a proposal to build several hundred housing units just above the area under discussion and the sewerage is going to have to come down the same way. He stated that he does not want to do anything to injure the people in Glen Falls, but the present flooding problem can be rectified and the City is taking the right step at the present time by cleaning the Marsh Creek and putting in more culverts, approaching the Provincial Government regarding putting more outlets under the Marsh bridge, et cetera. He felt that the Council should not hold up housing at this particular time. Councillor M. Vincent asked for a progress report regarding the encompassing clean -up work that has been done of the Marsh Creek, to explain what has been done, this being in relation to the matter under dis- cussion by Council at this time. Mr. MacKinnon stated that as part of the approval given by Council in February, 1975, the clean -up of Marsh Creek was approved; a clean -up was done while the ice was in the creek at that time; following the thaw we were able to get into the river itself and we had a small scow or float built that is large enough to carry a number of people - the City staff by this means have been up and down the Marsh Creek area two and three times a week and we have cleaned out a number of obstructions. With reference to some of the pictures that have been taken of the Creek, he suggested that they should be looked at in the proper context because an area can be cleaned today and a picture can be taken tomorrow and show an obstruction, and this can happen continually - therefore, sometimes the pictures can be taken out of context and not actually show the picture as it may be there today; however, a number of the areas and the obstructions have been cleaned up and there are some yet to clean up; he has been advised by the City staff that the elevation of the stream is the lowest it has been in a long time; we have sent letters to some companies that have been dumping into Marsh Creek and copies have been sent to the Province of these letters, and if the companies have been cleaning up we have been fol- lowing that up with correspondence, as well. He stated that is basically what we have been doing with that particular crew; there is a fair amount of work to be done there, yet, and we are going to continue the work. Question being taken, the motion was carried with the Mayor and Councillors MacGowan, M. Vincent, Pye, Hodges, A. Vincent and Gould voting "yea" and Councillors Higgins, Cave, Green and Parfitt voting "nay" Councillor A. Vincent asked that the Council be informed of all the applications that are coming in egarding developments proposed for this area, stating that he, in all conscience, will have to vote regarding ther applications as he has voted regarding the above named Alpha Investments application, until we get the mess leaned up regarding the Marsh Creek problem. He asked if the City is approaching the matter by taking up with he Province the fact that the watershed of the Marsh Creek commences in Kings County and that the Province is oing to have to do something in regard to the matter of flooding of the Creek. Councillor Kipping asked if the ity is putting the whole problem together, as well, because the development now being discussed, plus the roposed Rocca development of several hundred units, is going to overtax the sewerage system. The Mayor advised ouncillor A. Vincent that the information he asked for will be obtained. Councillor M. Vincent made the point hat, in his opinion, the Council is getting behind in this case: we were going to wait until the matter went to he Provincial Government - we went to that Government - we were going to have the report - the City staff has one a lot of work. He asked if we have anything further to report to any of the principals concerned in the rea about any offers or any assistance from the Provincial Government - he noted that the City was going to do hat, and this is what is holding up the developers because these problems are not being resolved by this Council, nd, in consequence, the Council is getting a bad name. Councillor Cave noted that the matter has already gone o the Cabinet, and stated he does not know what more the Council can do, in the matter. The Mayor asked if Mr. ides has a record of all those who have made application to build in that area, so the Council can use it as a ever in its approach to the Provincial Government regarding the Marsh Creek matter, as suggested by Councillor �� zoriay 1y,ve CO'�iC ?ryd0Af /Y1df 0 P-Mg.- sently existing people of the area; he is sure that the people who live in the area are not against the proposed development and will welcome an additional increase of housing in that area. He stated that for these reasons, he seconded the motion. Councillor Higgins stated that he would be completely in agreement with the Planning Advisory Committee's recommendation in this matter, for the re- zoning for Alpha Investments & Agencies Ltd., if the recommendation was worded "that the property be re -zoned to permit the proposed development which will first have to satisfy the Engineering and Works Department and receives full permission from the Provincial Department of Fisheries and Environment that the development will not unduly aggravate the flooding situation in the Marsh Creek area ", and noted that the Engineering and Works Department of the City is fully aware of the problems there are, certainly, the Provincial Department of Fisheries and Environment, and he stated that if our Engineering and Works Depart- ment say it is alright and, in consultation with the said Provincial Department, they are giving a builder a chance to go ahead and, also, to protect the interests of those who are concerned about the problems in the Marsh Creek area. In reply to Councillor Parfitt's query, Mr. MacKinnon advised that the Works Department has not studied any sewage systems for the area regarding the proposed re- zoning and he would not expect that the Department would do so until some approval is given to the project; the Department has looked at the project in a preliminary way as far as its own consultant is concerned - this particular development is not going to be flooded by the Marsh Creek as it is up high enough from the flood plain and there is an area of the land itself that was going to be restricted by some measures - that is, land that was down in the flood plain or close to Marsh Cree; he added that the run -off factor would not change significantly to add to the storm water - however, the problem of the Marsh Creek is still there and given a particular set of conditions, a flood could occur at any time. Councillor Parfitt advised that the letter from the Planning Advisory Committee in this matter explained it to her, to satisfy here. Councillor Kipping noted that by a perusal of the pictures that were supplied by the Glen Falls resi- dents depicting the present condition of the Marsh Creek, it is apparent that you could get flooding at any time and he felt that it is real indictment of the City that the Creek is in that kind of a condition - it is really very bad - he felt that there is no question but that if we got any kind of rain at all we will get a flood, with that kind of blockage which is caused by those who live along the Creek or who have industrial establishments along the Creek - such blockage is obvious from these pictures. Councillor Kipping felt that before re- zoning is proceeded with that the Engineering and Works Department should be satisfied, after consultation with the De- partment of Fisheries and the Environment, that the development will not unduly aggravate the flooding situation in the Marsh,Creek area; he felt that if such procedure is followed there then might be no problem about re- zoning. Councillor Higgins felt that no readings should be given at this time regarding the proposed re- zoning, and stated that the motion he would like to see proposed at this meeting is that the property be re -zoned to permit the proposed development provided such a development is approved by the Engineering and Works Department and the Provincial Department of Fisheries and the Environment - he felt that readings to the proposed by -law amendment regarding the re- zoning could be given at the appropriate time. .Councillor Kipping referred to the letter from the Planning Advisory Committee in this matter, noting that it says that residents at Glen Falls have gained the impression that the Federal Government will not assist future flood victims where municipalities allow further development. He stated that this is not the case - what the regulations have to do with is: Federal funds for flood control measures will be cut off if the municipalities permit development in flood -prone areas, or something to that effect - the residents of the area have some very conclusive information on that point. He felt that the Council is leaving itself wide open (if the re- zoning is agreed to right now by the Council and the development goes ahead) to being cut off from any Federal funds to carry out the very comprehensive measures which need to be done there - it has nothing to do with future flood victims, but with flood control measures. Expressing disagreement with Councillor Kipping, Councillor Cave stated that if the Council were to follow the recommendation of the Planning Advisory Committee as mentioned by Councillor Higgins and beford third reading if they do not approve of it, Councillor Cave felt sure that the developer would not want to go ahead. He pointed out that he understands that in the meantime, Mr. Pat Rocca is coming in with a proposal to build several hundred housing units just above the area under discussion and the sewerage is going to have to come down the same way. He stated that he does not want to do anything to injure the people in Glen Falls, but the present flooding problem can be rectified and the City is taking the right step at the present time by cleaning the Marsh Creek and putting in more culverts, approaching the Provincial Government regarding putting more outlets under the Marsh bridge, et cetera. He felt that the Council should not hold up housing at this particular time. Councillor M. Vincent asked for a progress report regarding the encompassing clean -up work that has been done of the Marsh Creek, to explain what has been done, this being in relation to the matter under dis- cussion by Council at this time. Mr. MacKinnon stated that as part of the approval given by Council in February, 1975, the clean -up of Marsh Creek was approved; a clean -up was done while the ice was in the creek at that time; following the thaw we were able to get into the river itself and we had a small scow or float built that is large enough to carry a number of people - the City staff by this means have been up and down the Marsh Creek area two and three times a week and we have cleaned out a number of obstructions. With reference to some of the pictures that have been taken of the Creek, he suggested that they should be looked at in the proper context because an area can be cleaned today and a picture can be taken tomorrow and show an obstruction, and this can happen continually - therefore, sometimes the pictures can be taken out of context and not actually show the picture as it may be there today; however, a number of the areas and the obstructions have been cleaned up and there are some yet to clean up; he has been advised by the City staff that the elevation of the stream is the lowest it has been in a long time; we have sent letters to some companies that have been dumping into Marsh Creek and copies have been sent to the Province of these letters, and if the companies have been cleaning up we have been fol- lowing that up with correspondence, as well. He stated that is basically what we have been doing with that particular crew; there is a fair amount of work to be done there, yet, and we are going to continue the work. Question being taken, the motion was carried with the Mayor and Councillors MacGowan, M. Vincent, Pye, Hodges, A. Vincent and Gould voting "yea" and Councillors Higgins, Cave, Green and Parfitt voting "nay" Councillor A. Vincent asked that the Council be informed of all the applications that are coming in egarding developments proposed for this area, stating that he, in all conscience, will have to vote regarding ther applications as he has voted regarding the above named Alpha Investments application, until we get the mess leaned up regarding the Marsh Creek problem. He asked if the City is approaching the matter by taking up with he Province the fact that the watershed of the Marsh Creek commences in Kings County and that the Province is oing to have to do something in regard to the matter of flooding of the Creek. Councillor Kipping asked if the ity is putting the whole problem together, as well, because the development now being discussed, plus the roposed Rocca development of several hundred units, is going to overtax the sewerage system. The Mayor advised ouncillor A. Vincent that the information he asked for will be obtained. Councillor M. Vincent made the point hat, in his opinion, the Council is getting behind in this case: we were going to wait until the matter went to he Provincial Government - we went to that Government - we were going to have the report - the City staff has one a lot of work. He asked if we have anything further to report to any of the principals concerned in the rea about any offers or any assistance from the Provincial Government - he noted that the City was going to do hat, and this is what is holding up the developers because these problems are not being resolved by this Council, nd, in consequence, the Council is getting a bad name. Councillor Cave noted that the matter has already gone o the Cabinet, and stated he does not know what more the Council can do, in the matter. The Mayor asked if Mr. ides has a record of all those who have made application to build in that area, so the Council can use it as a ever in its approach to the Provincial Government regarding the Marsh Creek matter, as suggested by Councillor 554 On motion of Councillor Higgins A. Vincent. Mr. Zides replied that what is being talked about is residential development and there are / U/'rl rey�� "7L�/ really just the two proposed developments - Alpha Investments and the Rocca Group (whose first proposal c py�nyv p was for 277 housing units). Councillor A. Vincent stated that the point he is making is that if we really 7n' S want to obtain action from the Provincial Government regarding the Marsh Creek situation we have to go to Ce /ia� S% that Government with the developers and the residents of the area and the Common Council and tell that Government that we are united in the matter in insisting that the Government take action to rectify the /iahjioh flooding situation. Councillor Cave asked for a legal opinion as to whether at this time a motion would CO' be in order to restrict all building and construction of roads in that area - including the completion of the eastern approach - he noted there is more run -off there than any place he knows of. Noting that, specifically, building permits are involved in such a matter, Mr. Rodgers replied that such a motion is not the way to restrict building - under the present law, there are certain regulations laid down and when developers or builders or individuals meet those requirements they are entitled by law to the building permit; if the Council feels these regulations are not satisfactory and that further regulations are required, the appropriate amendments have to be proceeded with to receive three readings - therefore, a resolution itself does not restrict buildings per se, any more than what the regulations presently do. /P/ t Councillor A. Vincent withdrew from the meeting. �j h7(i6 On motion of Councillor Kipping �XCa (�a�Y OI7 Seconded by Councillor Pye _ JDS RESOLVED that the letter from the City Solicitor advising that he has (/n sight /y been informed by the Building Inspector that the property of Mrs. Joyce Warman, Tippetts Drive, Dominion �cyO�r� Park, is in an unsightly condition in that she has permitted bodies or parts of automobiles to be on the p/,er�ises property so as to cause such place to be unsightly to part of the public, and that in view of the for - TO egoing, and by virtue of the Municipalities Act and the Unsightly Premises By -Law, he is recommending that 6/ the Common Council instruct the Common Clerk to serve the appropriate notice on the owner or occupier 7 tA requiring him or her to remedy the unsightly condition within thirty days of service of the notice, be received and filed and the Common Clerk be instructed to serve the appropriate notice on the owner or occupier of the said property requiring him or her to remedy the unsightly condition within thirty days of service of the notice. On motion of Councillor Higgins AND FURTHER BE IT RESOLVED that the above be carried out as soon as possible. On motion of Councillor Higgins Seconded by Councillor Hodges fic//'IG� GO/iM RESOLVED that in accordance with the recommendation of the Land /mss A / /ah Committee, the City purchase a vacant piece of land containing approximately 4,500 square feet, which is �/�/ a /,.7/re located at Spruce Lake as shown on the submitted plan, from Mr. T. Giles Allan for the sum of $550.00. ' /, _0,1p;1; jXed Councillor A. Vincent re- entered the meeting. On motion of Councillor Green Seconded by Councillor Pye RESOLVED that the letter from the Land Committee advising that the property at 34 Champlain Drive is required for the extension of McAllister Drive and that this property is ,L owned by Mr. Ronald B. Janes who has it financed through the Veterans' Land Act and The Director of the ens Veterans' Land Act appears on the property title;- -that Mr. Janes is constructing a new property but will not be able to take possession of it until September 1st, 1975; that it is the intention of the Land 7 Committee to recover a part of the purchase monies and have the building located at 34 Champlain Drive /bona /d -3• moved to another site when Mr. Janes vacates the property; and recommending that the City acquire from Mr. Ta n es Janes and The Director of the Veterans' Land Act the said property for the sum of $41,150.00, with Mr. Janes to give the City possession of this property no later than September 1st, 1975 and to keep the property in good condition until that date, and with Mr. Janes during this period not to make any payment to the City of Saint John in the way of rent -- be received and filed and the recommendation adopted. On motion of Councillor Green Seconded by Councillor Cave 67141, ��MP4?t RESOLVED that the letter from the Land Committee advising that the Common Council adopted a resolution on May 5th, 1971 for the sale of the freehold interest at 122 Elliott Row to Mr. C. W. Parent, and that due to financial circumstances, Mr. Parent was unable to complete the purchase, and that on March 21st, 1975, Mr. Parent informed the Committee he was now in a financial \J E • I� Seconded by Councillor M. Vincent / U/'rl rey�� "7L�/ RESOLVED that the letter from the City Solicitor, in explanation c py�nyv p of the matter of legal costs in connection with the expropriation of property on High Street and Acadia 7n' S Street belonging to Celia and Thomas Shannon, the account from Clark, Drummie & Company in this regard Ce /ia� S% having been laid on the table on May 12th last for information regarding what figure the owners of this property would have settled for after the City served final expropriation notice, be received and filed /iahjioh and as requested by the Redevelopment Officer, the Council approve payment of the account received from CO' Clark, Drummie & Company in the amount of $5,085.85 for professional services rendered in connection with the expropriation of 61 High Street and 45 Acadia Street (this biling includes.the period of May 25th, 1974 and February 12th, 1975 and includes the attending of lengthy discoveries, trial of action and subsequent settlement), the approval of the Partnership for payment of this account having been acknow- ledged, and that this account be charged against the project and shared in the usual way. On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the letter from the City Solicitor, stating that he /P/ t has been informed by the Building Inspector that the Thomas gravel pit on Grandview Avenue is being �j h7(i6 operated and that excavation is taking place without a permit being issued for such excavation and that to �XCa (�a�Y OI7 enable proceedings to be instituted immediately against Thomas Construction Ltd. under Section 94 of the _ JDS Community Planning Act, a resolution of Council is necessary, and is recommended, as set forth in his h letter, be received and filed: �cyO�r� AND FURTHER BE IT RESOLVED that the City of Saint John, through the City Solicitor and Council T .4/7 s instructed by him make application to a Judge of the Supreme Court for Order under clauses (a) and (c) of oN7.7 subsection (2) of section 94 of the Community Planning Act requiring Thomas Construction Ltd. and Rayburn 6/ Thomas to cease excavating land near Grandview Avenue in the City of Saint John and requiring them to order' restore the excavation site to its original condition before illegal excavations commenced, or such other Order as that Honourable Court shall deem just, and for costs of the proceedings: AND FURTHER BE IT RESOLVED that the above be carried out as soon as possible. On motion of Councillor Higgins Seconded by Councillor Hodges fic//'IG� GO/iM RESOLVED that in accordance with the recommendation of the Land /mss A / /ah Committee, the City purchase a vacant piece of land containing approximately 4,500 square feet, which is �/�/ a /,.7/re located at Spruce Lake as shown on the submitted plan, from Mr. T. Giles Allan for the sum of $550.00. ' /, _0,1p;1; jXed Councillor A. Vincent re- entered the meeting. On motion of Councillor Green Seconded by Councillor Pye RESOLVED that the letter from the Land Committee advising that the property at 34 Champlain Drive is required for the extension of McAllister Drive and that this property is ,L owned by Mr. Ronald B. Janes who has it financed through the Veterans' Land Act and The Director of the ens Veterans' Land Act appears on the property title;- -that Mr. Janes is constructing a new property but will not be able to take possession of it until September 1st, 1975; that it is the intention of the Land 7 Committee to recover a part of the purchase monies and have the building located at 34 Champlain Drive /bona /d -3• moved to another site when Mr. Janes vacates the property; and recommending that the City acquire from Mr. Ta n es Janes and The Director of the Veterans' Land Act the said property for the sum of $41,150.00, with Mr. Janes to give the City possession of this property no later than September 1st, 1975 and to keep the property in good condition until that date, and with Mr. Janes during this period not to make any payment to the City of Saint John in the way of rent -- be received and filed and the recommendation adopted. On motion of Councillor Green Seconded by Councillor Cave 67141, ��MP4?t RESOLVED that the letter from the Land Committee advising that the Common Council adopted a resolution on May 5th, 1971 for the sale of the freehold interest at 122 Elliott Row to Mr. C. W. Parent, and that due to financial circumstances, Mr. Parent was unable to complete the purchase, and that on March 21st, 1975, Mr. Parent informed the Committee he was now in a financial \J E • I� r 555 L d/2 WW. ����� p osition to purchase this freehold interest and asked that the appriasal of 1971 of $750.00 still stand -- and recommending that the freehold interest of Lot 349, Prince Ward (122 Elliott Row) be offered to Mr. Parent for • j���rj/s� the sum of $750.00 and that the deed be prepared in the names of Cole William Parent and Floyd Judson Parent, as o/dl��tGd1 tenants in common, be received and filed and the recommendations adopted. On motion of Councillor MacGowan !i�—.ZOI7I n On motion of Councillor A. Vincent Seconded by Councillor Pye regarding RESOLVED that both sides be heard re g g the proposed re- zoning. Mr. Hugh E. Fitzpatrick of 30 Alvic Place was present on behalf of the petitioners who object to the �7 +`� • proposed rezoning and advised that they are aware that the developer has made some changes in its proposal but / j�iY the petitioners have not been informed of them nor have they seen the recommendations that are presently being peyC/ e/ bM made by the Planning Advisory Committee in the matter. At this time, Mr. Fitzpatrick was provided with a copy of h5 t the above named Planning Advisory Committee letter, which he thereupon perused. Mr. Fitzpatrick noted that this letter does not mention two of the objections made by the residents of the Monte Cristo Sub - division, namely:- • they are against "spot" re- zoning, in principle; the p point that the parking in the proposed development is against the City by -law because 53 parking areas are proposed for 53 housing units - he believes that the re- quirement is one and one - quarter parking spaces per unit. Mr. Fitzgerald stated that these residents would like answers to the following questions regarding the things that Mr. Galbraith proposes to do:- (1) where would Mr. Galbraith have his sewage removed to; (2) has the City planned any work on the Gault Road; (3) how do you make the back of a house look like the front of a house when you have garbage, clotheslines, et cetera, out there; (4) Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Housing Commission informing the Council that the value of a full -time Housing Co- Ordinator has been proved to the satisfaction of the Commission by the three months contract for services of Mrs. Barbara Shaw and that the Commission is satisfied that it is unable to carry out its terms of reference without the services of a full -time Co- Ordinator, and that the Commission reports it proposes to seek an interim co- ordinator until such time as the Common Council has formulated plans and has allocated funds for a permanent co- ordinator, and that the Commission requests the approval of Council for such action, be received and filed and the request complied with. Mr. Barfoot pointed out that the above subject was already covered earlier in this meeting in the report of the Reorganization Committee and that this position be a member of the Housing and Urban Renewal Depart - Ur70 ment and be a member of City staff rather than the Housing Commission staff; it was intended that this person on I^�� City staff be available to serve the needs of the Housing Commission, to assist that Commission in its work; the �QIl�LG(�7 report that was so adopted at this Council meeting had this particular appointee as a member of City staff rather 1/ than Housing Commission staff. Councillor MacGowan asked if this person is presently on City staff and is available immediately. Mr. Barfoot replied in the negative. Councillor MacGowan pointed out that the Housing Co- Ordinator spoken of in the above letter from the Housing Commission was an interim one and the Commission had hoped the position would be filled so it could get on with the job while things are getting under way in the other Departments. Mr. Barfoot replied that when the Council approved the said report earlier in the meeting he took it that it was the authority for the proper advertising to take place for that vacancy to be filled; we have already budgeted some funds for this position. Councillor MacGowan stated that she still questions whether we need it or not because about five years ago the Council approved the hiring of a Housing Co- Ordinator and we still do not have one, so she does not think we are going to have this position filled overnight, not with a permanent position; she feels there is a need for an interim position and for someone to do this work, and it was proven when we had Mrs. Shaw doing such work; she felt that if there is no -one available to be Housing Co- ordin- ator, it is urgent that we get someone now - not six months from now. Councillor A. Vincent referred to the fact that the Housing Commission is having difficulty in accomplishing effective action, and he felt that the Com- mission members are just wasting their time unless they are given somebody to work with in the way of staff. Councillor Kipping made the point that if the Commission is asking the Council to approve the Commission having an interim co- ordinator until such time as the Council has formulated plans and allocated funds for a permanent co- ordinator, and if the Council is going to approve such expenditure (on a temporary basis, which is the Com- mission's request) it has to have an estimate of such expenditure to know what it is approving. Councillor A. Vincent suggested that the Council table this matter and have a meeting with the Housing Commission to find out, one way or the other, where the Commission is going. Councillor Higgins felt that the confusion is coming about due to the fact that the Council at this meeting approved the set -up with the Housing Officer, and what have you, and he suggested that maybe Councillor Davis who drafted the Organization Report, and maybe the City Manager should meet with the Housing Commission and see whether there is a duplication of services or if there is a definite role for each body. ' On motion of Councillor A. Vincent Seconded by Councillor Higgins C'Orrim RESOLVED that the above matter be laid on the table. Question being taken, the motion to table was carried with Councillor MacGowan voting "nay ". 1L�p. Consideration was given to a letter from the Planning Advisory Committee, dated May 22nd, 1975, re- garding the proposed re- zoning for Galbraith Construction Ltd. of land on the east side of the Gault Road, advising that the Committee has met with residents of the area and representatives of the company, and listing the concerns expressed by the residents concerning the proposed 53 -unit townhousing development on this location, and making the following observations regarding the concerns of the said residents:- the developer has subseq- uently revised its plans and consulted further with the Works and Planning Departments, and the results relative to the points raised by the residents are respectively - (1) Galbraith Construction has agreed to provide a • separate system which would handle the sewage in its own development and possibly complement adjoining areas; (2) the question of improving Gault Road and constructing a sidewalk along it should be considered for Capital Budget; (3) the rows facing Gault Road will have their backs facing into the development - the Committee feels that the rear of these two buildings should be modified to look as closely as possible like their fronts; (4) fencing is to be provided in the parking area just off Gault Road, screening existing houses - also, the maximum number of trees are to be left in the area adjoining Alvic Place. The letter states that the Committee recom- mends that the area so indicated on the submitted re- zoning sketch be re -zoned from "RF" Rural to "RM -1" up to Three - Storey Multiple Residential to permit the proposed 53 -unit townhouse development subject to the following: the re- zoning is to be pursuant to a resolution and agreement under Section 39 of the Community Planning Act to be filed in the Registry Office so as to tie the proposed development to (a) the layout shown on the print ' attached to the re- zoning sketch; and (b) the four above proposals or techniques to meet the concerns of area residents. Councillor Cave proposed a motion, which was seconded by Councillor M. Vincent, that the above recom- mendation of the Planning Advisory Committee be adopted to re -zone the said property to "RM -1" classification for the proposed development, subject to the two conditions above outlined, be adopted, and that first reading be given to the Zoning By -Law to so amend the By -Law for the said rezoning. No question was put to this proposed !i�—.ZOI7I n On motion of Councillor A. Vincent Seconded by Councillor Pye regarding RESOLVED that both sides be heard re g g the proposed re- zoning. Mr. Hugh E. Fitzpatrick of 30 Alvic Place was present on behalf of the petitioners who object to the �7 +`� • proposed rezoning and advised that they are aware that the developer has made some changes in its proposal but / j�iY the petitioners have not been informed of them nor have they seen the recommendations that are presently being peyC/ e/ bM made by the Planning Advisory Committee in the matter. At this time, Mr. Fitzpatrick was provided with a copy of h5 t the above named Planning Advisory Committee letter, which he thereupon perused. Mr. Fitzpatrick noted that this letter does not mention two of the objections made by the residents of the Monte Cristo Sub - division, namely:- • they are against "spot" re- zoning, in principle; the p point that the parking in the proposed development is against the City by -law because 53 parking areas are proposed for 53 housing units - he believes that the re- quirement is one and one - quarter parking spaces per unit. Mr. Fitzgerald stated that these residents would like answers to the following questions regarding the things that Mr. Galbraith proposes to do:- (1) where would Mr. Galbraith have his sewage removed to; (2) has the City planned any work on the Gault Road; (3) how do you make the back of a house look like the front of a house when you have garbage, clotheslines, et cetera, out there; (4) 556 when they were talking with the developer, they were talking about a fence along the whole area and not just at the parking area; (5) he noted that the Planning Advisory Committee recommends a zoning change to "RM -1" for up to three - storey multiple residential and asked if it means that the developer could build three - storey buildings in there after the proposed re- zoning was passed. He stated that these residents are against townhousing in a single- dwelling area, and that is why they are opposed to the proposed re- zoning. In reply, Mr. Zides advised that the term "spot" zoning is greatly misunderstood by the public; it means coming into the middle of an area, basically, and giving somebody a kind of special zoning that is inconsistent with the rest of the area and creates a special privilege for one person and perhaps special difficulty or hardship for the other- people; it is not at all unusual for us to re -zone an area adjoining a one - family area that is not re -zoned for anything, for apartments - in fact, in most of our developments that we are getting today we are getting a compatible mixture - an area for apartments, and an area next door to it, or back -to -back to it, for some other kind of housing - this is what you have been looking at for some years and this is what you are going to get - his reason for that is the ec- onomics and the fact that you get a social mix and people seem to want to live that way, so that as long as you do not live in a one - family house and do not look across the street to something different - down the street you might have your apartment areas - it is a question of being able to limit the community to the various types of people who would reside in it from the time they are young to the time they die who, if they feel like living in that particular area, would have the chance to go into apartments, or into housing of their own, and so on; therefore, the Committee does not consider that the proposed re- zoning is necessarily "spot" re- zoning at all - it thinks it is the kind of development we are getting, and have gotten for years, all through this city, in some of the best residential areas we have in the city - and we are going to be getting more of it. He stated that as far as the parking is concerned, there certainly are one and one - quarter parking spaces being planned for each apartment in this lay -out for the Galbraith project. With regard to the question of where garbage would be located in the proposed development, he felt that it would appear that the simple place for it to be left for collection would be in the inner court area of the project. With regard to the question of whether three - storey buildings could be built after the proposed re- zoning was enacted, Mr. Zides pointed out that the Committee recommends that the re- zoning be pursuant to Section 39 of the Community Planning Act so as to tie the proposed development to the layout shown on the print attached to the re- zoning sketch, and the four proposals or techniques to meet the concerns of the area residents - and stated he believes that it is intended that these are intended to be townhouses which are modular and of two - storey height. He stated that the drawing of the proposed project shows 67 parking spaces. At this time, Mr. Fitzpatrick noted that the advertising for re- zoning of this particular area described the present zoning as "RS -2" whereas the Planning Advisory Committee's letter of May 22nd, 1975 describes the present zoning as "RF" rural. With regard to the question put by Mr. Fitzpatrick concerning sewerage for the proposed devel- opment, Mr. MacKinnon advised that as he understands it, the original proposal was to use the same septic tank that was handling the sewage from the Monte Cristo Sub - division - however, this was not satisfactory and the sewerage proposal now is a Smith and Loveless treatment facility which will be on -site - not necessarily on the site the company has, showing the townhouses, but more than likely it will be off that site and on adjoining land that the company owns, on the other side of the pipeline; this is a treatment scheme that will handle all the effluent from that particular development - however, the company has not finalized its plans on it and the run -off from that treatment facility will have to get approval from the Department of Health. With reference to the point raised by Mr. Fitzpatrick concerning the advertisement of the property in question as being "RS -2 ", Mr. Zides advised that the advertisement is correct in its reference that the proposed re- zoning is "RM -1" but the reference to "RS -2" is incorrect as the existing zoning is "RF" Rural; therefore, it was advertised incorrectly. Mr. Rodgers advised that, in such case, the ad- vertising has to be done over again. On motion of Councillor MacGowan • u ne �RVeitii .7 - Seconded by Councillor M. Vincent �.,9 RESOLVED that the area of land in question be re- advertised, Re—Z0h in for re- zoning such land from "RF" Rural to "RM -1" up to three - storey multiple residential district clas- /1_ / /�; t� / sification, and, in the meantime, the two groups get together and see if they can get the answer to all • (3� a the problems regarding this proposed housing project. CohSt/'uCt, �i It was noted that the motion proposed by Councillor Cave for first reading of the proposed Ire-zoning was now not in order, in view of the necessity of re- advertising the re- zoning. Councillor Green noted that some of the objections made by the residents of the area to the re- zoning are very legitimate, particularly in reference to the back of some of the houses facing their homes, and he asked Mr. Galbraith, who was present, if he would consider putting a buffer of trees and building the building far enough back to permit the trees to be placed there to provide a buffer. Mr. Galbraith made reply to the effect that the houses would be now placed in a satisfactory manner. Cozen- ' cillor Kipping noted that the fact that the re- advertising would mean that the matter would not be before Council again until four weeks from this date, raises the question of how that time factor may affect the A.H.O.P. funds which he understands this developer is operating on regarding the project, or is attempting to take advantage of. Mr. Galbraith supplied information in this regard. During further discussion, Councillor MacGowan asked if the Council can have any assurance that /! the improvement of the Gault Road would be considered in Capital Budget. She also asked if, in the four (papa lz� 7_�6• weeks period before the matter would again come before Council, the parties could reach a decision that //r/pV&,e,WeN& they could go along with and be happy with, and the developer could get its funding money and the Council ' could give the three readings in four weeks =time - would that give the developer adequate time to get its funding money. In reply, Mr. Fitzpatrick stated that the residents of the area are against this re- zoning unless it is single- or two -unit housing, to begin with; he pointed out that the Council seems to be greatly concerned about the developer, but what about the people who reside there, now, and who pay taxes. Councillor Kipping noted that these are townhouses, individually owned and cared for in the same way as the other homes. Mr. Fitzpatrick made the point that this would be so if the developer can sell them - otherwise, the developer rents them. In reply to Mr. Fitzpatrick's question as to whether the area residents would have to submit a petition if the re- advertising takes place, the Mayor confirmed that they would have to do so, if the cil advertises again. • On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that the recommendations lettered "A" to "G" in the joint from the City Manager and the Executive Director of Operations, dated May 2nd, 1975, written in 557 reply to the seven recommendations contained in the letter from the Traffic and Safety Committee which were Co �• J referred to the City staff by Council resolution of February 3rd, 1975 (regarding the following subjects:- (1) Meld S eft -hand turns during • �� g traffic on Rothesay Avenue; (2) traffic island on Prince Street and Lancaster O�ny Avenue; (3) prohibition of parking on the north side of City Road during certain hours; (4) proposed truck route from the viaduct via Dock Street, et cetera; (5) closure of the Bank of Montreal parking lot exit at Haymarket Square; (6) prohibition of the left turn from King Street onto Canterbury Street; (7) permitting of left turns %Q02 from Germain Street heading north on to King Street) -- and advising that these recommendations in the said May i ~#- �. 2nd letter also have the concurrence of the Chief of Police -- be adopted: AND FURTHER that the progress report submitted by the Traffic and Safety Committee regarding the seven recommendations made by the Committee to Common Council on February 3rd, 1975, as above noted, advising that this progress report has the concurrence of the Executive Director of Operations, the Chief of Police and the Chairman of the said Committee, be received and filed and the recommendations contained therein adopted. Councillor Hodges, noting that the left -hand turn into Canterbury Street from King Street is still eing permitted in the above recommendations, commented that the traffic flow on King Street, particularly in inter, is held up by vehicles attempting to enter Canterbury Street. On motion of Councillor M. Vincent ai1f.0 Seconded by Councillor Higgins (� RESOLVED that in accordance with the recommendation of the Planning Advisory Committee, the permit to Mr. Andrew Keating to maintain, for another year, a mobile home on South Bay Road for the use of his parents, on compassionate grounds, be renewed, the conditions under which the original permit was granted having remained the same. M� On motion of Councillor M. Vincent """'" ",- "- Seconded by Councillor Cave g49,0/ve; d! RESOLVED that the letter from the Planning Advisory Committee with regard to kC e-a ✓ the submission by Manford M. Thompson Construction Company, Limited to the New Brunswick Housing Corporation of a plan for a town house development on Lot 59, in Block B of the Sand Cove Road Land Assembly, advising that when J ,/J this area was re -zoned for the Corporation on July 15th, 1974 the Corporation agreed to restrict the number of m�7a . families on this block and to limit the height of any buildings to not more than two storeys, and further advising 'Om, n$ ®pr Cthat the Company wishes to obtain a building permit even before the necessary sub - division is carried ou`t (this odistpu�- sub - division will involve little or no City participation, since the development is based on a private roadway t �y� which is to be constructed, serviced and maintained by the Company or its successors for the proposed 32 home ''�// owners); and further advising that the Planning Department and the Committee have checked the plan and find it ry6Lf5lo7 acceptable within the terms of the agreement and otherwise, and that insofar as the building permit is concerned, �yV�O they can understand why the Company might wish to construct the foundation before the sub - division since each town house building would after its construction have to be sub - divided for sale to different prospective buyers •_ L under a form of condominium, and that while other contracts have developed townhousing in a more routine manner, ��/l�G g g g buildings, proposed sitings, et cetera, are in order there is nothing much wrong with this as long as the buildin s their /1/A //I q, and the foundation construction is to be followed by a sub - division plan showing these, roadways, parking areas, Co.—p- 1 common or open spaces, et cetera; and advising that the Committee recommends that: (1) the Common Council concur ' ZLOFAg007G that the proposed development is in keeping with the agreement between it and the New Brunswick Housing cor- poration; (2) the matter of the building permit for the foundation only at this stage be referred to the ap- PeO/ propriate City staff for expeditious action -- be received and filed and the recommendations adopted. On motion of Councillor Cave Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the Planning F1 S5 Bo7� t0 Advisory Committee, the Common Council assent to the submitted sub - division plan for Phase VII of the Silver Falls Park Sub - division showing a 650 -foot extension to Bonita Avenue, a 410 -foot extension to Michael Crescent and a 5.21 -acre parcel of land for vesting in the City of Saint John as "land for public purposes ", and that no �l�aY�d�Se further extensions of the sub - division be approved until the following conditions are complied with: (1) that Mark Drive be extended to the Loch Lomond Road by development to City standards and vesting in the City as a V public street; (2) that, in addition to Bonita Avenue and Michael Crescent, a third street be developed to ���� —� intersect Mark Drive to reduce traffic through the existing low density residential development and provide NI, needed access to the apartment development. e. CFO, MO.,/ 3, lfz� pl3$, _gewk7.7) /D'SG'Sh On motion of Councillor Higgins Seconded by Councillor M. Vincent B �� RESOLVED that as recommended by the Planning Advisory Committee the ao�7//�!8! Common Council accept in lieu of land for public purposes the sum of $320.00 with respect to the James Lowe Sub - �/ �Gf OT division, this being eight per cent of the market value of Lot 75 -1, estimated at $4,000.00 (in this instance, a /j8 ,R&C 25 25,000 square foot lot (75 -1) is being severed from the James Lowe property leaving the remainder of the property A? „aL of 66 feet for future access purposes - the lot is located on the south side of Loch Lomond Road, east of Cra- , eS^I,OR/ wford Road and just west of the Airport runway). On motion of Councillor MacGowan Seconded by Councillor Higgins RESOLVED that the letter from Manford M. Thompson Construction Company, Limited, advising that a plan submitted by the Company for a town house development on Lot 59 in multiple Block B of the Sand Cove Road Land Assembly to the New Brunswick Housing Corporation, has been accepted; that tentative T m, S0 At approval has been received by the Company from Central Mortgage and Housing Corporation through the Assisted Home Op/ %p nership Plan by which families with a limited income may purchase a home; that it is understood that this sub- &eT. .ivision plan must also be approved by the Common Council; that the Company would like to receive a building Apasle AV, permit for these buildings with a tentative plan - a final plan to be submitted when the foundations are com- L� ed-- -c- pleted - be received and filed, this matter having been dealt with earlier in this meeting. p�p? �v� Councillor Pye stated that in view of recent complaints of the citizens who frequent King Square and the Old Burying Ground to the effect that individuals still persist in riding a bicycle through the now pro- hibited sectors and periodically engage in booting a football about the said areas, thereby damaging flower beds and endangering the well being of those who choose to relax and enjoy the scenic beauty of the said areas, he would propose the following motion. • On motion of Councillor Pye ���jGGGJJJ �q, Seconded by Councillor A. Vincent RESOLVED that the Chief of Police be advised to instruct the police 34 ?'° /.? constable assigned to patrol the Charlotte Street beat to provide frequent police coverage throughout the areas of King Square and the Old Burying Ground with a view to enforcing the Bicycle By -Law and a law solely in re- Cp,®u�.d lation to the King Square, the said law, which was instituted in 1908, reading as follows:- "any person other than a civic employee in performance of some duty thereon, who shall walk or be in on or upon any CTM4Ch GC portion of the King Square, on the eastern side of the harbour, except the walks there laid out, or tamper with any of the flower beds or plants, or who shall injure or deface any of the trees in the said Square, /� or any of the benches placed thereon, shall be liable to a penalty of four dollars for each and every g—1e7 offence" - the period of police coverage pertaining to the aforementioned to be performed during the hours �O /, Ce _PB /6 1 of 8.00 a.m. and 12.00 p.m. and extending annually from June lst to October 31st, commencing June lst, �1975• en�ree�erit C1J1P,g1-/ 4byy /O 5'6- In reply to Councillor Cave's question as to whether he has discussed the above matter with the legal advisor and with the Chief of Police, Councillor Pye stated that he has discussed it with the legal advisor and was informed by him that this by -law of 1908 is very valid, to the point where it is illegal for any person other than a civic employee in the performance of his duties stepping off the walkways on cxi yr Lo� to the grass - in other words, it means that from now on persons other than those mentioned keep off the grass, under the provisions of this by -law. He added that present at the meeting was an official of the Recreation and Parks Department, Mr. T. Scribner, who will attest to the importance of introducing the said 1908 by -law because considerable damage is being occasioned, as already mentioned, to flower beds, et cetera. Mr. Scribner verified this comment. Councillor Higgins stated that he does not like to see the destruction of the flower beds and vandalism, and so on, but he felt that the matter of walking on the grass and the destruction by walking through the flower beds are two totally different things and that we should not preclude children from running on the grass in the squares; he suggested that the regulation be that walking on the grass in the squares be permitted, but not in the flower beds. Question being taken, the motion was lost with the majority of the Council members voting "nay" On motion of Councillor Higgins Question being taken, the motion was carried with Councillor MacGowan voting "nay" On motion of Councillor Kipping Seconded by Councillor Higgins RESOLVED that the letter from the Fort La Tour Authority, advising FL % ^ that it is the opinion of the Authority that the land to the westward of Chesley Drive, owned by the City, AO / /r is suitable for tourist accommodation, and the Authority fully supports the concept as brought to the _4p" attention of the committee by Mr. Donald Buck, Secretary of the Land Committee, that this land be utilized for tourist facilities and that its use be so designated, and further advising that it is the view of the ` / y Authority that the redevelopment of Fort La Tour will be of such major economic significance, as to ensure 47.40. � �nulY s'G the feasibility of a major tourist accommodation facility being located in the immediate area, and further cs�CCO/17M� /� advising that the City is requested in the event that any other form of proposal be submitted to the City, h l Cj'Omm the Fort La Tour Authority be advised to enable it to have an opportunity of studying such proposal to GC ensure it will not be out of keeping with the basic concept of the development of the area and plans of Ford �y� Tu r the Fort La Tour Authority for the redevelopment of the fort site, be received and filed. redeye /op�h On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that the letter from the Saint John Housing Commission th regard to the Andave Sub - division, be placed on the agenda of this meeting. On motion of Councillor MacGowan Seconded by Councillor M. Vincent ,/ RESOLVED that the letter from the Saint John Housing Commission YZI 5 , Comm- advising that it has been informed that the New Brunswick Housing Corporation is prepared to purchase ire ' C+P�P property commonly known as the Andave Sub - division, unserviced, put in services, and have the land avail- /Y1 able for housing in the fall of 1975, or for co- operative housing in 1976, and that as this appears to be 17 , ~/51' 79 S /2 //,C the quickest method of making this land available to meet the needs of mid income home builders, the �19h6�avE' �u0 — Commission supports the proposal subject to a proper price for the land being negotiated, be referred to the Land Committee. hand CO/hi►)i On motion of Councillor M. Vincent • L Seconded by Councillor Higgins • RESOLVED that the letter from the New Brunswick Housing Corporation advising that the land assembly programme of the Federal - Provincial partnership in Saint John East has been previously submitted and received over -all approval by the City under the "Development Scheme" category and that an exchange of lands between the said Corporation and the School Board has been agreed Seconded by Councillor M. Vincent RESOLVED that the Chief of Police be asked to do everything possible in having constables patrolling King Square to prevent vandalism in the Square. /%ands It sue '.; n � TC Councillor A. Vincent asked whether the Council can make the above motion, that circumvents part of the by -law pertaining to the said Square. In reply, Mr. Rodgers stated that the Council cannot do so, and that the motion really is asking the Chief of Police to see that more frequent patrols are carried out there; when the police do carry out more frequent patrols and they find violations, then it is going to be the discretion of the police on what charges to lay. Councillor M. Vincent felt that the above motion is a valid one, and he noted that there is a section in the Criminal Code dealing with wilful damage and that the said Square is part of the city, and that if the police find somebody in that area who is causing wilful damage, that person should be charged, which is what we have a Police Force for. Councillor Kipping stated that he feels that the above motion (which was defeated) in its present form is too re- strictive, in his opinion, and that he does not think he can support the above motion of Councillor Higgins because it is not adequate. He stated that he feels we need some amendment made to the proposal that Councillor Pye has made so that we do not prohibit somebody straggling on to the grass - perhaps a baby and somebody going after it, which he feels is a ridiculous kind of a situation. He suggested that Councillor Pye could prepare some kind of an amendment to it whereby people will not be penalized for just walking on the grass, and allow the Council to confirm a by -law which is intended to protect our public gardens. Councillor Higgins stated he feels that by drawing the attention of the Chief of Police to the / cry@ � n! gpL by -law regarding King Square that the Police will enforce this by -law with discretion. Councillor Pye added that you must have the periodic patrolling of the Square, as this is the only way to correct the situation he has spoken of. Councillor MacGowan expressed the view that this by -law needs to be rewritten ! to cover the points of enforcement the Council would wish to have carried out with regard to the King /- ��,��� �?/' A Square flower beds, et cetera; she does not think you can have a by -law enforced, using the word "dis- cretion ". She stated she would like to see the matter referred to the Legal Department for the proper wording, and she felt such amendment could be brought in to Council very quickly. Question being taken, the motion was carried with Councillor MacGowan voting "nay" On motion of Councillor Kipping Seconded by Councillor Higgins RESOLVED that the letter from the Fort La Tour Authority, advising FL % ^ that it is the opinion of the Authority that the land to the westward of Chesley Drive, owned by the City, AO / /r is suitable for tourist accommodation, and the Authority fully supports the concept as brought to the _4p" attention of the committee by Mr. Donald Buck, Secretary of the Land Committee, that this land be utilized for tourist facilities and that its use be so designated, and further advising that it is the view of the ` / y Authority that the redevelopment of Fort La Tour will be of such major economic significance, as to ensure 47.40. � �nulY s'G the feasibility of a major tourist accommodation facility being located in the immediate area, and further cs�CCO/17M� /� advising that the City is requested in the event that any other form of proposal be submitted to the City, h l Cj'Omm the Fort La Tour Authority be advised to enable it to have an opportunity of studying such proposal to GC ensure it will not be out of keeping with the basic concept of the development of the area and plans of Ford �y� Tu r the Fort La Tour Authority for the redevelopment of the fort site, be received and filed. redeye /op�h On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that the letter from the Saint John Housing Commission th regard to the Andave Sub - division, be placed on the agenda of this meeting. On motion of Councillor MacGowan Seconded by Councillor M. Vincent ,/ RESOLVED that the letter from the Saint John Housing Commission YZI 5 , Comm- advising that it has been informed that the New Brunswick Housing Corporation is prepared to purchase ire ' C+P�P property commonly known as the Andave Sub - division, unserviced, put in services, and have the land avail- /Y1 able for housing in the fall of 1975, or for co- operative housing in 1976, and that as this appears to be 17 , ~/51' 79 S /2 //,C the quickest method of making this land available to meet the needs of mid income home builders, the �19h6�avE' �u0 — Commission supports the proposal subject to a proper price for the land being negotiated, be referred to the Land Committee. hand CO/hi►)i On motion of Councillor M. Vincent • L Seconded by Councillor Higgins • RESOLVED that the letter from the New Brunswick Housing Corporation advising that the land assembly programme of the Federal - Provincial partnership in Saint John East has been previously submitted and received over -all approval by the City under the "Development Scheme" category and that an exchange of lands between the said Corporation and the School Board has been agreed F /2Y Zf- /&- dyJD. • �irr3iefd��55�i ScJoo /LsrE • 47^oe C O/ a• /0 C_rOH�• R z'#? 7>r. Cvrr�. i 559 to and a procedure arranged for transferring the designated school site - Block 20 - which Block has been designated as a joint school and community site under the Development Scheme on the sub - division plan as "Lands for Public Purposes" for the necessary credit to the Corporation, which would transfer title automatically on registration to the City, and further advising that in order to finalize the land transfer with the School Poard, it is necessary to seek assurance that this land will be turned over to them by the City when it is required for a school site, and requesting that the City give the New Brunswick Housing Corporation this com- mitment prior to finalizing the Stage I sub - division plan for Town Planning approval, be received and filed and the City give the said requested commitment prior to finalizing the Stage I sub - division plan for Town Planning On motion of Councillor Higgins sa. Seconded by Councillor M. Vincent RESOLVED that the application from Chisholm Adjustment Ltd. for the re- zoning of property situate at 186 Adelaide Street from "B -2" General Business to "I -1" Light Industrial district classification to permit this property to be converted to a private club which would offer private conference rooms, ancillary meals and a forum for meetings, conferences, et cetera, be referred to the Planning Advisory Committee for its comments, and that authority be granted to proceed with the necessary advertising regarding the said proposed re- zoning. c Councillor Cave withdrew from the meeting. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Housing Commission with reference to the 28 -acre tract of land north of Anglin Drive that is owned by the City, be placed on the agenda of this meeting. On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that the Land Committee be requested to meet with the proper authorities of the New Brunswick Housing Corporation and negotiate and conclude a price for the sale to the Corporation of City -owned land comprising 28 acres located north of Anglin Drive provided the Corporation starts 100 public housing units this year in this regard: AND FURTHER that the letter from the Saint John Housing Commission in the above matter, advising that the Commission is informed that the New Brunswick Housing Corporation is prepared to prepare plans for a housing development on all, or part of 28 acres of land owned by the City north of Anglin Drive, provided the Corporation can acquire the land at a price that wakes the housing project economically viable, and further advising that, further to Common Council resolution of April 28th, 1975, relative to this land, the Commission strongly recom- mends that the City negotiate for the transfer of this land to the said Corporation for development of public, or other housing, be received and filed. ' On motion of Councillor Hodges Seconded by Councillor Gould ��j pdj pre RESOLVED that the petition signed by citizens and tax payers of Saint John West calling attention to the condition of Ludlow Street, between Tower and Rodney Streets, and requesting that e�/�dr'fi DI'I this situation be investigated with the ultimate aim that it be corrected, be received and filed and the petitioner advised of the course of action that is being taken regarding this matter. Mr. Barfoot advised that Ludlow Street has already been included in the Maintenance Budget and the block in question will be done this summer. On motion of Councillor Hodges A41'604o P1 Seconded by Councillor Gould RESOLVED that the petition from residents of Wilson's Sub - division at •JGL/� �p'� Lorneville, requesting the consideration of Council be given to the upgrading and maintenance of the roadway ����� �� leading to their homes, be referred to the Engineering Department for a report. A py, Consideration was given to a letter from Canada Permanent Trust Company, advising that premises at 16- 18 Waterloo Street are about to be renovated for new tenant occupancy and that approval is requested for a building permit for the carpenter in this instance, and that the Company, with respect to the Deferred Widening By -Law is prepared to relieve the City-of Saint John of any financial responsibility in the event of the by -law being enforced, and further advising that it is believed that renovating costs will be in the vicinity of $1,000.00 to $2,000.00. Mr. Barfoot advised that Mr. Zides and he discussed this request when it came in and as it was a very small job of partitioning that was being requested, the work had gone ahead - he does not know whether it is finished or not, but it has started. Mr. Zides explained that the reason the work was commenced (was not that it was a small job, but because the man was being forced out on the street if he could not get his business in there by the end of the month; since the above letter was written the value of the work that was (proposed has been reduced and the Building Inspector's office believes it is somewhere between $700.00 and $800.00; this is largely a movable partition with one little bathroom in the back. In reply to Councillor (Kipping's question as to whether there is a mechanism by which the City obtains the final cost regarding these jobs, Mr. Ellis advised that this figure is on the building permit, and this information is on file with the City - that is, the estimated cost of the job - with regard to when the City obtains the final cost figure, Mr. Ellis explained that if the inspectors in the Building Inspection Department think that the estimated valuation has increased in any way they will say so, and they can revise the applicant's permit - these inspectors check with the property owner and find out what he has actually spent on the renovation work - they get the final figure, and it is more or less on the valuation permit that they submit and if there is any adjustment to it they contact the property owner and tell him the City feels there is an adjustment - however, the said Depart- ment does not ask the owner for bills regarding the said renovation cost. On motion of Councillor A. Vincent ��pp�xa�e Seconded by Councillor Hodges �`otSL�Gv� RESOLVED that the letter from Canada Permanent Trust Company, making • r, n, application for approval for a building permit to enable the renovating for new tenant occupancy of premises at �Sp / .rte 16 -18 Waterloo Street, and stating that the Company is prepared to relieve the City of Saint John of any fin- ?L ancial responsibility in the event of the Deferred Widening By -Law being enforced, be received and filed and lr%y�C /af7 permission be granted for the requested renovating work (estimated to cost between $700.00 and $800.00). Aj-Id6N 560 �tar'rnehd -� A-04", Advis- csM7+? /ioi7d Co,00»m• S06634 ,(s,d Trnarn�si9ssee, _&e. Stan�hde Aatws Code' COMM wan is /ens L E G A L On motion of Councillor M. Vincent Seconded by Councillor Green • RESOLVED that the letter from Mr. R. D. Murphy of 197 Prince Street, Saint John West, to whom the Council in November of 1973 agreed to sell a portion of the former Lancaster Street (now closed) with the City retaining a 12 -foot right -of -way of the said portion of the former Lancaster Street, advising that he wishes to build a house and that he therefore requires two additional feet of the said 12 -foot right -of -way retained by the City and is making application to purchase this required additional land from the City, or, all of the 12 -foot right -of -way held by the City at this location and that he will give adequate right -of -way to his neighbour which the City can substantiate before selling the land to him, be referred to the Planning Advisory Committee for a report and recommendation and to the Land Committee to negotiate this proposed land sale. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that the letter from the South End Tenants' Association Inc.posing the following questions with regard to the Residential Properties Minimum Standards By -Law and Residential Properties and Occupancy Code:- (1) is the By -Law now enforceable throughout the entire City of Saint John ?; (2) if so, is the Building Inspection Department responsible for the enforcement of the By -Law outside the South End Neighbourhood Improvement Programme area ?; (3) is it possible to establish a complaint referral system whereby citizens can expect to have legitimate complaints investigated and ' the appropriate action taken ?; (4) if the proposal in question number (3) is acceptable, in what manner would the Common Council suggest that the referral system be instituted, from a practical standpoint? -- be referred to the City Manager for study and a report to the South End Tenants' Association Inc. re- plying to the questions raised in the said letter. Councillor M. Vincent asked for permission to discuss a subject at this time, with regard to the old Glen Falls School. On motion of Councillor MacGowan Seconded by Councillor A. Vincent RESOLVED that Councillor M. Vincent be granted permission to add the above named item to the agenda of this meeting. Councillor M. Vincent advised that he has reports from the Building Inspector and the Deputy Fire Chief regarding the old Glen Falls School which fronts on Rothesay Avenue and which has been vacated, which advised that this building is being infiltrated by a number of children, that the windows are out of the building and the building is not secured and it neighbours on other nearby wooden occupancies. Mr. Ellis advised that the City staff has consulted with the School Board regarding this problem and the Board is supposed to be calling tenders immediately for the demolition of this building. He stated he does not believe that this building is secured; practically all of the windows are out. On motion of Councillor M. Vincent Seconded by Councillor Higgins , RESOLVED that the appropriate City staff take steps to either negotiate with the School Board to have the old Glen Falls School, which fronts on Rothesay Avenue and which is vacant and is not secured, demolished immediately, or secure it, to prevent a serious occurrence in this building. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the item which is listed on the Committee of the Whole section of the agenda of this meeting regarding sale of five City -owned lots on Kiwanis Court, be taken out of the said section of the agenda. Question being taken, the motion was lost with the majority of the Council members voting "nay ". On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that this meeting continue, in legal session. Consideration was given to the letter from the City Solicitor, dated May 9th, 1975, submitting his interpretation of the procedure for processing grievances with regard to the Working Agreement between the City and the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., and advising that the wording governing grievance procedure has not been standardized and may vary slightly ' between the various Working Agreements between the City and the four civic Unions. Considerable dis- cussion ensued. On motion of Councillor M. Vincent n , Seconded by Councillor Hodges D RESOLVED that the direction as offered by the City Solicitor in ede�re re his letter of May 23rd, 1975 concerning grievance procedure as related to the Working Agreement between B Y!¢eS the City of Saint John and the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., be followed by City staff and that the said Union be advised of the decision. Councillor MacGowan stated she would like to see the Council abide by the above noted decision /tP en by the City Solicitor in this matter and that the Council not take any action to relay the decision A% /!/P /7S5 to the Union. Councillor Kipping suggested that the Council just tell the Union that the City Solicitor has agreed with the Union's point of view, without giving the Union all the wording used in the above named letter from the City Solicitor. Question being taken, the motion was carried with Councillors MacGowan and Kipping voting On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from the City Solicitor, advising 1 r •c,�ys� Fire DI re • S'oeieE.uf u • ]rl , Comm W1447le LEGAL Tifise /e cez,*,4" /67/04. aJ� /pari GCC�7 /� that further to his submission to Council on February 26th, 1975 when he outlined the City's position from a legal standpoint with respect to the proposed operation of a mobile coronary unit by the City's Fire Department, he is bringing the matter back to Council in that his previous concern from the point of view of insurance coverage has been confirmed by Mr. John Barry, Solicitor for the City's insurance company, (whose letter of May 14th, 1975 to the City Solicitor states that while no notice has been given to his clients, Northern Assurance Co. Ltd. of the addition of a paramedical unit to the insurance policy covering Comprehensive Municipal Liability with respect to this emergency rescue unit, these insurers feel that it should be brought to the attention of the Common Council that the Comprehensive Municipal Liability Policy does not provide coverage for what appears to be the work which is being done by the Rescue Unit and it is Mr. Barry's opinion that the City could find itself facing a medical malpractice lawsuit for which it has no coverage at present, and that he has re- examined the policy in detail and it is his opinion that this particular risk was not contemplated upon the issuance of the policy nor was coverage of this type requested, and that his principals will be endorsing the policy with a specific exclusion with respect to same, and that it would also be his opinion that the City should move im- mediately to secure insurance coverage with respect to this risk, either under the current policy with a spec- ific endorsement or under a separate policy) and stating that in view of the foregoing, and having re and to the fact that under Section 77 of the Municipalities Act, the Commissioner of Finance has a statutory dut to "ensure that the Municipality is protected by insurance against risks that may involve pecuniary loss or liability on the part of the Municipality ", the City Solicitor is recommending that any portion of this operation which directly involves the general public be immediately held in abeyance, at least until property insurance coverage is acquired -- be received and filed. Mr. Barfoot advised that he understands that the insurers have already covered the City in regard to the above matter, with a policy. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the appropriate City staff attempt to obtain in writing the full backing and support of the New Brunswick Medical Society for the community mobile paramedical unit that is to be operated by the Saint John Fire Department. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that the items that are listed for the Committee of the Whole section of the agenda for this meeting be dealt with at a continuance of this meeting which will be held on the afternoon of May 27th, 1975, following the Land Committee meeting. On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that this meeting continue on the afternoon of May 27th, 1975, in Committee of the Whole. C6aon Clerk. At a Common Council, held at the City Hall, in the City of Saint John, on Tuesday, the twenty- seventh of May, A. D. 1975, at 3.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Parfitt and Pye - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, and F. A. Rodgers, City Solicitor The Council having met in Committee of the Whole prior to this meeting, the Committee arose and the assumed the chair in legal session of Common Council. Read a letter from Mr. D. W. Buckle, First Vice - President, Thistle Curling Club, to the Mayor, dated 26th last, advising that the Thistle Curling Club is experiencing difficulties in obtaining the balance of s required to ensure construction of its new facilities and that the Club has been assured that funds will be available if the City of Saint John will provide a guarantee of at least 50% of the funds required, which antee would amount to approximately $125,000. Z On motion of Councillor Gould Seconded by Councillor Davis RESOLVED that the request of Thistle Curling Club that the City of Saint guarantee at least 50% of the funds required for the erection of new facilities, which would amount to ximately $125,000.00, be denied. On motion The meeting adjourned. Common Clerk, 562 Can. iGo - z�i eS At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the ninth day of June, A. D. 1975, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Pye and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Commissioner of Engineering and Works, S. Armstrong, Chief Engineer of Operations, M. Zides, Municipal Development Officer, A. Ellis, Building Inspector, D. Buck, Deputy Commissioner of Housing and Renewal Services, N. Jackson, Deputy Chief of Police, P. Clark, Fire Chief, D. French, Director of Personnel and Training, and C. Nicolle, Director of the Recreation and Parks Department The Reverend David Gray, rector of St. James (Anglican) Church, offered a prayer which opened the meeting. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on May 26th last, be confirmed. The Mayor advised that along with Councillors MacGowan, Gould, Green and Cave, he attended the conference of the Canadian Federation of Mayors and Municipalities that was held last week in London, Ontario, and that he was favourably impressed by the cleanliness of that city and the friendliness of its citizens, but that, however, he was not convinced he had derived as much from the conference as anticipated, and he felt that the other Council members in attendance at the conference held the same opinion. He added that they had promoted the image of Saint John "The Loyalist City" through the wearing of the traditional tricorn hats during the conference, and the distribution of these hats and "Loyalist Days" badges to interested persons promoted "Loyalist Days" for Saint John. On motion of Councillor Green f�sppiaa l� Step/►eh Cans` /d zf- &C me ' _PE' 07/ r„en� A /pll�.Cr�ves %es C'a /V/ia/ Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the City approval be given for payment of the invoice from Stephen Construction Company, Limited in the of $35,290.52, dated May 31st, 1975, for supplying asphalt to the Works Department during the May 16th to 30th, 1975• On motion of Councillor Green Seconded by Councillor Cave RESOLVED that as recommended by the City Manager, authority be ed to pay the invoice from D. Hatfield, Ltd., dated May 5th, 1975, in the amount of $6,489.60, for ment rented to the Works Department during the period April 16th to 30th, 1975. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the City Manager, advising that Alpha Investments Limited, represented by Mr. Gordon Myles, is developing two acres on the north side of University Avenue to be used for four apartment buildings and that the developer has submitted plans which meet the requirements of the Works Department for the construction of services and approximately 500 feet of street (proposed Hutson Drive and a cul -de -sac), and that according to the City's sub - division policy, the City will be responsible for the following costs: (1) water materials (watermains, gate valves, fire hydrants, et cetera) $7,600.00; (2) sanitary sewer materials (pipe, manholes, et cetera) $2,700.00; (3) storm sewer materials (pipe, manholes, et cetera) $6,700.00 -- totalling $17,100 -- and recommending that the above expenditures be approved for water and sewerage materials to be charged to the 1975 Capital Budget, and that the Mayor and Common Clerk be authorized to execute the sub - division agreement in due course -- be received and filed and the recommendations adopted. Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the City Manager, approval be granted for payment of the following construction progress certificates and approved invoices for engineering services regarding projects that were undertaken under the Department of Regional Economic Expansion programme: - C.e7LGSeK/af, 1. Courtenay Bay Causeway Approaches d�p�p�tpaC�jGS (a) A. J. Callaghan & Associates Engineering Services for Eastern Approach x/,1.0/7► //�/ Payments previously approved $ 119,196.48 1Gr7 SS oC. Sum recommended for payment, Progress Estimate Number 37, dated May 6, 1975 $ 4,736.00 (b) Goodyear Paving Limited �»edyP.a7r Eastern Approach Oj /�� f� Total value of contract $ 671,856.00 .- av' "Y Total work done, Estimate Number 11 685,318.81 Retention 102,797.82 Payments previously approved 572,619.49 Sum recommended for payment, Progress Estimate Number 11, dated May 1, 1975 $ 9,901.50 On motion of Councillor Gould f�sppiaa l� Step/►eh Cans` /d zf- &C me ' _PE' 07/ r„en� A /pll�.Cr�ves %es C'a /V/ia/ Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the City approval be given for payment of the invoice from Stephen Construction Company, Limited in the of $35,290.52, dated May 31st, 1975, for supplying asphalt to the Works Department during the May 16th to 30th, 1975• On motion of Councillor Green Seconded by Councillor Cave RESOLVED that as recommended by the City Manager, authority be ed to pay the invoice from D. Hatfield, Ltd., dated May 5th, 1975, in the amount of $6,489.60, for ment rented to the Works Department during the period April 16th to 30th, 1975. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the City Manager, advising that Alpha Investments Limited, represented by Mr. Gordon Myles, is developing two acres on the north side of University Avenue to be used for four apartment buildings and that the developer has submitted plans which meet the requirements of the Works Department for the construction of services and approximately 500 feet of street (proposed Hutson Drive and a cul -de -sac), and that according to the City's sub - division policy, the City will be responsible for the following costs: (1) water materials (watermains, gate valves, fire hydrants, et cetera) $7,600.00; (2) sanitary sewer materials (pipe, manholes, et cetera) $2,700.00; (3) storm sewer materials (pipe, manholes, et cetera) $6,700.00 -- totalling $17,100 -- and recommending that the above expenditures be approved for water and sewerage materials to be charged to the 1975 Capital Budget, and that the Mayor and Common Clerk be authorized to execute the sub - division agreement in due course -- be received and filed and the recommendations adopted. r C �sar7 da4�_ %ll 1116,07¢8; yl I rNvo� asg 563 On motion of Councillor Cave Seconded by Councillor Green RESOLVED that the letter from the City Manager, stating that Highwood Company, represented by Mr. G. Lawson and Mr. L. Celeste, is developing approximately one and three - quarters acres on Woodhaven Drive to be used for 16 units of townhousing, and that the plans of the developer meet the requirements of the Works Department for the construction of services and approximately 200 feet of Woodhaven Drive, and that according to the City's sub - division policy, the City will be responsible for the following costs: (1) water materials (watermains, gate valves, fire hydrants, et cetera) $7,900.00; (2) sanitary sewer materials (pipe, manholes, et cetera) $2,500.00; (3) storm sewer materials (pipe, manholes, et cetera) $5,000.00 -- totalling $15,400.00 -_ and recommending that the above expenditures be approved for water and sewerage materials to be charged to the 1975 Capital Budget, and that the Mayor and Common Clerk be authorized to execute the sub- division agreement in due course -- be received and filed and the recommendations adopted. On motion of Councillor Pye Seconded by Councillor Cave RESOLVED that the report of the Water and Sewerage Division of the Works Department for the month of April, be received and filed. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the Financial Statements for the month of April, be ved and filed. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that as per the recommendation of the City Manager, authority be granted for payment of the following construction progress certificates and approved invoices for engineering services, in connection with projects that have been undertaken under the Department of Regional Economic Expansion programme:- 1. Milford - Randolph - Greendale Collector Sewer (a) Gaspe Construction Ltd. For installation of sewers and pump stations Original value of contract $1,463,230.25 Value of work to date 138,292.87 Retention 15,358.00 Payments previously approved 37,655.00 Sum recommended for payment, Progress Estimate Number 2, May 31, 1975 $ 85,279.16 Ca i¢w/ 0/.2 d�z� ,0�^R S It Seconded by Councillor Higgins RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate on the following named contract for a project which is included in the Capital Budget:- 1. Community Arenas Rocca Construction Ltd. Building three arenas Total value of contract $2,913.949.00 Total work done, Estimate Number 5 1,896,511.00 Retention 284,476.65 Payments previously approved 1,237,397.70 Sum recommended for payment, Progress Estimate Number 5, June 3, 1975 $ 374,636.65 On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, Mr. Murray Zides, Director of Planning, be named Acting Commissioner, Community Planning and Development, and that the position of Commissioner, Community Planning and Development, be advertised. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the City Manager submitting the following list of Recreation and Parks Department Capital Projects, advising that they involve a considerable amount of (b) Giffels Associates Ltd. (7 For Engineering Services AvsoC. Payments previously approved $ 126,374.24 Sum recommended for payment, Invoice Number 23362, Progress Estimate Number 43, May 22, 1975 $ 1,397.09 J p 2. Saint John Major Water Supply A. D. I. Limited Wo7 Engineering services and independent review intake structure of original Payments previously approved $ 6,134.81 Sum recommended for payment, Progress Estimate Number 2, April 30, 1975 $ 3,574.50 3. Carpenter Place Lift Station ! fc7 � /L A/aCe Western Collector Area Trunk Sewer • /Orl W. H. Crandall & Associates Ltd. Engineering services ��nn���'tc3LL r7. COW 0'N Payments previously approved $ 73,271.96 ,o_gSum ?;recommended for payment, Invoice Number 3721, X/i A/ C 9W?— May 15, 1975 $'^ 6,343.33 �SSOG° fit On motion of Councillor Gould Ca i¢w/ 0/.2 d�z� ,0�^R S It Seconded by Councillor Higgins RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate on the following named contract for a project which is included in the Capital Budget:- 1. Community Arenas Rocca Construction Ltd. Building three arenas Total value of contract $2,913.949.00 Total work done, Estimate Number 5 1,896,511.00 Retention 284,476.65 Payments previously approved 1,237,397.70 Sum recommended for payment, Progress Estimate Number 5, June 3, 1975 $ 374,636.65 On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, Mr. Murray Zides, Director of Planning, be named Acting Commissioner, Community Planning and Development, and that the position of Commissioner, Community Planning and Development, be advertised. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the City Manager submitting the following list of Recreation and Parks Department Capital Projects, advising that they involve a considerable amount of 564 ) f?eer. ..- - Fie /d,/ wn .17i�iha9e �ecr!atioh ge tv,, f„ou�,ds� , cc S C %n�f -die W revisions in dnWfL, le, r�'� parr s:- �'er.►►a/h i nod in9 S� f /f/ny i n% �nter6kry st 7-ravAeic ve- S.?A 4Y C'O snn l Zqee c:t-y O/aA:v ?Iir �e�t. a alllw Mee �F—_z, • �ar/e J9S�Dit�?�tmixo's 9ua /icyy Coh- �ic /,� insP�- ,0:io/y Sehvic landscaping which should be started as early as possible in order to guarantee completion this year and that these projects are recommended for approval in the preliminary Capital Budget:- Project Number 611 - orest Hills Park $70,000.00; Project Number 622 - Field Improvements Lancaster Memorial and Lakewood Heights $20,000.00; Project Number 623 - Shamrock Field Extension $25,000.00; Project Number 614 - Cham- .plain Heights Play Park $26,000.00 -- totalling $141,000.00 -- and further advising that in reference to �he item regarding Forest Hills Park, Project Number 611, the School Board has received approval of the Board's share in the amount of $120,000.00 and that this money in addition to the City's share will allow for the construction and improvements of the drainage system as well as grading and sodding of the multi- purpose sportsfield, and also advising that the School Board has a proposal for the consideration of Council with respect to a fifty -fifty cost share arrangement for outdoor recreation facilities on school grounds and park sites, and that the Recreation and Parks Department concurs in this approach in that it improves on the present school and grounds use agreement which has been quite satisfactory to date -- be received and filed and the recommendation adopted. Mr. Barfoot noted that the total of $190,000.00 to be provided by the School Board and the City, as above mentioned, will fix up the present field adjacent to the Forest Hills School and will make a proper job of it. In reply to Councillor M. Vincent's question as to why the amount to be provided by the School Board is $120,000.00 when the amount of $150,000.00 is named for this purpose in the correspondence from the said School Board listed later on the agenda of this meeting regarding the agreement relating to the development of outdoor recreational facilities which could be used jointly by the students of the schools and non - school use under the direction of the Recreation Department of the City, Mr. Barfoot advised that he did not have the full details with him at this time, but that he will provide that in- formation for Council. Councillor M. Vincent noted that the figure of $150,000.00 had been earlier announced by the Minister of Education in this regard. Councillor Cave recalled that at the Provincial Government capital projects meeting thorough discussion took place regarding the allocation of monies and when the work in question would be completed, and the City's Recreation Department was assured at that meeting by the said Government that everything would be completed along with the City work this year, regarding the first phase, and regarding this complete amount. On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that the joint letter from the City Manager and the Commissioner of Engineering and Works submitting a draft of revisions that have been made to the new Traffic By -Law since first and second readings were given to the said proposed new by -law by Common Council on May 26th, 1975 and which are recommended for incorporation in the said by -law prior to its third reading, be received and filed and approval granted to incorporate the said revisions in the draft new Traffic By -Law prior to third reading of the by -law. Councillor Hodges pointed out that the permitting of left turns by vehicles proceeding northerly on Germain Street into King Street will impede the flow of traffic coming up King Street, particularly in the rush hours, and stated he is opposed to this regulation being included in the Traffic By -Law, and that he is also opposed to the regulation which permits a left turn into Canterbury Street by vehicles pro- ceeding down King Street hill. Councillor MacGowan indicated her opposition to the permitting of left turns into King Street by vehicles which are proceeding northerly on Germain Street. Mr. M. Dykeman, Chairman of the Traffic and Safety Committee, was present and advised that at the time this left turn was proposed it was felt it was the logical thing to do because motorists coming down Germain Street had to cut right across King Street to get across and proceed up Germain Street to Union Street - the basic thought was that if the motorists were able to do this they could just as easily make the left turn and proceed down King Street hill on coming out of Germain Street; another factor that was considered at the same time was the relieving of some traffic on Union Street because of the bottle -neck that is created at the foot of Union Street where motorists have not yet learned to merge on to the viaduct - there was a longer holding area from Germain Street to the viaduct as compared to the distance from Union Street down and a lot of the motorists who go down Germain Street, across King Street and are going up Germain Street are making a left turn to Union Street - therefore, the said Committee is trying to speed up traffic by making the proposal under discussion. He added that the Chief of Police, Mr. MacKinnon and he had viewed these streets and all three concur in going along with the proposed regulation. In reply to Councillor Gould's query as to why the Committee did not suggest that motorists make a turn into Church Street and proceed to Prince William Street in order to accomplish the desired result, Mr. Dykeman noted that there would be a problem at times in using Church Street. He stated that the Committee did not think about this alternative. With regard to the left turn from King Street into Canterbury Street, he stated that the Committee felt that at the present time until the Brunswick Square development was completed there would be no change in that regulation; he added that Mr. MacKinnon felt that the traffic making this turn at the time was not sufficient to make any difference there. Councillor Cave asked if the Committee at any time had ever discussed the matter of hold -up in traffic being due to the fact cars are parking too close to the corner of Germain and King Streets and that trucks and busses cannot make the turn and hold up traffic; he asked that Mr. Dykeman and the Committee take this under consideration and have it checked out. Mr. Dykeman replied that the Committee will consider this matter at its meeting to be held on June 17th. Question being taken, the motion was carried with Councillors Hodges, MacGowan, Green, Pye and Gould voting "nay ". On motion of Councillor Green Seconded by Councillor MacGowan RESOLVED that the recommendation from the City Manager and from the Director of the Recreation and Parks Department be adopted, namely, that the City of Saint John accept the gift of wild life sanctuary land as expressed in the Will of the late A. Carle Smith. • I • On motion of Councillor Cave ' Seconded by Councillor Higgins - RESOLVED that the letter from the City Manager, advising that he concurs in the recommendation of the Commissioner of Engineering and Works that the firm of A. D. I. Limited be engaged to provide quality control and inspection service for asphalt mixes to the City for the year 1975, and that the estimated cost of between $10,000.00 and $12,000.00 of this consulting work has been budgeted for and that with a projected production of asphalt for 1975 in the vicinity,of 55,000 tons it is important that proper quality control and inspection services be employed in order that the best of materials are laid on city streets, be received and filed and the recommendation adopted. In reply to Councillor Davis' query as to what inspection the above consulting firm will be • doing, and the types of inspection, Mr. MacKinnon advised that the types of inspection that will be carried on will be similar to the inspections that have been carried on in the past - they will also I 565 include sieve analysis and samples, and will be done on a daily basis - a twice -daily basis for a while - the company will be doing gradation charts, and it has already done a design of a scheduled mix and it will be • making an analysis of the mixes as it is going along and will be doing any sort of core samplings as the City requires, and the testing of temperatures; there will be road inspection as the City may require - the company can do any sort of work necessary. He added that the inspections that are going to be made this year are not the same inspections that we have had in the past; we are conscious of the problems of the city streets and A. D. I. Limited is going to provide us with more in -depth inspection. On motion of Councillor Cave %I fP- Seconded by Councillor Green �� P � / RESOLVED that the letter from the City Manager, advising that with respect J� / to the City of Saint John's application for a stimulation grant from the Province of New Brunswick for proposed projects for the year 1975, the Province will assist in the form of annual grants based on amortization costs in %�1006� Cso6�- an amount not exceeding $100,000.00, and pointing out that the City applied for stimulation grants in an amount exceeding $9,000,000.00 for 1975, and stating his belief that the amount granted Saint John is unreasonable in terms of the amount applied for and the amount granted to others, be laid on the table until the Council dis- cusses the matter, and that the Council approach the New Brunswick Cabinet in the matter. II On motion of Councillor Higgins Seconded by Councillor Gould �i RESOLVED that the letter from the City Manager, advising that the Minister COiIC /�� /DaY of Labour of New Brunswick has agreed to the request of the Saint John City Hall Employees' Union, Local 486, Off. C.U.P.E. for the appointment of a Conciliation Board and that Mr. Edward B. Fitzgerald has consented to act as ���% the City's nominee on this Board and this nomination was forwarded to the Minister, and requesting that the L�p� S Common Council confirm the nomination of Mr. Fitzgerald as the City's nominee on the said Conciliation Board, in �t o the matter of the dispute with the said Union, be received and filed and the request complied with. zeawd 3 1 On motion of Councillor MacGowan i Seconded by Councillor Kipping • RESOLVED that the proposed new by -law entitled, "A By -Law Respecting Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act 1973 and Amend - Taf c ments Thereto ", be read in its entirety in Committee of the Whole prior to third reading. On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land on the northerly �?e .ZOh side of University Avenue lying between lands owned by Galbraith Construction Co., The Presbyterian Church and /i),'/ e- Milton R. Downey (which front on University Avenue) on the south side and the Highwood Development and William V/ 16, Dolan lands on the north side, and bounded on the west by lands owned by the City of Saint John on which a new arena is presently under construction, from "PD" Planned Development to a combination of 'RM -1" up to Three- ' ��t Storey Multiple Residential district and "R -2" One- and Two- Family Residential district, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. The Common Clerk advised that with regard to the proposed amendment to Schedule 5 -A of the Municipal velopment Plan, which was laid on the table on May 26th last, the necessary advertising took place and no jections were received to this proposed amendment. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Municipal Plan By- Law" insofar as it concerns amending Schedule 5 -A of the Municipal Development Plan so that the boundaries of • planning districts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12 are relocated as recommended in the letter from the Planning Advisory Committee dated March 21st, 1975, be read a first time. Read a first time the by -law entitled, "A Law to Amend The Municipal Plan By -Law" On motion of Councillor MacGowan Seconded by Councillor Kipping �G�i! h RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns (a) amending the said by -law to establish Coi7S(-°J"0'7T a new class of zone and regulations therefore to be known as "C" Conservation Zone; (b) re- zoning as a "C" yG% Oh ^_7oh e Conservation Zone the following described area: "Bounded on the north by the Saint John Throughway; bounded on • ,s?C - ,xob;n the south by the Bay of Fundy; bounded on the west by a line beginning 60 feet northerly on the westerly boundary of the G. Carvell property (at Manawagonish Cove and opposite the Gault Road intersection) from the shore of the Bay of Fundy; thence running diagonally across the said property to the intersection of the easterly boundary of (the property and the said Throughway; bounded on the east by a line being the intersection of the southerly prolongation of the easterly boundary of the Dorothy Pierce property and the shore of the Bay of Fundy; thence III& - . / On motion of Councillor M. Vincent / i�u7Y1 Seconded by Councillor Higgins RESOLVED that the by -law entitled, "A Law to Amend The Municipal Plan By- Law" insofar as it concerns amending Schedule 5 -A of the Municipal Development Plan so that the boundaries of planning districts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12 are relocated as recommended in the letter from the 1 Planning Advisory Committee dated March 21st, 1975, be read a second time. Read a second time the by -law entitled, "A Law to Amend The Municipal Plan By- Law ". On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the matter of the proposed amending of the Zoning By -Law 1 to establish a new class of zone and regulations therefor to be known as "C" Conservation "C" Conservation Zone a certain area of land at Saint's Rest marsh and area, which Zone, and to re -zone as was laid on the table on May 1a 26th last, be now taken from the table and considered. On motion of Councillor MacGowan Seconded by Councillor Kipping �G�i! h RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns (a) amending the said by -law to establish Coi7S(-°J"0'7T a new class of zone and regulations therefore to be known as "C" Conservation Zone; (b) re- zoning as a "C" yG% Oh ^_7oh e Conservation Zone the following described area: "Bounded on the north by the Saint John Throughway; bounded on • ,s?C - ,xob;n the south by the Bay of Fundy; bounded on the west by a line beginning 60 feet northerly on the westerly boundary of the G. Carvell property (at Manawagonish Cove and opposite the Gault Road intersection) from the shore of the Bay of Fundy; thence running diagonally across the said property to the intersection of the easterly boundary of (the property and the said Throughway; bounded on the east by a line being the intersection of the southerly prolongation of the easterly boundary of the Dorothy Pierce property and the shore of the Bay of Fundy; thence 566 ��- zohiro9 northerly along the said prolongation to Sand Cove Road; thence easterly along the said road 750 feet; 11 thence northerly 1300 feet along a line parallel to the common boundary of a property owned by J. D. Irving, and gravel pit lands owned by the Province; thence turning an angle containing 222 degrees and • running diagonally across lands of the Province to Greenwood Cemetery." -- be read a first time. TO /h �� 1���� Consideration was given to the letter from Mr. John P. Palmer, Q. C. of the firm of Palmer, // //� C— (.arWe' 0 Connell, Leger, Turnbull & Turnbull, solicitors for F. Gordon Carvell, Edith Payne and Willa P. Hoyt, being the heirs the late Edward ,4, o/+C�Oh surviving of Carvell and who now hold title to their late father's farm in 16WIM7 Tayh a the above mentioned area, advising that these clients are prepared to sell to the City for a conservation i/O zone or other uses that portion of the farm which lies to the south of the Saint John Throughway and W /`l�a f7 y which, according to a plan prepared by Hughes Surveys Limited, comprises 21.3 acres, and that these 06 G{(,vy?�w clients solicit an offer for this property from the City of Saint John. /�� C'aroell Gault Road intersection) from the shore of the Bay of Fundy; thence running diagonally across the said z,y;h�s �+ Consideration was also given to the following letters which express support g g p of a proposed CO%9SeI'i/� oh Conservation Zone for the Saint's Rest marsh area, from:- Miss Willa MacCoubrey of St. Andrews, N. B.; Miss Nettie Moore of Fredericton, N. B.; Saint John Naturalists Club; New Brunswick Federation of Nat - A* e�oa 6/* uralists; Major Samuel Holland Branch, United Empire Loyalists Association of Canada; C. L. Johnston of 29 �ODNe Coronation Avenue, Saint John; Joan Pearce of 3 Salisbury Manor, Somerset Park, Saint John; Donald McAlpine, Mrs. T. McAlpine, T. McAlpine and Roy McAlpine, of 144 Duke Street, Saint John. • �"����6 Question being taken, the motion was carried with Councillor Green voting "nay ". /� Fe/h+L-�Oh Councillor Green stated that even though it had been contemplated to g P put the above noted area f into a Conservation area, from the knowledge he had regarding what was originally for that area and what a ' certain businessman had planned for that area, he would hope that the Council would have had a chance to On motion of Councillor MacGowan view that before talking the step of going along with the recommendation on the motion. He felt that the Council, without doing so, would be taking a backward step, and that this all ties in with the request Isti9ssd�'��% SaM.fiO�i�h�y% from Mr. Carvell who was represented at the May 26th, 1975 Council meeting by Mr. John Palmer, Q. C.; this �•.Toiih whole area is tied up in the proposed re- zoning matter. Councillor Green felt that all the Council • C 5 G �h members did not have a chance to view the area and look into the background of the matter, and stated he jpaij PP.wve would have hoped that the proposed re- zoning would have continued to be laid on the table until the /Q �C%h considerable amount of background information in the matter is received by all the Council members. .P0� /1%MS.T.nIcA/ the Councillor Higgins stated he would presume that the Council would not give third reading to the proposed e thby -law amendment regarding re- zoning until it would receive a report back from the Land Committee invol- the land from Mr. Carvell, then the • ving purchase of and Council will decide as to whether it will become Roy a Conservation question and go to third reading. He stated he has no intention to just proceed to third reading next week, by any means. Councillor Green agreed with following the procedure as just suggested by Councillor Higgins. The Mayor noted that Mr. A. B. Gilbert, Q. C. (who had made a presentation in this matter at the May 26th, 1975 Council hearing in this matter, on behalf of J. D. Irving Ltd.) was present at this time, and asked if Mr. Gilbert wished to speak. Noting that Mr. Gilbert was heard at the last meeting of 1'&ZA Council with regard to the matter, Councillor Higgins expressed the view that he saw no reason why Mr. JJ Gilbert should be allowed to speak at this present meeting any more than any other person is allowed to speak - a person is allowed a public hearing, and that is it. The Mayor enquired as to whether Mr. Gilbert has anything to add over and above his presentation made to Council on May 26th, that is of interest to the Council. In reply, Mr. Gilbert stated that he has an additional presentation. On motion of Councillor Kipping ' Seconded by Councillor Green RESOLVED that Mr. A. B. Gilbert, Q. C. be heard. Question being taken, the motion was lost with the Mayor and Councillors Kipping, Green, Pye and C Davis voting "yea" and Councillors Higgins, MacGowan, Cave, Hodges, Gould and M. Vincent voting "nay ". Mr. Gilbert expressed his disappointment at not being permitted to speak. Question being taken, the motion for first reading of the above named amendment to the Zoning By -Law was carried with Councillor Green voting "nay ". Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". • On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns (a) amending the said by- �Q/� G law to establish a new class of zone and regulations therefor to be known as "C" Conservation Zone; (b) ,Z017,e re- zoning as a "C" Conservation Zone the following described area: "Bounded on the north by the Saint John Throughway; bounded on the south by the Bay of Fundy; bounded on the west by a line beginning 600 .p feet northerly on the westerly boundary of the G. Carvell property (at Manawagonish Cove and opposite the ge Gault Road intersection) from the shore of the Bay of Fundy; thence running diagonally across the said z,y;h�s �+ property to the intersection of the easterly boundary of the property and the said Throughway; bounded on the east by a line being the intersection of the southerly prolongation of the easterly boundary of the Dorothy Pierce property and the shore of the Bay of Fundy; thence northerly along the said prolongation to Sand Cove Road; thence easterly along the said road 750 feet; thence northerly 1300 feet along a line parallel to the common boundary of a property owned by J. D. Irving, and gravel pit lands owned by the Province; thence turning an angle containing 222 degrees and running diagonally across lands of the Province to Greenwood Cemetery." -- be read a second time. Question being taken, the motion was carried with Councillor Green voting "nay ". Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor MacGowan Seconded by Councillor Kipping RESOLVED that the by -law entitled, "A Law to Amend The Municipal Plan By -Law" insofar as it concerns amending Schedule 2 -A of the Municipal Development Plan so that the / following described area be shown as "Open Space" classification: "Bounded on the north by the Saint John • axle/ Throughway; bounded on the south by the Bay of Fundy; bounded on the west by a line beginning 600 feet northerly on the westerly boundary of the G. Carvell property (at Manawagonish Cove and opposite the Gault Road intersection) from the shore of the Bay of Fundy; thence running diagonally across the said property to the intersection of the easterly boundary of the property and the said Throughway; bounded on the east F_ 40 /f%diii%ei �V _ mow .TO .4l1 IV 4twoA 149%p d aosre xal d ' �'pisyis! %t A b, (si4ep �� // (Tl1 e! "g�y So/!c/-d�or • 567 by a line being the intersection of the southerly prolongation of the easterly boundary of the Dorothy Pierce property and the shore of the Bay of Fundy; thence northerly along the said prolongation to Sand Cove Road; thence easterly along the said road 750 feet; thence northerly 1300 feet along a line parallel to the common boundary of a property owned by J. D. Irving, and gravel pit lands owned by the Province; thence turning an angle containing 222 degrees and running diagonally across lands of the Province to Greenwood Cemetery." -- be read a first time. Read a first time the by -law entitled, "A Law to Amend The Municipal Plan By -Law" On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "A Law to Amend The Municipal Plan By -Law" insofar as it concerns amending Schedule 2 -A of the Municipal Development Plan so that the following described area be shown as "Open Space" classification: "Bounded on the north by the Saint John Throughway; bounded on the south by the Bay of Fundy; bounded on the west by a line beginning 600 feet northerly on the westerly boundary of the G. Carvell property (at Manawagonish Cove and opposite the Gault Road intersection) from the shore of the Bay of Fundy; thence running diagonally across the said property to the intersection of the easterly boundary of the property and the said Throughway; bounded on the east by a line being the inter- section of the southerly prolongation of the easterly boundary of the Dorothy Pierce property and the shore of the Bay of Fundy; thence northerly along the said prolongation to Sand Cove Road; thence easterly along the said road 750 feet; thence northerly 1300 feet along a line parallel to the common boundary of a property owned by J. D. Irving, and gravel pit lands owned by the Province; thence turning an angle containing 222 degrees and running diagonally across lands of the Province to Greenwood Cemetery." -- be read a second time. Read a second time the by -law entitled, "A Law to Amend The Municipal Plan By -Law" On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the above named letter from Mr. John P. Palmer, Q. C. of the firm of Palmer, O'Connell, Leger, Turnbull & Turnbull, solicitors for F. Gordon Carvell, Edith Payne and Willa P. Hoyt, being the surviving heirs of the late Edward Carvell, regarding possible sale to the City for a con- servation zone or other uses that portion of the Carvell farm which lies to the south of the Saint John Throughway and which comprises 21.3 acres, be referred to the Land Committee. The Council members confirmed that a report is to be received from the Land Committee regarding the above matter before third reading is given to the proposed Zoning By -Law amendment. On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the correspondence from the persons and organizations, referred to above, expressing support of a proposed Conservation Zone for the Saint's Rest marsh area, be received and filed and referred to the Land Committee for the Committee's advisement. Consideration was given at this time to the following correspondence: a letter from Mr. A. B. Gilbert, Q. C. of the firm of Gilbert, McGloan, Gillis & Jones, submitting a License and an Easement from the City of Saint John to Irving Oil Limited respecting the oil pipeline from the Irving Refinery to the New Brunswick Electric Power Commission plant at Coleson Cove and advising that the approval of the Mayor and Common Council is requested for these documents; a letter from the City Solicitor, stating that for the past several months the City Manager and his staff as well as the Land Committee have been negotiating with Irving Oil Limited with Wespect to the proposed oil pipeline from the said Refinery to the said plant at Coleson Cove and that the City's'involvement in this matter covers two aspects - namely, the granting of a license to the Company for the laying of the pipe under City streets, and the granting of an easement to the Company with respect to the laying of the pipe under City -owned land (that is, owned by the Corporation); that generally speaking, from a legal standpoint, the form of the license has been negotiated to what he believes is a satisfactory arrangement; that the aforesaid letter from Mr. A. B. Gilbert, requesting the approval of the Common Council for these documents, resulted in further negotiations between the City and the Company with respect to the form of the easement document and that the easement document submitted with the City Solicitor's letter meets the approval of the Company, and has been approved by the City Solicitor as to legality and form; that if the Council wishes to grant approval to the request from the said Company, the policy matter is before Council in the form of recom- mendation from the Land Committee to this meeting of Council. Councillor Cave stated that there are many questions he would like to obtain information on, such as schedule and priorities, regarding the above pipeline matter, and he proposed a motion, which was not seconded, that the matter be laid on the table for one week until the Council obtains more information. Mr. Barfoot stated that, as noted in the letter from the City Solicitor, meetings were held by the City staff with the representatives of the Irving Oil Limited on the technical aspects of the pipeline document negotiation. He noted that, as had been previously reported to Council, there are a number of outstanding matters with the Irving interests, and this is one of them which has to be resolved - this is one on which the technical work has been completed - whether this should be resolved in isolation with other outstanding matters is a question for Council to decide, he believes. Councillor M. Vincent asked why there is no covering letter from the City Manager, giving a report and recommendation regarding the pipeline natter, and why there is no letter from the City Solicitor in the matter to show his involvement in it, with a report. Mr. Rodgers replied that the letter he has submitted advises he is satisfied that the documents are satisfactory from a legal standpoint only, and that is his only involvement - ' he is not recommending, for or against, that the pipe go in a certain location, - his involvement is with respect to the document and in his opinion, the document is legally satisfactory. In his reply, Mr. Barfoot stated that the City's engineers have looked the matter over and most, if not all, the technical points are capable of being resolved, or have been resolved; from a technical aspect, the ,e7 .f "/ ,,, pipeline is aready to go; he would recommend that he prefers to have a chance of discussing with the Council the ✓ details of this pipeline application such as the various risks attached to the City and what the Fire Chief's recommendation is, and other matters such as that, so that the Council may be fully informed before it approves the pipeline application. 0 %i terse -I(- Trvls9� Oi G. oleS ®OY C'oQle L, On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the application for approval of a License and Easement for the proposed Irving Oil Limited oil pipeline from the Irving Refinery to the New Brunswick Electric Power Commission plant at Coleson Cove, be laid on the table until the Council receives a report in this matter from the City Manager. Councillor Kipping asked if the above matter will be referred to Committee of the Whole; that • _frv% 07y 01/ is, will the hearing of the information to Council from the City Manager be in Committee of the Whole. IeW. The Mayor replied that it will be open session of Council. Councillor Kipping suggested that the mover of the motion consider changing the motion, to have the hearing of the information from the City Manager in AB // %aI9 e this matter referred to Committee of the Whole. No action was taken to comply with this suggestion. Co %s ON Cove Question being taken, the motion was carried with Councillor Davis voting "nay ". On motion of Councillor Davis Councillor Davis pointed out that the recommendation £or an increase in salary to the Coundllors was made after considerable work, and the salary of a Councillor is not based on any comparison with other City workers - it is based on the fact that it is a law - making body, it can postpone readings, it can table matters - it can do all sorts of things that affect the future of this city - and because of the expenditure that the Council members make during the year it was felt that an increase of $2,500.00 was quite adequate and not too much. He stated that, therefore, he does not see why the motion for first reading of the by -law amendment should be adulterated by anything - the amendment goes through and if the Council then wants to make changes, it does so. On motion of Councillor Kipping Seconded by Councillor M. Vincent ' RESOLVED that the above matter be laid on the table until the last item in this meeting in order that the one Councillor who voted against the increase in salary for the Councillors may have an opportunity to explain fully why he voted against it, or that he may have an opportunity to have some in -put on this since he was all alone in that vote. Question being taken, the motion to table was lost with the Mayor and Councillors Kipping, M. Vincent, MacGowan and Davis voting "yea" and Councillors Hodges, Higgins, Pye, Green, C,,Fve and Gould voting "nay ". Councillor MacGowan withdrew from the meeting at this time. Question being taken, the motion regarding first reading of the above named by -law amendment was carried. Read a first time the by -law entitled, "A By -Law to Amend a By -Law to Provide for Salaries to • the Members of the Common Council of The City of Saint John ". On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the by -law entitled, "A By -Law to Amend A By -Law to G' // � /ate Provide for Salaries to the Members of the Common Council of The City of Saint John ", be read a second time. -maw Read a second time the by -law entitled, "A By -Law to Amend A By -Law to Provide for Salaries to 1 the Members of the Common Council of The City of Saint John ". _ .1.54hd 6an1m• Oil P /Pe/ %rye easement Z-rvi n9 Oi /•fir C. y /ylyr. aSZ1i�Xa&Me/i �hE �iyia / /°t Toycr� zi iX_/e 7/1'cf /es .7Jpi ve .gecuers Ake e;nd.¢d 6y cCa. 028»2• Soak 73 Councillor MacGowan re- entered the meeting. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the letter from the Land Committee with regard to the request made by Irving Oil Company for an easement for the Company's projected oil pipeline over lands owned by the City of Saint John in the Fairville Boulevard area, be laid on the table along with the Company's application for approval of a License and Easement from the City regarding this proposed oil pipeline and the letter from the City Solicitor regarding the said application License and Easement, until the Council receives the anticipated information from the City Manager. On motion of Councillor Higgins Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Land Committee, the City of Saint John purchase from Elizabeth Jane Small and Joyce E. Little, joint owners of • property located at 7 Myles Drive, a 20 -foot easement involving 240 square feet of land area, for the sum of $100.00, this easement being required to facilitate an existing storm sewer line and a proposed sanitary sewer line as shown on the submitted map. Seconded by Councillor Cave . RESOLVED that the letter from the City Solicitor, submitting an c C,49, ,SO / /C/ amendment to the by -law to provide for salary increases for Councillors based on the recommendation // adopted by Common Council at its May 26th, 1975 meeting, and advising that the effective date of the new COUIfC / /iE�/y salaries has been omitted at this stage awaiting the date of third reading of the amendment, be received J and filed: AND FURTHER that the by -law entitled, "A By -Law to Amend A By -Law to Provide for Salaries to the Members of the Common Council of The City of Saint John ", be read a first time. ' Councillor MacGowan stated that in approving the above noted salary increase she would like to see deleted section 3 of the present by -law, namely, "(1) Each member of the Common Council shall be paid an amount of Twenty -five Dollars ($25.00) for each day that such member is absent from the City on civic Cott ne4110r business. ", explaining that if the Councillor is out of the city on City business, he is just pursuing his business out of the city instead of in the city - therefore, she would like to see that provision deleted. She stated she would also like to make sure that no Councillor would receive remuneration for serving on any committee, because she feels that the salary would compensate the Councillor for any additional time that is spent at meetings. An amendment to the motion proposed by Councillor MacGowan at this time, to so amend the said by -law as suggested by her, and to provide that no Councillor would receive remuneration for serving on any committee, was not seconded. A motion proposed by Councillor • MacGowan, that section 3 sub - section (1) be deleted from the present by -law, was not seconded. Councillor Davis pointed out that the recommendation £or an increase in salary to the Coundllors was made after considerable work, and the salary of a Councillor is not based on any comparison with other City workers - it is based on the fact that it is a law - making body, it can postpone readings, it can table matters - it can do all sorts of things that affect the future of this city - and because of the expenditure that the Council members make during the year it was felt that an increase of $2,500.00 was quite adequate and not too much. He stated that, therefore, he does not see why the motion for first reading of the by -law amendment should be adulterated by anything - the amendment goes through and if the Council then wants to make changes, it does so. On motion of Councillor Kipping Seconded by Councillor M. Vincent ' RESOLVED that the above matter be laid on the table until the last item in this meeting in order that the one Councillor who voted against the increase in salary for the Councillors may have an opportunity to explain fully why he voted against it, or that he may have an opportunity to have some in -put on this since he was all alone in that vote. Question being taken, the motion to table was lost with the Mayor and Councillors Kipping, M. Vincent, MacGowan and Davis voting "yea" and Councillors Hodges, Higgins, Pye, Green, C,,Fve and Gould voting "nay ". Councillor MacGowan withdrew from the meeting at this time. Question being taken, the motion regarding first reading of the above named by -law amendment was carried. Read a first time the by -law entitled, "A By -Law to Amend a By -Law to Provide for Salaries to • the Members of the Common Council of The City of Saint John ". On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the by -law entitled, "A By -Law to Amend A By -Law to G' // � /ate Provide for Salaries to the Members of the Common Council of The City of Saint John ", be read a second time. -maw Read a second time the by -law entitled, "A By -Law to Amend A By -Law to Provide for Salaries to 1 the Members of the Common Council of The City of Saint John ". _ .1.54hd 6an1m• Oil P /Pe/ %rye easement Z-rvi n9 Oi /•fir C. y /ylyr. aSZ1i�Xa&Me/i �hE �iyia / /°t Toycr� zi iX_/e 7/1'cf /es .7Jpi ve .gecuers Ake e;nd.¢d 6y cCa. 028»2• Soak 73 Councillor MacGowan re- entered the meeting. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the letter from the Land Committee with regard to the request made by Irving Oil Company for an easement for the Company's projected oil pipeline over lands owned by the City of Saint John in the Fairville Boulevard area, be laid on the table along with the Company's application for approval of a License and Easement from the City regarding this proposed oil pipeline and the letter from the City Solicitor regarding the said application License and Easement, until the Council receives the anticipated information from the City Manager. On motion of Councillor Higgins Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Land Committee, the City of Saint John purchase from Elizabeth Jane Small and Joyce E. Little, joint owners of • property located at 7 Myles Drive, a 20 -foot easement involving 240 square feet of land area, for the sum of $100.00, this easement being required to facilitate an existing storm sewer line and a proposed sanitary sewer line as shown on the submitted map. On motion of Councillor Pye .avid Cow �escii�ded 46e e ro /vo ✓, /S, /976 Seconded by Councillor Green (A sf RESOLVED that as recommended by the Land Committee, and further to Common Council resolution of November 27th, 1974 which provided for the sale of an area of City -owned land on the north side of Molson Avenue to Mr. Leigh Webster for the appraised value of $3,800.00 and for the retention by the City of a 15 -foot sewer easement, the request made by Mr. Webster that the parcel of City -owned land located on the north side of Molson Avenue be sold to him for the appraised value of $3,800.00 without the restriction of the 15 -foot sewer right -of -way because of the difficulty found in setting a house on this land, be acceded to. On motion of Councillor Green ' Seconded by Councillor Pye RESOLVED that the letter from the Land Committee, advising that on May 12th, � i/S 1975 the New Brunswick Housing Corporation indicated to the Common Council its continued interest in acquiring a .V /7 9' parcel of land containing approximately 65 building lots which might be developed for a spring start by co- C'bpr. operative housing groups, that the Saint John Housing Commission has given its support to the land being sold to /OLf S j�� the said Corporation for this purpose, and that the land was acquired in March, 1975 as part of a larger parcel /7 for the extension of McAllister Drive - and recommending that the area of land involved, comprising some 65 f/¢el�7pea building lots, be sold to the New Brunswick Housing Corporation for the sum of $70,000.00 which is a pro -rate apportionment of the original acquisition costs - the land to be used for housing purposes, be received and filed and the recommendation adopted. On motion of Councillor Green Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the Land Committee, ,ft� g!VOS S the City of Saint John purchase a lot of land measuring approximately 60 feet fronting on Beaconsfield Crescent and having a depth of 120 feet from Mrs. Ross Porter of 421 Woodville Road for the negotiated price of $3,500.00 in order to run a sewer line from Beaconsfield Crescent to the new Lowell Street arena, and that the City bear all legal and survey costs regarding this land conveyance. f'ie /d C's•es On motion of Councillor Cave f/rerra s line Seconded by Councillor Green RESOLVED that as recommended by the Land Committee, the City purchase 12,697 square feet of vacant land from the Silver Falls United Church (at the rear of the Church's land and buildings on the Loch Lomond Road) for the price of $5,100.00 or $.40 per square foot which is the appraised UM /fed L°�Y, value, this land being shown on the submitted map and being required for the extension of McAllister Drive. On motion of Councillor Green 17r, exl�e%- Seconded by Councillor Cave .G RESOLVED that in accordance with the recommendation of the Land Committee, S��L eX9PS authority be granted to take the necessary steps to close a portion of Sutton Street measuring 50 by 105 feet at ,/ / its western extremity where it enters Lancaster Street, and upon completion of such closure, to sell to Mr. ' SK mOh S Bruce S. Latham the said 50 by 105 -foot lot of land for the sum of $5,000.00. Bvwee S 47 -e im On motion of Councillor Green Seconded by Councillor Gould RESOLVED that as per the recommendation of the Land Committee, the free - l. hold interest in Lot 5, which measures 150 feet by 100 feet and which is situate at the southwest corner of �i Rodney' Street and Market Place, Saint John West, be sold to Mr. L. B. Prime for the sum of $7,500.00. ;Feseinded Z, e. Co. .12, /J% On motion of Councillor Green Seconded by Councillor Pye _pmiald oopx RESOLVED that as recommended by the Land Committee, the freehold interests in Lot 6 at 380 Union Street, be sold to Donald A. and Constance 0. Murphy for the sum of $3,600.00. Q, ltjaj/9-491 On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the letter from the Master Plumbers Examining Board, advising that Mr. Lloyd Campbell, Old Black River Road, and Mr. Jack Fillmore, 3776 Loch Lomond Road, Saint John East, have successfully passed their recent master plumbers examination, and recommending that their applications be approved and that a 1975 Master Plumbers License be issued to them, be received and filed and the recommendation adopted. On motion of Councillor Gould Seconded by Councillor M. Vincent T !/ RESOLVED that the letter from the Saint John Housing Commission S.J. h S�. advising that it has become apparent that closer liaison between the work of the Land Committee and the Com- �� mission would be of benefit to remedy the housing problems of the City and recommending that the Common Council /7Od15l'ny approve the appointment of the Housing Co- Ordinator or other staff personnel of the Housing Commission to ® _0�• represent the Commission as an ex officio member of the Land Committee, be laid on the table for three weeks. Fir oA /e /o �feA9�eO' O¢ During discussion of the above matter, it was pointed out that the Organization Report provides for �Cai07d �O�➢�,-I the position of Housing Co- Ordinator in the new organization, and that the Land Committee, which is composed of Councillors, has no ex officio members with the exception of the Mayor. On motion of Councillor M. Vincent Seconded by Councillor Hodges A/gft t vJwi/�S_ RESOLVED that the letter from the Planning Advisory Committee, advising C'Oml o, that when the New Brunswick Housing Corporation lands, located at the corner of Sand Cove Road and Bleury Street, were re -zoned on July 15th, 1974, it was with the condition that the 2.39± acre parcel at the corner of �de Bleury Street and Sand Cove Road be used for not more than 30 senior citizens' housing units with the front elevations towards Bleury Street not more than one storey in height, and further advising that the said Cor- poration has awarded a contract to Shamrock Realty, of this city, to construct 30 senior citizens' housing units J�Bi9/ OY+ in accordance with Council's resolution, and that the proposed siting of the buildings is shown on one of the submitted prints, and that the other submitted print shows the various elevations, and that the elevation towards Bleury Street is the one marked "east elevation ", the second from the top of the print, be received and filed. 0'RS '0 , On motion of Councillor Gould Comm - ✓%CN��aoee or Seconded by Councillor Green • MO?�� /h ��L°a �� RESOLVED that in accordance with the recommendation of the Planning Wobel�Gt Zzra Advisory Committee, the City accept the following named sums of money in lieu of land for public purposes: - L _- /C N� /sey (1) from Charles R. Nelson, Island View Heights, L -83 - the sum of $920.00 (Lot 15A, owned 4r,49 S 7T, ��/d� by Mr. Nelson, extends from Island View Drive to Forest Hill Drive and is being divided .TSAc�hL� tlle:d /7G into three lots, one of which contains an existing dwelling and Lots 15 -2 and 15 -B, which are vacant are being purchased by John Lawton; based upon the Real Estate Depart- ment's appraisal of $11,500.00, the said sum is the amount payable); (2) from Louis Holman, L -4 - the sum of $368.00 (Lot 22, lying between Charlotte Street and �b/l% S 1TO /n7a/1 Martello Road, owned by Mr. Holman, is being divided into two lots upon approval by the Planning Advisory Committee's February 11th, 1975 meeting; the market value of Lot 22 -A as estimated by the Real Estate Department is $4,600.00 and the said sum of $368.00 is, therefore, payable to the City; Lot 22 -B contains an existing two - family dwelling); (3) from Vincent Dempsey, 5 -35 - the sum of $136.00 (the Vincent Dempsey property is situated / on the easterly corner of the Owens Road and the road to Cooks Lake and comprises six (/ /hCe��� acres; lair. Dempsey intends to sever a one -acre lot from this and to build a house on it for himself based upon the Real Estate Department's appraisal of $1,700.00, the sum of ' $136.00 is the amount payable). ' On motion of Councillor M. Vincent Asse.���O On motion of Councillor MacGowan Seconded by Councillor Pye Sw6-di a p�a� RESOLVED that the letter from the Planning Advisory Committee, ad- I'e/�7tG�lBIG / DI7 1 vising that Phase 2 of the Millidgeville Estates Sub - division includes a 225 -foot length of Royal Parkway /iooli e e and a 194 -foot length of Alpha Place, and recommending that the Common Council assent to the sub - division , ,,cS49ecaS SGL6 - plan which will conform to the tentative plan, a copy of which is submitted to show these streets, be VOL_ received and filed and the recommendation adopted. he does not know if at this particular time the Council has the right to restrict the salaries of people Alpha ��a9CC On motion of Councillor Green Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee with reference to the City -owned property on the easterly side of City Line and opposite Rodney and Winslow Cj - b W ed Streets on which Mr. Walter Kean proposed to erect apartment buildings and which the Common Council at its /dh�' C►/ h meeting held on May 12th voted not to re -zone for such purpose and referred the matter back to the Com- mission to determine what the Committee considers to be proper zoning for the property in view of the' /.O/7 B Council's decision, advising that this vacant land is presently zoned "Park "and abuts an "RM -1" zone on • the east and an "R -2" zone on the west and that any development on it, whether for apartments or one- and two - family houses, will require blasting, and that the property owners in the area fear that blasting will damage their properties and would prefer to see the property remain undeveloped and these owners also voiced concerns about the size and density of any apartment buildings which, in their opinion, would be ,. inconsistent with the character of the area - and further advising that in the Committee's view there ' would be no harm in retaining the existing "P" Park zoning and leaving the land in its natural state and that leaving the land in an undeveloped state would be desirable in the sense that it would constitute an ameliorative action which would certainly allay the fears or concerns of the neighbouring residents - and recommending, therefore, that the current "P" Park zoning be retained at this time -- be received and filed and the recommendation adopted. On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that the letter from the Planning Advisory Committee tt, / recommending that the City of Saint John accept the gift of wild life sanctuary land as expressed in the ,r/1R 1/r C Will of the late A. Carle Smith, and advising that assuming that the City accepts this gift of land and 5.7hel6" J q/ the City's Legal Department finds the terms of conveyance acceptable, the Planning office will be prepared /�� / to approve the deed for registration and filing in the Registry Office without involvement of surveys, and • that, on the other hand, the Common Council might wish to establish the property limits on the ground for reasons of administration and control (this survey can be done either as a purely engineering survey or as a land survey for registration) -- be received and filed, the Council having already adopted the City Manager's recommendation regarding acceptance of this gift of land. On motion of Councillor M. Vincent Seconded by Councillor Davis RESOLVED that Councillor MacGowan be permitted to introduce at this time a motion with reference to Councillors' salaries and remuneration. ' Question being taken, the motion was carried with Councillors Green, Gould, Pye and Cave voting "nay ". On motion of Councillor MacGowan COGG/7c / //IkL° Seconded by Councillor Davis I'e/�7tG�lBIG / DI7 1 RESOLVED that no Councillor receive any remuneration for serving on CMSa7Se pC f�/4(/- any City committees and commissions other than the salary received in the regular line of duty. , • 2 Councillor M. Vincent for to VOL_ asked clarification as whether the above motion is legal, stating he does not know if at this particular time the Council has the right to restrict the salaries of people OoM!►�% S S %/h 5 l serving on commissions. In reply, Mr. Rodgers stated that as he understands the motion, it is only dealing with Councillors serving on committees and commissions and this is separate from the salaries by- law, so it is just a policy statement that is before Council in the form of a motion: that Councillors not be remunerated for their service on committees and commissions, if they are now. In reply to Councillor M. Vincent's question as to whether, in his interpretation, the motion is legally permissible, Mr. Rodgers made affirmative answer. Councillor M. Vincent stated he feels that in the matter of giving the Councillors a raise in salary, it should be all - inclusive, and that the Council should not play games in this matter and say it is going to give itself a raise and then start cutting out things to make it look a little less • appealing to the people who are going to get the raise and try to appease the public who are criiticizing it. He stated there is no question, in his opinion, that the people on this Council are fully entitled to the salary that was recommended at the Council meeting of May 26th, 1975, and he made the suggestion that if anybody feels they are not they should get off the Council and not take the money, and not suggest that I 571 I Question being taken, the motion was lost with Councillors MacGowan, Davis and Kipping voting "yea ", and the other Council members present voting "nay ". On motion of Councillor Gould Seconded by Councillor Cave Ui'haan / RESOLVED that as requested by the Redevelopment Officer, approval be e,07drWv7 granted for payment of the account received from Shawinigan Engineering Maritimes Ltd. in the total amount of AAW/ JV $3,954.64 for professional services rendered in the appraising of the Dock Street power plant during the months �y�pp�p /p9i of November - December, 1974 and January, 1975 in connection with the North End Urban Renewal Scheme (the �lm �tQ estimated cost of this appraising work is $15,000.00), the approval of the partnership for payment of these �JJ cps progress accounts in the said total amount of $3,954.64 having been acknowledged, and that these accounts be charged against the project and shared in the usual way. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that in accordance with the request of the Redevelopment Officer, approval be given for payment of the following accounts received from Nregman & Hamann in the total amount of $15,989.99 for professional services rendered regarding the evaluation of schematic designs, preparation of revised schematic design drawings and related services with regard to the Market Square civic and commercial �%%aiY�c4 centre: - 3,,d/r Monthly retainer for the months of February, March & April, 1975 ell, ' C� 3 months.at $2,000.00 per month $ 6,000.00 -0_wWe X Fee on a time basis excluding principal's time for period -- ' January 29, 1975 - March 30, 1975 9,405.57 Disbursements 584.82 Total $ 15,989.99 the approval of the Partnership for payment of the above named account having been acknowledged, and that this account be charged against the project and shared in the usual way. On motion of Councillor Gould Seconded by Councillor Green %ay/ 0 RESOLVED that as requested by the Redevelopment Officer, approval be H 76-e P granted for payment of the account received from Palmer, O'Connell, Leger, Turnbull & Turnbull in the total �&*Ocol*k6u f/ amount of $619.00 for legal fees incurred in connection with the property known as 51 -53 Dock Street, John eCee r Searle Agencies Ltd., this property being required for the North End Urban Renewal Scheme - the said account ��g 3 covering services rendered from February 1974 to March 1975 and the Partnership's approval having been acknowledged o%O%!IJ ,acw for payment of this account, and that this account be charged against the project and shared in the usual way. 0� ,W%'s�'7 On motion of Councillor Gould Seconded by Councillor Green RESOLVED that as per the request of the Redevelopment Officer, approval be %� AS;, given for payment of the following accounts received from Appraisals (Fundy) Ltd. in the total amount of $385.00 '� for services rendered in connection with the North End Urban Renewal Scheme: - Recalculation of interest (T- 6 -19 -4) 23 -25 Dock Street John Beal $ 157.50 Negotiating property - (F- 6 -19 -14 & 15; L- 6- 19 -16, 17 & 18) North Market Wharf & Nelson Street Warehouse & Transport $ 227.50 -- the approval of the partnership for payment of these accounts having been acknowledged, and that these accounts Ibe charged against the project and shared in the usual way. On motion of Councillor Gould Seconded by Councillor Green RESOLVED that as requested by the Redevelopment Officer, payment be w ✓, nQ approved of the account received from Mr. W. J. Spencer in the amount of $125.00 for services rendered in Y / connection with the sale of machinery and equipment acquired from Cash & Carry Cleaners Ltd., the approval of the Partnership for payment of this account having been acknowledged, and that the said account be charged IA AM against the project and shared in the usual way. C°DU i srrr CowA On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from Councillor Cave, advising that at the request of the Mayor he visited Moncton, N. B. accompanied by the Superintendent of Asphalt to view a mobile asphalt plant, and submitting information on the equipment of this plant and its operation and noting that the plant's biggest and most important feature, as far as the City of Saint John is concerned, is its ability to supply hot mix asphalt during the winter season and thus provide a possible solution to the City's pothole problem; that to analyze its potential for the City, we have' to consider that its intended production is geared for a winter operation and would replace our present cold mix - and further advising that the probable cost of production of one ton of hot mix asphalt based on local aggregate costs and as supplied by the dealer is $7.50 per ton and that a number of costs are not included in this price and they may add significantly to the final the reason they cannot take it is because they do not feel it is right, and yet go outside the Council Chambers and say they wanted everybody to have it but because their employer would not allow them to make any more money • they could not stay on the Council. Councillor MacGowan explained that she is not playing games because when the Council discussed an increase for salaries for Councillors she said that she felt at that time that Council business included all committees. She asked why should one Councillor receive remuneration, perhaps for a two - hour meeting, while another Councillor perhaps for five -hour meetings receives no remuneration; it is a matter of policy - it is not a matter of playing games, and as such, this is why she felt that she could not remain in the Council Chamber before and vote on the motion, because she does feel that Councillors are worth their increment, but she does feel if the Council has a policy whereby this remuneration encompasses all the Councillors' work, then everybody knows exactly what Councillors are receiving for their work. She suggested that possibly it would be a good idea to keep a very close attendance record of Councillors at all committee meetings, including Committee of the Whole and all meetings, because then you really know who is trying to do a job for the City. She stated that it is not a matter of playing games - it is a matter of principle as far as she is concerned, ' and she thinks it is very important, and she also feels that this matter goes a little bit further - she is concerned that some members of staff receive remuneration for serving on different committees, because if they are serving on a committee they are not attending to some other City business; and this is her policy. Councillor Hodges stated he does not agree that just because certain Councillors get paid for being on committees that pay them, that this should be discontinued. He stated that as far as he is concerned, he does not serve on any committees that get paid, and he is going to remain that way - he likes it that way. I Question being taken, the motion was lost with Councillors MacGowan, Davis and Kipping voting "yea ", and the other Council members present voting "nay ". On motion of Councillor Gould Seconded by Councillor Cave Ui'haan / RESOLVED that as requested by the Redevelopment Officer, approval be e,07drWv7 granted for payment of the account received from Shawinigan Engineering Maritimes Ltd. in the total amount of AAW/ JV $3,954.64 for professional services rendered in the appraising of the Dock Street power plant during the months �y�pp�p /p9i of November - December, 1974 and January, 1975 in connection with the North End Urban Renewal Scheme (the �lm �tQ estimated cost of this appraising work is $15,000.00), the approval of the partnership for payment of these �JJ cps progress accounts in the said total amount of $3,954.64 having been acknowledged, and that these accounts be charged against the project and shared in the usual way. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that in accordance with the request of the Redevelopment Officer, approval be given for payment of the following accounts received from Nregman & Hamann in the total amount of $15,989.99 for professional services rendered regarding the evaluation of schematic designs, preparation of revised schematic design drawings and related services with regard to the Market Square civic and commercial �%%aiY�c4 centre: - 3,,d/r Monthly retainer for the months of February, March & April, 1975 ell, ' C� 3 months.at $2,000.00 per month $ 6,000.00 -0_wWe X Fee on a time basis excluding principal's time for period -- ' January 29, 1975 - March 30, 1975 9,405.57 Disbursements 584.82 Total $ 15,989.99 the approval of the Partnership for payment of the above named account having been acknowledged, and that this account be charged against the project and shared in the usual way. On motion of Councillor Gould Seconded by Councillor Green %ay/ 0 RESOLVED that as requested by the Redevelopment Officer, approval be H 76-e P granted for payment of the account received from Palmer, O'Connell, Leger, Turnbull & Turnbull in the total �&*Ocol*k6u f/ amount of $619.00 for legal fees incurred in connection with the property known as 51 -53 Dock Street, John eCee r Searle Agencies Ltd., this property being required for the North End Urban Renewal Scheme - the said account ��g 3 covering services rendered from February 1974 to March 1975 and the Partnership's approval having been acknowledged o%O%!IJ ,acw for payment of this account, and that this account be charged against the project and shared in the usual way. 0� ,W%'s�'7 On motion of Councillor Gould Seconded by Councillor Green RESOLVED that as per the request of the Redevelopment Officer, approval be %� AS;, given for payment of the following accounts received from Appraisals (Fundy) Ltd. in the total amount of $385.00 '� for services rendered in connection with the North End Urban Renewal Scheme: - Recalculation of interest (T- 6 -19 -4) 23 -25 Dock Street John Beal $ 157.50 Negotiating property - (F- 6 -19 -14 & 15; L- 6- 19 -16, 17 & 18) North Market Wharf & Nelson Street Warehouse & Transport $ 227.50 -- the approval of the partnership for payment of these accounts having been acknowledged, and that these accounts Ibe charged against the project and shared in the usual way. On motion of Councillor Gould Seconded by Councillor Green RESOLVED that as requested by the Redevelopment Officer, payment be w ✓, nQ approved of the account received from Mr. W. J. Spencer in the amount of $125.00 for services rendered in Y / connection with the sale of machinery and equipment acquired from Cash & Carry Cleaners Ltd., the approval of the Partnership for payment of this account having been acknowledged, and that the said account be charged IA AM against the project and shared in the usual way. C°DU i srrr CowA On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from Councillor Cave, advising that at the request of the Mayor he visited Moncton, N. B. accompanied by the Superintendent of Asphalt to view a mobile asphalt plant, and submitting information on the equipment of this plant and its operation and noting that the plant's biggest and most important feature, as far as the City of Saint John is concerned, is its ability to supply hot mix asphalt during the winter season and thus provide a possible solution to the City's pothole problem; that to analyze its potential for the City, we have' to consider that its intended production is geared for a winter operation and would replace our present cold mix - and further advising that the probable cost of production of one ton of hot mix asphalt based on local aggregate costs and as supplied by the dealer is $7.50 per ton and that a number of costs are not included in this price and they may add significantly to the final 57' 1 Councillor Davis raised the question as to whether the City is not reaching the point where it should consider purchasing a small, stationary plant, and pointed out that perhaps a mobile plant is the break- through, but a mobile plant is a very clumsy operation although it is good on the road - however, not in a city. He suggested that the City might be reaching a point where it can keep a small plant going all, or most of, the winter. Mr. MacKinnon replied that if the City is going to look at the idea of supplying the hot mix, then probably the first thing it should do is to get some costs from the supplier that it has, because one the City acquires a plant it has to get into the winter operation of it and it is ' not an easy operation. He felt that once the City gets into the ownership of a plant, even a permanent plant, then it should probably consider the ownership of a plant for all the supply of the asphalt, and, again, the costs there are extremely high - there are other things to consider besides just the ownership of the plant - these being the supply of the aggregate and the location and the building of the whole plant facility. Councillor Cave stated that he had in mind suggesting to the Council that possibly in or before August permission be given for one or two of the Engineers along with himself to go to Halifax and get the full information of the operation there in winter time, particularly regarding their supply of hot asphalt. He stated that if the report that is now before Council is received and filed, he intends to clarify his statements that he just made, at a later date. Councillor MacGowan expressed concern that using the cold mix asphalt to fill potholes is just a price per ton - and discussing the matter of storage that would be required for the liquid asphalt cement case of putting it in in the morning, and it is out at night. She felt that the City should be looking at Coacpit'i /O1" and for the aggregates, and the matter of a heating unit that would be required for these materials • Cave through the winter - and further advising that labour required to operate and apply the hot mix would add • approximately $8.00 per ton to the price as the City would require 2 H.E.O's, 2 rakers, 2 labourers, plus fewer potholes - obviously, the point is to supply hot mix; in the past, the cost of hot mix has always 2 men at the plant to handle the loader and heaters; and advising that the mobile plant costs in the been rather prohibitive and in winter operation the cost of hot mix would go considerably higher than the vicinity of $135,000.00 and if the capital cost of the machine, amortization, overhead, et cetera is dSjl7/jd'�� included in the cost per ton keeping in mind that we may only produce 2,000 tons during the winter season, expressed the view that even if the City had to spend more money to fill that pothole the City would save as much as $10.00 per ton may be added to the final cost; and stating that the Province of New Brunswick i has recently acquired one unit for the Woodstock area and the benefits of a mobile unit may be more Councillor Green pointed out that the Council must keep in mind what it would cost for the City obvious on a regional basis; and further stating that Councillor Cave feels that at the present time more lessens the cost. He noted that if the City wishes to make arrangements from contractors to purchase it, information should be obtained on this unit as well as other alternatives which may be open to the City in the City may do so by having them open their plants six to eight weeks, or whatever it may be, ahead of order to correct the City's pothole problem -- be received and filed. situation lasts about six weeks before the plant opens. He stated he agrees with Councillor Cave's Noting that Councillor Cave's report advises that the City presently lays approximately 1,500 , tons of cost mix per year and that the production from the mobile asphalt plant in the winter season may ,Councillor Cave noted that the hot mix asphalt is not a one hundred per cent answer to the be expected to reach approximately 2,000 tons and possibly more for hot mix, Councillor MacGowan felt that problem, but it is far better than the cold mix asphalt and it lasts longer than the cold mix asphalt when not as much of the hot mix would be required because it would stay in the potholes, and that in the long run, the hot mix method might be cheaper. She stated she would like the Council to look at this subject carefully. She asked if it would be possible to rent this equipment as the City does in renting other equipment. She noted that in this way, we could find out if such equipment proves practical in our area. Mr. Barfoot stated he understands there is only one of these mobile asphalt plants around the province at the moment, in the Woodstock area, and so he does not believe it would be possible to rent one in the city. Councillor MacGowan asked if it would be possible that a mobile asphalt plant could be rented for , one season with the possibility that the City might purchase - that is, that there might be machinery like that that they had used in other areas and had perhaps had found it was not practical to buy - that is, machinery that was used as a demonstrator. With regard to the idea of renting, Mr. MacKinnon explained that there is more to just renting a machine than paying the cost of the rental fee - involved in that is supplying the liquid asphalt, providing the heated containers to hold it, providing a place to store the aggregate and steam heating or even covering the aggregate - there are a number of other things besides just renting the machine. He noted that there is one machine that we are familiar with that is owned by the Province, although the Province may be buying others but it is essentially buying them for regional areas - that is, for highways operation and it is meant to be a travelling plant. He stated he does not think it is probably feasible to rent one of these mobile plants - the City would have to purchase other • things besides renting the machine and the cost of rental would have to offset amortization by the owners so the rental fees would be quite high. He stated that the amount of investigation that has already been done on the subject is the first step into it and some information was derived through Councillor Cave's visit to Moncton to see the plant, but obviously there is a great deal of information the City of Saint John has to get before it purchases a $130,000.00 machine. Councillor Davis raised the question as to whether the City is not reaching the point where it should consider purchasing a small, stationary plant, and pointed out that perhaps a mobile plant is the break- through, but a mobile plant is a very clumsy operation although it is good on the road - however, not in a city. He suggested that the City might be reaching a point where it can keep a small plant going all, or most of, the winter. Mr. MacKinnon replied that if the City is going to look at the idea of supplying the hot mix, then probably the first thing it should do is to get some costs from the supplier that it has, because one the City acquires a plant it has to get into the winter operation of it and it is ' not an easy operation. He felt that once the City gets into the ownership of a plant, even a permanent plant, then it should probably consider the ownership of a plant for all the supply of the asphalt, and, again, the costs there are extremely high - there are other things to consider besides just the ownership of the plant - these being the supply of the aggregate and the location and the building of the whole plant facility. Councillor Cave stated that he had in mind suggesting to the Council that possibly in or before August permission be given for one or two of the Engineers along with himself to go to Halifax and get the full information of the operation there in winter time, particularly regarding their supply of hot asphalt. He stated that if the report that is now before Council is received and filed, he intends to clarify his statements that he just made, at a later date. Councillor MacGowan expressed concern that using the cold mix asphalt to fill potholes is just a case of putting it in in the morning, and it is out at night. She felt that the City should be looking at something more permanent than cold mix because she thinks the City is just throwing its money away in • using it. Mr. MacKinnon replied that there are a number of things that the Department is looking at, in the design of the streets, the improvement of design and even improvement of the product, in order to eliminate some of the problems; however, there still will be potholes - but at that point, we should have fewer potholes - obviously, the point is to supply hot mix; in the past, the cost of hot mix has always been rather prohibitive and in winter operation the cost of hot mix would go considerably higher than the cost of this material in summer time, and it is a matter of whether or not the City can pay for those costs. Councillor MacGowan noted that rainwater in a pothole breaks up the pavement even further, and she expressed the view that even if the City had to spend more money to fill that pothole the City would save money, in the long run. Mr. MacKinnon agreed with this observation, stating that it is the only permanent solution that we know of - that is, applying hot mix. ' Councillor Green pointed out that the Council must keep in mind what it would cost for the City to get into an undertaking such as the production of hot mix asphalt and that the volume of production lessens the cost. He noted that if the City wishes to make arrangements from contractors to purchase it, the City may do so by having them open their plants six to eight weeks, or whatever it may be, ahead of time and the City is going to pay more for it; further, the City must keep in mind that the pothole situation lasts about six weeks before the plant opens. He stated he agrees with Councillor Cave's suggestion, to have a full report brought in regarding what the cost will be for hot mix asphalt, and so on. ,Councillor Cave noted that the hot mix asphalt is not a one hundred per cent answer to the problem, but it is far better than the cold mix asphalt and it lasts longer than the cold mix asphalt when laid. He stated that these are some of the things he is going to study. On motion of Councillor Cave Seconded by Councillor Green { fail OIi " e RESOLVED that the petition signed by persons who reside in the y a P� h d At Latimer Lake area, who ask that a playground be provided for the children of Latimer Lake, and if possible m?y��mer.Cake at a later date, a baseball diamond be provided, be referred to the Recreation and Parks Department for a • t— �����d report. 'Tec~ �Patrs 2) Councillor Pye stated that in relation to the above named petition, he discussed the above named matter with these residents, and what they have in mind is use of a City -owned field which constitutes I 5"1 t3 upwards of 42 acres which lie on the south side of Grandview Avenue about half a mile west of the junction of Eldersley Avenue and Grandview Avenue; they are only asking for a mere sand box and a swing or two if that is all the City sees fit to give them at this time, and if the City sees fit they would like a baseball diamond; they do not expect the City to become involved in any great expense but they would like something done, to keep the children off the road. He stated that in discussing the matter with Mr. Nicolle, he learned that Mr. Nicolle is agreeable to meet a committee from the Latimer Lake area in question. Councillor Cave called attention to the fact that there is land available in the development that we just completed in that area, and put in water and sewer services for. On motion of Councillor Higgins Seconded by Councillor Kipping Im Y RESOLVED that the letter from the Board of School Trustees of School SCi�lOO� District Number 20, dated June 3rd, 1975, advising that the Board at a meeting held on May 28th, 1975, considered the report and recommendation from its administrative staff (a copy of which is submitted with this letter) TO/ ht 14 5 e relating to the development of outdoor recreational facilities which would be used jointly by the students of the 07c o schools and non - school use under the direction of the Recreation Department of the City, and that the Board recommends to the Common Council that an agreement be entered into as an extension of the existing agreements covering specific schools, which would provide for the joint use of all schools and playgrounds suitable for this 7 purpose and, further, that the capital costs of developing playgrounds and parks adjacent to schools be shared between the parties to the agreement on a fifty -fifty basis with each party contributing to the cost of the �B development in service, labour, materials or money as the project develops -- be received and filed and the recommendation of the School Board be adopted. A�ree�egt Z� f'AO Councillor Green enquired as to whether the Recreation and Parks Advisory Board and the Recreation Department have reviewed the above matter as yet. In makin g affirmative reply, Councillor Hi ggins stated that d they are very enthusiastic about it. In clarification of the question raised earlier in the meeting concerning the figure of $180,000.00 for joint development of outdoor recreational facilities at Forest Hills School and the break -down figure of $150,000.00 as compared to the figure of $120,000.00 quoted in the City Manager's letter to this meeting of Council regarding this item of expenditure, and where the differential of $30,000.00 was, or how it was established, Mr. Nicolle advised that the cost of development in relationship to the project that the School Board went to work on this year was the total estimated cost of $170,000.00 and we were recommending that ein order to complete this project the City would assign $50,000.00 to this project and $20,000.00 on the City - owned part to make it $170,000.00. On motion of Councillor Gould Seconded by Councillor Kipping / RESOLVED that the letter from the Spruce Lake Women's Institute expressing SPHZEe 04� the view that there is a definite need for another City -owned swimming pool in a central location and that if it W6~17 S' were City - owned, there would be more time available for public swimming and that if such pool was built along the T_�{/ X e through -city bus route transportation to it would prove less a problem, be referred to the Recreation and Parks l Department. d`' o.0/ 7m ,, -- b 0/ On motion of Councillor M. Vincent Seconded by Councillor Higgins RESOLVED that the from Mr. Donald V. Arthurs of 598 Harding Street, Saint u John West, advising that this short street is used as a throughway for all trucks, vans, oil tank trucks, pulp trucks and cars heading in or out of the city and has a 30 mile per hour speed limit that does not seem realistic Apt u�°s in view of the length of this street, plus the fact that all traffic must make a 90- degree turn, then proceed a 100 -foot distance and make another 90- degree turn, and advising that this street has a blind hill and constitutes a danger to children attempting to cross below this hill with vehicles travelling at the said rate of 30 miles per hour - and suggesting that this street be made a dead end; or, if this is not immediately possible, that the /; use of this street by vans, oil transport trucks, pulp trucks, et cetera, be eliminated; or, if this is not '� possible, that the speed limit be reduced to 15 miles per hour with a maximum of 20 miles per hour and that this street be policed - and further advising of statistics he has compiled showing the number of homes, families, people (adults, children between 10 and 16 years of age, and children under 10 years of age) on this street -- be 7^01W /@ v referred to the Traffic and Safety Committee and the Chief of Police for study and a report. Mp" =4 On motion of Councillor Higgins Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. George H. Kimball of 145 Beacon Street, advising that the residents of this street do not have curbing or a sidewalk, and that for the past two all years and possibly more the area between his property line and the pavement has become a runway and a parking lot I S+4 for cars and trucks both day and night and that he would appreciate the Council's attention to this matter, be 1"y referred to the Engineering and Works Department for a report. d11zaw4w On motion of Councillor Higgins � ZIPF3 Seconded by Councillor M. Vincent RESOLVED that the letter.from Mr. S. A. Conrad of 460 Champlain /� Street, Saint John West, seeking the Council's assistance regarding the number of dogs that are running at large in the West Saint John area and suggesting that a possible solution would be to appoint someone to enforce the 1' f'StEPl17/ og By -Law and substantially increase fines for those who constantly allow their dogs to run loose, be referred to the Chief of Police for his comments on how best the said by -law may be enforced and how the City and the e9�E� Police Department can best co- operate with the Animal Rescue League in this regard - and that the letter also be referred to the Animal Rescue League. eaa Ad6vaell On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the letter from Mr. David S. Campbell 142 Montreal Avenue, Saint John West, requesting that the curb and grass plot in front of his residence at the said address be re- stored, be referred to the Engineering and Works Department for study and a report. 1I On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that the letter from Mr. R. H. Griffin of 274 Duke Street advising of the problem at the City -owned lot of land at 264 Duke Street which contains gravel fill and rocks and stones of various sizes, in that this lot is used by youngsters and teenagers as a stone - throwing base to break windows n,� t� and do other damage to adjacent and surrounding dwellings, including his own property, and also advising that X74 R. f/. 6'ri 7rlei n -Du Ire X--f. /^eta %ni n 6ila// h< 17aIre.r_ 114r7dadliS/ri �i�yso ✓ /•c�r� ,2�i„aycs ,�rhicadgge �Si/lewa�/ /q. CI FairZja&4e, 7f-.35olsS /1W /ahn. f%ufviS. Como Re -/T oh A0 &8 AA;wq, Adv%s. co W.iw- /candy A, h ys x,`P/evisih &6".r/ifa`ee TO/.t%ySM �r+OY. G'oYLR'. /{! 2,,(/9�to/ Cori - e1*101 CO/r1M %ss %Oh / /4K Oh �CCh56 _S / 91- 9�w_ir rl as TYC /4a Zo T radar a c %�o-'rgol�sS i� a!! /L-e /G'1M T. F n A T. /c7K.It�e� /6I Toles T.�`Soria ?�"yfilr�wl �arf� Q/ C (further damage was recently done by removal of part of the sidewalk retaining wall causing collapse of the sidewalk fronting this City -owned lot, and further advising that in view of the foregoing it is necessary that the City without delay, either clean up all rocks and stones or cover with earth fill or fence in • this lot, and requesting that the said problems receive prompt attention, be referred to the Chief of Police for a report - to the Engineering and Works Department to determine whether or not the said rocks and stones can be covered - and to the Legal Department in relation to the paragraphs in Mr. Griffin's letter which advise that he has had to replace broken windows and shingles on his property at considerable expense and other property owners in the vicinity have been forced to do likewise because of the damages caused by the said stone - throwing, and which advise of further damage caused by removal of part of the said sidewalk retaining wall. Councillor MacGowan stated that the above noted retaining wall and sidewalk are in a most dangerous condition and that she thinks that, in the meantime, until something permanent is done a bar- ' ricade should be erected. On motion of Councillor Green Seconded by Councillor Higgins RESOLVED that the application from A. C. Fairweather & Sons Ltd. for re- zoning of an area of land containing two proposed lots off the northerly side of the Ashburn Road, 916 feet westerly from the Drury Cove Road and containing respectively 40,000 and 38,673 square feet, from ' "RF" Rural to "I -1" Light Industrial district classification, be referred to the Planning Advisory Com- mittee for its comments, and that authority be granted to advertise the said proposed re- zoning. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the application from Clearview Mobile Homes Ltd. for re- zoning of a parcel of land on Manawagonish Road to the west of the C. L. Francis Construction Company property (near Gault Road intersection) with a frontage of 570 feet approximately on Manawagonish Road and a depth of approximately 500 feet, from "RF" Rural to "B -2" General Business district classification, be referred to the Planning Advisory Committee for its comments, and that authority be granted to advertise the proposed re- zoning. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the letter from Fundy Cablevision Ltd. advising that in accordance with the Common Council resolution of May 5th, 1975, the Company wishes to videotape the Common Council session on Monday June 16th, 1975, in its entirety, and that as an experimental pilot taping of Common Council, this first tape will be shown to Council before final decision is made to allow the Company to televise live coverage of successive Common Council sessions, be received and filed. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the Lancaster Kiwanis Steel Band Committee soliciting the support of Common Council in the Band's bid to be selected as a performing arts jorganization to represent the Province of New Brunswick in the cultural programme to be held in conjunction with Olympics Canada at Montreal in 1976, be referred to the Manager of Tourism of the City's Department of Economic Development with the direction that strong endorsement from the City be forthcoming regarding this request by the Band for its inclusion on the list of Provincial recommendations of performing arts organizations to represent the Province of New Brunswick at Olympics Canada in 1976. On motion of Councillor Hodges Seconded by Councillor Higgins RESOLVED that the notice from the New Brunswick Liquor Control Commission advising that the application of Saint John Press, Radio & TV Club Inc. for a Club license for premises located at Hilyard Place, Main Street, Saint John, N. B. will be heard at a public hearing of the Licensing Board on the 13th day of June, 1975, commencing at 10.00 a.m. in the Hearing Room, Head Office, New Brunswick Liquor Control Commission, Wilsey Road, Fredericton, N. B., be received and filed. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the report of the Tender Committee regarding tenders for the demolition of property at 76 -78 Spar Cove Road, be placed on the agenda of this meeting at this time. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that as recommended in the report of the Tender Committee, the tender of Chitticks (1962) Ltd., in the amount of $1,140.00 be accepted for the demolition of property at 76 -78 Spar Cove Road, provided all required specifications are met. On motion of Councillor Gould Seconded by Councillor Green RESOLVED that this meeting continue, in legal session. Consideration was given to a letter from the City Solicitor, dated June 6th, 1975 which advises that he was served recently with a Third Party Notice issued pursuant to an Order of the Supreme Court of New Brunswick in connection with an Action between Claude Lat(thier, John J. Saia & Associates, and Omega Investments Ltd., that this Action is with respect to engineering services relating to engineering design, drawings and specifications in connection with the preparation for the sub - division and development of lands in the City of Saint John known as the Millidgeville Development Project in 1972 and 1973, and further advising that in view of the rules of Court requiring the filing of an Appearance to an Action within ten days of service, I have taken the necessary steps and have filed the Appearance on behalf of the City with the Registrar of the Supreme Court, and that at this time he is requesting that Common Council ratify the action taken by the City Solicitor, and that he be further authorized to engage legal counsel to assist him in defending this Action. The letter states that with Council authority, the City Solicitor intends to engage Mr. Donald Gillis, Q. C. as legal counsel to assist him and represent the City. • • 0 A I 575 At this time, Mr. Rodgers gave a resume for the Council members of the above mentioned Millidgeville Development Project background information, from the year 1972 to the present time. �C'i�� So�cs• On motion of Councillor Gould J 'EOY` Cft /�Ae /ate Seconded by Councillor Hodges RESOLVED that the action taken by the City Solicitor in filing an Appear- ance on behalf of the City of Saint John with the Registrar of the Supreme Court in the matter of Claude Lauthier ✓�p and John J. Saia & Associates vs. Omega Investments Ltd. in which the City has been named a Third Party, be ratified, and that the City Solicitor be authorized to engage legal counsel to assist him in defending this Action. <7iae or% ¢!9 S1.7 d !� O On motion The meeting adjourned. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the sixteenth day of June, A. D. 1975, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Pye and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Commissioner of Engineering and Works, S. Armstrong, Chief Engineer of Operations, M. Zides, Acting Commissioner of Community Planning and Development, A. Ellis, Building Inspector, E. W. Ferguson, Chief of Police, C. Nicolle, Director of the Recreation and Parks Department, D. French, Director of Personnel and Training and G. Baird, Commissioner of Economic Development The meeting opened with silent prayer. On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates and approved invoices for engineering services, in connection with projects that have been undertaken under the Department of Regional Economic Expansion pro - orammc•_ 7 /! � 1. Courtenay Bay Causeway ¢ /� SapC (a) A. J. Callaghan & Associates Ltd. Engineering Services for Eastern Approaches Payments previously approved $ 123,932.48 Sum recommended for payment, Progress Estimate Number 38, dated May 31, 1975 $ 7,116.00 (b) Goodyear Paving Limited (Eastern Approach) Total �C•� value of contract $ 671,856.00 Total work done 709,232.31 Retention 106,384.84 Payments previously approved 602,847.47 Sum recommended for payment, Progress Estimate Number 12, dated May 31, 1975 $ 20,326.48 (c) A. D. I. Limited Engineering Services for Western Approaches Payments previously approved $ 152,847.02 Sum recommended for payment, Progress Estimate Number 35, dated April 30, 1975 $ 2,316.50 �A•.�o�L%' 2. Western Industrial Area Trunk Sewer 16 c.f.s. Carpenter Place Lift Station o9eeR 774 Fredericton Housing & Construction Co. Ltd. Sew ep Total value of contract $ 658,850.00 Total value of work done 333,535.00 Retention 50,030.25 Payments previously approved 248,862.44 `I% Sum recommended for payment, Progress Estimate Number dated May 26, 1975 5, $ 34,642.31 eoI; / 5761 Sp�ctet.�a�re 3. Spruce Lake Intake ?i7takG Ruliff Grass Limited For installation of water intake Original value of contract $ 145,316.00 Z Value of work to date 115,809.00 Retention - 3,474.27 Payments previously approved 98,437.65 Sum recommended for payment, Progress Estimate Number 4, June 2, 1975 - Partial release of holdback $ 13,897.08 In reply to Councillor Green's question as to whether the City is following up on the matter of who may be responsible for the collapsed plastic intake pipe that was previously installed at Spruce Lake, Mr. Barfoot confirmed that the City is following up in this regard. Councillor Cave stated that he has noted that the eastern and western approaches of the Courtenay On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the City /� Manager, the following construction progress certificate be paid on the following named contract for a Cap/ta/- project which is included in the Capital Budget:- 1. Community Arenas /9heha s A. D. I. Limited ��� / L� Engineering Services A, f•� Payments previously approved $ 121,321.15 Sum recommended for payment, Progress Estimate Number 9, dated May 31, 1975 $ 6,611.24 On motion of Councillor Cave Bay causeway are just about ready for paving. He asked when the tenders will be called for the con- Ti der d tracts for the remainder of Bayside Drive, when the Bayside Drive work is completed from Little River bridge to Lee's Corner. Mr. Barfoot replied that he anticipates that the contracts will be called very ,au .$B 0,9 !, soon, now. Noting that with regard to both the western and eastern ends of the causeway Goodyear Paving Limited has the paving contracts, Councillor Hodges asked when that paving work will commence. Mr. ypd C�eS a PP Barfoot stated that it is anticipated that paving will be started this week. Councillor Hodges enquired TIC -,60,'s regarding what is happening on the middle section of the causeway, and Mr. Barfoot advised that the City In compliance with the request of Councillor M. Vincent, Mr. Barfoot explained that the reason y side has only a narrow right -of -way across the causeway and the City has to acquire further land from land owners in that area. Councillor M. Vincent asked for a report for the next meeting of Council as to whether Goodyear Paving Limited got the contract for Bayside Drive at the same time it got the contracts rVIeW75Z/r for the causeway approaches, or whether the Bayside Drive contract was given to it after it had commenced work on the causeway. In reply to Councillor Gould's query as to why the actual work done by Goodyear Paving Limited on the eastern approach to the causeway in the amount of $709,232.31 has exceeded to the value of the contract which is $671,856.00, Mr. Barfoot explained that generally these contracts are based on the carrying out of unit price items on a contract, and if the items finally in place differ from the estimated quantities the total cost of the contract will differ from that originally tendered; that is normal procedure in this type of a contract. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the City /� Manager, the following construction progress certificate be paid on the following named contract for a Cap/ta/- project which is included in the Capital Budget:- 1. Community Arenas /9heha s A. D. I. Limited ��� / L� Engineering Services A, f•� Payments previously approved $ 121,321.15 Sum recommended for payment, Progress Estimate Number 9, dated May 31, 1975 $ 6,611.24 On motion of Councillor Cave On motion of Councillor Hodges • L' • • Seconded by Councillor Green M RESOLVED that the report of the Fire Department for the months of �npr April and May last, be received and filed. ' �rr,aSS 7 h°1'S Councillor MacGowan noted that there were 593 grass fires in one month and that the telephone alarm system was used in reporting these fires, which points up the apparent fact that there is a need for telephone alarms in case of fires such as these, rather than the use of the bell alarm system. She yy,s,i•, noted that it should be impressed upon all citizens that in these incidents if they start their fires without proper conditions that it is very costly to the City to put .these fires out. Councillor M. Vincent called attention to the fact that the Fire Fighters' Association conducted a very successful fund SyS'�eI» raising campaign and donated the proceeds to the fund for the new Rotary Boys' and Girls' Club. He felt hat the Association should be tendered some kind of recognition for that money which totalled $18,000.00, e bif and the way the Association raised it (by conducting a Mock Gaol at Prince Edward Square which was a lot ASS.` Ad TO/� of fun for the public and the participants), and for having donated it to the said Boys' and Girls' Club. • Councillor Gould asked when the new King Street East fire station will be under way. Mr. Barfoot advised that the specifications for the call for proposals were ready at the end of last week, and should be out today. n e6cf s %ate: od, Seconded by Councillor Pye Ti der d RESOLVED that as recommended in the report from the City Manager and the Purchasing Agent, the bid of Arbing Equipment Ltd., in the amount of $24,753.60 which includes tax, be accepted for supplying four tractors for the Recreation and Parks Department, this being the lowest .44jj7,a,Fftelw- MC X-ev bid received meeting the City's requirements. TIC -,60,'s In compliance with the request of Councillor M. Vincent, Mr. Barfoot explained that the reason Reel•,9t ?c" -5' the low tender was not accepted in the above matter was that it was a question of the tenderers not meeting specifications and the low tender in this case did not meet the specifications; in this case, there was also a difference between the type of engines, motors and machinery - gasoline motors were called for and the three lower tenders were all diesel engines - however, the recommendation was to accept one of the lower group of tenders because it met the requirements. Noting that the tenders were opened May 5th, the delivery dates quoted on the accepted tender are May 20th and the tender report does not appear before Council until June 16th, Councillor M. Vincent asked whether this will affect the tender date, or the tender, and why was there such a delay in this matter. Mr. Barfoot explained that the recommendation was delayed because of the necessity of resolving the financing of these tractors; he does not have an answer as to whether the bids are still valid, but he presumes that the fact that it is before the Council indicates that the bids are still valid - we do not know that for sure. In reply to the Mayor's query as to what the tractors will be used for, Mr. Barfoot stated that this tractor is basically going to be used for service in the arenas during the winter essentially, although there will be some other uses for the tractors when the arenas are not in service; the hydraulic equipment on these tractors is very essential since they are going to be used mainly in the arenas. He added that the tender specifications specified that the tractors had to have a certain capacity in the hydraulic system, and it was only the Arbing Equipment Ltd. bid which met the requirement of a heavy system in the hydraulics because of the lifting which had to be done all the time with the ice equipment on the back of it. On motion of Councillor Hodges • L' • • Seconded by Councillor Green M RESOLVED that the report of the Fire Department for the months of �npr April and May last, be received and filed. ' �rr,aSS 7 h°1'S Councillor MacGowan noted that there were 593 grass fires in one month and that the telephone alarm system was used in reporting these fires, which points up the apparent fact that there is a need for telephone alarms in case of fires such as these, rather than the use of the bell alarm system. She yy,s,i•, noted that it should be impressed upon all citizens that in these incidents if they start their fires without proper conditions that it is very costly to the City to put .these fires out. Councillor M. Vincent called attention to the fact that the Fire Fighters' Association conducted a very successful fund SyS'�eI» raising campaign and donated the proceeds to the fund for the new Rotary Boys' and Girls' Club. He felt hat the Association should be tendered some kind of recognition for that money which totalled $18,000.00, e bif and the way the Association raised it (by conducting a Mock Gaol at Prince Edward Square which was a lot ASS.` Ad TO/� of fun for the public and the participants), and for having donated it to the said Boys' and Girls' Club. • Councillor Gould asked when the new King Street East fire station will be under way. Mr. Barfoot advised that the specifications for the call for proposals were ready at the end of last week, and should be out today. n e6cf s %ate: od, 577 4 9dA7 p�raee- On motion of Councillor Green A7 e-17 Seconded by Councillor Cave RESOLVED that the Mayor and Common Clerk be authorized to execute on behalf of the City of Saint John the loan agreement between the City and Central Mortgage and Housing Corporation, dated October 9th, 1974, with respect to the Carpenter Place Pumping Station (sewage treatment loan - 310 -STP- �h� 15) involving approximately 900 feet of 36 -inch Western trunk sewer, one pumping station and 1,650 feet of 16- inch forcemain. On motion of Councillor Cave /?_ 6 If Seconded by Councillor Green Q Jon* RESOLVED that approval be granted for the installation of the following � e-,.�7/" s gasoline tanks, the applications having been submitted by the City Manager with the advice that the locations A�teO„ for such tanks have been inspected and found satisfactory:- (1) one 5,000 - gallon gasoline tank for non - leaded .4rIL4W f , gasoline at Arthur Brittain's Gulf Service Station on Bayside Drive, Saint John East; (2) one 5,000 - gallon , 6!a/ir.f -k em gasoline tank for non - leaded gasoline at the Gulf Service Station on Manawagonish Road, Saint John West. Consideration was given to a letter from the City Manager, dated June 13th, 1975, with reference to lTd4�v+6hy /C� the proposal to re -zone two lots lying respectively at the rear of and between the properties known as 289 and 293 Jack Street and approximately 329 and 343 inclusive of Hawthorne Avenue Extension for Caldo Ltd. to permit the erection of two 24 -unit apartment buildings, recalling that on March 31st last two readings were given to the Zoning By -Law amendment regarding this proposed re- zoning and at the same meeting, the Council resolved that, prior to the third reading of this amendment, the City staff provide Council with a report considering the effect that the proposed re- zoning and the construction of the said buildings will have on the area and regarding a new proposed roadway to Sandy Point Road. The letter submits two prints to illustrate the situation (print 1 shows the two proposed apartment buildings, their parking areas and their relationship to existing buildings in the area - contour lines are shown on this print because the land is not flat and there is some natural screening by changes in elevation of land, rock outcrops, and various street areas - access to the parking lot is directly from Hawthorne Avenue Extension across the former Desroches property - the owner of the adjoining lot is concerned over this because the driveway would not be very far from the home there - however, the driveway is in the most logical location for Caldo Ltd. - moving it elsewhere on the lot would either destroy the layout of the driveways Oand parking areas or would prevent the possible use of the balance of the lot for a standard one- or two - family home - it has been suggested to the developer that he construct an attractive wooden fence along the common property line). The letter further advises that that the two apartment buildings are to be located on relatively flat land requiring some fill; the parking areas will require some blasting of rock for levelling - however, this blasting would be less than required if the buildings were to be located there instead. The letter states that print 2 shows the projected extension of Hawthorne Avenue towards Sandy Point Road, and that to the best of the City staff's knowledge, the precise location of such a road has not been designed nor discussed with the Rockwood Park authorities; the staff has shown the road in one location but, if possible, such a road might run in a somewhat different location to form a distinct boundary between the Park and private properties - however, as can be seen from the print, the proposed Caldo development does not affect the design or location of such a road.. The letter advises that the Acting Commissioner of Community Planning and Development recommends that in view of the foregoing information, the third reading of the amendment to the Zoning By -Law be now proceeded with, and the City Manager concurs in this recommendation. BOn motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of �7 �7 e—.zoh I- k7y The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning two lots lying respectively at JO �f J a/ the rear of and between the properties known as 289 and 293 Jack Street and approximately 329 to 345, inclusive, �G 6L. Hawthorne Avenue (extension) from "R -2" One- and Two - Family Residential district to "RM -1" Multiple Residential Dwelling district, be read a third time and enacted and the Corporate Common Seal affixed thereto. Mr. Zides confirmed that the Desroches property has been acquired, and there is no home on it. Councillor MacGowan noted that access to the parking lot, directly from Hawthorne Avenue Extension across the former Desroches property is going to create a problem. She asked for information concerning the use of septic tanks in this area. Mr. Zides replied that some of the houses on Hawthorne Avenue Extension are serviced by septic tanks. Councillor MacGowan asked if it is a case that the City could not afford to put in sewerage for them, O but it is going to put it in, cost - shared, and Mr. Zides advised that there are several alternatives: first of all, they can pump the sewage out to Jack Street through the right -of -way that shows on the drawings - that might be the way they will go, we do not know - the developer has to do one of two things and the options are really his - it is presumed that the cheapest way would be do the pumping that way rather than coming down Hawthorne Avenue Extension. Councillor MacGowan asked Mr. Zides if he thinks this is the ideal location for such an apartment development. Mr. Zides replied that he hardly thinks it is the ideal location. Councillor MacGowan stated that it appears to her that land really must be at a premium if we have to crowd apartment buildings so close to residential areas where private homes have been there for years, and she surmised that the only green area in that spot will be taken with this development, and she added that it does not seem like planning, in her opinion. She added that she is surprised that the Planning Advisory Committee approved it. Councillor M. Vincent stated that he is going to support third reading, but he wished to have clarifi- cation regarding the last paragraph in the March 26th, 1975 letter from the Planning Advisory Committee, "Council has not formed a policy on the roadway but, in the absence of any detailed planning for such a route, it appears L �t evident that the Jack Street area even as now developed and as also proposed for two additional apartment .A0 buildings would not be a practical location for a connection between Hawthorne Avenue and Sandy Point Road." and ��yyjOYAe the above noted letter from the City Manager which refers to print 2 (showing the projected extension of Haw- thorne Avenue towards Sandy Point Road). He asked if the roadway shown on print 2 is the roadway insofar as the Ale. " Planning department is concerned, that Mr. Zides would recommend and support, and the Planning Advisory Committee �'J would recommend and support. Mr. Zides made affirmative reply, adding that if you were proposing to extend a 8 .5�Phdy 9%�e • roadway from Hawthorne Avenue towards the University, for example, or the new hospital, you would obviously want to take out some of the turns in the road - it would seem to be a logical way of doing it. Councillor M. Vincent ;i WIPJW pointed out that the Council has not formed a policy on the roadway and asked if the Council would be wise to consider forming a policy and then take the zoning steps after that. Mr. Zides stated that the point he was making is that the roadway and the project are hardly connected at all; even if you did talk about a roadway, you have a lot and a street, and the access to the development would be by the lot from the existing streets; any street that is proposed to go by there will not cut through the private property; physically - it is not the logical thing to do - whether or not you get a road through as shown by the Engineering and Works Department plan is between the City and the Rockwood Park Advisory Board because it involves taking land across the end of i�pe�yt%0O� Parlir the Park - to his knowledge, the developer, who was not aware of that road at all when he started; the proposal ® for the apartment buildings development could be implemented without worrying about the future line of the said road. Councillor Cave pointed out that at no time and in no way would a new extension going out to the University and Sandy Point Road go through Jack Street, and stated he cannot see why there is any objection. P� �p Consideration was given at this time to the following letters from the Rockwood Park Area Preservation eSeD"f/dc14h Association regarding the matter presently under discussion:- (a) dated April 15th, 1975, stating that it is the RSS OC'. �a�wood �ri flr�� �rPSrr�w � /O!i �SSoC ea?lwo I-ew. iP'ooaadcv�y C'o/nprel nz; ve T�ro�ytiw� �a,P - .Sari�li age "C1/ %r are understanding of the Association that Caldo Ltd. must provide a private roadway to the land proposed for re- zoning and has been negotiating unsuccessfully for approximately two years to obtain title to the Desroches property, to provide access; that since this land is on or adjacent to the route shown in the Comprehensive Community Plan, connecting the Gilbert Street ramp of the Throughway to Sandy Point Road, and since the Association had, from its inception, been making enquiries of Council about this route, the Association opposed the re- zoning until such time as a definite plan had been decided upon by the City, regarding this roadway; that, however, when the Association again voiced its objections', through the channels provided by our system, it was told in no uncertain terms, by Councillors Davis and Cave, that it was being a nuisance; that, no doubt, Council's work would be much easier if no one objected to any of the plans it proposes - however, when people do object, the very least they are entitled to, is courtesy from - their elected representatives - this the'Association did not receive and.it feels apologies from the said Councillors are in order; (b) dated April 2nd, 1975, advising that the Association understands that a full report is being prepared, including the current stage of discussion regarding location of the proposed extension of the Gilbert Street ramp, as shown in the Comprehensive Community'Plan, and that it hopes that a map showing the roadway in question, would also be included and that it is assumed.that third reading of the proposed re- zoning for Caldo Ltd. will not take place until the report is received and dealt with by Council. In reply to the first noted letter from the Association, Councillor Cave stated he.wants it clearly understood that at no time did he ever say to Mrs. Koven that the Association was being a,nuisance. He further stated that he never said such a thing to any member of this Council. Councillor Davis advised that an explanation is due in this matter: he felt that perhaps the Council should know that he had a little something to do with the formation of this organization at the very beginning and that was all - because he has, over the past five years not agreed with most of the C6,MW1 110/ Throughway intersections, particularly this one, because it is too close to the Wall Street interchange and too close to the one that comes near Russell Street; he does feel, however, that because the Wall 17% Street bridge is moved down Paradise Row to Harris Street and that there is no more crossing at Marsh Street and no more crossing at Gilbert Street, that some crossing has to be provided and he feels that that bridge has to go in or we are not doing our duty by our citizens - there would be just the one way of getting across. He stated that the second thing is the relocation and improvement of Mount Pleasant Avenue from Seely Street to Hawthorne Avenue: that particular area is a "race- track" and it is a dangerous thing and it should be corrected - so, the only solution that he knows is a divided highway where people can cross to a median and watch traffic coming from one direction. He stated that the third thing is the one that bothers him: we have two names - one is the Gilbert arterial which refers to the bridge over Gilbert Street, and the other one is the Haymarket by -pass, which is the road that goes down the cliff right behind Rockwood Court and that road that goes down Rockwood Court, in his opinion, should serve only the people in the said Court, but instead, it serves the people coming in from the eastern sector who can come up that road, turn down and go across the bridge and come down -town which makes it.a major highway, not a small highway. He stated that his brief from the very start, to which the engineers did not agree and the Council did not agree and the Rockwood Park Preservation Association has dropped, is that.that road should in no way be connected with the Throughway, that you should not be able to use'that road from the Throughway - and it becomes a neighbourhood street replacing Allison Road which disappeared, and Davenport Avenue. He stated that that is why he thought that the emphasis of this group should be on that road and not out in Jack Street, and that he probably over -acted a bit because he did not think that the group should extend that far north with its comments but should stay with this one item - and he would be very happy about it, if that were done, because the traffic would not increase. He stated that he feels that the point he made is the flaw in the matter - that the road he mentioned should be a local road and should not be called the Haymarket by -pass. He stated that this is his explanation in this matter. Councillor Kipping stated that from the point of view of the well -being of Rockwood Park, with regard to the proposed apartment buildings, we would be jamming in several apartments at the Fisher Lakes �p�(Ld00� section of the main entrance to the Park, and he felt that from that point alone it is not a good thing to J'�arr% do, because we may end up with a rather slummy- looking entrance to the Park, or at least a crowded one; 1 even if it were kept in tip -top condition, it would still be very crowded. He stated that he was on the property today, to determine its location, and he discovered that two of the statements in the June 13th, 1975 letter from the City Manager regarding this re- zoning matter, are actually not factual. He noted that OK ✓°�� it is factual in stating that the driveway is in the most logical location for Caldo Ltd., but the fol- lowing statements in the letter are incorrect, "Moving it elsewhere . on the lot would either destroy the layout of the driveways and parking areas or would prevent the possible use of the balance of the lot for a standard one- or two - family home. ", because you could move that entrance very easily to the far side of that lot and it would not disturb the layout of the driveway into the parking area which would eventually have to go to the apartments across to the other parking area on the left, facing it; as well, it would not bother that at all, even the topography is alright for that - and, secondly, there is no problem about the possible use of the balance of the lot for a standard home, - if you have it on one side of the lot or the other you are left with the remaining part of the lot and it could be used for the construction of a home. He felt that Caldo Ltd. is obviously arranging it so that it is best for them, and he is not condemning them for that - they are putting the development on the southerly side of that lot so that they can have the Park side of the lot nice and free so that any house that goes in there will be untrammelled by anything else, and will have a view of the Park, which is fine from Caldo's point of view, but the thing is arranged for their benefit and the thought occurred to him whether the City should allow that kind of thing without some kind of comment or some kind of control to happen when people are established there, in the first place - should we not try to reduce the disturbance to the people who are there? He thinks that the City should try to reduce to an absolute minimum the disturbance to people already estab- lished. He asked if the developer has agreed to construct an attractive wooden fence along the common property line. Mr. Zides replied that this developer has not agreed at all except that he seemed amenable to the idea - however, that certainly does not mean that he is going to do it. Mr. Zides stated that if you look at that layout, you cannot put that road anywhere else and use the lot or make a practical use of the parking on that lot without rearranging everything. Councillor Kipping stated that from having seen that lot today he feels that in no way would you affect to any appreciable measure that northerly parking lot there by running in on the far side of that lot - all you have to do is look at print 1 and you can see it, even if you did not know what the topography was, but the topography is alright, so he disagrees with what Mr. Zides is saying. In reply, Mr. Zides stated that if Councillor Kipping's proposal in this regard came to the Planning office it would be turned down, if for nothing else than the reason that all the parking is being taken into one parking lot which would affect the traffic movement there - the other thing is, if you look at the shape of the lot and where the access stops you really cannot take another point for the access and use the balance of that lot - it just splits it so that you cannot use it - it splits it in the middle, more or less. Councillor Kipping disagreed, pointing out that you go in at the far northerly part of the lot on print 1, instead of the southerly part. Councillor Kipping reiterated that the statements as made in the said letter of the City Manager are incorrect. The Mayor observed that this can be worked out. Re -PTO n %n9 a' lwo AV Question being taken, the motion was carried with Councillor MacGowan voting "nay" The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments was read in its entirety prior to the adoption of the above resolution. • • E I 579 Roelrevlft On motion of Councillor Hodges �P.Apk lira Seconded by Councillor Gould �I�Se°f^6�c7¢ %0 RESOLVED that the above mentioned letters from the Rockwood Park Area Preservation Association be received and filed. The final draft of the proposed new Traffic By -Law was considered at this time. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the by -law entitled, "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 ", be read a third time and enacted and the Corporate Common Seal affixed thereto. The Council considered at this time a letter, dated June 13th, 1975, from the Rockwood Park Area s Preservation Association which notes that on Schedule N - Subsection Central of the proposed new Traffic By -Law, �OG'�/NJOO G� Gilbert Street, Davenport Avenue, Mount Pleasant Avenue, Arrow Walk Road and Sandy Point Road are listed as part of the network of streets designated as a truck route and which advises that the Association has been assured by the Council several times that the building of the Haymarket by -pass (four lanes, from the Throughway) and the Gilbert Street ramp (four lanes, from Haymarket Square) would not generate much extra traffic into the Rockwood ^� Park -Mount Pleasant area, and which points out that, however, according to this revision to the Traffic By -Law ¢� and contrary to the Association's assurances, traffic in general and truck traffic in particular, is being Zuue k routed directly into this residential and park area. The letter states that, once again, the Association must strongly oppose any plan to move trucks other than delivery and service vehicles, through this section. (T /1�7'[ m1G• Mr. MacKinnon was asked to explain the ramifications regarding the truck route. Mr. Barfoot noted that _JI7MMJ I/A// the.route in the Rockwood Park area is currently being used as a truck route and it is not a change from an /�Wee existing traffic route through the area. The Mayor noted that since there is not any industry in the area this ".101o7S47 route is not designed for taking heavy loads - it is just a matter of using the route for delivery or service )9Ne• vehicles and trucks. Mr. MacKinnon stated he thinks that the said letter from the Association is in reference to 0�p3oy�/ 01 earlier discussion we have had in connection with Gilbert Street and the Gilbert Street ramp and the fact that ROQ, it was not meant to be the truck route or to funnel heavy truck traffic through that area - the discussion at that particular time, however, was with reference to a finished throughway and a future situation; the by -law and its truck routes that we are looking at now is a present situation truck traffic throughout the city - it is U. intended to route the trucks through those portions of the city without having them feed areas for short -cuts; for example, in the Mount Pleasant Avenue area, it is intended to take the traffic up through Gilbert Street, Davenport Avenue and Allison Road and towards the North 'End and its destination without going over adjacent �7 streets for short -cuts, for example, Rocky Bluff Terrace, and Seely Street and those streets - these are not P�7SS included - it is meant to by -pass the residential areas and still get them through the North End. He stated that as the Throughway is completed and as any major city street is changed there will obviously be some changes in the Traffic By -Law pertaining to truck routes to compensate for the change in traffic pattern. With regard to the streets referred to in the letter from the said Association, he advised that trucks have been driving in that area and you are not going to find any new trucks travelling that way; he added that trucks have been using the said streets ever since trucks have had to be driven out to the North End of the city, so now what we are doing is we are confining them to that particular traffic pattern in a truck route, and the trucks proceeding to various sections of the North End will not be feeding through the residential areas at the top of Mount Pleasant, Goodrich Street, Seely Street, et cetera. He pointed out that the provisions of this new by -law should increase truck traffic in areas where it should be increased and it should take such traffic off the residential areas where you can take it off; in the area of Mount Pleasant in question, it should decrease the traffic in the long section of Mount Pleasant and First and Second Streets and all of those small residential areas, and it may increase it somewhat between Arrow Walk Road, that short section of Hawthorne Avenue and probably nothing at all on Sandy Point Road because that road is a feeder road to the North End; possibly there might be an increase in the volume of trucks using Rockwood Road and Cranston Avenue but this is a road that has always had truck traffic and it should be maintained there until we change another section of the road system. In reply to Councillor Hodges' query, Mr. MacKinnon confirmed that King Street in the city centre probably is a street for trucks and transports. Councillor Hodges asked, in that case, why do we have the Lower ^1494Ve.k, (,40PLO Cove Loop. Mr. MacKinnon pointed out that the Lower Cove Loop was designated as a truck loop long before we had /O�� a truck route and it was intended to take the heavier traffic around the Loop - however, the truck routes are e oc designed to take the heavier trucks that are going to business sites and to guide them in the best possible means through the city to main thoroughfares such as the Lower Cove Loop, or to Main Street, City Road, et cetera; any area that does not generate heavy traffic is not part of a truck route. 1//V$P /fa /, • iCWP( Councillor Davis asked what happens in a situation where we might be building a large hospital in the University Avenue area and.there would be all sorts of trucking. He asked if we establish a truck route for that job, or does such traffic find its way, helter - skelter, up Mount Pleasant, or whichever way you want to go. Mr. MacKinnon replied that with regard to an area that is not on a truck route and is under construction, the by -law does prohibit the trucks going to the construction site in to the area that is not designated as a truck route; however, in this particular case, presuming that a hospital may be built in the Sandy Point Road area and that is part of the truck route, then trucks can proceed to that area - however, he would think that if the demand changed considerably that some additional thought should probably be given to the truck route in the by- law. Councillor Davis stated that what he was really referring to was the kinds of trucking; he noted there would be a tremendous amount of material for the hospital construction job and the transporting of that material could go on all day and all night, perhaps for two years - or, the City could tell them they do not truck through area except during certain hours - the City can do whatever it likes. He noted that there is no provision in the Traffic By -Law for that regulation. He added that the same thing is true for construction on such streets as Dock Street or Germain Street - traffic could be blocked during the busiest time of the day, and the Council could restrict that. He asked if we should not have provision in the by -law for that possibility. In reply, Mr. MacKinnon stated that this can be looked at. He further stated that there is provision in the by -law where any emergency exists (and the emergency is not necessarily designated), that the Chief of Police has permission to alter a truck route or to change a sign, or, for example, to change the rotary traffic - there is provision in the by -law that the Chief of Police has authority to do this; Mr. MacKinnon stated he feels that if the traffic was such that the times were hindering traffic, that the Chief may have some authority in that respect - however, if they were just hauling twenty -four hours a day and it was an inconvenience to the citizens he is not sure whether there is anything either in the Traffic By -Law or in the Motor Vehicle Act that prohibits trucks over any particular time - this can be researched and we can see if we can have it put in. The Mayor stated that he has been informed that before the new Traffic By -Law becomes law it has to be approved by the Provincial Government. Councillor Higgins stated that his concern is that presently there is no truck route set out in the Mount Pleasant- Rockwood Park area, so by setting a truck route the positive aspect of it is that trucks that do wander up that way go down Seely Street and along the long stretch of Mount Pleasant Avenue, and what have you - so he thinks that it is possibly a positive step, by giving a truck route once a truck is within that area - 58 O Question being taken, the motion was carried with Councillor Gould voting "nay" that people in the area know that trucks have a certain route to follow and that they just cannot:go in mute any direction they happen to choose. He stated that he is concerned that when the Throughway is con- structed and we have the Rockwood Court by -pass, would there be a sign at that by -pass indicating.truck routes; in other words, there will be many trucks coming through and on seeing "Truck Route" would go off / TC� roUl!@ on a tangent figuring this would be a very quick, easy means to get from one location to another. He �ak/`'— � thinks it is excellent that trucks that are in that area have to know where they belong in that area -on the other hand he does not want maybe heavy trucks that otherwise do not really know their way through L this city seeing a "Truck Route" off the Throughway and start heading up and wandering around. In reply, AApdkWOM Mr.. MacKinnon advised that the trucks coming in on the Throughway would have to take an off -ramp to come Hark off the Throughway and coming into the Gilbert Street by -pass, and presumably they are doing that because -I-Apo ay / °may they are going to that portion of the city - it is unlikely that they are taking it to find out possibly J where the next section of the truck route would be - they are already on a main truck route which is the b� v /Z_`h Throughway and presumably they are going to the North End or they are going to the central portion of the city and if they took the ramp they would then take a left turn and go towards Haymarket Square; however, if they are going further on, most of them are local truckers - the truck route is certainly more ad- vantageous at the Wall Street interchange than it would be at any other and even at the said interchange rather than proceeding to Rockland Road - Cranston Avenue they would then probably go towards Paradise Row and Main Street which is the linkup towards the area which generates most of the truck traffic — however, there are only a few places in the North End that generate traffic and they are in the Boar's Head Road area - the only other truck traffic that might be generated would be as a result of any construction at the University- hospital complex. Councillor Higgins explained that he does not want to see trucks that ordinarily not use the area in question being lured by the placing of signs signifying there is a truck route; he thinks it is excellent that within any residential area trucks have to follow a certain route rather than the drivers going in whatever direction they feel like going, if it is not a matter of going to a specific destination. Mr. MacKinnon confirmed that the intent is to try to direct the trucks spec- ifically to the areas that they are going to; we can obviously change the by -law to conform to changing conditions as they arrive, he pointed out. The Mayor noted that Mrs. Ruth Koven, President of the Rockwood Park Area Preservation Assoc- iation, has asked for permission to speak regarding the Traffic By -Law. On motion of Councillor Higgins lYerS/ Seconded by Councillor M. Vincent i /n% . RESOLVED that Mrs. Koven be heard at this time. V are,Q Councillor Gould recalled that at the last meeting, the Council rejected a request made by a G gentleman who wished to speak on a matter of a proposed re- zoning. He asked if the Council is going to be �j'' ��/! /ewok iraH r 1 C consistent in a policy for hearing persons, or is it going to alter the schedule willy - nilly, anytime it Apa? / �h°S V°rVd wants to. He felt that whichever policy the Council follows in this regard, it has to be consistent. ph AS.40C, Councillor Higgins replied that the instance to which Councillor Gould referred involved the fact that the L b gentleman had,been heard at length the previous week and the matter was back before Council again at its last meeting, and it was a case of repitition of that gentleman's presentation the Council was going to go through, and Councillor Higgins had no qualms at all about not defending the Council's right to hear, or not hear. He stated he feels that the matter of this Traffic By -Law is one that has been building up, and it is a lon g, involved matter and the b y- law has been questioned regarding certain sections at this meeting by the Council members, for interpretation by Mr. MacKinnon. Councillor MacGowan pointed out that there is a difference between the two cases of permission to speak: in regard to the matter before Council last week, there was no letter from Mr. A. B. Gilbert, Q. C., but there is a letter from the said Association before Council at the present meeting regarding the Traffic By -Law. Question being taken, the motion was carried with Councillor Gould voting "nay" • • • • Mrs. Koven advised that she had three questions to ask: (1) are there any additions to the Traffic By -Law ?; (2) are there any weight restrictions on what truck traffic can travel this route ?; (3) what about when the ramp and the by -pass are finished - is it the belief that when the ramp is connected to Crown Street that we will not have extra heavy truck traffic in this area? In reply to these questions, / TC� roUl!@ Mr. MacKinnon advised, as follows:- (1) the Traffic By -Law draft in its existing form takes care of the �j et old by -law and incorporates all of the amendments to it - at the present time, there is no addition to it; (2) the truck route is intended for vehicles of eight tons or more; (3) when the Throughway is completed, AApdkWOM you will have a different set of conditions that may indicate the by -law being changed - the truck traffic Hark may increase when the over -pass is completed, or it may decrease - trucks are commercial- business handling a variety of loads and they are there to make money and they are not going to go to the North End unless they have to go that way - so, the volume is not going to be any greater unless there is a business in the b� v /Z_`h North End to go to - he thinks that the traffic using the over -pass is more apt to use the Gilbert Street ramp going to the Throughway rather than continue out the North End unless they are going specifically to the North End. Mrs. Koven asked: what about traffic coming from the east along the by -pass and down towards Crown Street - it may not come directly through the area but there may be a great deal of truck traffic coming that way, up the by -pass from the east and go down the ramp to get the city centre, which leaves Rockwood Court in a pretty precarious position, too. In reply, Mr. MacKinnon stated that as we envisage it, the truck traffic is concerned with the speed and the quantity mostly as far as the pedes- trians are concerned - keeping the traffic out of that area - the traffic is going to be there insofar as the apartments are concerned but the Department of Highways have indicated that they would consider barriers or screens along both sides of the ramp - something that would have noise deterrent - that is the only other thing that he can think of that would create a problem as far as the trucks using the ramp is concerned; however, trucks should then make a left turn and proceed in to Crown Street rather than making right turns - if they make a right turn they are only going to be led out to Sandy Point Road and Univer- sity Avenue or the Crowley Road area and it is possible that somebody could make the mistake - however, once having made it they would be well out of their way and they would probably not do it more than once. Mrs. Koven stated that the only other point that concerns her is the matter of the proposed construction of the hospital in the University Avenue area and this will take a fair length of time; she would like to see something in the Traffic By -Law which will preserve that area against heavy trucksof the lYerS/ i /n% kind that will be generated by the building of that hospital. Mr. MacKinnon stated he feels that when V are,Q that particular time arrives, we hope that we will be able to designate a particular area if trucks are going to be any particular nuisance or hindrance in the area - however, at that time we are hoping that �j'' ��/! /ewok iraH r 1 C that portion of the Throughway will be completed and that we will be better able to guide the trucks through the area and out to the hospital site. Councillor Kipping asked if we can now designate specific truck routes for major projects like the hospital, and if we will be able to do so, in the future. Mr. MacKinnon stated that the truck route is part of the Traffic By -Law and it is not something that is brought in quickly or lightly, and it cannot be brought in for one particular construction site if the construction is only going to take place over a two or three -week period or even a two or three -month period, but it can cover something of the magnitude of the hospital site that is going to take a number of • • • • I �1 640wAai e Mh o% T�feic 5.8 1. years, and you can bring in an amendment to the by -law and designate a route to allow trucks to get out to the hospital site. Councillor Kipping stated that he is suggesting that that may be the thing to do, with a project of that magnitude. Councillor Cave asked if there has been any discussion with the Provincial Government and the engineers regarding completion of the throughway from that portion of the road that Mrs. Koven is worried about, to ask the Province to give special priority to get that section done, and forget about the by -pass for now. He asked if there is any hope that the said section of the Throughway may be completed this year. Mr. MacKinnon replied that there is absolutely no hope. The Common Clerk advised that the proposed new Traffic By -law was read in its entirety at a Committee of the Whole meeting of Council, held on June 9th last. Question being taken, the motion for third reading of the new Traffic By -Law and'for its enactment, carried. On motion of Councillor M. Vincent F044wood Seconded by Councillor Green � A/ ti°� RESOLVED that the above named letter from the Rockwood Park Area Preser- / �r �R vation Association, with regard to the new Traffic By -Law, be received and filed. ASSOc.°. On motion of Councillor Gould Seconded by Councillor Cave A111h 1sf /. RESOLVED that as recommended by the City Manager, the Common Council AdAi>), S request the Minister of Highways of New Brunswick to give consideration to immediately proceeding with construct - hi�[l�dll�� ion of the off -ramp at the Gault Road interchange of the Throughway, so that it may be completed prior to the am �� re- decking and re- surfacing of the Reversing Falls bridge. On motion of Councillor Cave '; " `.% ` Seconded by Councillor Hodges S /Mq ����5 RESOLVED that the letter from the City Manager, advising that following a /Ps recent drowning in Lower Cove, the coroner's jury recommended the erection of security fencing in the area; that the owners of the former "Brunswicker" property, the National Harbours Board, have secured an estimate in the amount of $10,427.80 for the fencing of an area which ties in, at both ends, to existing security fences, and e includes the erection of a gate to enable the City to dump snow and street cleanings from the central business /{ district and the South End; that the said Board has no reason to do this work from a cargo security point of . �r�60 view, and is therefore requesting the City to share in the cost; and recommending that the City pay fifty per !� cent of the cost of the said security fencing at the former H.M.C.S. "Brunswicker" property -- be received and 0/.�ilS�� filed and the recommendation adopted. In reply to Councillor Gould's question regarding how the City will finance the above noted expenditure, Mr. Barfoot stated that it will likely have to come from the operating budget, and the question as to whether this would mean that some other item would have to be deleted so that this expenditure could be included in its stead, will have to be examined further. Councillor MacGowan suggested that, in such case, perhaps this matter should be referred to our Budget, because there are certain things we do not want to cut out. With regard to the street cleanings, she asked why the City dumps them in the above noted location and leaves them there in a pile, and she advised that this site is most unsightly for this reason. She asked if the City could landscape the outside of that area and make it a little more attractive. Mr. MacKinnon replied that the area the City is using to pile material in is part of the City -owned property and is an area that has to be filled and it facili- tates the cleaning of the city streets without having the equipment go to the next dumping site which may be Howe's Lake; periodically, the material that is dumped is levelled and cleaned up and the paper material that is picked up with the sand and grit is light in content and most of it is covered very quickly - it is not always an eyesore - it is down below eyesight level, in most cases. Councillor MacGowan stated that the residents of the South End have expressed their concern about the unsightly appearance of this particular site, and she hoped that something can be done to make it look a little better. Mr. MacKinnon replied that in time we hope to have that area filled in through enough material from the streets and at that time we can probably do something with it, such as landscaping it, planting some trees and maybe have a neighbourhood park in the South End there. Councillor M. Vincent asked if the City staff can install this security fencing for less than the amount named above. Mr. Barfoot replied that the City normally has its fencing done by contract and there are two or three fencing contractors around and we can and we normally get low bids from them. He replied, in answer to a query from Councillor Gould as to who is going to call tenders for this fencing, that National Harbours Board are responsible for the work of the security fencing in question. Councillor Davis raised the question as to whether the security fencing would be more effective in protecting the safety of children and preventing them from gaining access to the site in question, then would fencing with ordinary wire mesh. Mrs. Norma Reid, Chairman of the Centre Valley Association, was present in support of the Association's letter which states the members of the Association would like to see a vacant lot situated between 12 and 28 �Pys Wright Street either purchased or leased as a playground for children in this area, there being a scarcity of Te d� playgrounds and playground facilities in the city. ' / On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that Mrs. Reid be heard. Mrs. Reid advised that there are no playgrounds in the Centre Valley area and there are approximately 400 pre- school and elementary school children in that area; the Association members would like the City to determine who owns the above noted lot on Wright Street and that the City, if possible, buy this lot and set up a playground on it for this summer. Mrs. Reid stated that she has made enquiries::about ownership of the lot, and it is understood that it is owned by Mr. Guss. She stated that if it is not possible to obtain this lot, the Association would like the City to find another piece of land in that community on which the City could possibly build a playground for these residents' children. On motion of Councillor Higgins e:q- Seconded by Councillor M. Vincent 7 -1�e 61 RESOLVED that the request made by the Centre Valley Association that ilk �/aa the City either purchase or lease and develop as a playground for children in the said area, the lot situated • ASSAC. etween 12 and 28 Wright Street, or, if such lot cannot be obtained, the City obtain another piece of land in the said community for the said purpose, be referred to the City staff and to the Land Committee for a report back to Council as soon as possible. On motion of Councillor Kipping Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Municipal Plan By- 5Sw %fah .ay -X �9lnehG�meri'f' Cousreil. .8y- .X Law" insofar as it concerns amending Schedule 5 -A of the Municipal Development Plan so that the boundaries of planning districts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12 are relocated as recommended in the letter from • the Planning Advisory Committee dated March 21st, 1975, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled, "A Law to Amend The Municipal Plan By- Law ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Cave Seconded by Councillor Davis RESOLVED that the by -law entitled, "A By -Law to Amend A By -Law to Provide for Salaries to the Members of the Common Council of The City of Saint John ", be read a third time and enacted and the Corporate Common Seal affixed thereto: AND FURTHER that the provisions of Sections 1 and 2 of the above named by -law be effective as of June 16th, 1975• Councillor MacGowan advised that she still feels as she did on June 9th last, when first and second readings were given to the above by -law, so that rather than register a negative vote, she will absent herself from the Council Chamber when the above motion is put, because she cannot seem to get the consent from the Council on the deletion she had proposed with regard to the said By -Law. Consideration was given to a telegram received at this time from Councillor Albert A. Vincent, informing the Council that due to an Injunction against the-Bricklayers in St. John's, Newfoundland, he is �0�.�� /�j. forced to appear in the Supreme Court in that city on June 17th at 10.00 and he is therefore unable to attend this Council meeting and would respectfully request that the Council delay third reading of the above noted by -law for two weeks. The telegram states that he is also requesting that the Council excuse him from the Council meeting of June 23rd as he will be out of the city on a previous commitment. Councillor MacGowan withdrew from the meeting. C, Sys /ai "z�or powdor amml:M 3f a4eewmt3v ,se. 5-7/e, Proceeses G°ivic7i►� rove - rrJepl�� �eau�i- f'icafloh�o� �e�„ova/ of City ow/7e �i' buy /ding Simms order It was the concensus of opinion among the Council members that there would be no point in delaying third reading of the above noted by -law; and bearing in mind the fact that Council members can be expected to be absent from meetings in the fulfilling of Council duties such as graduation ceremonies and school closings during the coming weeks, and therefore it would be difficult to get a meeting at which all Council members would be present. Question being taken, the motion was carried. The by -law entitled, "A By -Law to Amend A By -Law to Provide for Salaries to the Members of the Common Council of The City of Saint John ", was read in its entirety prior to the adoption of the above resolution. Councillor MacGowan re- entered the meeting. On motion of Councillor Gould Seconded by Councillor Hodges Iy RESOLVED that the letter from the City Solicitor, advising that the Power Commission of the City of Saint John has agreed to sell the office building at 39 Canterbury Street (that is no longer required, the Commission having relocated to the Charlotte Street site, and the City having indicated to the Commission that it was not interested in this property) to McMillan Litho Ltd. for $90,000.00; that the said property at 39 Canterbury Street was acquired by the City of Saint John in 1924 and has remained vested in the City - however, while title has vested in the City, the relationship between the City and the Commission over the years in connection with this property clearly indicates that the City has been holding the property in trust for the Commission; and advising that in view of the foregoing, and the previous concurrence of the City in the action of the Commission, this matter can only be properly finalized with the adoption of the following resolution, "Be it resolved that in connection with correspondence from the Power Commission of the City of Saint John dated December 12th, 1974, the City convey to McMillan Litho Ltd. the property at 39 Canterbury Street for the sum of $90,000.00 and that the consideration for the sale be turned over to the Power Commission of the City of Saint John: and further, that the Mayor and Common Clerk be authorized to execute the document of conveyance. ", be re- ceived and filed: AND FURTHER that in connection with correspondence from the Power Commission of the City of Saint John dated December 12th, 1974, the City convey to McMillan Litho Ltd. the property at 39 Canterbury Street for the sum of $90,000.00 and that the consideration for the sale be turned over to the Power Commission of the City of Saint John: AND FURTHER that the Mayor and Common Clerk be authorized to execute on behalf of the City the of conveyance. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the letter from the Civic Improvement and Beauti- fication Committee, advising that the Council previously approved the removal of the small building from the area at Simms Corner which is to be developed as a bus layby and that tenders were called for demol- ition but no bids were received and to date, no further action has been taken; that funds for the bus layby have been submitted for inclusion in the 1975 capital budget and Provincial Government participation in this project has been received and expended; that the Committee requests that immediate action be taken on the removal of this building in order that the construction of the bus layby can be completed and put in service -- be received and filed and the request complied with. On motion of Councillor Cave • Seconded by Councillor Higgins RESOLVED that the above matter be laid on the table until the uncil receives a report from the Chairman of the Land Committee with regard to any offers the Committee . y have received for purchase of the above named property. Councillor Davis, Chairman of the Land Committee, confirmed that there are prospective pur- ers for the above named property. Question being taken, the motion to table was carried with Councillors MacGowan and Kipping "nay ". I On motion of Councillor MacGowan 583 m�zn(i �yceew Seconded by Councillor Higgins CDis�h'►' RESOLVED that the letter from the Civic Improvement and Beautification Polley Pe Committee advising that at its meeting held on June 11th, 1975, the following resolution was adopted, namely: - �,��ryjj WHEREAS the amount of natural wooded areas in our city are at a premium; AND WHEREAS the value of such natural y�6Gi4A� wooded areas to our citizens is well - known; AND WHEREAS the cost to plant green areas in our city is very costly: THEREFORE BE IT RESOLVED that the Common Council of the City of Saint John be requested to adopt as a policy directive to civic staff that where at all possible, such natural wooded areas be retained in future evelopment in the City. be received and filed and the request complied with, and that the word "future" // referred to in the said directive be understood to mean not just future development but development of any type if it is an addition to a community - not a large development, but where you are going to re -zone, taking into consideration the green areas. On motion of Councillor Higgins � p f ;% Seconded by Councillor Gould o RESOLVED that the report of the Council Committee, composed of Councillors no' z,��e Green, Chairman, and Hodges, M. Vincent and Deputy Mayor Higgins, in reply to the brief received by the Common M f7 ,?1aS Council on April 28th, 1975 from the Central Minor Hockey Association, the Lancaster Minor Hockey Association kSep and the Simonds Minor Hockey Association which outlines the concerns of these Associations respecting the possible effects of the Common Council's decision to implement the formula that as a general policy the op- erating costs for scheduled adult use of City -owned arenas be fully recoverable while organized age -limit activities be cost - shared between the City and the sponsoring group -- be received and filed and copies of this S��Cbl�s eport be forwarded to the heads of the said Minor Hockey Associations. A% /Mop i� �SSBC. On motion of Councillor Hodges Seconded by Councillor Higgins a(pe:y 4,4W&h4 RESOLVED that the letter from the Loch Lomond Home and School Association, dated May 13th, 1975, protesting the proposed use of user fees at the City -owned skating rinks and stating that '/o �� �7 the Association feels that the majority of time in these rinks should be, and was, meant for the children, and �SS D� that a great number of boys in the Loch Lomond area are involved and are very active in school boy hockey and other hockey leagues and the Association feels that user fees would be a great disadvantage to them, and asking Aw4w &C667 that the Council consider the children of our city before making a final decision, be received and filed. r'eeS On motion of Councillor Gould Seconded by Councillor Green q wnrs / RESOLVED that in accordance with the recommendation of the Planning lieu� W?" Advisory Committee, the following named sums of money be accepted in lieu of land for public purposes: - Ile Ala sLP �dh� (1) from Fred McCoach L -104 - the sum of $160.00 (this > property is situated on the easterly side of the West- field Road at Acamac; the proposal is to divide it into two lots: Lot 75 -1 is 93 feet by 250 feet (23,000 square ?C�'ew feet in area) and contains the McCoach dwelling; Lot 75 -2 is 70 feet by 250 feet (17,000 square feet in area); /;7e �0e7C� based upon the Real Estate Department's appraisal of $2,000.00 for a new Lot 75 -2, the said sum is the amount payable); n (2) from Henry S. Legere, 5 -35 - the sum of $144.00 (Lot A of the Legere Sub - division filed in 1964, has an area y��y�o,(/ J• of 54,662 square feet, a depth of 418 feet and a frontage of 100 feet and it widens at the rear to 209 feet; the proposal is to divide Lot A into two lots, one of which would contain the dwelling of Mrs. Campbell, the owner of Lot A, which is situated on the front portion of the lot; Mrs. Campbell wishes to create a 25,000 square foot lot at the rear for convenience to her son; the sum payable is based upon the Real Estate Department's appraisal of $1,800.00); (3) from Francis S. Scovil, L -62 - the sum of $224.00 (Mr. Wilfred Bourque owns a 15,000 square foot lot extending from Milford Road to Francis Street - it was designated as Lot A on a plan approved and filed in 1970; Mr. P` Bourque proposes to divide the lot into two; Lot A -1 contains the Bourque dwelling and has frontage on Milford S G'O Y11 Road - Lot A -2 frontage on Francis Street is to be sold; the sum payable is based upon the Real Estate Department's appraisal of $2,800.00). eOn motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee to whom was ��NJ�yy peAoe referred a request from Mr. Raymond E. Oldfield, proprietor of the Maritimer Motor Hotel on Ocean West Way, that r� / /�1•e he be allowed to continue to use the mobile home on the Hotel property as his place of residence while he 01 -0 !� operates the motel, advising that the Common Council's March 26th, 1973 meeting gave permission to Mr. Oldfield ,arlig�l*8i e to locate a mobile home as living quarters for himself behind this motel for a period of one year subject to the �y�Op y equirements of the Building Inspector and the Department of Health and the application was not processed by the Planning Advisory Committee; that at that time, Mr. Oldfield had used all available finances in the purchase of ilk !jp the motel and was not in a position to build living accommodations for himself; that Mr. Oldfield has more lj�lle recently been requested by the Legal Department to remove his mobile home and has applied to the Council for an ,fW extension and is asking for special consideration; that this motel is in a "B -2" zone in which a mobile home is F' �7 not a permitted use and under present zoning, permanent placement is, therefore, not permitted; that the Common Council could authorize temporary placement under Section 27 of the Mobile Home Parks By -Law; that the problem is that it would appear that Mr. Oldfield might never be in a position to remove the mobile home (he contends that, if he must remove it, he will be forced to sell the motel to someone with sufficient funds to buy the motel and build a conventional home on the property); that the Committee could appreciate Mr. Oldfield's situation but wondered whether it had the right to permit or recommend the continuance of the use of the mobile home as a place of residence, and this was discussed with the City Solicitor; that it is not possible to permit the mobile home as an accessory building or structure for the residence of the owner and caretaker of the motel - accessory buildings may not be used for human habitation - a mobile home is not a structure within the meaning of the Zoning By -Law - to be a structure it would have to be fixed to the ground and meet the requirements of the Building By -Law; that when the Council permits a mobile home on a temporary basis it may do so for a period not exceeding one year, at the end of which time the mobile home must be removed - presumably, there then would be nothing to prevent an individual from removing the mobile home and then re- applying for temporary permission and Council granting that permission subject to another removal of the mobile home at the end of the new permitted period; that in addition, it would be possible to add to the motel or to convert part of the space for living accommodations for Mr. Oldfield, and the Committee believes that Mr. Oldfield should be advised to erect an ® addition to the motel for his accommodation and remove the mobile home -- be received and filed and Mr. Oldfield be given a three -month extension of time to have his mobile home left on the present site and that he be advised that no further extension be granted after three months regardless of whatever arguments or propositions he presents to the City. 584 On motion of Councillor Kipping Seconded by Councillor Pye • RESOLVED that the letter from Councillor Kipping, advising that since Phis appointment to the Rockwood Park Advisory Board, it has become apparent to him that the timing of the ��� 6 City's Capital Budget consideration is badly out of line with the operational needs of Rockwood Park and IW0 _ J � that projects which should be completed before the park opens for the season have not yet received final 11 K fl AKe approval, though we are well into the season, and the result is that other planning is impeded, construction takes place while visitors are present, and needed facilities are not available when needed; that undoubt- edly, other departments are affected in similar ways by the inappropriate timing of Capital Budget pre- paration, consideration and approval, and all this could be prevented by a change in timing; and recom- mending that it be adopted as policy that the Capital Budget be prepared, considered and approved no later than the end of March in each year, commencing 1976 -- be received and filed and the recommendation adopted. , On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from the Minister of Highways of New Min,.1er i Brunswick advising that the Department of Highways has recently set up a programme for improvements to Provincially designated streets in the City of Saint John and the amount of the project will be $200,000.00 for 1975, and that the engineers of that Department will be in contact with the City in the near future to ' discuss particulars in regard to this work, be received and filed. Councillor Kipping asked if it is known how the above amount compares with the amounts allocated for other communities in the Province. Mr. Barfoot replied that he can attempt to obtain that information. hl9rhw y s / Councillor Kipping requested that the further particulars be provided when they are known so that the Council can pursue the matter. Mr. Barfoot explained that in January of this year the City made application C4%e17C1110r to the Province for a total of $550,000.00 worth, approximately, of assistance for work on the said desig- nated streets in the City that are Provincial highways within the City limits. Councillor Cave expressed X /PP �n9� the desire to discuss, at the time of the Capital Budget meetings, certain items regarding this matter. On motion of Councillor M. Vincent • Seconded by Councillor Cave RESOLVED that the letter from the Minister of Municipal Affairs of New Brunswick advising that the tract of undeveloped land within the City of Saint John contiguous to the Aa/ rs City's northern boundary (recently purchased by the Workmen's Compensation Board) with the Village of Grand Bay, causes him concern since he believes that land can be serviced more readily by the said Village, and �Oot/7dary Ae that the said Village will in all probability install sewer services during the next year or so and this land can be readily serviced by the Village, and further advising that he would appreciate the Common b La� Council's consideration of the feasibility of changing the boundary line between the two municipalities by moving it southerly a sufficient distance to have the property in question fall within the Village of Grand Wo^�-inehs LA�►P Bay, and noting that he understands that some properties on the west side of the highway in the area are �.* Li 1 �� split by the present line and it would appear reasonable in establishing any new line, if one can be agreed upon, to have it follow a property line if possible to avoid confusion in assessing, taxing and registering of deeds -- be referred to the appropriate staff and to the Legal Department for a report back to Council , T before any decision is taken regarding this request. On motion of Councillor MacGowan / Seconded by Councillor Green I RESOLVED that the letter from Mr. John P. Palmer, Q. C. of Palmer, O'Connell, Leger, Turnbull & Turnbull, solicitors for Mr. F. Gordon Carvell and his sisters Mrs. Payne and e O Con�i e/% �e�er TuI?76��� Mrs. Hoyt who, with Mr. Carvell, hold title to the Edward Carvell Estate farm, so called, in the proposed / Saint's Rest marsh conservation area, reiterating these clients' opposition to the proposed re- zoning of T6a�� the said area to a Conservation Zone on the following grounds: (1) that the re- zoning is such as to amount ,,cso» Carve/ to expropriation without compensation; (2) that the Saint's Rest marsh has already deteriorated to the .Eai�� Tay point where it cannot be conserved but must be restored before it can be of any utility for the purposes proposed; (3) that the designation of part of Mr. Carvell's upland as a proposed "buffer zone" is injust 1111.. � and unreasonable - the only reason for such inclusion is that such land or a portion thereof drains towards W e aint's Rest marsh; that as pointed out at the Council meeting of May 26th last, the drainage basin of the '40ew- W Manawagonish Creek comprises several square miles and there is no reason why part of Mr. Carvell's pro- ¢ perty, being less than one per cent of the drainage basin,.would make any material difference to the e.5 G proposed conservation zone having regard to the storm water, sewage and other effluents which naturally flow towards this marsh and the additional sewage, which City plans envisage, will be pumped into the same area from other watersheds - and requesting an opportunity of making further submissions to the Council, G DP7_Te VCW11 Oh orally and in writing, before a final decision is made with regard to this far- reaching matter -- be �Oh P,° received and filed and Mr. Palmer be given permission to meet with Council and make a further presentation in writing. f?e- zor�i�y Question being taken, Councillor Cave voted "nay" to the above motion, noting that the Council Ihas already heard Mr. Palmer at length regarding the above matter, at its May 26th meeting. On motion of Councillor Kipping Seconded by Councillor MacGowan 474 fiGl RESOLVED that the letter from the Community Appeals Review Board Bor/+� Bev/ advising that a procedure has been established for validating fund raising activities in the City of Saint John which the Board believes will cause no hardship or great inconvenience to bona fide fund raising , AMP �Ihs r organizations and that, in fact, after one full year in operation, annual campaigns would almost be auto - fu b rats /•�y matic, and requesting that the City provide the sum of $1,000.00 for the Board's first year's operation and Prpc+ed�c re advising that it is believed that succeeding years will see this amount diminish, be received and filed and the request be granted. Councillor MacGowan commented that the above named Board is very anxious to get on with the job, t the Board is doing an excellent job and has an excellent chairman, that if the Board can operate on budget amount requested she thinks it is to be congratulated, and that it is money well spent. y- On motion of Councillor M. Vincent Seconded by Councillor Hodges #eMeglde a RESOLVED that the letter from residents of Woodside Park, which is a S b i�j sub - division off St. Anne Street in Saint John East, advising of their deep concern that the proposal to j14S %d2/TG S build apartment buildings on the lot in the rear of and adjoining their property with access from St. Anne ff /yyrt�ey/'� Street and that although they are not condemning the proposal they wish that certain measures be taken before the issuing of a building permit, and advising that when purchasing their homes they were told that I I 40 %rye cum% �aeerare� u!� Foster /o* 01/1m�0 loi�oi�rw1le 'Rd. C1079P; Lve /7• U! �3 A • 1 n L A 585 1 there was a common land area in the rear of their complex with trees, in order to allow some privacy and for ;retention of the land, and that on May 26th, 1975 people working for the new property owner came and cut down -every tree on the lot to level the lot for the apartment buildings which means that the said residents are now faced with an area with no trees and a sheer drop of about 45 feet from their lawns to the area below off St. Anne Street; and stating that they are very upset that the area was cut over in this manner with no consideration to maintaining a decent looking community and with no regard to the safety of others and that they are afraid of the dangerous height of the land in relation to the safety of their children and the erosion and eventual loss of property and that they would like to see measures taken by the owner of the new proposed area to build a retaining wall to prevent this happening before a building permit is issued -- and submitting snapshots of the area in question -- be referred to the appropriate staff for study and a report back to Council. On motion of Councillor Pye Seconded by Councillor MacGowan RESOLVED that Mr. Wesley Foster be permitted to speak at this time on behalf of the several residents of this area who are in the audience. Mr. Foster advised of the deep concern of the said residents regarding the site in question which is being developed for apartment buildings, and that the natural slope of this land has been changed in that excavation took place and now there is a drop of between 40 and 50 feet, as noted in the letter from the residents. Councillor Cave asked that Mr. Zides arrange to meet with Mr. Foster and see what can be done to satisfy the sparties concerned, in this situation. Mr. Zides stated that he will do so. Councillor Pye stated that at the request of Mr. Foster he viewed the area and noted that it is in a deplorable condition and that it is extremely dangerous. Mr. Foster stated that this afternoon a bulldozer was in on the building site tearing down the .remaining buffer area and doing further work on the grade of the land. The Mayor advised that a meeting will be arranged between Mr. Foster's group and Mr. Zides. On motion of Councillor Green Seconded by Councillor Cave RESOLVED that the letter from the Lorneville Ratepayers Association, further to Council's consideration on March 24th last to the Association's letter regarding an upgrading pro- gramme for the Lorneville Road at which time the Association was advised that the matter will be considered with the 1975 capital budget which was to be considered in approximately one month's time, enquiring as to whether a definite decision has been reached in connection with the said Road, be referred to the capital budget meetings for consideration. On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that in accordance with the request made by Councillor A. Vincent, he be excused from the Common Council meeting that is to be held on June 23rd next. On motion The meeting adjourned. ommon Clerk. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty -third day of June, A. D. 1975, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt, Pye and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers,'City Solicitor, M. Zides, Acting Commissioner of Community Planning and Development, A. Ellis, Building Inspector, D. French, Director of Personnel and Training, and E. Ferguson, Chief of Police A prayer, which was invoked by The Reverend Doctor D. S. Calkin, minister of Waterloo Street Baptist Church, opened the meeting. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on June 9th last, be confirmed. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on June 16th last, be confirmed. 536 A v ` The Mayor stated that he would like to report the position of the Market Square civic - commercial centre. He stated that progress is continuing on planning for this centre; the last presentation was made . , Oto Council on January 27th, 1975 at which time the City accepted the proposal for the Rocca Group subject • to design changes recommended by the Co- Ordinating Committee of the Partnership; since that time, these �ehtre design changes have been worked out and the revised project, plans and model will shortly be presented; the successful completion of this project is vital for the continuing life of the central business dis- trict of the city and demands very close co- ordination between the developer, the City and other levels /C of government to ensure its success; the Market Square project is more than just a planners' dream - it ngpf`j/ is a symbol of what is going to be accomplished by the public and private sectors working together to make Saint John a better place to live, work and play. He stated that for this project to become a reality, it is essential that this Council is committed to making this development a success - only then, can we convince the Provincial and Federal Governments to make their proper contribution to the project. The Mayor advised that a Brief should be prepared forthwith for submission to the Provincial Government so that their support may be gained substantiating our Federal requirements for funds. He advised that it will only be as the Council and the community become committed to the Market Square project that the library, the theatre, the convention centre and other marks of the progressive and vigorous city would v become a reality. He added that the Market Square civic and commercial centre and the Brunswick Square complement one another in the development of this city. The Common Clerk advised that advertising was completed regarding the proposed re- zoning of an area of land on the east side of Gault Road commencing at a point approximately 100 feet south of Alvic Place and running southerly on Gault Road a distance of approximately 700 feet and having a depth of ✓ approximately 450 feet, from "RF" Rural to "RM -1" up to three- storey multiple residential district �a /6n�i•�� classification, on which area of land Galbraith Construction proposes to construct a 53 -unit townhousing CohC�lOh development, in 9 buildings. Mr. Hugh E. Fitzpatrick of 30 Alvic Place, was present representing the residents of Monte Cristo Park Sub - division, who object to the proposed re- zoning as outlined in the brief submitted by them on May 12th, 1975 (when advertising was made in the first instance and then was found to have been invalid, and the proposed re- zoning was subsequently advertised again). In addition to the said brief, kMr. Fitzpatrick read the following presentation: "We have presented our opposition to this proposal to Council on two previous occasions and, also, twice to the Planning Advisory Committee; now we have F /Oh ��h received a co of the Committee's report to Council. The report seems to be like a 'snow' copy P P job - they • etji have just mentioned those objections that the developer can do something about; the first objection that re'X 0"l hq ✓ we raised in our report was with regard to 'spot' re- zoning and changing the character of the area; in their report the Committee puts in a provision - provision Number 2 - that the question of improving the Gault Road and constructing a sidewalk along it be considered for capital budget. We would like to know if any City staff have looked into this before Council gives its approval. At the last Council meeting that we attended, the Committee recommended that a particular development not be approved because it did not add to the continuity of the area: this is exactly one of the points which we tried to make to them - but what seems sauce for the goose does not seem to be sauce for the gander. Since our last appearance here at Council, there has been another development brought to light just a week ago when this Council went on record as supporting the immediate providing of an exit from the Saint John Throughway to the Gault Road. In this evening's Times - Globe, it is made public that the Saint John Harbour Bridge Authority has asked the Provincial Government for the same thing. This is going to make for a 'nice, quiet, residential area'. The Committee seemed to suppose that we just wanted some changes in the development - we are opposed to the whole concept of this type of housing in an area for single dwellings." Mr. Fitzpatrick noted that in the May 22nd, 1975 report of the Planning Advisory Committee, the Comm'ttee makes certain sort of stipulations. He asked how those stipulations are enforced. In reply, Councillor Kipping stated that Section 39 of the Community Planning Act covers that. Referring to the details of the said Committee letter, Mr. Fitzpatrick noted that it states that "the maximum number of trees are to be left,in the area adjoining Alvic Place" - he asked how is that decided, and noted that when the tree is cut down you cannot put it back, after the fact: how are those things decided? Councillor Kipping pointed out that this proposed re- zoning was advertised with the understanding that the re- zoning is to be pursuant to a resolution and agreement under Section 39 of the Community Planning Act tying the development to the layout shown on the attached print and to conditions detailed in a report of the Planning Advisory Committee dated May 22nd, 1975 - so it is all done in a legal agreement, under a statute. Mr. Fitzpatrick asked how "a maximum number of trees" and things like that, are decided - who decides what is the maximum number? Mr. Zides, in reply, stated he believes you would have to cut out the scrub and clean out the trees that are leaning and falling over now - that is basically it. • Councillor M. Vincent asked that Mr. Fitzpatrick specify what other objections the residents have to the proposed re- zoning, over and above the five objections listed in their presentation made to Council on May 12th last. Mr. Fitzpatrick replied to this request, stating that, specifically, they do not think that there should be townhousing there - it should be single - family housing for the continuity of the area. Councillor Gould discussed the point that there is room for a mixture of housing types within the city limits, and in agreeing with this point, Mr. Fitzpatrick stated that there should be all types of housing in this city, but that he does not think you should ruin one area by putting one type of housing up against the other. Councillor Gould made the point that it is impossible not to abut one type of housing against another. In reply to Councillor MacGowan's question as to whether these residents are requesting that the City provide sidewalks all the way down the Gault Road, Mr. Fitzpatrick stated they would like them to be constructed wherever people have to walk. At this time, the Council members confirmed to the residents that the Throughway exit to which Mr. Fitzpatrick had referred is not going to cross the Gault Road and would not be right in that area, as it is believed this exit would connect -- directly with the Martinon cut -off road. Councillor MacGowan asked: if the five conditions set forth at the end of the May 12th presentation from these residents were met, could these residents live with the Galbraith townhousing development, then? Mr. Fitzpatrick noted that the residents are going to have to live with whatever decision the Council makes, but they prefer single dwellings there, but it is the Council's decision to make. ,Councillor Davis noted that what is being talked about regarding the pro- posed townhousing project is 20 units because if single - family dwellings were built in the same space there probably would be 30 or 31 units that would go in there and the developer could build all such single family units the same - whereas, in .a situation like this, where special zoning has to take place, it is possible for the Council and for the community to design a very nice project there - so, we are - talking about 20 additional families for that space, really, and he does not think that 20 additional families will make such a tremendous impact on that neighbourhood. He made the point that the more the Gault Road is improved, it will mean that you are inviting more traffic to use that road and you are inviting trucks to take short -cuts through that area, and this has to be carefully thought out. Coun- cillor Davis pointed out that 31 single - family dwellings on this space would have quite an impact on the existing sewage disposal system, and on traffic. Councillor Parfitt commented that the only way a lower or medium income person can afford a home today is the townhousing concept because the cost of land makes it prohibitive for them today to afford a single - family home. • Helen Perkins, who has been a resident of the said area for nine and one -half years, stated she fle %n ;Prrkl�Vs considers herself one of the middle- income persons, and that this is an area where one must have a car - in fact, most people in this area are forced to own two cars because they do not have a bus service. She noted that there would be at least 53 children in the 53 families that are proposed in the townhouse I In reply to Mr. Shaw's question as to where the sidewalk would go in the Monte Cristo Park Sub - division, ' �SxWewca`r and the boundaries of that Sub - division, the Mayor suggested that this information can be mailed to Mr. Shaw. n O� Mr. Vernon Spear, Secretary of Galbraith Construction Ltd., read the following statement in support of the requested re- zoning:- "The proposal before you now is aimed at providing at least a partial solution to one / of the city's most urgent and persistent problems - the provision of moderately priced housing. We were aware �j�16�/ev7 at the outset that we would meet some opposition through local residents upon trying to introduce town houses to Co�s�e¢ an area which, to date, is solely single - family dwellings. We are also aware that we would have met the same type of opposition in nearly any residential area; however, during the last six to eight months, we have been trying unsuccessfully to locate a suitable area in which to build our proposal, and as a result, decided the Gault Road land was the only reasonable solution. We have taken every economically feasible step to make the project attractive, acceptable and complementary to the surrounding area. We would suggest to you that if Saint John is going to catch up on its housing needs we will have to provide suitable land for development such as this or, alternatively, encourage and, indeed, promote the rezoning of available parcels of land so that pro- jects such as ours can get under way. ". • Councillor MacGowan asked if it is possible, and would Galbraith Construction Ltd. consider that 20- foot green area dividing the two developments. Mr. Spear stated he does not know if it is possible - but if it is, the company will do it; if the green area of trees if 20 feet deep, the company will leave the said green area that depth. He felt it would be more feasible for the company to plant bushes, rather than trees, to replace any trees that have to be removed because they are falling over. In reply to Councillor Kipping's question as to how many parking spaces would be provided for the proposed town houses, Mr. Spear stated that the plan shows 67 or 68 parking spaces for the 53 housing units, and this number meets the requirement of the by- law. In reply to Councillor Green's question, Mr. Spear confirmed that the company will put in a sewage treat- ment unit that is large enough to, and will, carry the effluent from this proposed housing development - he ' added that it will be large enough to carry more than the volume of effluent that it will carry; the company has already discussed that plant with the Works Department of the City. On motion of Councillor Gould Seconded by Councillor Davis RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of /� The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land on the east 1 - 20h4O7 side of Gault Road commencing at a point approximately 100 feet south of Alvic Place and running southerly on Gault Road a distance of approximately 700 feet and having a depth of approximately 450 feet, from "RF" Rural ' (sarJ f7 district to "RM -1" up to Three - Storey Multiple Residential district, be read a first time. Councillor Green stressed the fact that the Council is;facedyrwith',therfact that it must support the development of housing in this city to meet the demand that is occasioned by population growth that is occurring in our city, otherwise the development of housing in areas beyond the boundaries of the City of Saint John is being furthered because the cost of housing in Saint John is prohibitive. He.noted the fact that the Federal Government is making grants available to private developers in the construction of housing developments. He felt that in order to justify the expenditure to improve the Gault Road, we have to have more housing developed in the area of that Road. Councillor Pye stated that he fully appreciates the dire need for housing at this It ime, but we must not lose sight of the fact that the residents of the area in question also have rights, and we • ust make doubly sure that the developer meets all the requirements requested by them in order to make it a good community. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Thereto ". project, and she asked where would these children play - there are no playground facilities there or nearby; • there is no bus service for the children, there is no sidewalk and there is a 40 m.p.h. speed zone. ;%p Ypot � Mr. Roy D. Shaw, a resident of the Gault Road, made the complaint that at the present time there are -holes in this road coming up from the South Bay highway to the tracks - trucks drive over these pot -holes every day and these holes are never filled in - and the road is all broken down, up around the tracks, up around ge the road. He stated that his concern is that his home be serviced with water and sewerage - he is not concerned with getting a sidewalk on the Gault Road. He asked for a definite answer as to how far the sidewalks are going to be constructed, and where they are going to be constructed - and for an answer as to where the water and sewerage lines are going to be installed in this area. He stated that at the present time, he has no water and sewerage services, and no fire and police protection. In reply, the Mayor noted that at today's Capital Budget meeting a sum of money was voted to make a study of what could be done to better suit that piece of road - the ' money will be set aside for this purpose; when that study is completed, we can tell the residents what programme we will follow. In reply to Mr. Shaw's question as to which of the services would be provided first on his own section of the Gault Road - water and sewerage, or a sidewalk - the Mayor noted that this would have to be worked out. Councillor M. Vincent pointed out that there is fire and police protection for this area. Mr. Shaw replied that you might see a squad car driving by, and he has been complaining to the Police Department about the speeding that takes place on the Gault Road on the turns and in front of his house alone there have been several accidents since 1972, but you never see a squad car there taking a radar check. The Mayor noted that the present matter before Council is that of zoning, and that Mr. Shaw if he so wishes can make a presentation to Council at another time pertaining to water and sewage services. ' Mrs. William Hutton pointed out that if 53 more housing units are put in the area the problem is going /1�➢p� ��� to be greater; she pointed out that some parts of the Gault Road, which is a narrow road, have been dug up now hl(6bzv.P for two years and the condition is deplorable for the people living there in new houses - this road will hardly take two -way trafic, and so, the road would have to be improved should more development take place within this area. She noted that the children in the area have to go to one location on the Gault Road (at the entrance of '51 e4val"1 Alvic Place) to be picked up by bus which means that a number of them have to walk to this pick -up point, and this is why the residents would like a sidewalk in front the I%Ade(.I'/� of existing homes at Monte Cristo Park which runs a AbC/r distance down the Gault Road - they are not saying they want a sidewalk the full length of the Gault Road, but just within the said Monte Cristo Sub - division. She made the point that those coming off the Throughway, who live at South Bay, Acamac and Ketepec, will surely use the Gault Road in order to reach the River Road; if this • road is improved, these people will naturally take the direct route from the Throughway and go down the Gault Road to the River Road. She felt that this would be a problem within a two -year period. She felt that all these factors will lead to more traffic in the said area. She felt that the proposed re- zoning should not be proceeded with. Mr. Roy Carleton, a four -year resident of Monte Cristo Park Sub - division, advised that when he built in this area he was guaranteed that the Gault Road was a single- and double - family area, and now it is proposed that townhousing (which is multiple dwellings) be located in the area. He maintained that the sewage system out OMsGe there is not adequate for the townhousing. In reply to that statement, the Mayor noted that the developer guaranteed that he would put his own sewer system in, and this would be a separate sewer system entirely from the existing sewer system out there, and it would take the load off the sewer system that now exists. In reply to Mr. Shaw's question as to where the sidewalk would go in the Monte Cristo Park Sub - division, ' �SxWewca`r and the boundaries of that Sub - division, the Mayor suggested that this information can be mailed to Mr. Shaw. n O� Mr. Vernon Spear, Secretary of Galbraith Construction Ltd., read the following statement in support of the requested re- zoning:- "The proposal before you now is aimed at providing at least a partial solution to one / of the city's most urgent and persistent problems - the provision of moderately priced housing. We were aware �j�16�/ev7 at the outset that we would meet some opposition through local residents upon trying to introduce town houses to Co�s�e¢ an area which, to date, is solely single - family dwellings. We are also aware that we would have met the same type of opposition in nearly any residential area; however, during the last six to eight months, we have been trying unsuccessfully to locate a suitable area in which to build our proposal, and as a result, decided the Gault Road land was the only reasonable solution. We have taken every economically feasible step to make the project attractive, acceptable and complementary to the surrounding area. We would suggest to you that if Saint John is going to catch up on its housing needs we will have to provide suitable land for development such as this or, alternatively, encourage and, indeed, promote the rezoning of available parcels of land so that pro- jects such as ours can get under way. ". • Councillor MacGowan asked if it is possible, and would Galbraith Construction Ltd. consider that 20- foot green area dividing the two developments. Mr. Spear stated he does not know if it is possible - but if it is, the company will do it; if the green area of trees if 20 feet deep, the company will leave the said green area that depth. He felt it would be more feasible for the company to plant bushes, rather than trees, to replace any trees that have to be removed because they are falling over. In reply to Councillor Kipping's question as to how many parking spaces would be provided for the proposed town houses, Mr. Spear stated that the plan shows 67 or 68 parking spaces for the 53 housing units, and this number meets the requirement of the by- law. In reply to Councillor Green's question, Mr. Spear confirmed that the company will put in a sewage treat- ment unit that is large enough to, and will, carry the effluent from this proposed housing development - he ' added that it will be large enough to carry more than the volume of effluent that it will carry; the company has already discussed that plant with the Works Department of the City. On motion of Councillor Gould Seconded by Councillor Davis RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of /� The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land on the east 1 - 20h4O7 side of Gault Road commencing at a point approximately 100 feet south of Alvic Place and running southerly on Gault Road a distance of approximately 700 feet and having a depth of approximately 450 feet, from "RF" Rural ' (sarJ f7 district to "RM -1" up to Three - Storey Multiple Residential district, be read a first time. Councillor Green stressed the fact that the Council is;facedyrwith',therfact that it must support the development of housing in this city to meet the demand that is occasioned by population growth that is occurring in our city, otherwise the development of housing in areas beyond the boundaries of the City of Saint John is being furthered because the cost of housing in Saint John is prohibitive. He.noted the fact that the Federal Government is making grants available to private developers in the construction of housing developments. He felt that in order to justify the expenditure to improve the Gault Road, we have to have more housing developed in the area of that Road. Councillor Pye stated that he fully appreciates the dire need for housing at this It ime, but we must not lose sight of the fact that the residents of the area in question also have rights, and we • ust make doubly sure that the developer meets all the requirements requested by them in order to make it a good community. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Thereto ". �e -zoai yid �oii.5z`�uc�ioh ��- �ohih9 Adj�a �fQ C /u6 /rl�.s. G'eore e ��i�joN �r»rs /anel /o�S o yposi•�y re -.Z o /7 i h9 On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land on the east side of Gault Road commencing at a point approximately 100 feet south of Alvic Place and running southerly on Gault Road a distance of approximately 700 feet and having a depth of approximately 450 feet, from "RF" Rural district to "RM -1" up to Three- Storey Multiple Residential district, be read a second time. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". The Common Clerk stated that with regard to the application from Chisholm Adjustment Ltd. for re- zoning of the property located at 186 Adelaide Street to Light Industrial classification so that the present building can be converted to a private club which would offer private conference rooms, ancillary meals and a forum for meetings, conferences, et cetera, the necessary advertising was completed, and that the Council has received letters expressing objection to the re- zoning. Mrs. George Stockford of 180 Adelaide Street, spoke on behalf of the landlords whose brief outlining sixteen reasons for their objection to the proposed re- zoning is now before Council. She relayed the following questions on behalf of a lady who was born and brought up in Saint John, and who has asked these questions:- is this a "spot" re- zoning for 186 Adelaide Street only or does it mean the whole area will be re- zoned? if this is to be a "spot" re- zoning, what is to prevent other enterprises from applying for a "spot" rezoning and, if so, would they be refused? why should this specific application be granted permission to operate a club in a residential area? Regarding the sewer, she stated that it is understood that the present building at 186 Adelaide Street was erected over a main sewer line; up to the time of erecting this building permission to build on this site had been refused on account of the sewer line - they would like to know what arrangements were made regarding the sewer and whether they had been recorded. She stated that they would like to question the names that Mr. Chisholm presented, and they would like to know if all the names on the list Mr. Chisholm presented are strictly landlords - also, why did only some of the landlords receive letters, and others were left out; why should the Planning Advisory Committee accept a list of names before checking to see if they are all landlords? She stated that the landlords understood by the letter that the re- zoning application was directed to landlords only. The Reverend Canon H. C. Quinn, rector of St. Luke's Church on Main Street, advised that Mr. p{ev. Cano�il/'C. Chisholm some time ago asked if he would object, and he said he would not, not if the property owners did not object, and Mr. Chisholm presented some papers to him which indicated that the property owners in that area were not objecting - in fact, by their signature they were indicating that they would not object; acting on this information from Mr. Chisholm, he told Mr. Chisholm he would not object. He stated that Mr. Chisholm was obviously in error, because Canon Quinn finds that he is here at this meeting because the people who do live in this area - and he has checked their petitions and street numbers vis a vis their locations regarding 186 Adelaide Street, and he finds them to be in direct contradiction to that which Mr. Chisholm had presented to him. He stated that, therefore, he feels he must object because he feels that since he lives with these people and is part of this community, and he believes the property owners have a right to object to this occurring next to their doorstep, and he joins with them in an objection. He commented that the application is obviously an effort to salvage an error in judgement on the part of the applicant. He pointed out that this property was re -zoned within the past year for the present applicant for another purpose. He advised that what Mrs. Stockford has said in her brief is true: that any time you open an establishment in which you sell alcoholic beverages it is a corollary and those who are in the business of treatment know that the more outlets that you have the more alcoholic beverages you sell and the more problems you have in your community. Mr. R. J. Gillis, Barrister, acting on behalf of the re- zoning applicant, advised as follows: - //� s the main thing he notes is the concern about alcohol - the application is not necessarily directed towards CC.• the consumption of alcohol - what they are seeking is re- zoning to permit a private club to be built on these premises - this club would be along the lines of the Union Club; if Juwil Holdings wanted to open a tavern or a cabaret it would not be necessary to come before Council and seek re- zoning because they are permitted that use in a "B -2" district under the Zoning By -Law - all they would have to do would be to change the use; in applying for the change of zoning to an "I -1" district they are requesting that they be allowed to operate as a private club - they have premises there which, prior to being taken over by Mr. Chisholm, were boarded up and vacant - prior to that they were operated as a take -out facility, and prior to that,.as a gasoline station; these two previous ventures have been unsuccessful and Mr. Chisholm has spent in the vicinity of $125,000.00 in renovating these premises, making the building the most attractive building in the area - this building was built with the contemplation of operating a drive -in claims service but this concept did not prove as viable or-successful as Mr. Chisholm had hoped, and with the Province coming in with no -fault insurance this will put a lot of insurance adjusters in jeopardy of losing their jobs - so, looking ahead, Mr. Chisholm is seeking to change the use of the building to something which would be an asset to the community, and at the same time, not be in a position to have the building boarded up and vacant again for a great many years. He advised that Mr. Chisholm is seeking to have a private club wherein the membership is restricted to the business community of the city; alcohol is not the main item that the club intends to provide. With regard to the matter of traffic that was brought up, he advised that Mr. Chisholm has a paved parking lot which will accommodate 60 cars which he feels is sufficient in number for a club, at any one time - if there were more people, there is a parking lot right behind Simpsons -Sears which will accommodate any number of cars. With reference to the mention by Mrs. Stockford's brief of a petition bearing 1,000 signatures of persons against the establishing of a liquor outlet at Metcalf and Adelaide Streets, Mr. Gillis made the point that the said petition was directed towards another item and not the application in question, and that if there is a petition it should be directed towards the present item and the signatures should be the signatures of those opposed directly to this item. He advised that Mr. Chisholm contacted the people in the buildings adjacent to his premises, on both sides, and he asked the people whether they were opposed to this application and a petition was submitted to the Planning Advisory Committee wherein twenty -three people - the tenants, the people that would be actually most affected by this operation - submitted that they had no objection; he believes that one person did say he would object to it. He stated you can talk about landlords, but he thinks that the Council is more concerned with the people actually affected, and not absentee landlords. He stated that his only concern, on behalf of his client, is that if zoning is not permitted for the requested use, it is very probable that this business will cease operation in these premises and you will have a vacant building - another place for vandalism in this area, and no business assessment will be picked up on the building because there will not be any business - and this will help nobody - in fact, it will hinder people. He explained that the sewer easement regarding the sewer line that runs across this property, does not run underneath the building - it is in the parking lot adjacent to the building - he feels that this easement matter is of no consequence. He stated that in view of the foregoing items, he would request that the Council give favourable consideration to this proposed amendment considering that it is private club - someplace where membership is controlled and where alcohol is not the main item. He suggested that if there are objections about the consumption of alcohol, he thinks that they had best be raised before the Liquor Control Commission who would have the final say as to whether the applicant would get a license or 0 • F, 5Sg Councillor M. Vincent asked whether Mr. Chisholm and Mr. Gillis have met with those who submitted the • brief in opposition to the proposal, and discussed in detail what the exact proposal is that Mr. Chisholm is suggesting, and if there has been any flow of communication between the parties. Mr. Gillis in making negative reply, stated he was not aware there was a petition until he arrived at this meeting of Council. He added that his client and he have no objection to meeting with the petitioners. • J i • /7 e—, C6iis/io %n �%aljusf- In e jes /S Gds /J C /ax In reply to Councillor Hodges' query regarding loss of money by Mr. Chisholm in the present use of this property, and how much money he estimates he would lose in the future, and the Councillor's comment that he looks askance at this present request for re- zoning which is being made in less than a year since the previous re- zoning,for Mr. Chisholm which took place after an argument, Mr. Gillis advised that he understands that the first two months after commencing operation there the business picked up but the revenues thereafter have suddenly decreased, and he understands that it is not really a viable operation. Mr. Chisholm supplied infor- mation showing that this business operation is very small, and stated he did not foresee this happening when he went into that business operation. Councillor MacGowan recalled that she had opposed the change in zoning to permit the drive -in auto claims service because she was concerned about the traffic there. She noted that the applicant for the proposed re- zoning has advised that the premises are readily adaptable to the concept of using the same for a private club in that there are rooms presently appointed and decorated for private conference rooms, for restaurant facilities, large open areas suitable for couches, chairs and tables ... and stated she does not know why the premises would be already planned for restaurant facilities in an insurance business. Mr. Gillis explained that it was not planned for restaurant facilities but there are four average -size offices and one very large one and adequate toilet facilities to meet the standards of the Liquor Control Commission and a very large open office space for general secretarial staff - the only item you would have to complete would be the kitchen facility but with the electrical entrance and the services there it would not be at a substantial cost - the basic renovation is there. Councillor MacGowan• felt that Mr. Chisholm has done a beautiful job on renovating the building, but she still cannot support a club in that area; she thinks that we have found that in a residential area certain clubs do create a problem - this may be the very best club in the world - on the other hand, it may not be, and this is what the Council has to protect. She stated that she feels that residential areas are not the places for clubs. Noting that a previous business at 186 Adelaide Street (the take -out food facility) failed and that Mr. Chisholm's present business is not going so well, Councillor Davis asked what indication Mr. Chisholm has that the premises will be successful as a private club, and if there has been any indication that there will be 100 or 150 members - or will the exercise be gone through of getting a guarantee that the club will not be a disturbance in the neighbourhood, and then the club fold, and the property be handed over to some other entre- preneur who is not quite the same man that Mr. Chisholm is. Mr. Chisholm replied that from talking with friends around town who do not have a club to go to, it was their recommendation to have a club that he followed. He stated that his friends want such a club where they can meet. Councillor Davis noted that there are clubs in other cities which are places in which to meet and have meals (and where liquor is served) and take business associates, and where you can have business conferences in the same building. He stated he feels that such a club should work in Saint John and that this city requires such a facility, but this particular neighbourhood is against having such a club. He pointed out that, normally, in Saint John a club deteriorates; we do not have a good club in Saint John - all these developments have died and there is no place, really to go - these clubs start off very nicely. He stated that from the experience he has had and from what he has seen in Saint John he personally feels that the same thing will happen with Mr. Chisholm's proposed club and he can appreciate the concern of the neighbourhood - although, the City requires a club of this nature. He commented that if the building at 186 Adelaide Street becomes vacant, the vandalism in that area will move down another block. Mr. Chisholm stated he feels that the vandalism at present is confined to Main Street. He advised that he has not experienced any vandalism at 186 Adelaide Street. Councillor Kipping asked if it would not be possible to get some professional people in the said building under its present zoning classification - doctors, dentists, lawyers, engineers, architects, government offices, insurance underwriters, and people like that. Mr. Chisholm made reply that he had not taken any action along this line. Councillor Kipping stated he is concerned that if the requested re- zoning were granted and the club were not to succeed then the property would be zoned for Industrial classification and perhaps any number of undesirable businesses or industries or endeavours could move in without the necessity of going through the re- zoning procedure which is specifically designed to prevent undesirable things happening. Mr. Gillis pointed out that they would ask for the property to be re -zoned with the specific restriction for the use as a private or fraternal club only, so you will not have that problem. At this time, Mr. Zides explained what businesses are permitted under "B -2" and "I -1" zoning classifications, as related to this particular site. With regard to the present zoning classification for the site, Mr. Zides advised that a doctor's office might be permitted in this building, simply by means of a Council resolution rather than going through a change in the zoning. Councillor Green enquired as to how Mr. Chisholm would select the membership for the proposed club. Mr. Gillis replied that it would be basically of a restrictive nature - there would be a constituion set up for the club and there would be a membership committee which would screen all applicants and this would keep out the people who would not be the most desirable type of person to frequent a premises in such an area; that is why they are not applying for a tavern, which is wide open to anybody; this is a screening process and it is des- igned in view of the cost of the structure to the business community; if approval is given for the re- zoning, Mr. Chisholm would start inititating proceedings to gather some members once the constitution would be set up, and that nucleus itself would form the membership committee, and take it from there. Councillor M. Vincent asked if the information that has come to light at this meeting has cast any difference on the thinking of Reverend Canon Quinn or Mrs. Stockford on their objections in hearing the type of establishment that is proposed, how it might or might not be operated, and if they have any different thinking, and if a meeting with the applicant would be of any benefit before the Council votes on the application. Mrs. Stockford replied that nothing that has been said here tonight would change the opinion of the petitioners. Canon Quinn stated that his opinion remains the same, and that if anything, he is a little more vague now as to what constitutes the membership. Councillor Pye pointed out that the trafficcongestion will be greatly worsened in the area under discussion if the club were located there and that children's lives would be placed in jeopardy as a result of the added congestion, in that general area where children are given to play, and that property values would be downgraded. He felt that, in addition to that, the Council should not hesitate to render a decision in view of the fact that less. 3 than two months ago upwards of 1,000 names were submitted on a petition which proved very unquestionably that they were strongly opposed to a liquor outlet in the general area of North End; he felt that that in itself, should enable the Council to make up its mind. On motion of Councillor Kipping Seconded by Councillor Green RESOLVED that the matter be laid on the table until Mr. Chisholm has had an opportunity to investigate what other opportunities he may have under the existing zoning for use of the premises at 186 Adelaide Street. 590 Question being taken, the motion was lost, a tie vote having been created with Councillors Kipping, Green, Parfitt, Pye and M. Vincent voting "yea" and the Mayor and Councillors Hodges, Gould, Davis and MacGowan voting "nay ". • On motion of Councillor MacGowan Councillor Davis noted that the report of the Building Inspector describes this building as being badly deteriorated, and that it is not just a case of tearing off the peak of the roof and putting a flat roof on; he noted that in order to make anything at all of this house you would probably have to clear it right down to the studs and joists. Mr. Mabee advised that he would like time in which to det- ermine whether it would be more economical to destroy this building and build a new one or whether it would be more feasible to repair the existing building - if it is more feasible to do so, then he would repair it. Mr. Ellis explained that Mr. Mabee purchased this building since the notice to appear at this .eeting went out to Mr. Grant - he bought it only a few days ago. Councillor M. Vincent asked if Mr. abee, when he purchased this property, was aware of the correspondence between the City staff and Mr. rant. Mr. Mabee replied that he was aware that Mr. LeBreton was tearing his building down, and he was lso aware of the notice received by Mr. Grant from the Building Inspector's department requesting that ' he building be demolished in its dilapidated condition, at the time he purchased the property from Mr. rant. He advised that he purchased the property from Mr. Grant on Thursday, June 19th, 1975. In reply to the Mayor's question as to whether this building can be repaired, Mr. Ellis stated hat he understands from quotations received by Mr. Grant that it would cost upwards of $45,000.00 to fix p this building; he noted that you could almost tear the present building down and build a new one, in is opinion, for that amount of money. He stated that it has always been his stand that unless the house s completely deteriorated it can be rehabilitated; the question is the feasibility as to whether the xpense would be advisable or not. , On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that notice having been given to James Grant, being the owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building 6l C" located at civic number 131 Ludlow Street and 172 Duke Street (corner), in the City of Saint John, re- .%w?meS 7w"-& questing that the said owner appear before this meeting of the Common Council to show cause why the said m //ud /O� building should not be removed or destroyed as a dangerous or dilapidated building, and having considered n he report of the Inspector of Buildings; the Common Council hereby deems and declares the said building .2.1%�,+ e ocated at civic number 131 Ludlow Street and 172 Duke Street (corner), in the said city, to be dilapidated • ynd dangerous: AND BE IT FURTHER RESOLVED that the said James Grant is hereby required to remove or destroy the building situated at civic number 131 Ludlow Street and 172 Duke Street (corner), in the City of Seconded by Councillor Pye RESOLVED that the letter, dated June 18th, 1975, from the Planning /7O�m Advisory Committee, recommending that the property at 186 Adelaide Street currently occupied by Chisholm (• Adjustment Ltd. be re -zoned from "B -2" General Business district to "I -1" Light Industrial district Re— Xoni 179 pursuant to a resolution under Section 39 of the Community Planning Act limiting the use of the property to a drive -in auto claims service and a private club, and supplying information regarding the application i�s�,tts�/rl�rit for re- zoning and correspondence received by the Committee pertaining to the proposed re- zoning - be received and filed and the said recommendation be rejected and the proposed re- zoning not be proceeded , with. Question being taken, the motion was carried with the Mayor and Councillors MacGowan, Pye, Parfitt, Kipping, M. Vincent, Gould and Hodges voting "yea" and Councillors Davis and Green voting "nay ". Councillor Green had stated the view that a club, strictly supervised, would be an asset to the community and that he knows that Mr. Chisholm would have an establishment that would be compatible with the area, and that he would support the proposal on that basis. On motion of Councillor M. Vincent ' Seconded by Councillor Hodges RESOLVED that the petition expressing opposition to the proposed re- zoning of 186 Adelaide Street to "I -1" Light Industrial classification to permit the establishment of a i/9 oi6oi�e private club, be received and filed, together with the letter from the North End Women's Christian Tem- re- zohirl9 perance Union which also objects to the said proposed re- zoning. /YO/'e-A Councillor Pye withdrew from the meeting. Notice had been given to Mr. James Grant to appear before this meeting of Council to show cause, V/7% OI7 if any, why the building located at civic number 131 Ludlow Street and 172 Duke Street (corner), of which he is the owner, as appears by the records of the Registrar of Deeds for the County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Robert Mabee was present, ad- vising that before he tears down this building, he would like to know what he could build on this lot, and that if he cannot build anything there, he would like to repair the building. Mr. Zides replied that he believes this lot is zoned for "RM -1 ", which is up to Three - Storey Multiple classification; he understands �j from the Building Inspector that the size of the lot is 5,149 square feet; he stated that with that lot size you have a variety of combinations of apartments that you could build - he would be glad to work this out with Mr. Mabee afterwards, if he would like. Mr. Mabee asked whether he has to tear the building down right away, or how much time does he have in which to ascertain what he can do regarding this building. Mr. Ellis advised that this matter was brought before the Council at this time because the building in question is a fire - ravaged building and it is considered dangerous and dilapidated. In reply to Councillor Hodges' question as to what demolition work is now taking place on Ludlow ' Street, Mr. Mabee advised that Mr. LeBreton is tearing down his building which is adjacent to the building under discussion (it was also damaged in the same fire). Councillor Hodges asked how Mr. Mabee is going to salvage the building, particularly the ell on Duke Street which is in bad shape. Mr. Mabee replied that the building was only burned a bit at the top and if he were permitted to repair the building he would tear that top off and put a flat roof on, if that is possible, and re- shingle the building. He did not feel that the ell in question looks that bad. Mr. Ellis explained that the fire - damaged building which Mr. LeBreton is demolishing now, and the building under discussion, are both situated on the same lot. At this time, the Council members viewed pictures of the building at 131 Ludlow Street and 172 Duke Street, provided by the Building Inspector. Councillor Davis noted that the report of the Building Inspector describes this building as being badly deteriorated, and that it is not just a case of tearing off the peak of the roof and putting a flat roof on; he noted that in order to make anything at all of this house you would probably have to clear it right down to the studs and joists. Mr. Mabee advised that he would like time in which to det- ermine whether it would be more economical to destroy this building and build a new one or whether it would be more feasible to repair the existing building - if it is more feasible to do so, then he would repair it. Mr. Ellis explained that Mr. Mabee purchased this building since the notice to appear at this .eeting went out to Mr. Grant - he bought it only a few days ago. Councillor M. Vincent asked if Mr. abee, when he purchased this property, was aware of the correspondence between the City staff and Mr. rant. Mr. Mabee replied that he was aware that Mr. LeBreton was tearing his building down, and he was lso aware of the notice received by Mr. Grant from the Building Inspector's department requesting that ' he building be demolished in its dilapidated condition, at the time he purchased the property from Mr. rant. He advised that he purchased the property from Mr. Grant on Thursday, June 19th, 1975. In reply to the Mayor's question as to whether this building can be repaired, Mr. Ellis stated hat he understands from quotations received by Mr. Grant that it would cost upwards of $45,000.00 to fix p this building; he noted that you could almost tear the present building down and build a new one, in is opinion, for that amount of money. He stated that it has always been his stand that unless the house s completely deteriorated it can be rehabilitated; the question is the feasibility as to whether the xpense would be advisable or not. , On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that notice having been given to James Grant, being the owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building 6l C" located at civic number 131 Ludlow Street and 172 Duke Street (corner), in the City of Saint John, re- .%w?meS 7w"-& questing that the said owner appear before this meeting of the Common Council to show cause why the said m //ud /O� building should not be removed or destroyed as a dangerous or dilapidated building, and having considered n he report of the Inspector of Buildings; the Common Council hereby deems and declares the said building .2.1%�,+ e ocated at civic number 131 Ludlow Street and 172 Duke Street (corner), in the said city, to be dilapidated • ynd dangerous: AND BE IT FURTHER RESOLVED that the said James Grant is hereby required to remove or destroy the building situated at civic number 131 Ludlow Street and 172 Duke Street (corner), in the City of r • 6czi /alia9 .�qui��rrt re C'6! OA-ffe/ Caeace, aCtd Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: AND BE IT FURTHER RESOLVED that upon failure of the said James Grant to remove or destroy the said building situate at civic number 131 Ludlow Street and 172 Duke Street (corner), in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said James Grant. Notice had been given to Mrs. Myrtle H. Mitton to appear at this meeting to show cause, if any, why the building located at the rear of civic number 130 Waterloo Street, of which she is the owner, as appears by the records of the Registrar of Deeds for the County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mrs. Mitton advised that she knows that the building in question needs to be repaired and that she would like to have permission to renovate, if possible - if not, she would like permission for the building to be left there and used as a storage building - one reason for this request is that the building at the rear of her building is a very unsightly building - in fact, there are two or three buildings at the back of her building which are very unsightly - another reason is that she does not have the money for demolition which she under- stands is quite costly. She stated that should her building be demolished by the City she would like to know what she can put there - would she be permitted to build another building, or would this demolition result in just a big vacant lot, which could be frequented by drunks of the surrounding commercial area. She stated she brought pictures to show the Council what her building looks like and what, if her building were taken down, it would look like from Waterloo Street. Mr. Zides asked how many families live in the other building on the property. Mrs. Mitton stated that there are five families. Mr. Zides commented that according to the size of Mrs. Mitton's lot, he would say none (leading up to this conversation between Mr. Zides and Mrs. Mitton, the Mayor had asked Mr. Zides to explain to her what could be built there, under the present zoning). Mr. Ellis called attention to the fact, that his report to Council regarding the condition of this building goes back to May 6th, 1968. He advised that the building has been in that condition since 1968 and it has pretty well settled down now - the foundation is all gone and the building is now about one foot into the ground - the front door cannot be opened because the building has warped so badly. He stated that he does not believe the building could be rehabilitated in view of its condition. During further discussion, Mrs. Mitton advised that she has owned this building since about 1958; the correspondence from the Building Inspection department in 1968 regarding the building would have been received by her husband, who looked after everything - he died in 1970 and since then, she has been trying to look after the property herself; she received the October 4th, 1974 letter from the Building Inspection department concerning the building and in reply to that letter she got in touch with Mr. Ellis from that office - she went personally to that office, but did not write a letter. She explained that her purpose in going to that office was because she wanted to get some work done on the building; her son negotiated on her behalf with the Building Inspection office in this regard - the work started in March of 1975 - this matter all came to light again when the Building Inspector saw meters on the side of her house which the electrical engineer had a permit for; this all came to light since the previous time when her husband received the 1968 correspondence from the Building Inspection office. She stated that she obtained a building permit for the repairs that started in March, 1975• In clarifi- cation of this matter, Mr. Ellis advised that the building permit to which Mrs. Mitton refers was applied for on the main house - the front building - and not on the building under discussion; the reason a building permit was obtained was that it was discovered Mrs. Mitton had not obtained a building permit and she was made to apply for it, on the main house; Mrs. Mitton is working on bringing the main house up to standard and she is being per- mitted to do that. He stated that the question before Council at this meeting is the rear house in the rear yard, which, in his opinion, is a dilapidated, deteriorated and dangerous building. The pictures supplied by Mrs. Mitton were viewed at this time by the Council members. On motion of Councillor Gould I Seconded by Councillor M. Vincent RESOLVED that notice having been given to Myrtle H. Mitton, being the owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at the rear of civic number 130 Waterloo Street, in the City of Saint John, requesting that the said owner appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector of Buildings; the Common Council hereby deems and declares the said building located at the rear of civic number 130 Waterloo Street, in the said city, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Myrtle H. Mitton is hereby required to remove or destroy the said building situate at the rear of civic number 130 Waterloo Street, in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: AND BE IT FURTHER RESOLVED that upon failure of the said Myrtle H. Mitton to remove or destroy the said building situate at the rear of civic number 130 Waterloo Street, in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Myrtle H. Mitton. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that as payment of the following invoices for equipment rental:- Chitticks (1962) Ltd. - to the Water and Sewerage Dept recommended by the City Manager, approval be granted for May 1 -15, 1975 (dated May 20, 1975) $ 2,722.00 D. H. Hatfield Ltd. - to the Sanitation Dept. (Clean -Up Campaign) May 1 -15, 1975• (dated May 20, 1975) $ 4,321.30 On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that as per the recommendation of the City Manager, authority be granted to pay the invoice from Dexter Construction Ltd. in the amount of $5,244.22, for crushing gravel for the Works Department during the period January lst, 1975 to May 31st, 1975• On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, approval be given for 592 / q -._ 0%nnaai �el9ort' Ae&^ 4 7>arh s 'PeRer. %ilo&al✓ exlaickAe �-9�z) payment of the invoice from Stephen Construction Company, Limited in the amount of $26,861.52, for sup- plying asphalt to the Works Department during the period June 2nd to 13th, 1975. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the annual report for the year 1974 of the Recreation and Parks Department, be received and filed. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the report for May of the Street Division of the Works Department, be received and filed. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the following invoices be paid, in accordance with the recommendation of the City Manager: D. Hatfield Ltd. - to the Works Dept. - to the Water Dept. May 1 -15, 1975 (dated May 20, 1975) May 15 -31, 1975 (dated June 3, 1975) - to the Works Dept. May 1 -15, 1975 (dated May 20, 1975) - to the Water and Sewerage Dept. May 16 -31, 1975 (dated May 31, 1975) On motion of Councillor Gould $ 13,671.19 $ 8,649.45 $ 3,771.50 $ 2,371.20 Seconded by Councillor Hodges RESOLVED that in accordance with the recommendation of the City Manager, approval be given for payment of the following approved progress certificate for engineering �•� E services in connection with the following named project which was undertaken under the Department of Regional Economic Expansion programme: - �5 0/yA°V /�/�6�1� Lh• 1. Lorneville Western Industrial Water Supply Contract Number 2, Construction of 24 -inch water supply line La Societe Lavoie Inc. /.7 S�ci e e ! Total value of contract $ 659,033.25 TT Total value of work done 647,929.05 ,<arvle1 //c'• Retention Nil Deductions 21,596.03 Payments previously approved 624,922.01 Sum recommended for payment, Progress Estimate Number 8, dated May 22, 1975 $ 1,411.01 On motion of Councillor Gould Seconded by Councillor Green A%h /sir 47 RESOLVED that the letter from the City Manager, advising that the Cojw/ /` /on Minister of Labour of New Brunswick has agreed to the request of the Saint John Civic Employees' Union, LL Local 18, for the appointment of a Conciliation Board and that Mr. Lino Celeste has consented to act as /h0 ��°%S�C the City's nominee on this Board and this nomination was forwarded to the Minister, and requesting that ��/ the Common Council confirm the nomination of Mr. Lino Celeste as the City's nominee on the Conciliation ,IC✓/�•�O//BBS !//7/0 Board in the matter of the dispute with the said Local 18, C.U.P.E., be received and filed and the re- J�d/ /� quested confirmation given. /` On motion of Councillor Gould C'oi� %aL� /Oli L a11111;W ekv v 3 S, , S,x 70/ /eefiens �jy� -Zs Xp,e As sa ,Coca/ 6/ ,�qui�omenZ� �Ctd C!i /� /clts�9�Z .Cabal Col"r Seconded by Councillor Davis RESOLVED that the letter from the City Manager, advising that the .ister of Labour of New Brunswick has agreed to the request of the Saint John Policemen's Protective ociation, Local 61, for the appointment of a Conciliation Board and that Mr. William Chahley has sented to act as the City's nominee on this Board and this nomination was forwarded to the Minister, requesting that the Common Council confirm the nomination of Mr. William Chahley as the City's nominee the Conciliation Board in the matter of the dispute with the said Local 61, C.U.P.E., be received and ed and the requested confirmation-given. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the City authority be granted to pay the invoice from Chitticks (1962) Ltd. in the amount of $5,171.00 for nt rented to the Works Department during the period May 16th to 31st, 1975• On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that authority be granted for payment of the following s for equipment rental, in accordance with the City Manager's recommendation: - tticks (1962) Ltd. - to the Water and Sewerage Dept. June 1 -15, 1975 (dated June 16, 1975) $ 4,491.25 - to the Works Dept. June 1 -15, 1975 (dated June 17, 1975) $ 4,437.40 On motion of Councillor Davis Seconded by Councillor Hodges RESOLVED that as recommended by the Land Committee, authority be ted to sell to Ready Rentals Limited 1.18 acres of land on Fairville Boulevard, as shown on the sub- I 593 / mitted plan, for the appraised value of $7,400.00. •hK �D�� Councillor MacGowan noted that the above named piece of land is located in the Throughway area and there is an area that now faces on the Throughway at the back of these Fairville Boulevard properties that is ery unsightly, and she asked if there is any stipulation that when the City sells this piece of land that there G� is going to be any controls on the appearance of this property, and who is responsible in that regard. Councillor Davis replied that the Land Committee has reviewed all the sales of all the properties on Fairville Boulevard; we p(/ J have lost control over some of the properties - we hope to keep control over this particular property; those d properties that have been sold before are now beyond our control, except through the Civic Improvement and Beautification Committee. , at 6DE-W On motion of Councillor Kipping Seconded by Councillor Gould LiY// h Q/ RESOLVED that the letter from the Land Committee, advising that Irving Oil Ltd. wishes to exercise its option to purchase Lots 6 and 7 in the Greendale Sub - division for the sum of $9,000.00 n for each lot, and the Committee recommends the sale of these lots to the said company for the sum of $9,000.00 Opveh /� for each lot, be received and filed and the recommendation adopted. 1Oii s 64 / In reply to Councillor M. Vincent's query as to the present zoning use of the above named Lots 6 and 7, Mr. Zides stated they are zoned for either single - family or for two - family classification. Councillor Davis ' advised that these properties were given to the former City of Lancaster by Irving Oil Ltd. for recreational purposes and the agreement stipulated that if they were not used for that purpose that they be sold back to the said company for this price; the City Recreation and Parks Department has no use for the property, so the City is � selling it back to the company. Councillor MacGowan asked if the company is going to build on these lots im- ,,(QhCc3S?fep mediately, or is there any stipulation regarding when it has to build. Councillor Davis made negative reply. Councillor MacGowan stated that the people there are complaining at this time about the appearance of these two a�i,ea� lots, and if they were built upon, the problem would be solved - but if they are going to remain vacant somebody Areem®n has to do something to make them more attractive. The Mayor advised that somebody is trying to get those lots, to build on them. On motion of Councillor M. Vincent • Seconded by Councillor Hodges A� RESOLVED that the letter from the Land Committee, in reply to Common /�•� /7 s,�' Council resolution of May 26th, 1975 which asked the Committee to negotiate the sale of some 25 acres of land off Pidgeon Terrace in the Thornbrough Street area to the New Brunswick Housing Corporation with the provision that yDG[S %7� it be used for not less than 100 housing units, advising that the Committee recommends that this parcel of approximately 25 acres of land be offered for sale to the said Corporation for the sum of $60,000.00 with the provision that it be used for not less than 100 housing units, be received and filed and the recommendation �/e019 adopted. The Council members agreed that a copy of the above named letter from the Land Committee be sent to the Jr'a%t/oaS //% Saint John Housing Commission, for the Commission's information. On motion of Councillor Kipping Seconded by Councillor M. Vincent RESOLVED that the letter from the Land Committee advising that Streb & Little Holdings Ltd. have requested the City to sell to the company approximately 4 acres of land situated between the Canadian National Railways to the rear of the lots on the south side of Fairville Boulevard and the /70 /dln s Throughway, as shown on the submitted plan, on which the company intends to relocate its soft drink industry from Chesley Street; that access to the site will be gained across a right -of -way presently in City ownership which will be widened by acquiring a 20 -foot strip of land from the adjoining owner, and the sewer will be brought to the site down the road allowance; that authority will have to be obtained by the City for a public street over S+pWe�. the railway at this point, and application to the Canada Transport Committee is being formulated by staff; that C2pleaG�� the City will maintain access to the remainder of the lands by retaining ownership to a 50- foot -wide strip of %pc7nsP0 land adjoining the railway and the City will also retain ownership of a small triangle of land in the southwest corner of the site which forms part of the pipeline easement; that the site itself is subject to an easement for a water line; and recommending that the City sell the said parcel of approximately 4 acres of land to the said •F�%hv/ company for the sum of $61,000.00, with the company to bear the cost of survey and sub - division plan preparation - i� /_1„Q,� h� the land to be developed for industrial purposes and should the industrial development not have commenced within Pu�SB/�7e one year from the date of the Common Council Order approving the sale of this land, the title shall revert back to the City, and the purchase price shall be refunded less any expenditures the City shall have made in improving s��, t,&PkE!,� or extending services to the site -- be received and filed and the recommendation adopted. �escins{ 6 N'C'O. dd /Yo v, 2? y76 7;Z? 68, p/oh On motion of Councillor Gould &04 Jam) `�s'�diSfM% Seconded by Councillor M. Vincent S/ ie RESOLVED that in accordance with the recommendation of the Land lms-&4� Committee, the City purchase from Armstrong & Bruce Insurance Ltd. a small triangular parcel of land on Dufferin Avenue behind Dufferin School, as shown on the submitted map, for the sum of $50.00 in order to add to the gri^GCCe adjoining lot, thus completing the land assembly and clearing any question of the adjoining road being on privately TgSLt/t7� owned land. .DGL•�'�d'jh On motion of Councillor M. Vincent n' Seconded by Councillor Green RESOLVED that as recommended by the Planning Advisory Committee, the Common C'o"°' Council assent to the sub - division plan of the Hillside Sub - division, Phase 4, of Blair Construction Ltd., which /9s5 eA fe includes a 2,400 -foot extension to Dresden Avenue, a 400 -foot cul de sac street named Del Court, and a 36,388 11-1,1'1151We square foot parcel for vesting in the City as land for public purposes. sale' -Wid/, T%IPR$e,4K On motion of Councillor M. Vincent /an %�.c p Seconded by Councillor Kipping xtd. RESOLVED that the letter from the Planning Advisory Committee with regard Sd ®g MOto the request made by Mr. Gerald Casey, Barrister, acting on the behalf of East Coast Enterprises Ltd., that six �e / L'p-¢, and one -half acres of land, located at the corner of Drury Cove Road and the Old Rothesay Road, be re -zoned from • 6 14G° F!u "RS -2 ", One- and Two- Family Suburban Residential district to "I -1" Light Industrial district -- advising that the ACommittee previously reported on this matter to Council to the effect that there were objections received and that the Committee would attempt to permit the principals to discuss this matter further with a view to resolving �e_,Gh ✓h'� the differences, and that the Committee is making the following two recommendations to Council in order to permit ,gam the proposed development: (1) that the Municipal Development Plan be amended as shown on the submitted corres- ponding print by placing the East Coast Enterprises Ltd. land and that of A. C. Fairweather & Sons Ltd., on the Ashburn Road, which is gradually being zoned for light industry, into a light industrial future use - the current A. 9. a*,07.5 .� 59.4 Question being taken, the motion was carried with Councillor MacGowan voting "nay" On motion of Councillor Gould Seconded by Councillor Green Xj RESOLVED that the letter from the Historic Sites and Events Committee submitting a progress report respecting the development of the Municipal Geological Museum at King Square • r5 s' West, and stating that it is expected that sufficient rocks will be received to commence actual placement in the open air museum in 1976, and an appropriate allotment of funds will be needed in the forthcoming GL°o�09 /� budget for 1976, and asking that the appropriate City Department be asked to prepare cost estimates based on a stock of 25 stones, in 1976, be referred to the Recreation and Parks Department for inclusion in the Ti fN9d •/� 1976 budget. 74 The Mayor asked for permission to place an item on the agenda of this meeting. Bkdyet On motion of Councillor M. Vincent Seconded by Councillor Gould ' RESOLVED that the above request of the Mayor be acceded to. The Mayor thereupon read the following prepared statement: 7Q / /CP use shown on Schedule 2 -A, the Future Land Use Plan of the Municipal Plan, is Low Density Residential; (2) "Bill 89, Police Act may result in an erosion of the democratic responsibility of government, and the strengthening of centralization of police forces in New Brunswick at the municipal cost of the that the area so shown on the proposed re- zoning sketch be re -zoned from "RS -2 ", One- and Two- Family municipal taxpayer. Suburban Residential, to "I -1 ", Light Industrial, to permit East Coast Enterprises Ltd, to erect four to • c v 5� six warehouses on the property pursuant to a resolution and an agreement under Section 39 of the Com- Planning Act limiting In addition, ' /� .$ery munity truck entrances, manoeuvring, storage and parking to the rear of the buildings the Provincial Government is given authority if it feels the police services are inadequate, ,E/iteppl+i9Lf.s with access thereto from Rothesay Road only and requiring landscaping of the frontage along Drury Cove adequate services and charge the cost to the municipality. 106�d Road; but that entrances off the Drury Cove Road to employee and visitor parking at the front or side of �e—zOh/ the building may be permitted in accordance with the Zoning By -Law requirements -- be received and filed and the recommendations adopted, and that the necessary advertising be proceeded with for so amending the tv",/OCl:�W Municipal Development Plan and for the proposed re- zoning. �� l Councillor Gould recalled that the City was going to only re -zone in this area one re- zoning at C /.vW A � a time, and stated he was wondering why, all of a sudden, we have decided to do the re- zoning en masse. Mr. Zides replied that this area is being treated somewhat a little differently because of the fact that ' �.SOh S the main entry will be off Rothesay Road rather than into the main road towards Drury Cove; the restrictions are that the front part of the lots along the Drury Cove Road will be landscaped and there would be no truck entries - only driveways to parking areas for employees and customers; the Advisory Committee felt that re- zoning as a package was one way of dealing with this particular case. Councillor Gould noted that this proposed re- zoning would also be increasing the amount of Light Industrial area along the Ashburn Lake Road quite considerably over what we have already done in the past. Mr. Zides pointed out that this particular property is at the corner of the Drury Cove Road and the Rothesay Road; this is a matter of changing the Municipal Plan to Light Industrial and the effect of that is that you still cannot build in there because the zoning is the regulation in that regard; this change in the Municipal Plan at ' this time will mean that every time we amend the A. C. Fairweather & Sons Ltd. property zoning on the Ashburn Lake Road we will not have to come back to Council for a change in the Municipal Plan. Coun- cillor MacGowan asked if a plan is being developed at present for high -cost housing in that area. Mr. Zides replied that there is supposed to be a plan being developed for housing in the Drury Cove area. Councillor MacGowan expressed the view that the property under discussion is not going to be a very attractive approach to a very expensive residential area. Mr. Zides advised that it was a point of issue taken up by the Drury Cove people in issue, and ultimately, the results are what the Council is receiving in the above named recommendations from the Planning Advisory Committee - in other words, there were objections to the original re- zoning request by East Coast Enterprises Ltd. from the Drury Cove people and they held some meetings, and ultimately this is the best compromise that came out of it; those people • would have preferred not to have the re- zoning but they are living with these recommendations. In discussion with Councillor Parfitt, Mr. Zides confirmed that trucks will be allowed to go into Drury Cove area unless the City should pass a by -law to prohibit trucks off the Drury Cove Road. In reply to Councillor Hodges' question as to how far the sub - divider can go for re- zoning on the Drury Cove Road, Mr. Zides stated he can go only as far as the area that is shown shaded on the submitted plan, which he believes is part of the Drury Cove Estate. Councillor M. Vincent asked if this development is going to restrict in any way the access for anybody off of the Torryburn Road out to the water in Drury Cove. Mr. Zides replied, stating that he does not think so; what is going to happen here in this particular area is that the main truck entry will be off Rothesay Road to the back to the properties - this will not pre- clude driveways for customer and employee parking - if there is going to be any heavy traffic there at all, the main mass of traffic will be coming in on the secondary road which is off Rothesay Road, rather than Drury Cove Road. Councillor Kipping asked if the Drury Cove Road is a public road all the way in to the water at Drury Cove. Mr. Zides replied that he does not believe it is, but he would have to check on where exactly it ends. He stated that the Planning office is having some real problems delineating some ' of these private and public roads - that office is in the middle of a job like that right now. Councillor Kipping felt it would be helpful and that it would overcome some problems if this could be determined because that road is now being blocked. The Mayor advised that he received calls in this regard and he had Mr. MacKinnon check into it and it was determined that it is a private road after you get up over the hill just as you are going down towards the water, and that is where a barrier had been erected across the road. Question being taken, the motion was carried with Councillor MacGowan voting "nay" On motion of Councillor Gould Seconded by Councillor Green Xj RESOLVED that the letter from the Historic Sites and Events Committee submitting a progress report respecting the development of the Municipal Geological Museum at King Square • r5 s' West, and stating that it is expected that sufficient rocks will be received to commence actual placement in the open air museum in 1976, and an appropriate allotment of funds will be needed in the forthcoming GL°o�09 /� budget for 1976, and asking that the appropriate City Department be asked to prepare cost estimates based on a stock of 25 stones, in 1976, be referred to the Recreation and Parks Department for inclusion in the Ti fN9d •/� 1976 budget. 74 The Mayor asked for permission to place an item on the agenda of this meeting. Bkdyet On motion of Councillor M. Vincent Seconded by Councillor Gould ' RESOLVED that the above request of the Mayor be acceded to. The Mayor thereupon read the following prepared statement: 7Q / /CP ��' t "Bill 89, Police Act may result in an erosion of the democratic responsibility of government, and the strengthening of centralization of police forces in New Brunswick at the municipal cost of the cs/// municipal taxpayer. Every city, town and village will be required to pay the cost of police services. In addition, ' the Provincial Government is given authority if it feels the police services are inadequate, to provide adequate services and charge the cost to the municipality. This could mean instead of municipal Councillors being responsible to their electorate, they in effect become responsible to the Provincial Government. This type of legislation, if approved could lead to its extension to every other form-of municipal service, with the result the Provincial Government could effectively operate all municipali- ties. This is a matter of major consequence, which could affect the entire municipal government • system in New Brunswick. I therefore recommend: C,4ie-P O (a) The City Solicitor be instructed to review the proposed Police Act, Bill 89, with the Chief Aoliee I 595 of Police and recommend to Council for consideration as a submission to the Law Amendments Committee on the matter which could reduce the authority or responsibility of Common Council in the provision of police services • 69// �re 4 and in relation to the authority of the Council to the electorate of Saint John and any other matters on which Caj // $mil they feel the City should make representations. (b) The New Brunswick Federation of Municipalities be advised of our action, and requested to prepare !� similar submission. ". /17uO7 /C /��e On motion of Councillor MacGowan �j )r Seconded by Councillor M. Vincent 01C RESOLVED that the City Solicitor be instructed to review the proposed Police Act, Bill 89, with the Chief of Police and recommend to Council for consideration as a submission to the C.Ey -•_ Law Amendments Committee on the matter which could reduce the authority or responsibility of Common Council in the provision of police services and in relation to the authority of the Council to the electorate of Saint John and any other matters on which theyifeel,;the.City • shouldt:make representations: AND FURTHER that the New Brunswick Federation of Municipalities be advised of the action of the City of S/ x Saint John in the above regard, and requested to prepare similar submission. The Mayor stated that if it is the Councillors' wish, he would propose that the Common Council continue the 4.00 o'clock p.m. meetings of Council for regular City business, alternating with a 7.00 o'clock p.m. meeting 67000ei for public appearances and delegations, with the exception that, at the 7.00 o'clock p.m. meeting there would be no other items on the agenda except the hearings and delegations - if there be none, then there would be no nPtinm On motion of Councillor M. Vincent Seconded by Councillor Kipping RESOLVED that the Common Council continue to alternate 7.00 o'clock p.m. meetings with 4.00 o'clock p.m. meetings (which are for regular City business), and that the 7.00 o'clock p.m. n L 01,&0al / meetings be for public appearances and delegations and that if there are no items for such 7.00 o'clock p.m. • /77e e Amts meetings, no meeting be held that date. Councillor MacGowan asked for permission to add to the agenda an item from the Saint John Housing Commission. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Saint John Housing Commission regarding proposed residential Tenancies Act be added to the agenda of this meeting at this time. On motion of Councillor MacGowan Seconded by Councillor M. Vincent S, J_/ gAtV RESOLVED that as recommended by the Saint John Housing Commission, the �'o yyy�iy. City of Saint John staff study the proposed residential Tenancies Act now before the Law Amendments Committee of the New Brunswick Legislative Assembly with a view of making representations on those sections of the Act which might be of advantage or disadvantage to the rental accommodation problem in the City. On motion of Councillor Green Seconded by Councillor Hodges RESOLVED that the following resolution be adopted, namely: - $X121 *e "WHEREAS a strike by employees of Canada Wire and Cable Company, U.E.W. Local 1905 on Fairville Boule- vard has now entered its thirteenth week; C-:RA1e r-•©• AND WHEREAS this is of deep concern to the citizens of Saint John: • THEREFORE BE IT RESOLVED that we make known to the Honourable Premier Richard B. Hatfield of our concern and implore him to use the good office of the Honourable Minister of Labour to attempt to bring the two a' parties back to the bargaining table. k On the question, the Mayor advised that he had the President of the said Local 1905 in and they had a long discussion on the problem, and after the Mayor had spoken to him and they agreed to meet again, the Mayor was in his office when by chance the Minister of Labour called and told him that this company was moving out of Saint John and the company would no longer go to the table with the Union, and that the company was going to move f / out of the Province and the Government had seen fit to try to hold this company in the Province at least, and the '�/ec� /� Government is giving the company space in Marysville (in the plant formerly known as the Marysville Cotton Plant I&PK -e -C, which is now owned by the Government). The Mayor advised that the Minister said there was no value in the City ��/���/ �® of Saint John trying to change their minds because it was all through; the Mayor then spoke to the President of 7 the company by telephoning him in Toronto and the President said the company had talked with the Minister of Labour and that the company is prepared to move because it is not prepared to discuss the personality clash until there is discussion with certain personalities as to whether they will stay with the company or move. The Mayor stated he is told that it is possible that the man in question may, or may not. He pointed out that, in the meantime, the City's aim is to keep that business here, and he agrees with the above motion, for that portion of ' the matter. The Mayor added that the Minister said he is trying hard to keep this company in New Brunswick - therefore, the Province had to offer the company the facilities in Marysville, and it looks as though the company might accept those facilities. On motion of Councillor M. Vincent FA Seconded by Councillor MacGowan RESOLVED that the letter from Mayor Alan A. Hicks of the Village of 7e Hampton, N. B. advising that the Village is convening a meeting of all Councils and interested citizens between Saint John and Sussex, at the Hampton Elementary School on July 14th next at 8.00 o'clock p.m. to discuss what possible action may be taken with the view of improving the Mackay Highway and Highway Number 1 between Hampton and Saint John and cutting down the number of deaths that occur on this highway yearly, and asking that the V1_ Common Council have representation at this meeting and to inform any interested citizens in the Saint John area j/00 of this meeting so that they may attend if they so desire, be received and filed and the Common Council ensure that proper representation is made at the meeting when it is called. Canad/ah T/e- eoaJ/llKn/ %W/Ons Ur lon,3lv_/, , Cis C/Y ie%- C ain!►�aI/iCj ate^ /ee hem"$ SZjht :nvhn AVNo6 / e f?e -zo hi h p h P /a�m•Aaly /s. /17i /d'n�•�C ✓oahhe i`�ih9r+ %�iedl171 L E G A L /%:!e,02 se '45ps meht C/,:O* So / /e/to/" 111 Ieh 5e, /!%uAiGif n � �}/ "tense /he ih9 all ^14 On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the letter from Mr. Cleveland H. de La Roche, General Chairman, Atlantic Region, Canadian Telecommunications Union, Division 1 of the United Telegraph Workers, advising that the date of the proposed closing of the CP -CN Telecommunications office in Saint Jean, Quebec has now been confirmed as June 30th, 1975, and stating that further invesigation reveals that the company proposes to close the office in Saint John, N. B. between 6.00 p.m. and 8.00 a.m. and completely close the Kentville, N. B. office, and that this raises questions as to what service will be available, as posed in the letter, and stating that he believes it is extremely unfair to increase the telegraph business in Montreal to the detriment of the people of New Brunswick and Nova Scotia, and that if this is permitted to happen at least 5 employees in Saint John and Kentville will be without employment, and the service will suffer, and further advising that any action the City of Saint John may wish to take, in support of the effort to prevent closing of offices, will be much appreciated, be received and filed and the Common Council go on record as strongly objecting to the proposal of closing the said telegraph office at 6.00 p.m., and that an appropriate letter be prepared by proper staff emphasizing the Council's objection as strongly as possible. Councillor Kipping stated that he believes that it is a matter of free enterprise and competition working itself out, and the fact is that telegrams are an outdated technology. In reply to the question in the above matter, about what would happen to messages addressed to people in Montreal and Saint John if an addressee has no telephone - the answer is, the same thing would happen if a wire were sent - that is, that it would then be mailed - they try to telephone them now at the point of receipt and if they cannot telephone them or even if they can, they mail the confirmation copy - no change. With regard to the question, "What will happen to money transfers ", he stated it is the similar thing; "what will happen to consent for operations addressed to hospitals" - he stated that the trans - Canada telephone system has the means of transmitting over the telephone lines exact facsimiles of any document so that these really are not issues. With regard to the question as to whether this is not considered a downgrading to the service to the public, Councillor Kipping commented that it all depends, he supposes, on whether the public would recognize a difference between the two services. He felt that the kindest thing we can do is to allow the said outdated technology to die a decent death and give it a decent burial, eventually. He stated he does not think that the Council should be protesting something which is an outdated technology - for that reason, he would not wish to go along with the motion. Councillor M. Vincent noted that there are certain legal implications that have served quite well by telegram that may not be able to be served by some other means of communication; he added that, more importantly, however, perhaps we are going to have some local people out of work and the least the Council can do is to stand behind our local people who are employed and try to keep their job for them. Question being taken, the motion was carried with Councillors Kipping and Davis voting "nay" On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the application from Mr. and Mrs. William Roberts for a change in the development plan under which their property on Saint Anne Street, Saint John East, was re- zoned, be referred to the Planning Advisory Committee for a recommendation. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the application from Mrs. Mildred E. Green, per Miss Joanna J. Ringrose, Barrister, for re- zoning of 975 Manawagonish Road, Saint John West, be referred to the Planning Advisory Committee for its comments, and that authority be given to proceed with advertising regarding this proposed re- zoning. Following a session in Committee of the Whole, the Committee arose and the Mayor resumed the Chair, in Legal Session of Council, when there were present Councillors Davis, Gould, Green, Hodges, Kipping, MacGowan, and M. Vincent, and Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, and F. A. Rodgers, City Solicitor. Discussion ensued regarding the Easement and License documents which relate to the proposed Irving Oil Limited oil pipeline. Consideration was given to correspondence from the City Solicitor, dated June 20th, 1975 in which he submits his comments on the changes to both documents which were presented to Common Council in Committee of the Whole on June 16th last by Mr. A. B. Gilbert, Q. C., solicitor for the said company, and in which he states that, with respect to the license fee, it is his opinion that the City is not restricted to a $25.00 annual license fee as mentioned in the Municipalities Act. On motion of Councillor Hodges Seconded by Councillor Kipping RESOLVED that the change proposed by Mr. A. B. Gilbert, Q. C. on behalf of Irving Oil Limited, as follows:- "Whereas the Licensee intends to lay a twelve -inch (12 ") oil pipeline for the conveyance of petroleum products, water and other materials between the Irving Oil Refinery and Lorneville in the City of Saint John, in the Province of new Brunswick" be excluded from the License document and that the original wording in this clause of the said document be retained, as received by Council at its meeting held on June 9th last, from Mr. Gilbert. 0 • i On motion of Councillor Kipping Seconded by Councillor M. Vincent , RESOLVED that a sum be negotiated for the license fee regarding /+ the oil pipeline which Irving Oil Limited intends to lay for the conveyance of petroleum, petroleum Tee products and water between the Irving Oil Refinery and Lorneville, in the City of Saint John, N. B. di / p /Pe11Ae Question being taken, the motion was carried with Councillors Kipping, MacGowan, Gould, Hodges and M. Vincent voting "yea" and the Mayor and Councillors Davis and Green voting "nay ". �i•ov. (T'ov�• C'i �y So /icifor _ryi n9 %mere cchf% �•,/s6,�� t�ahs<ac�io�rs It was noted that the Province of New Brunswick has prepared a Lease regarding the said oil ipeline (rather than a License document), and the Council members agreed that Mr. Rodgers examine the aid Lease as prepared by the Province and submit a report to Council. Councillor M. Vincent asked that the Council members be supplied with copies of the list that City Manager prepared and forwarded to the Irving interests with regard to the various matters that not finished between the City and the Irving interests and which require execution of documents. • I F_ bn,e�a Ih NeS�e.°AfiS -JL OT `Za1WLr hs? VIC Nerit s �y COdCi'!G° % C! ePOi-e V /�i7C'4°i'!t rew r ripe _54V-1-1,0A7 .mast C /¢g► /gyp 5.97 Mr. Rodgers gave a detailed, verbal report at this time regarding the trial that commenced on Tuesday, June 17th, 1975 in the Supreme Court in the matter of Omega vs. Lauthier & Saia, and The City of Saint John. He advised that this case was adjourned until October of 1975, and expressed apprehension that between now and October the City may be having to defend as a Third Party. On motion The meeting adjourned. At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the thirtieth day of June, A. D. 1975, at 4.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye, M. Vincent and A. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, M. Zides, Acting Commissioner of Community Planning and Development, J. C. MacKinnon, Commissioner of Engineering and Works, A. Ellis, Building Inspector, A. W. C. Robertson, Deputy Fire Chief, and R. H. Stone, Deputy Chief of Police The meeting opened with silent prayer. On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that minutes of the meeting of Common Council, held on June 23rd ,last, be confirmed. At this time Councillor MacGowan presented to the Mayor the Canada Safety Council's Certificate of Merit which was awarded to the City of Saint John for being one of the cities which remained fatality -free during Safe Driving Week in December 1974. Councillor MacGowan stated that she accepted this Certificate during the last week at a meeting of the New Brunswick Safety Council and she expressed the wish that Saint John could remain fatality -free for every week during the year and she commended the Safety Council for the work they are doing in promoting highway safety. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the annual report for the year 1974 of the Fire Department, be received and filed. Councillor A. Vincent noted that last year he proposed a motion, which was adopted by Council, that an annual year book for the City, incorporating the annual reports of the various departments, be resumed. Mr. Barfoot advised that the year book was discontinued at the time of amalagamation due to the pressures of other business on staff, however, if it is Council's desire that it be resumed, it will be. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the City staff be instructed to resume the preparation of an annual year book for the City. Councillor Cave voted "nay" to the above motion. Councillor Cave stated that certain promises were made to the former Parish of Simonds at the time of amalgamation that a fire station would be built in the eastern area of the City one year after amalgamation. On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that consideration be given to the construction of a fire station in the eastern area of the City and that the City Manager submit a report on this matter for 1976. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that in accordance with the recommendation of the City Manager, approval be given for payment of the following approved progress certificates and approved invoices for engin- 598, eering services regarding projects that were undertaken under the Department of Regional Economic Ex- //SS pansion programme: - R6j- Zue6cSe," 1, Western Industrial Area Trunk Sewer 16 c.f.s. • -7—.. c.., y Carpenter Place Lift Station sew e h Fredericton Housing & Construction Co. m Total value of contract $ 658,850.00 Carfle�si8r f'�a Total value of work completed 385,710.00 Retention 57,856.50 Payments previously approved 283,504.75 Sum recommended for payment, Progress Estimate Number 6, dated June 24, 1975 $ 44,348.75 �X1-We _Dpi 1V 2. Bayside Drive Reconstruction & Extension - Phase III ' �� Goodyear Paving Limited R�h�r Total value of contract $ 312,032.00 00pi(ye�i` Total work done 213,808.38 �e7Y /np �t� Retention 32,071.26 J Payments previously approved 142,641.37 Sum recommended for payment, Progress Estimate Number 6 $ 39,095.75 Councillor Cave asked what is holding up the work on the west side of the Courtenay Bay Causew- ay. Mr. Barfoot advised that work is proceeding as quickly as possible and that it was always anticipated that the west portion of the Causeway would be open one to two weeks later than the eastern portion and that construction is still on that schedule, and that the western approach should be open in a couple of weeks time. Councillor Hodges stated that on Bayside Drive coming off the eastern approach to the Cause- way there is a big pole and from there up to the hospital he notices that the poles have not been removed. Mr. Barfoot stated that work is proceeding as quickly as possible on the hanging of the wires on the new portion of Bayside Drive. olCewhAVe5rwa 3. Champlain & Lakewood Heights Collector Sewer and their bid deposit be retained by the City, and that the said contract be awarded to T. W. Graham Ltd. at a total cost of $6,037.50, being the lowest quotation received. , �l!T I' /w ' Proctor & Redfern Ltd. RESOLVED that as recommended by the City Manager, the tender of VC ' M / n ( r ladod �t5 a Engineering services Payments . ".s,rve/" d tender received, and that the Mayor and Common Clerk be authorized to execute the contract in this regard ft�7�el' Mal %h on behalf of the City. previously approved (.7iSo 'gw/ine.i $ 185,435.11 v / Co/ %ctdr .5gaw Sum recommended for payment, Progress Estimate Number 27, �1� Seconded by Councillor Cave �r�tennl,� RC4e— RESOLVED that as recommended by the City Manager, the tender of John dated June 9, 1975 $ 2,952.68 .44W. chlorine cylinders at the chlorination plant at Latimer Lake, in the amount of $18,810.00, be accepted, this being the only bid received. �9e TC/'n 4. Courtenay Bay Causeway On motion of Councillor Cave A. D. I. Limited ( 7 RESOLVED that the report of the Division of Technical and Insp- C��Se�a y ection Services, including the Plumbing Division, for the month of May, be received and filed. Engineering services for Western Approach �Jon�h /y reP° On motion of Councillor Gould Payments previously approved $ 155,163.52 Sum recommended for payment, Progress Estimate Number 36, • dated May 31, 1975 $ 5,507.03 Councillor Cave asked what is holding up the work on the west side of the Courtenay Bay Causew- ay. Mr. Barfoot advised that work is proceeding as quickly as possible and that it was always anticipated that the west portion of the Causeway would be open one to two weeks later than the eastern portion and that construction is still on that schedule, and that the western approach should be open in a couple of weeks time. Councillor Hodges stated that on Bayside Drive coming off the eastern approach to the Cause- way there is a big pole and from there up to the hospital he notices that the poles have not been removed. Mr. Barfoot stated that work is proceeding as quickly as possible on the hanging of the wires on the new portion of Bayside Drive. olCewhAVe5rwa On motion of Councillor Cave COi7�t' and their bid deposit be retained by the City, and that the said contract be awarded to T. W. Graham Ltd. at a total cost of $6,037.50, being the lowest quotation received. , �l!T Seconded by Councillor M. Vincent ' Teo ler .acce RESOLVED that as recommended by the City Manager, the tender of VC Ocean Westway Construction Limited for construction of a sanitary sewer and water main on Lakewood Avenue, a Pauline Street and Westbrook Avenue, in the amount of $123,687.75, be accepted, this being the lowest . ".s,rve/" d tender received, and that the Mayor and Common Clerk be authorized to execute the contract in this regard ft�7�el' Mal %h on behalf of the City. • (.7iSo 'gw/ine.i contractor, so that the City's interest is protected. The letter further advises that the Fire Chief has v / On motion of Councillor M. Vincent �/„�� n� O/ ments, and is satisfied that the planned pipeline provides no problems from the viewpoint of the Fire Department and that the experience of other cities is that pipelining of petroleum products is safer than �1� Seconded by Councillor Cave RESOLVED that as recommended by the City Manager, the tender of John evo�— Flood & Sons (1961) Limited for the supply and installation of a pre - engineered steel building to store exlap/ye chlorine cylinders at the chlorination plant at Latimer Lake, in the amount of $18,810.00, be accepted, this being the only bid received. �9e • On motion of Councillor Cave Seconded by Councillor Hodges ( 7 RESOLVED that the report of the Division of Technical and Insp- ection Services, including the Plumbing Division, for the month of May, be received and filed. �Jon�h /y reP° On motion of Councillor Gould Seconded by Councillor Cave ' RESOLVED that the letter from the City Manager, advising that on March 10th, 1975 the Common Council awarded tenders for uniform clothing which included 525 long sleeve and 525 short sleeve blue shirts for the Police Department which were awarded to Fairville Dept. Store at a cost of $5.60 each and $5.25 each, respectively, however, when the shirts were delivered, they were found to be much darker in colour than the sample submitted with the original tender and the collar was not as specified and were therefore not acceptable to the Chief of Police, and that as a result, new quotations were received, be received and filed: ldkp...7 eceP AND FURTHER that as recommended by the City Manager, the contract for the supply of these items be cancelled as Fairville Dept. Store could not supply the shirts as awarded to them on March 10th, 1975, ,T.� /�� 4 and their bid deposit be retained by the City, and that the said contract be awarded to T. W. Graham Ltd. at a total cost of $6,037.50, being the lowest quotation received. , �l!T .#7/ ii�/'/''/ ���;�.v;�i� Read a letter from the City Manager, dated June 27th, 1975, advising that the matter of an oil pipeline through the City has been at various stages of discussion with City officials and officials of the Irving Oil Limited company since the fall of 1973 and that the location of the oil line through the " City streets was finalized at the staff level, subject to minor change, in December 1974; further advising ,S°.,are a7 that the pipeline proposal has been examined in detail by the Works Department and the Fire Department and that the operations of the pipeline contractor on City streets will be subject to inspection by the Works Department, particularly in the areas of traffic control, other underground utilities, and pavement replacement and that the necessary inspection staff will be placed on the job at the expense of the • /n� / contractor, so that the City's interest is protected. The letter further advises that the Fire Chief has v / also thoroughly examined the pipeline proposal and has discussed the implications with other Fire Depart- �/„�� n� O/ ments, and is satisfied that the planned pipeline provides no problems from the viewpoint of the Fire Department and that the experience of other cities is that pipelining of petroleum products is safer than �1� surface transportation; further advising that the terms of license and easement have been discussed at a r ,�i cerise ,F�sem� F 10// 1pilv&/ire Y t"l// 0 0j/ fi • • 599 number of meetings between staff and representatives of the company, and documents from the company were tabled at the Council meeting of June 9th, 1975'pending a report in this matter from the City Manager and since that date, several further meetings have been held with the company, resulting in the license and easement agreements which are submitted. The letter states that with respect to a number of other land transactions with Irving Oil Limited, or associates companies, Mr. J. E. Irving stated that the company was willing to sit down with the City on any of these outstanding matters and try and reach an agreement on any individual problem, but because of the urgency of the need to commence pipeline construction so as to supply oil for the Coleson Cove generating units, the company is most anxious to settle the pipeline matter immediately, and would meet on the other matters at the City's convenience. In regard to the license fee, the City Manager is recommending an annual fee of $500.00, which is similar to that charged by the Railways for sewer and watermains within their right -of- ways, and which is a recognition of the continuing administrative costs to the City of the oil line under the street. The said letter notes that the Land Committee has separately recommended that the required easements be granted over City lands for the sum of $4,100.00 and that the Company has accepted the easement costs, but has requested that the license be granted for the sum of one dollar. Consideration was given to the recommendations contained in the above letter from the City Manager, as follows: approval by Common Council of the attached licence and easement agreements,.and that the Mayor and Common Clerk be authorized to execute these documents; that a licence fee of $500.00 per annum be charged for the oil pipeline licence; and that the Company be requested to meet with the Land Committee forthwith to resolve other outstanding land transactions. Councillor Cave proposed a motion, which was not seconded, that the matter be tabled. He noted that two weeks ago he moved that this matter be tabled until the Council obtains additional information and that as of today he has not received any further information. The Mayor stated that the Council has held this matter up and he feels Council should not move on the matter. On motion of Councillor Kipping Seconded by Councillor M. Vincent RESOLVED that the recommendations contained in the letter from the City Manager be rejected and that the previous instructions of the Common Council be confirmed. Councillor Kipping stated he favours the construction of the proposed pipeline. He stated that for some months now he has been urging that City staff be prepared with the favourable route or routes through the City so that when approached they would be ready for possible quick approval, provided all other conditions were satisfactory. He stated that the recommendation before Council today, however, is not acceptable because it fails to comply with the instructions given to the City Manager by Common Council acting in Committee of the Whole to the effect that several major matters which have been outstanding between the Irving group of companies and the City were to be settled satisfactorily before any agreement on the pipeline would be signed. Councillor M. Vincent stated there is no question that everyone in the City realizes the importance of the commencement of construction and establishment of the pipeline, however, there appears to be a decision of the Council, that was made by Council, which has not been followed and unfortunately he believes the approach that is being made is slowing down the development of this pipeline. He asked if the Council wished to entertain discussion at this meeting which took place in Committee of the Whole when this matter was discussed. The Mayor gave consent to such discussion being considered. Councillor M. Vincent stated that Council, meeting in Committee of the Whole, authorized and instructed staff to prepare a set of documents dealing with a number of items that Council would have in its possession before dealing with this matter and he does not understand why this was not done, because if this was done it is conceivable that Council then could proceed with this item and dispose of it in the proper manner. He stated he feels that to ask Council to deal with this matter without having this information puts Council as a whole at a disadvantage and unfortunately, perhaps, cause some delay to the people who wish to have this pipeline installed. The Mayor noted that the items referred to by Councillor M. Vincent have been listed. Councillor Kipping noted that two other items on the agenda relative to this matter are in legal session and Committee of the Whole. Councillor M. Vincent stated that if these items were ahead of the letter from the City Manager, Council could deal with them. The Mayor stated in his mind the pipeline is vital and is as much a utility as telephone, because without the oil we cannot have Coleson Cove operating. Councillor Davis noted that item 3 in the licence states that the City "shall indemnify and save harmless the Licensor from all rates, taxes, liens, assessments and levies of any description" by reason of the pipeline. He stated it is possible to interpret this clause as meaning that at no time in the future can the City levy any taxes against this pipeline. He noted that the City has been through what might be called quite a traumatic tax situation where the City gave some concessions and then suffered thereby, not by losing the money from the tax revenue, but by losing through Provincial grants. He stated that this can occur again where at the present the tax situation prevents the City from taxing property of this type. The Mayor stated that the Council at this time should be dealing with the recommendations contained in the letter from the City Manager. Councillor MacGowan questioned the validity of this item being on the agenda as this was not the way that it was discussed in Committee of the Whole and that in Committee of the Whole if all these things were looked after then we were willing to go along with it and she questioned by what authority this was placed on the agenda as it was not the direction of Council. Councillor Davis stated he is not willing to go along with the agreement and that he is questioning one clause and he does not see why it cannot be discussed. Councillor MacGowan stated that the Council directed that these items be signed and sealed and then the City Manager submit a report. The Mayor stated that we asked the City Manager to come up with a recommendation and have a list of all the items that we were to discuss and we have that list. Councillor MacGowan remarked that the Council has had that list for months. The Mayor noted this was brought up because of the recommendation of the City Manager who felt that we have now held this up and he believes in his mind that he has made an agreement that he can carry through in co- operation with the Irving Oil Company and has asked us to go on with this while he continues to operate on the other items that are before us. Councillor MacGowan stated that this is not what Council said. (Councillor Higgins entered the meeting). Councillor Kipping stated he believes that the Mayor's information is incorrect as what Council asked and specified and indeed instructed was that the City Manager reach satisfactory conclusions on these matters which were still at odds between the Irving interests and the City, then bring the agreement to us for final perusal and signature. The Mayor stated he would have to check the wording but even so in his mind he has satisfactory conclusion. Councillor Cave stated he would support the motion on condition that after the Irving interests and the City Manager get together and come to some form of an agreement that he come back to Council before he comes in with a recommendation. The Mayor stated that we have to remember that we are speaking for the good of the City and it is the good of the City we must have in mind and not our own desires to slow down this matter. Councillor MacGowan stated that the Council is not trying to slow down anything and she personally is trying to do something that is for the good of the City. 600 Councillor A. Vincent stated he thinks the construction of this pipeline is important and a two -week delay now means a two -week delay in December or later and he stated he feels it is unfair to • hold up the contractor and the owner. He stated that apparently if our City staff have not taken care of this, perhaps due to the organizational changes taking place, he thinks Council should consider letting them start the pipeline and then sit down and clear up the whole matter without issuing the permit. Councillor Cave stated he could not agree to this. Councillor Pye stated that the responsibility for any delay up to the present time rests with the Irving interests and in future he contends will rest with the Irving interests. He stated he is very dissatisfied with the attitude of the Irving company pertaining to the ten unresolved land and easement matters between the City and the aforesaid corporation and he would advise that all outstanding land and easement transactions involving the Irving interests and the City of Saint John be finalized before the ' said City enters into an agreement with the Irving interests in relation to the installation of the said Irving Oil pipeline. Councillor Parfitt stated that Council has been given the route of the pipeline and that the 44"•r% easement document contains no changes which Council is not aware of and she stated she knows how im- portant it is to have this matter started. Councillor Cave stated he too is very proud to have the Irving's in Saint John as is everyone Ivl,0�7 all else, but the Council has a commitment and has to support the majority of the people and do it fairly and ' wisely and this is the only reason he wants information. He stated he is not against the pipeline and he 1-6d believes as an elected representative he has the right to ask for that information. The Mayor stated that the motion states that we reject the recommendations which means really that we hold up the con- struction. Councillor Davis stated he does not think this has anything to do with the pipeline or anything else - this has to do with the business of this Council and the business of this Council as we decided in Committee of the Whole was that the City Manager recommend a licence and easement agreement. It was said that the City Manager recommend a licence fee and the Council decided that the Company be requested to meet with the Land Committee forthwith to resolve other outstanding land transactions - that is exactly, so far ashis memory is concerned, what was decided in Committee of the Whole. He further stated we are here now with a recommendation from the City Manager on the approval of the licence and easement agree- ment which he would like to discuss because there are a couple of things in it which he does not agree with. He stated we are here to discuss a licence fee of $500.00 per annum which he would also like to discuss and nothing will be signed until the Company meets with the Land Committee to resolve other outstanding land transactions which are just about resolved. He stated he does not understand what the hold up is. He stated that we are going to come back with exactly the same situation unless we change the recommendations from the City Manager concerning the $500.00 per annum and the wording of the agree- ment and Council cannot do that unless it discusses it. As a point of information, Councillor Kipping stated that what Councillor Davis has just said does not go along with item 24 on the agenda of this meeting, which is a further report in Committee of the Whole from the City Manager. Councillor A. Vincent proposed a motion, which was seconded by Councillor Kipping, that the said letter from the City Manager be considered in open session, however, it was noted that there is already a motion on the floor. Councillor Cave stated that two weeks ago he asked that this matter be tabled and that the City Manager, staff and Council get together and go over all the items, and he personally does not think another motion is in order until that motion is rescinded. Councillor A. Vincent asked if the Mayor and Councillors would accept, for the good of the City, setting aside 7 p.m. and take this matter into legal session, not Committee of the Whole, and meet with the Irving representatives. He stated he understands that the City Manager did not do what he was asked to do- because we have asked him to do something else - you can only do one thing at a time. He stated that if Council would agree he would move that we set aside 7 o'clock and have a meeting. Councillor Higgins stated that while listening to the discussion, he feels the comment of the Chairman of the Land Committee that meetings have been going on between the Land Committee and the Irving Oil interests with reference to those items that Councillor Kipping was referring to is important. He asked if Councillor Davis would elaborate on his statement in this regard. Councillor Davis stated that everything has been going along very well in this respect and he is saying that even if everything was signed and traded with the Irving interests he would still object to signing this agreement as there are a couple of things he wants to discuss. Regarding the question of Councillor Higgins, he stated the Land Committee has one difficulty and that matter is now in the hands of Mr. Jack Irving and he believes it will be solved. He stated that the Mayor and Common Council will not be signing any agreements until all three recommendations of the City Manager are approved and they will not be approved until they are discussed. Councillor Cave stated he would agree with the statement of Councillor Davis provided that after the Land Committee meets with the principals that it comes back to Committee of the Whole for discussion. Councillor Kipping stated he feels it would be helpful if he clarified the intent of his motion at this time because it is at variance somewhat with what Councillor Davis is saying - if you read the three recommendations from the City Manager you will see that he wants Council to authorize the Mayor and Common Clerk to execute the documents, both the licence and the easement agreement. In that connection, he stated he could not agree with the form of the licence as it is presented because there happens to be a couple of parts of the licence which are at variance with instructions Council gave to the City Manager, following advice from the City Solicitor at previous meetings, so he could not agree with the present form. Another question is the licence fee and the third is requesting the company to meet with the Land Committee - no outstanding land transactions have been resolved as yet according to the letter from the City Manager in Committee of the Whole, in fact the Company has made a certain request in that regard which he cannot state because it is in Committee of the Whole. Councillor A. Vincent stated he feels Council should meet with the Irving interests this evening. The Mayor stated that the first motion would have to be withdrawn before the motion proposed by Councillor A. Vincent can be considered. On motion of Councillor M. Vincent Seconded by Councillor Cave RESOLVED that the matter be tabled for consideration in Committee of the Whole. Councillor A. Vincent noted that the Council cannot act on the matter in Committee of the Whole. Councillor Kipping stated he would agree with Councillor A. Vincent that the matter should be considered in legal session. • • • r FJ /1 asjs e .Zrvi% Oi, '&Xe CO, Pipe Z�Of^ 0 'R94g0ase Re-7-0 /* Cal,1 ¢. Ae w. C /•d�IL'.( A MCA wipin4 N� ti �S d,� S� .Cvc°a /.Tgiv� �%y.De9p�/i9h9E' 2xv!A• /7dC//s - coMM • /�e -,ZoOi i,sgg west` Side eo.o.w6sOYi ew Uloodside � 1 /7RRPZmei .41,dps. A& is IM4, Thomps 601 Question being taken, the motion was defeated, a tie vote having been created with Councillors Cave, Gould, Higgins, MacGowan, Pye and M. Vincent voting "yea" and the Mayor and Councillors Davis, Hodges, Kipping, Parfitt and A. Vincent voting "nay ". On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that the matter be tabled for consideration in legal session. Mr. Rodgers stated that any referral to legal session would be for the purpose of discussing any legal matters pertaining to the documents - Council cannot authorize the signing of those documents in legal session as it has to be reported out. "nay" Question being taken, the motion was carried with Councillors Cave, Higgins and M. Vincent voting On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, the Common Council approve of the conditions contained in the submitted agreement between the New Brunswick Community College and Fthe City of Saint John with respect to the proposed Provincial School for Fire Fighters, and that subject to the formalizing of the agreement by the Legal Department, the Mayor and Common Clerk be authorized to execute the said agreement on behalf of the City. Councillor M. Vincent abstained from voting on the above motion, he having declared a possible conflict of interest in the matter: In reply to a query from Councillor Kipping, Mr. Rodgers stated that he has checked the legal form of the agreement referred to in the above motion. In reply to a further query from Councillor Kipping, Mr. Barfoot advised that the matter of a bunkhouse for the said School will be the subject of a further recommendation to the Common Council and that the project is a good thing for the City of Saint John and the City will not lose money on the School. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the by -law entitled "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land on the east side of Gault Road commencing at a point approximately 100 feet south of Alvic Place and running southerly on Gault Road a distance of approximately 700 feet and having a depth of approximately 450 feet, from "RF" Rural district to "RM -1" up to Three - Storey Multiple Residential district, be read a third time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor MacGowan Seconded by Councillor Cave RESOLVED that the letter from the Civic Improvement and Beautification Committee, advising that on October 23rd, 1972, the Common Council adopted the suggestion of the said Committee that the City staff be instructed to prepare a total city -wide report on the feasibility and cost of underground wiring and set out the priorities for such a programme over a twenty -year period, with particular reference being given to the King Street -King Square area and other tourist focal points in the city, and that such a scheme be undertaken under the programmes of the Department of Regional Economic Expansion or the Local Initiatives Pro- gramme, if possible; that on February 10th, 1975, the Common Council received a request from the said Committee for action on the previous resolution and the,letter was received and it was resolved that a progress report be requested from the City staff within the next month with respect to the said resolution; and further advising that to date no progress report has been received by the Common Council, be received and filed and as requested by the said Committee, the City staff be instructed to take action on this matter immediately. On motion of Councillor MacGowan Seconded by Councillor Cave RESOLVED that the letter from the Planning Advisory Committee advising that the Committee at a meeting held on June 10th, 1975 discussed some minor construction then proposed for the West Side Community Hospital and it was noted that the Hospital, which has long been there, is in an "R -1B" One- Family Dwelling district, in which hospitals are not permitted (it actually precedes the zoning) and the Committee felt that the zoning should be changed so that the hospital site would be in a zone in which it is a permitted use, and advising that the Committee therefore recommends that the properties of the West Side Community Hospital, shown shaded on the submitted print, be re -zoned from "R -1B" One- Family Residential to "RM -1" Multiple Resident- ial classification, be received and filed and the recommendation adopted and authority be granted to proceed with the necessary advertising. In reply to a query from Councillor Kipping, Mr. Zides advised that the City's Zoning By -Law does not have an institutional type of zone and that institutions are permitted in certain classes of zones, and that the re- zoning is being undertaken, not at the request of the West Side Community Hospital, but on the suggestion of the Planning Advisory Committee. Read a letter from Mr. Murray Zides, Acting Commissioner of Community Planning and Development, with respect to the letter received by Council on June 16th last from residents of Woodside Park, advising of their deep concern that the proposal to build apartment buildings on the lot in the rear of and adjoining their pro- perty with access from St. Anne Street and with regard to the cutting of trees in a common land area in the rear of their complex by persons working for the new property owner, which letter was referred to City staff for a report to Council. The letter states that a meeting was arranged involving the Woodside Park residents, Mr. .Louis Michael and an associate, Mr. Manford Thompson, who is the developer of Woodside Park and originally the owner of the lot that Mr. Michael is building on, the Building Inspector, a representative of the City's Works Department and planning staff and advising of what transpired at that meeting, and advising that a further ,meeting was held at which were present Woodside Park property owners, Mr. Michael's associate, Mr. Michael's surveyor, the Building Inspector and planning staff, and at this meeting it was agreed as follows: (1) that plans would be prepared by the surveyor to show the location of the common property line between Woodside Park and the Michael property and that this line would be shown on the ground as well; (2) that fill would be placed by Mr. Michael's group at the property line for a slope not exceeding 10% for a distance of 15 feet more or less from the property line; (3) that a uniform slope would be brought from the foregoing slope to a point some seven or 60 On motion of Councillor Cave Seconded by Councillor Kipping RESOLVED that the letter from the Saint John Housing Commission advising the Council that it is the view of the Commission that it is unable to operate effectively and • fulfill its terms of reference without the services of a Housing Co- Ordinator, nor can it. effectively formulate future plans without some indication of when and if such a person can be secured and the f /OUS /n tabling of the request of the Commission which was laid on the table on May 26th for approval for the Commission to engage an interim Co- Ordinator has compounded the problem and the Council is asked to Co - Gird % %° either approve or disapprove of the request or advise when an answer will be forthcoming, be referred to C% L4 /J7yr. the City Manager for a report and recommendation to Council. Councillor A. Vincent noted that the Housing Commission is composed of very hard - working, interested citizens who give a lot of their time to the Commission, and he stated that unless the Council is going to give the Commission something to do and give it some authority it should be abolished, and he ' suggested that this whole matter should be studied by the Council. Councillor MacGowan stated she o�� recalls that the Council was considering meeting with the Housing Commission to discuss their problems, ✓ (- and she feels this would be advisable. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that the application of Rocca Construction Ltd., on pCC.i�/7/Ya�, ehalf of Baxter Dairies Limited, for re- zoning of properties on the west side of Millidge Avenue from , Valerie Street to the North, and Baxter Dairies Limited head office on the south, to Industrial clas- sification to accommodate the proposed extension to the existing processing plant of the said Baxter Dairies Limited on Millidge Avenue, be referred to the Planning Advisory Committee for a report and ® y recommendation to Council, and that authority be granted to proceed with the necessary advertising regarding this proposed re- zoning. /7�'��v/ S Councillor Cave stated he has been approached by a concerned resident of the above area with C.. Oi3 ". regard to the said expansion. Councillor Higgins suggested that the Council members should view the site of Baxter Dairies Limited to see the extent of the expansion of this firm in a residential area. On motion of Councillor Cave • Seconded by Councillor Higgins RESOLVEDthat the application of Alpha Investments & Agencies Ltd. or the re- zoning of approximately twenty acres of land in Glen Falls to "R -2" classification to allow eight feet behind the rear wall of the apartment building; (4) that all of the foregoing would be shown on a plan to be submitted and approved by Mr. Zides; (5) that, upon approval of the plan, foundation or basement permits only would be issued for the remaining two buildings; (6) that the building permits for • the structures above the foundation for buildings 2 and 3 of the project would not be issued until after the grading has been satisfactorily carried out in accordance with the approved plans; (7) that it would be difficult because of the slope of the land, the shale that is there, etc. to plant trees although sodding and perhaps even some shrubberies might be attempted. The letter states that this case points out the sad lack of respect that all too many builders and contractors in the City have for proper cutting of slopes and the preservation of existing sound tree growths and that the plans referred to in the letter have not yet reached the Planning office but are expected within a week or so and permits will not be issued until the described conditions are met. It was noted that Mr. Ralph J. Stephen, solicitor for Mr. Louis Michael, was present at the meeting. ' .- On motion of Councillor Cave Seconded by Councillor M. Vincent RESOLVED that Mr. Stephen be heard. Mr. Stephen stated he has had an opportunity to read the above letter to Council and he be- lieves the matter has now been tentatively resolved. He noted, however, that with reference to item 5 of the said letter, his client would like permission to be able to construct a floor on the foundations to ' shore up the walls so that the necessary backfilling can be undertaken without danger of damage to the foundations. In reply to a query from Councillor Cave, Mr. Stephen stated his client agrees with the recommendations contained in the said letter and he further stated it is unfortunate that this misunder- standing took place. , Mr. Zides stated that what Mr. Stephen has said regarding permission to construct floors on the foundations is the intent of the said item 5 in his letter to Council and would be included in the permit. On motion of Councillor Cave • Seconded by Councillor A. Vincent RESOLVED that the recommendations as outlined in the above Uloo l side 1AW letter from Mr. Zides with respect to the letter received by Council on June 16th last from residents of Woodside.Park, be approved with the understanding that the recommendation in the said letter regarding /- -- the issuing of foundation or basement permits for the remaining two buildings will include approval for �rn /S floors to be constructed on the said foundations. pe �a Councillor MacGowan, Chairman of the Civic Improvement and Improvement Committee, pointed out R�ijt/ 0/j O T to Mr. Zides that the Council recently adopted a recommendation of the said Committee that natural wooded ),.- 4lC/wl wooded areas be retained in developments in this City, where possible. arcs s On motion of Councillor Kipping Seconded by Councillor MacGowan , RESOLVED that the letter from the Saint John Housing Commission ysQ, Cp/y/N• informing the Common Council that it is the view of the Commission that a major obstacle to housing fiGl'/!7S O� development within the City is lack of serviced land, and that it is a further view of the Commission p that there needs to be a clarification of policy as between the Commission and the Council through its - O/" Land Committee as to which group should be seeking, regulating, or otherwise arranging for acquisition of �j•y ,/O� %Gi% G land for housing development, be referred to the City Solicitor for a report to Council on the terms of JJ reference of the said Housing Commission. On motion of Councillor Cave Seconded by Councillor Kipping RESOLVED that the letter from the Saint John Housing Commission advising the Council that it is the view of the Commission that it is unable to operate effectively and • fulfill its terms of reference without the services of a Housing Co- Ordinator, nor can it. effectively formulate future plans without some indication of when and if such a person can be secured and the f /OUS /n tabling of the request of the Commission which was laid on the table on May 26th for approval for the Commission to engage an interim Co- Ordinator has compounded the problem and the Council is asked to Co - Gird % %° either approve or disapprove of the request or advise when an answer will be forthcoming, be referred to C% L4 /J7yr. the City Manager for a report and recommendation to Council. Councillor A. Vincent noted that the Housing Commission is composed of very hard - working, interested citizens who give a lot of their time to the Commission, and he stated that unless the Council is going to give the Commission something to do and give it some authority it should be abolished, and he ' suggested that this whole matter should be studied by the Council. Councillor MacGowan stated she o�� recalls that the Council was considering meeting with the Housing Commission to discuss their problems, ✓ (- and she feels this would be advisable. On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that the application of Rocca Construction Ltd., on pCC.i�/7/Ya�, ehalf of Baxter Dairies Limited, for re- zoning of properties on the west side of Millidge Avenue from , Valerie Street to the North, and Baxter Dairies Limited head office on the south, to Industrial clas- sification to accommodate the proposed extension to the existing processing plant of the said Baxter Dairies Limited on Millidge Avenue, be referred to the Planning Advisory Committee for a report and ® y recommendation to Council, and that authority be granted to proceed with the necessary advertising regarding this proposed re- zoning. /7�'��v/ S Councillor Cave stated he has been approached by a concerned resident of the above area with C.. Oi3 ". regard to the said expansion. Councillor Higgins suggested that the Council members should view the site of Baxter Dairies Limited to see the extent of the expansion of this firm in a residential area. On motion of Councillor Cave • Seconded by Councillor Higgins RESOLVEDthat the application of Alpha Investments & Agencies Ltd. or the re- zoning of approximately twenty acres of land in Glen Falls to "R -2" classification to allow r n • cles,CG�z �e aoh /h C'oo�or� G / e40r 1� C.? //s /I -A S /tea //S �eea. 6gssoe. "Y' 6! iu -off ph��P L E G A L 1/BeO9se- ,F9_veme 0i/ ,Pi)9a • 147 IRNW Coo ' C°omm. 44i 4"d Aia as'�% bip S Q T��rhg yi¢ev�S • X03 the construction of one- and two - family homes, be referred to the Planning Advisory Committee for a report and recommendation to Council, and that authority be granted to proceed with the necessary advertising regarding this proposed re- zoning. Councillor Kipping stated he feels the Council will be making a mistake to have this re- advertised as this application is coming in the face of quite some strong opposition from the residents of Glen Falls and he thinks that one of the statements:in.,theeletter of application to the effect that their engineers tell them that the Marsh Creek sewer system can adequately handle the sewerage from this project, is not quite factual, which can be backed up by at least two consulting firms that he knows of, including the Proctor and Redfern report. It was noted that the said firm has the right to re -apply for this re- zoning and have the necessary advertising and recommendation from the Planning Advisory Committee. Question being taken, the motion was carried with Councillors Gould, Kipping, MacGowan, Pye and M. Vincent voting "nay ". On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that the letter from the City Manager with regard to payment of invoices for equipment rental from D. Hatfield, Ltd. be placed on the agenda. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, approval be granted for payment of the following invoices for equipment rental: D. Hatfield, Ltd. - to the Works Dept. April 16 -30, 1975 (dated May 5, 1975) $ 8,832.60 - to the Water Dept. May 1 -15, 1975 (dated May 20, 1975) $ 8,53+•50 - to the Sanitation Dept. May 16 -31, 1975 (dated June 3, 1975) $ 2,388.00 Councillor A. Vincent voted "nay" to the above motion as he does not like to have payment of invoices added to the agenda as he does not have time to check them. Councillor M. Vincent commented that he is pleased to see the contents of the letter from the Minister of Supply and Services to the Greater Glen Falls Recreation Association, copies of which were supplied to the Council members for information, concurring with the successes of the said Association which previously appeared before the Council. Councillor A. Vincent asked for a progress report on the Marsh Creek matter regarding meeting with the Provincial Government. The Mayor stated he would supply Councillor A. Vincent with this information. The Mayor noted that the tug -of -war team from the Saint John Dry Dock recently won the Canadian Championship in Ottawa and he wished to compliment the team in this regard. Following a session in Committee of the Whole, the Committee arose and the Mayor resumed the Chair, in Legal Session of Council. Discussion ensued regarding the Easement and License documents which relate to the proposed Irving Oil Limited oil pipeline. Consideration was given to correspondence from the City Solicitor, dated June 27th; 1975, with regard to the said documents. Mr. Barfoot informed the Council that he presented the documents to Council for discussion at this meeting and that these documents will not be executed pending the finalization of other outstanding land transactions with the Irving interests, as outlined in his report to Council at this meeting. Also considered was a letter from the City Manager to the Council, which was distributed to the Council members for information purposes, outlining the route of the proposed oil pipeline. Various clauses in the said documents were discussed at length and the staff was instructed to make minor changes to the documents, as suggested by the Council members. Mr. Jack Irving, Mr. A. B. Gilbert, Q. C., and Messrs. Klohn, Taylor and Senters, representing the Irving company, entered the meeting and were advised of the changes to date in the documents, which have been requested by the Common Council. The matter of several unresolved land transactions were also briefly discussed with the company representatives. It was decided that a meeting of the Land Committee would be held on Thursday, July 3rd, to meet with the company representatives to discuss these unresolved matters. Following further discussion on the documents, it was agreed that a meeting of the Common Council, meeting in Committee of the Whole, would be held on Friday, July 4th, at which representatives of Irving Oil Limited will be present, for discussion on the land transactions to be finalized, as a result of the Land Committee meeting to be held on Thursday. On motion The meeting adjourned. Common rk. 0 604 At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the seventh day of July, A. D. 1975, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Hodges, MacGowan, Pye, Parfitt, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, M. Zides, Acting Commissioner of Community Planning and Development, J. C. MacKinnon, Commissioner of Engineering and Works, E. Ferguson, Chief of Police, P. Clark, Fire Chief, A. Ellis, Building Inspector, and H. Ellis, Budget Officer The meeting opened with silent prayer. The Common Clerk advised that advertising was completed regarding the proposed re- zoning of an area of land containing two proposed lots off the northerly side of the Ashburn Road, 916 feet westerly from the Drury Cove Road and containing respectively 40,000 and 38,673 square feet, from "RF" Rural to "I- 1" Light Industrial district classification, to permit the construction of two additional service buildings by A. C. Fairweather & Sons Ltd., and that no written objections were received in this matter. It was noted that there were no persons present to offer comment regarding the said proposed amendment. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land J containing two proposed lots off the northerly side of the Ashburn Road, 916 feet westerly from the Drury Cove Road and containing respectively 40,000 and 38,673 square feet, from "RF" Rural to "I -1" Light Industrial district, be read a first time. A C° Fairca"RM .t Sows_ /anh. Adv% s. romm- /� C.F�rrwe�r% /''ot 1le !/owes ,C6d. Councillor MacGowan voted "nay" to the above motion. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendment Thereto ". On motion of Councillor Green Seconded by Councillor Cave RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land containing two proposed lots off the northerly side of the Ashburn Road, 916 feet westerly from the Drury .Cove Road and containing respectively 40,000 and 38,673 square feet, from "RF" Rural to "I -1" Light Industrial district, be read a second time. Councillor MacGowan voted "nay" to the above motion. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee, regarding the re- zoning of land on the north side of Ashburn Road, near Drury Cove Road, as requested by A. C. Fairweather and Sons Ltd., in order to permit industrial uses, and recommending the said re- zoning, pursuant to a resolution under Section 39 of the Community Planning Act requiring that no buildings or structures be placed on the two lots until the various plans, including the site plans, are approved by the Municipal Planning Director, be received and filed and the recommendation adopted. The Common Clerk advised that advertising was completed regarding the proposed re- zoning of a parcel of land on Manawagonish Road to the west of the C. L. Francis Construction Company property (near Gault Road intersection) with a frontage of 570 feet approximately on Manawagonish Road and a depth of approximately 500 feet, from "RF" Rural to "B -2" General Business district classification to permit a mobile home sales lot to be operated by Clearview Mobile Homes Ltd., and that no written objections were received in this matter. It was noted that there were no persons present to offer comment regarding the said proposed amendment. On motion of Councillor M. Vincent • • • Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning a parcel of land on Manawagonish Road to the west of the C. L. Francis Construction Company property (near Gault Road intersection with a frontage of 570 feet approximately on Manawagonish Road and a depth of approximately 500 feet, from "RF" Rural to "B-2" General Business district, be read a first time. Councillor MacGowan asked if the number of mobile homes to be located on the said lot will be twelve as shown on the layout and if the company exceeds that number, what would happen. Mr. Zides stated that the company has said the lot would contain twelve mobile homes and that if the company wishes to exceed that number it would have to come back to the City and get a variance or adjustment. In reply to a query n,. -fir from Councillor MacGowan, Mr. Zides stated that in order for the City to ensure that the company follows the layout as submitted, the Council can actually have a contractual agreement made with the said company. Moved in amendment by Councillor MacGowan • Seconded by Councillor A. Vincent RESOLVED that the above re- zoning be subject to an agreement etween the City and Clearview Mobile Homes Ltd. under Section 39 of the Community Planning Act, to ensure I 605 that the proposed mobile home sales lot will be in accordance with the layout submitted to the City. • Question being taken, the amendment to the motion was carried. Question being taken, the motion as amended was carried. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor A. Vincent Seconded by Councillor MacGowan ' RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning a parcel of land on Manawagonish , J;J Road to the west of the C. L. Francis Construction Company property (near Gault Road intersection) with a ���;e� frontage of 570 feet approximately on Manawagonish Road and a depth of approximately 500 feet, from "RF" Rural to "B -2" General Business district, be read a second time, subject to an agreement between the City and Clearview / wIleli� Mobile Homes Ltd. under Section 39 of the Community Planning Act, to ensure that the proposed mobile home sales /tv lot will be in accordance with the layout submitted to the City. ' Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee, recommending the re- zoning of a parcel of land on Manawagonish Road, as requested by Clearview Mobile Homes Ltd., in order to C0/97PiJ. permit use of the property as a mobile home sales lot, pursuant to a resolution under Section 39 of the Community Planning Act, be received and filed and the recommendation adopted. Xv4k e f/ The Common Clerk advised that the necessary advertising took place regarding the proposed closing of • ��� Sutton Street and that a letter has been received from Mr. Harry W. Adams, 424 Lancaster Street, West, objecting to the proposed closing. No persons were present to offer comment in this matter. f%i/P dam/. It was noted that on June 9th, 1975 the Council adopted a recommendation of the Land Committee that ��iyls the said portion of Sutton Street be advertised for closure and that upon completion of said closing, the said land be sold to Mr. Bruce Latham. Councillor MacGowan asked Mr. Zides for his opinion on the proposed closing. Mr. Zides replied that � nq he would like to have an opportunity to check the deed of property of Mr. Adams and also view the site, before expressing an opinion. On motion of Councillor M. Vincent Seconded by Councillor Hodges Sao' RESOLVED that the proposed closing of a portion of Sutton Street be laid on the table for further.information. eJ 6t 007 ,Z Question being taken, the motion was carried with the Mayor and Councillors Cave, Davis, Green and Gould voting "nay ". Mr. J. M. Brittain, Chairman of the Transportation Committee of the Saint John Board of Trade, appeared before the meeting, and read a prepared brief regarding the congested traffic condition in our city, which j, outlines the immediate priorities as follows: (1) recruitment of a highly qualified traffic engineer for Saint 9� John who can guide Council on future planning; (2) the eastern section of the Saint John Throughway should be lr-��de opened during construction for use this summer; (3) it is understood that $15 million is still to be committed F�_ for the completion of the Throughway and City Council should immediately seek firm commitments to have this Clu'VpW money available when required; (4) policy and provision for parking facilities in the Central Business District should be established; (5) the Civic Government should continue urging the Provincial authorities to begin • ',e building the link between Highways #1 and #7; (6) a program of driver education for local motorists should be if developed. The brief from the Committee further recommends the following as an initial program to improve in- COildfeS-2�10 city travel: (1) the Police Department should implement more training programs for their staff regarding the various aspects of traffic control; (2) the Committee recommends increased police surveillance of areas where Tp -'• " e 0n traffic build-up is a problem; (3) local media should encourage motorists to use alternate routes in the City -Thewsatolwc?yllduring peak traffic hours; (4) where possible, maintenance work on city streets should not be carried out ;now Ii%9 ho between the hours of 8.00 a.m. and 6.00 p.m.; and (5) urging an extensive program to encourage motorists to use L alternate routes through the city. Proposed alternate routes through the City for motorists coming into or /wpYa6S3 leaving by way of Haymarket Square and Rothesay Avenue have been tested and mapped out by the Committee, and are / !o ljl7 1_ more particularly described in the said brief. The brief stated that as business people and citizens of the 'p a`j�0� H Saint John area, the Committee feels it is imperative that the City Council take the initiative in attempting to -7�L jlou ease traffic congestion in our city, and that it would be disastrous to allow the present situation to grow G'cl �if O% worse while awaiting the completion of the Throughway. / $f+a�ldl The Mayor suggested possibly the Committee should have recommended as a number one priority that O �C@ f�g driving lessons should be given for many of the drivers in the City and the other thing that has to be con_ 7-__ pp /e idered is that the City has to bear the weight of the taxes, and thirdly, he suggested that if the Transport- ation Committee could meet with the City's Traffic Committee the matters raised in the brief could be discussed with them as well. loop% %!$OtbGL4rs) Councillor Parfitt asked if the Board of Trade has considered a campaign of how to reduce the number 41 &j"% ,aG c of cars coming into the City. She noted that at a recent meeting of municipal representatives from surrounding 10119M e areas on transportation, it was suggested that the train service from Sussex and Welsford to the City, should be PO 60f eS implemented as it was years ago. She also suggested that the Board of Trade might encourage car pools, use of public transit facilities, or encouraging people to leave their cars on the fringes of the City and use public transportation. Mr. Brittain replied that the Transportation Committee has definitely considered these suggestions although it is something that will require a lot of study and a great deal of education. He noted that one of the items suggested for an education program would cover this suggestion. He stated that there are 3.3 miles of the Throughway from just this side of the Drury Cove Road to Gilbert Street which is driveable, and although it is in a very deplorable condition, the Committee feels very strongly about the opening of this section of the • Throughway and the Committee feels there is absolutely no reason why this section of road could not be made ,[ useful within one, two or three months. The Mayor stated that the Council has discussed this point with the engineers of the Provincial Department of Highways and they advised Council that they have a policy that until the project is completed they will not permit traffic on this section. Councillor Cave noted that most of the items listed as immediate priorities in the brief have been or are being taken care of. The Mayor noted that he has already elaborated on the suggestion that the eastern section of the Throughway could be used; regarding the 606 $15 million still to be committed for the completion of the Throughway, he advised Mr. Brittain that this amount is close and that the City is trying to encourage to have the Throughway going straight through, rather than using some of it to build the exits and entrances. He stated that the Government has picked • up some of the Council's ideas and will try to implement them. Regarding parking facilities in the central business district, he stated this is a problem that the Council is trying to do something about. A committee of businessmen recently met with Council who have some good ideas, and it is just finding the right location that satisfied everyone and the money to do the job, and the City is still looking for the right location. The Mayor stated that the City is discussing with the Provincial authorities the link S ✓.�� r/p/e between Highways #1 and P. He stated that the Council is prepared to keep the Board of Trade informed land will take advice in order to speed these matters up. Councillor M. Vincent stated that everything stated in the brief regarding parking and traffic is exactly right and that it is his opinion there is no reason why the eastern section of the Throughway cannot be opened earlier, but as noted by the Mayor, this is not the policy of the Provincial Government. , eor19 e5-z6% Or/ Regarding the two recommendations of the brief regarding the Police Department, he advised Mr. Brittain that traffic generally does not come under the Police Department, but comes under the Commissioner of Works and his staff. Councillor MacGowan stated that regarding using the eastern section of the Throughway, the ���n�� n/� to reason this is not operational at the present is that the land has to settle before paving. Mr. Brittain i/ stated that two engineers are members of the Board's Transportation Committee and they have said that c' that portion of the Throughway could be completed properly and used, in their opinion. Councillor Green advised that the Saint John Parking Commission as of noon today has provided 125 additional parking spaces in the Smythe Street area on a temporary basis until construction is commenced in the area. Councillor Davis stated that the Council has investigated the use of the eastern portion of the Throughway and the City has looked at it with the point of view of connecting it with Celebration Street, 7-h^9 / with Paradise Row and on out Main Street. He stated that Paradise Row will be finished this year and the / Wright Street connection should be finished this year too. He stated that on the surface it appears a CB %6ioh very easy thing to do and that that suggestion and another suggestion were both thoroughly investigated by the Department of Highways in Fredericton. He stated it is very easy to say there is no problem and • 4O /SeW the only problem with this.connection through to Main Street is that it would cost an additional one quarter of a million dollars to do Winter Street. He noted that construction will soon begin on Hay- market Square and the problem will be greater. He stated he feels that the Throughway is being designed as a Throughway, although everybody is considering is as a City street. He stated that if the Board of Trade wants to do something constructive, we should be going after the straight approach out Winter Street and Paradise Row and then the through traffic will go right through. He stated he does not think it would be beneficial to come off at Haymarket Square nor does he think it will be practical to use Sandy Point Road, as suggested by the Board. He stated we have no solution and that we have alternate Sal �R routes working and have obtained certain rights -of -way which will make the use of the causeway work more efficiently. Councillor A. Vincent stated he finds it almost disgusting to know that we are going to go ahead with the work at Haymarket Square, knowing that it will be 1985 before the Throughway is finished. He further stated he is shocked to hear that the Parking Commission is leasing parking spaces on the site ' on Smythe Street as he thought this was to be the site of the new civic centre. He stated he thinks we can use part of the Throughway but he does not feel we can go ahead with tearing up Haymarket Square /_/ AQ.� without coming up with an alternate route. He stated he is further shocked that the Throughway is being ah K built without any agreements between the parties being signed. The Mayor stated that he feels the empty (. e lot on Smythe Street is well used as a parking lot. In reply to a query from Councillor A. Vincent, Councillor Green advised that the rate for the said parking spaces is $15.00 per month. Councillor Cave suggested to Mr. Brittain that the City has covered or are working on the suggestions of the Board of Trade. Mr. Barfoot stated that the City is looking for a traffic engineer and has been advertising for this position for some years but the difficulty is to pay enough money to attract a full -time traffic engineer for the City. In the meantime, the City has sent certain staff members away for specialized l traffic training. With respect to Haymarket Square and the construction that is shortly to take place there, he stated that the problem there will be worse then than it is now and the City has for this • reason postponed the Provincial work at Haymarket Square in order that the Courtenay Bay Causeway may be fully operational at either end. Mr. Brittain enquired when the Causeway will be fully functional with the new approaches at either end. Mr. Barfoot replied that it will be functional in three weeks, and following that there will be still some work to do on the centre portion. With respect to the opening of the Throughway itself, as has been stated, the main problems are not with the Throughway itself but with the intersections such as Haymarket Square, Ashburn Road, etc. and unless the intersections can handle the volumes we would still have problems and until these intersections are built up by the expenditure of many millions of dollars the Throughway cannot operate in an efficient manner. He stated that the use of the Smythe Street lot for parking is merely on an interim basis on a month to month lease arrangement. Discussion ensued regarding the widening of the centre portion of the Courtenay Bay Causeway , and Mr. Barfoot advised Councillor A. Vincent that this work should be completed approximately by the summer of next year. The Mayor thanked Mr. Brittain for his presentation and advised that the Council will render a decision, later in the meeting. �?a /Ph �ande Mr. Ralph Landers, President of the Taxi Owners and Drivers Association, appeared before the Ymeeting to discuss the following requests contained in their letter of July 3rd last, namely: (a) the ' TT /aX/ 19W/7C4''S 9� appointment of a full -time Taxi Inspector; (b) an increase in the minimum fare of $1.00; and (c) several changes in the departmental regulations of the Saint John Police Department and the Saint John Fire Department. Mr. Landers noted that the first request of the Association has been taken care of as the / Chief of Police appointed a Taxi Inspector this date and he stated he has already met the appointee to e7iC/ �rI$O�TTi D this position and feels he has some good plans and ideas and that maybe the taxi industry will run X� ;t4 the smoother in the City. The Mayor noted that the City had previously had a Taxi Inspector who was moved to %a7i X/ /aW /G another position, and that the vacant position was filled with the appointment today. In reply to a query from Councillor A. Vincent, the Chief of Police advised that Sergeant John McCarthy was appointed ?IV1 /Cg e Taxi Inspector as of this date. �e Ooti"re P jlQp((� %/ puff Regarding the request for an increase in the minimum fare of $1.00, Mr. Landers stated they would request an increase in this fare to $1.25 due to increased costs of gasoline, insurance, labour, J etc. as the Association finds it is unable to operate under the $1.00 minimum fare. He stated that the *e5�pi)1ZfA7eP1re third request of the Association would be to change the regulations of the Police and Fire Departments which rules out any employees of these departments working part -time in the taxi industry. He stated I • • %xi �y- c,,,�� �se/�/e�ris Oi /pipe s�icea/s e �Qe •162 enrN seeven3re AI00A7 • 607 that the reason for this request is that it is extremely difficult and almost impossible to find either full - time or part -time drivers in the City. Mr. Landers advised that today there are 50 less cars in the taxi industry than there was at the time of the last increase in fares. Councillor A. Vincent stated he does not see why, when taking a taxi from the airport he has to transfer at a local hotel to get a taxi to transport him to his residence. Mr. Landers replied that the airport limousine service is not part of the taxi industry in the City, and comes under the Ministry of Transport. He noted that you can take a taxi from the airport to the City, although the cost is higher than the limousine service. The Mayor thanked Mr. Landers for his presentation and advised that the Council will render a decision, later in the meeting. Read a letter from the City Manager, dated July 4th, 1975, advising that the matter of an oil pipeline through the City has been at various stages of discussion with City officials and officials of the Irving Oil Limited company since the fall of 1973 and that the location of the oil line through the City streets was finalized at the staff level, subject to minor changes, in December 1974; further advising that the pipeline proposal has been examined in detail by the Works Department and the Fire Department and that the operations of the pipeline contractor on City streets will be subject to inspection by the Works Department, particularly in the areas of traffic control, other underground utilities, and pavement replacement and that the necessary inspection staff will be placed on the job at the expense of the contractor, so that the City's interest is protected. The letter further advised that the Fire Chief has also thoroughly examined the pipeline proposal and has discussed the implications with other Fire Departments, and is satisfied that the planned pipeline provides no problems from the viewpoint of the Fire Department and that the experience of other cities is that pipelining of petroleum products is safer than surface transportation; further advising that the terms of license and easement have been discussed at a number of meetings between staff and representatives of the company, and documents from the company were tabled at the Council meeting of June 9th, 1975 pending a report in this matter from the City Manager and that the license and easement submitted to the Council meeting of June 30th have since been further modified and are being submitted to Council. With respect to a number of other land transactions with the Irving interests, the City Manager notes that the Land Committee is presenting a number of recommendations for Council's approval at this meeting. In regard to the license fee, the City Manager is recommending an annual fee of $500.00 which is similar to that charged by the Railways for sewer and watermains within their right -o£ -ways, and which is a recognition of the continuing administrative costs to the City of the oil line under the street. The said letter notes that the Land Committee has separately recommended that the required easements be granted over City lands for the sum of $4,100.00 and that the Company has accepted the easements costs, but has requested that the license be granted for the sum of one dollar. The said letter from the City Manager recommends approval by Common Council of the submitted license and easement agreements, and that the Mayor and Common Clerk be authorized to execute these documents, and further recommends that a license fee of $500.00 per annum be charged for the oil pipeline license. On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that the above letter from the City Manager be received and filed: AND FURTHER that as recommended by the City Manager, the Common Council approve the license and easement agreements with respect to the Irving Oil Limited pipeline as submitted at this meeting, and that authority be granted for the Mayor and Common Clerk to execute the said documents on behalf of the City of Saint John: AND FURTHER that as recommended by the City Manager, a license fee of $500.00 per annum be charged for the oil pipeline license. In reply to a query from Councillor MacGowan regarding the safety of the said oil pipeline, Fire Chief Clark stated that there are shut -off valves along the said pipeline. Councillor Pye stated that although ten of the eleven outstanding land transactions have been satisfact orily concluded they have failed to deal with one of the most important, namely, replacement of the Hazen Creek sewerage lagoon. Councillor A. Vincent stated that as a member of the Land Committee, he finds the statement of ;Councillor Pye in this regard to be untrue. Several Council members agreed with the view of Councillor A. Vincent. Councillor Pye stated he would urge Council to oppose the signing of the oil pipeline agreement until the Hazen Creek sewerage lagoon project is satisfactorily concluded. Councillor Davis noted that 27 land transactions were completed with the Irving interests. He stated that the pipeline has been well- designed because of the way it is engineered insofar as its construction and its location is concerned. He stated that less than 9% of the pipeline is on City streets and he further stated that our primary interest should be in the safety of the pipeline no matter where it is located in the City, and he feels this has been very well done. Regarding the statement of Councillor Pye, he stated that all of the unresolved items involving land transactions have been finalized. Councillor Parfitt stated she checked a statement made on a local radio station this date which intimated that the pipeline was not vital and on checking with the Power Commission in Fredericton she was advised that it might not have been vital in the past but that it is vital now as Coleson Cove is scheduled to be on stream next year. Councillor Green noted that by having the pipeline we will be taking 200 trucks off the City streets per day from the Refinery to Coleson Cove. Councillor M. Vincent stated he feels the citizens should be told that they were well- represented in regard to land transactions involving this pipeline and the related items appearing on the agenda of this Councillor Hodges stated that the Irving company had previously received permission for this pipeline by statute in 1957 or 1958 and that the only way the City could enter into it was how and when it was to be constructed. Councillor Davis stated that one of the astonishing facts to arise from these negotiations was that he City dealt with 9 easements and 18 land transactions - involving a total of 27 items. He outlined the costs nvolved in these transactions, totalling approximately 20 million dollars in projects. Councillor MacGowan stated she feels that the Land Committee has negotiated an unbelievable number of tems and she stated she has never been as pleased with such an achievement as those which have been completed, y all the parties involved. 608 .Carrel �irimh4 .1 rvir�9 i �ase�at ,fir ?Wee X� ke rya et, /iae ,�asemenf fewer ,�dSPrrrent ��dermairr, 6rid9e Se,47e401' /171;rehi',e/r. fiver /iae zeaSe of /ah PuarP fioase � .Sealer %iae S�hee� �vide�ii lon �o/r1ohG xaad hand -'or SXt eel lr%deair OWL Ifd IE'XCn�/9e, Question being takeh, the motion was carried with Councillors Cave and Pye voting "nay ". On motion of Councillor Davis • Seconded by Councillor A. Vincent RESOLVED that as recommended by the Land Committee, authority ;be granted for the purchase of four easements from the Irving interests, which are required for the Marsh Creek Sewage Lagoon, comprising a total area of 12,981 square feet, at a cost of 10¢ per square foot. In reply to a query from Councillor A. Vincent as to how long the City has been using the above land, the Mayor replied that it has been used by the City for five years. On motion of Councillor Green , Seconded by Councillor A. Vincent RESOLVED that as recommended by the Land Committee, authority be granted to the purchase of an easement from the Irving interests, which is required for the Spruce Lake waterline, comprising a total area of 50,686 square feet, at a cost of 2¢ per square foot. In reply to a query from Councillor A. Vincent as to how long the City has been using the above land, the Mayor replied that it has been used by the City for four years. ' On motion of Councillor Green Seconded by Councillor A. Vincent RESOLVED that as recommended by the Land Committee, authority be granted for the purchase of an easement from the Irving interests, which is required for the Western Residential Collector Sewer, comprising a total area of 7,450 square feet, at -a cost of 10¢ per square foot. In reply to a query from Councillor A. Vincent as to how long the City has been using the above land, the Mayor replied that it has been used by the City for two years. • On motion of Councillor Hodges Seconded by Councillor A. Vincent RESOLVED that as recommended by the Land Committee, authority be granted for the purchase of an easement from the Irving interests, which is required for a watermain relocation at the Marsh Bridge Trestle, comprising a total area of 3,300 square feet, at no cost to the City. In reply to a query from Councillor A. Vincent as to how long the City has been using the above land, the Mayor replied that it has been used by the City for two years. On motion of Councillor Green Seconded by Councillor A. Vincent RESOLVED that as recommended by the Land Committee, authority be granted for the purchase of an easement from the Irving interests, which is required for the Milford - Randolph- Greendale subdivision sewer line, comprising a total area of 150,000 square feet, at a cost of 10¢ per square foot. In reply to a query from Councillor A. Vincent, the City Manager confirmed that the company had previously given permission to the City to use this property. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the letter from the Land Committee, advising that the Irving interests have agreed to lease to the City the land required for a pump house for the Milford - Randolph- Greendale sewage system and that the company has agreed to accept payment from the City of the • value of such property based on 10¢ per square foot of the land required and the sum of $1.00 a year thereafter, and that such lease will terminate when the sewage system is no longer required, be received and filed and the Council approve of the said terms. 4 Councillor A. Vincent asked if the City Manager would explain that this is the cheapest land ever purchased by the City for a pump house. On motion of Councillor MacGowan Seconded by Councillor A. Vincent RESOLVED that the letter from the Land Committee, advising ' that the Irving interests have agreed to deed 3,559 square feet of land to the City to be used for the widening of the Loch Lomond Road near McDonald Street, with the understanding that an equal area of City - owned land will be deeded to the said company, be received and filed and the Common Council approve of this exchange of property. In reply to a query from Councillor A. Vincent, the Mayor stated that there was no problem with the Irving interests regarding this transaction, and it is true that the company did in fact agree to deed more land than was requested by the City. On motion of Councillor Green Seconded by Councillor Hodges RESOLVED that the letter from the Land Committee, advising that e Irving interests have agreed to deed to the City five parcels of land totalling 46,276 square feet quired for the present Bayside Drive widening, two parcels of land totalling 20,252 square feet for ture widening, and one parcel of land for the eastern approach of the Causeway, totalling 5,000 square et, and that an equal area of City -owned land will be deeded to the said company, be received and filed d the Common Council approve of this exchange of property. On motion of Councillor Green Seconded by Councillor Hodges RESOLVED that the letter from the Land Committee, advising that the McAllister Arterial requires certain lands owned by the Irving interests and that the company has agreed to deed fourteen acres to the City and the City will exchange with the company other lands to the u F, 609 south that the City may acquire and in the event these lands cannot be acquired, the City will exchange other r %� ands; further advising that the Land Committee has agreed that if this exchange is concluded, the properties west of the McAllister Arterial should be zoned for industrial purposes, and in addition to this, the company .Z wi N/ will grant a portion of land to provide a 66 -foot right -of -way to the housing sub - division being approved for the f✓%9��stryP, area and that the Land Committee will attempt to acquire two lots in the rear of the sub - division for which the company will pay the prorated amount, be received and filed and the Common Council approve of the said land transactions. TOY Sld� AG% On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that the letter from the Land Committee, dated June 3rd, 1975, advising that the Irving Oil Company has requested an easement for their projected oil pipeline over lands owned /- by the City in the Fairville Boulevard area and that City staff has now reached agreement with the Irving interests sScfo%77 pg¢ on the form of the easements and licenses to be given to the company for this pipeline, which covers such matters as reinstatement of land, accommodation works, etc. and recommending that the City of Saint John grant an easement OV1,01;0ellt7f for an oil pipeline over the City lands described in the said letter, for the sum of $4,100.00, on the terms and �� af/ conditions for easement agreed between the City and the company, be received and filed and the recommendation f,, adopted. ' Ja7pv/l /e Question being taken, the motion was carried with Councillors Cave and Bye voting "nay ". .7 On motion of Councillor Davis 1. Seconded by Councillor A. Vincent RESOLVED that the letter from the City Manager with respect to several sewer easements required from property owners in connection with the Milford - Randolph - Greendale project, be added to the agenda of this meeting. On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that the letter from the City Manager advising that it is necessary for the City to acquire several sewer easements from property owners along the route of the Milford - Sewrer Randolph - Greendale project and that City representatives and the apparent owners of one of the parcels, a one Mr. 2/)�S Norman Lockhart, have not been able to reach an agreement satisfactory to the City with respect to the acquisition M of the easement, and recommending that Council take steps to expropriate an easement as shown on the submitted /%% /�TOp1ffi, ek. plan, be received and filed and the recommendation adopted and that the City Solicitor be authorized to file the sewed gibe necessary Notice of Intention to expropriate with the Expropriation Advisory Board. I " '" It was noted that the above letter from the City Manager advises that the resolution authorizing the filing of the Notice of Intention does not constitute the expropriating resolution and that the actual exprop- RPo10Pp'/ riating resolution will come at a later date following adoption by Council of a resolution confirming its Notice C��'�e/iy of Intention and that the confirming resolution by Council will take place following the Board's recommendation to Council. On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that the brief submitted to this meeting by the Transportation Committee of the Saint John Board of Trade regarding traffic conditions in the City, be referred to the appropriate l civic staff and the Traffic Committee, for a report and recommendation to Council. On motion of Councillor Gould C ;� •A Seconded by Councillor Hodges ooJJd�!! � m RESOLVED that the Mayor be authorized to appoint a Council committee to eet with representatives of the Taxi Owners and Drivers Association regarding their presentation made at this COA7M /A �e meeting of Council. •tie 7�x /' Councillor A. Vincent asked that the City Solicitor supply the Council members for the next meeting �a�d✓ with a transcript of the Judges' remarks made during the two cases involving Omega and Millidgeville Estates, O�A presently before the courts. The City Solicitor stated he would supply such transcripts. On motion AsSo� The meeting adjourned. L'a6sv�. %�• vf� Lie Common Clerk. u L_ 610 At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the fourteenth of July, A. D. 1975, at 4.00 o'clock p.m. present • E. A. Flewwelling, Esquire, Mayor Councillors Davis, Gould, Green, Higgins, Hodges, MacGowan, Pye, Parfitt, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, M. Zides, Acting Commissioner of Community Planning and Development, J. C. MacKinnon, Commissioner of Engineering and Works, A. Ellis, Building Inspector, D. Buck, Deputy Commissioner, Housing & Renewal Services, E. W. Ferguson, Chief of Police, P. Clark, Fire Chief, H. Ellis, Administrative Assistant, J. Gabriel, Deputy Commissioner of Administration and Supply, and S. Armstrong, Chief Engineer of Operations The meeting opened with silent prayer. ' On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on June 30th last, be confirmed. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on July • 7th last, be confirmed. On motion of Councillor Pye �5��� /t Seconded by Councillor M. Vincent [e/h7 ��� /r RESOLVED that as recommended by the City Manager, approval be /� CO. atd granted for payment of the invoice from Stephen Construction Co. Ltd., in the amount of $38,914.93, for supplying asphalt to the Works Department during the period June 16th to 30th, 1975• 72nder Asdor kt. %e`,�ler acct �ipe�corru ¢ COU� // YJggS FairYi //e � r Ps�c�td. On motion of Councillor Pye Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of , Asdor Ltd. for the supply of pumping units for the Lancaster Lagoon Lift Station in the amount of $72,472.24, be accepted, being the lowest tender received, and that the Mayor and Common Clerk be authorized to execute the contract with the said firm on behalf of the City of Saint John. On motion of Councillor MacGowan Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the lowest bid eived for supplying 800 feet of 42 -inch corrugated metal pipe and 45 couplings for same to be installed Fairville Boulevard, namely, that of Atlantic Industries Ltd., in the total amount of $17,382.60, luding tax, be accepted. In reply to a query from Councillor Hodges, Mr. Barfoot advised that the said pipe will be nstalled from Fairville Boulevard out to the creek area, through property owned by Galbraith Constru- tion, which area is presently subject to periodic flooding. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the report submitted by the City Manager and the Commissioner of Engineering and Works regarding the City's annual lean -up campaign, advising that the C� budgeted amount for 1975 was $14,500.00 while the actual cost was 14,587.83, and enclosing an analysis of W�e�s the material handled and the cost of the clean -up, and complimenting Mr. Murray Baxter and his staff in carrying out the successful clean -up campaign, while at the same time keeping within budget limitations, be received and filed. efi Zy /1%y r. %ol �?e 172 /cckaR Ce Oh/vaCL1 5000 R etdmen�- e2 7 �BY• Covt, re <$per,�a/ f%reas .f(Y_0fC_06 Zen: On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the City Manager, with respect to the quest from the Saint John Defense Lawyers Conference that the interview cells at the Police Department ckup afford the proper degree of privacy, which was referred to staff for a report on April 21st last, vising that this matter was followed up by the Police Department and that the necessary soundproofing s been completed in these rooms, at a cost of $398.35, be received and filed, and the said Saint John fense Layyers Conference so advised. On motion of Councillor Green Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager, submitting mendment Number 27 to the Agreement between the Province of New Brunswick and the City of Saint John, ated August 30th, 1971, advising that the purpose of this amendment is to reflect adjustment for D.R.E.E ayments charged on the 100:0 and 50:50 basis, respectively, to Projects 16 (a) and 16 (b) to the amended atio of 50:50 for Project 16, and recommending that the Common Council approve of this amendment to the pecial Areas Agreement, be received and filed and approval be granted of the said Amendment Number 27, nd that the Mayor and Common Clerk be authorized to execute the said amendment on behalf of the City. • 1 • I I 611. Mr. Barfoot advised that the above amendment is necessary as the project was not entitled to receive Central Mortgage and Housing Corporation financing, as had originally been planned, and therefore the project • will now be under under financing of the Department of Regional Economic Expansion programme, and will result in no additional cost to the City. Read a letter from the City Manager, dated July 8th, 1975, enclosing a report from the Fire Department Or,( Jf �✓1�� concerning the use of television equipment in the Council Chamber of City Hall during Council meetings, and Ti ,s/ advising that in order for the equipment to be installed, it will be necessary to remove one -half row of seats on the west side at the back of the Chamber. It was noted that the report submitted by the Fire Department recommends that the number of citizens attending Council sessions be limited to those only who can be seated. Discussion ensued on the proposed televising of Council meetings during which Councillor MacGowan ' stated she has been opposed to this from the beginning, as she does not feel that Council meetings can be con- ducted in a business -like fashion while being televised, as well as the problem of additional lighting required. Councillors M. Vincent and Higgins noted that the Council had previously approved of having a Council meeting televised for viewing by the Council members prior to approval of televising such meetings on a continuous basis being given. AV rew sue' On motion of Councillor M. Vincent 6,6eftcd Ch4aM,�PP Seconded by Councillor Higgins RESOLVED that authority be granted for removal of one -half row of seats Te-eerl/s/,�/ � on the west side at the back of the Council Chamber, to facilitate the installation of television equipment, OY"C.OLG subject to the approval of the owners of the building, and that as recommended by the Fire Department, the number of citizens attending Council sessions be limited to those only who can be seated. Councillor Davis noted that the row of seats on the east side at the rear of the Council Chamber has been removed. Councillor MacGowan voted "nay" to the above motion. On motion of Councillor Green • Seconded by Councillor Higgins RESOLVED that the letter from the City Manager and Commissioner of Finance, dated July 3rd, 1975 advising that on September 24th, 1973 amendments were made to the Water and Sewerage r/•�i• ✓�� By -Law to adopt revised charges based upon projections for the years 1973 to 1976, and that the current rate of Cv, increase in operating costs makes it timely to review actual results of the past two years and prospects for the next two years in the light of the forecasts upon which present user rates were established, and enclosing a 11i__�1 report showing the comparison of financial projects made in 1973 with actual results for 1973 and 1974 and �® (C G4�e budgets for 1975, in which it is recommended that H. R. Doane & Company be re- engaged to (a) update their Water and Sewer Rate Study for 1972/1973 in the light of current conditions and (b) develop revised user rates for 1975 to 1977, be received and filed and the recommendation adopted. �"`a° % In reply to a query from Councillor M. Vincent as to the cost of the study for 1972/1973 by the said if7R -*73 ,�r- company, Mr. Barfoot stated he did not have the actual figure available at this time, however, it was over $10,000.00. Councillor M. Vincent asked if there was any way the City staff could do this study. Mr. Park replied that if Council approves of the above recommendation, the staff can make inquiries and come to some understanding with the company on the per diem rates and report to Council before p p proceeding with the study. In LC ^X reply to a query from Councillor Davis, Mr. Park stated he would expect that the matter of the large water account which the City is presently having problems collecting, would be one of the factors to be studied. Councillor Gould was advised, in reply to his query as to the reason for a projected surplus for 1973 when in actual fact there was a deficit, that the new charges for that year were not instituted until November of that year. Councillor Green stated he is definitely against an increase in the water and sewerage rate and he would hope that any study done would come in with no more than a minimal increase, if an increase is required. On motion of Councillor Gould T gderps/ .?ece;;oAke Seconded by Councillor MacGowan R47% RESOLVED that in accordance with the recommendation of the City Manager •z e ,De� and the Purchasing Agent, tenders for supplying motorized equipment for the Water and Sewerage Department be ._1_�% f awarded as recommended in the submitted bid summary. e��(�D On motion of Councillor M. Vincent Seconded by Councillor MacGowan RESOLVED that the letter from the City Manager advising that Mr. T. E. 7-36m Desmond has informed the City that he has allotted the name "Sunview Road" to the street running parallel to.Loch e Lomond Road and joining Spring Garden Road to Greenhill Road, as shown on the submitted sketch, and recommending (� that the Common Council officially adopt the said street name by resolution, be received and filed and the recom- �dbti7(/leall mendation adopted. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager advising that in 1972 A ,0Pe"L5?d2 the Saint John Archery Club requested and received approval to construct an archery course in Rockwood Park and with the help of the Recreation and Parks Department the course was completed and in operation by the spring of o C /�� 197'3, and further advising that since that time the entire operation has been carried out on a yearly basis for _ evaluation purposes and after two years of operation, the Department is prepared to recommend a more long -term agreement between the City and the Archery Club as such an agreement, if prepared for a five -year period, would eliminate the yearly task of preparing, approving and signing new agreements, and would allow the Archery Club to nrkikl6�q /,1j: undertake more long range programing, and that this has also been recommended by the Rockwood Park Advisory dell/9B!0!of Board, be received and filed and the Common Council enter into a five -year agreement with the Saint John Archery J' Club for the use of the archery course in Rockwood Park. ,QrgeAq On motion of Councillor M. Vincent C'Oat S � Seconded by Councillor Gould ,/ RESOLVED that the letter from the City Manager with regard to questions •/jam[ ��7 / asked at the Council meeting of June 30th last concerning the completion of landscaping of the Keddy Motor Inn, attaching for Council's information a copy of a Council resolution of January 22nd, 1974 which states that, among other things, the company must provide a surety in a form acceptable to the Commissioner of Finance in the amount PfFJ of $100,000 to ensure performance of the development of the site with a building in conformance with the plans and specifications submitted by Keddy Motor Inns Ltd., advising that such a surety has been provided to the City, 644" 9? 1 and Mr. D. Buck, Redevelopment Officer, has been in frequent contact with Keddy Motor Inns Ltd. respecting the 612 1 /v6thiC $Ca7 / h�f Or completion of the building and the grounds, according to grounds has been started, and further advising that there the plan submitted and that landscaping of the is adequate surety at this time to ensure the T» completion of the work that still remains to be done, be received and filed. • (/r6�h �ene On motion of Councillor Green • Seconded by Councillor M. Vincent Traders aPC RESOLVED that in accordance with the recommendation of the City Manager and the Purchasing Agent, tenders for supplying water and sewerage materials be awarded as re- commended in the submitted bid summary. -7120 Ma` [e'"i0?A (Councillor A. Vincent entered the meeting). On motion of Councillor Gould ' Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be c P/%/ ranted for payment of the following construction progress certificate on a contract for a project in- eluded in the Capital Budget:- Ap 1. Community Arenas /� Rocca Construction Ltd. ' /xoe(,a (�prj$�jY¢G' Total value of contract $2,913,949.00 /t / Total work done, Estimate Number 6 2,289,073.00 // OY! Z fi cti• Retention 343,360.95 Payments previously approved 1,612,034.35 Sum recommended for payment, Progress Estimate Number 6, dated June 30, 1975 $ 333,677.70 On motion of Councillor Green Seconded by Councillor M. Vincent h(f RESOLVED that in accordance with the recommendation of the City • Manager, approval be given for payment of the following approved progress certificates and approved invoices for engineering services in connection with the following named projects which were undertaken under the Department of Regional Economic Expansion programme: - n 7-/�// _� 1• Courtenay Bay Causeway r7�✓ A. J. Callaghan & Associates /7sfOG'. Engineering services for eastern approaches Payments previously approved $ 131,048.48 Sum recommended for payment, Progress Estimate Number 39, dated June 30, 1975 $ 6,264.00 /y� /�;,,� /� I PrA ��C 2. Milford - Randolph - Greendale Collector Sewer System P Gaspe Construction Ltd. C��oe Value of contract $1,463,230.25 ,✓ -virX �C Value of work done 354,292.33 Retention 46,499.90 Payments previously approved 85,279.16 Sum recommended for payment, Progress Estimate Number 3, dated July 2, 1975 $ 222,513.27 i 3. Western Industrial Area Trunk Sewer 16 c.f.s. �/I7. L/Jrt• /7'rP.e� Galbraith Construction Ltd. Trun�( server Total value of contract $ 588,860.00 Total value of work done 578,472.10 v �74OJJ �'fG�• Retention 2,000.00 Payments previously approved 548,978.12 Deductions 1,081.00 Sum recommended for payment, Progress Estimate Number 7, • dated June 26, 1975 $ 26,412.98 0;7. �plre�7 4. Western Collector Area Trunk Sewer 16 c.f.s. Carpenter Place Lift Station hlr C'pr Tru •l W. H. Crandall and Associates Engineering services hpPr�fPr%�/ Total value of services rendered $ 85,090.15 /f "rY % Oh Payments previously approved 79,615.29 �, J // 4w, C /NG(e� Sum recommended for payment, Invoice Number 3772, dated June 30, 1975 $ 5,474.86 Assoc. '= 5• Lancaster Lagoon Lift Station 4be OH W. H. Crandall and Associates Ltd. Engineering services I� T� VA? Total value of services rendered $ 36,394.79 Payments previously approved Nil Sum recommended for payment, Invoice Number 3760, dated June 24, 1975 $ 36,394.79 Saint John Major Water Supply �l LU Spruce Lake Intake A. D. I. Limited SRI Engineering services rlCP'o7/L° 1 Payments previously approved $ 9,709.31 jr726ho Sum recommended for payment, Certificate Number 3, dated May 31, 1975 $ 2,667.91 In reply to a query from Councillor A. Vincent, Mr. Barfoot advised that the above invoice of A. D. I. Limited is for investigating the failure of the Spruce Lake Intake. Councillor A. Vincent stated n he feels invoices. this item should be the subject of a separate report to Council, Councillor Green stated that two weeks ago the City Manager and not included with other advised Council that a complete • ��ii / /_ tally was being kept of the costs for replacing the Spruce Lake Intake, for recovery by the City. Coun- 47 91*fe ? ^� A. Vincent asked if he could be brought up to date on the costs to date to have this pipe replaced. /cillor /%j�IC� G'OSiS Mr. Barfoot agreed to supply Council with such a report. !tee �ip� 6113 `�f4elpme" On motion of Councillor M. Vincent • r//leIn'i/e6� / Seconded by Councillor Gould C�/2a /cks RESOLVED that as recommended by the City Manager, approval be granted for (lo'O /toe payment of the invoice from Chitticks (1962) Ltd., in the amount of $6,286.00, for equipment rental. / f�G On motion of Councillor Hodges eo !ho //e Seconded by Councillor M. Vincent fPjpjlG RESOLVED that the Financial Statements for the month of May be received and filed. =/ Councillor A. Vincent stated he cannot find in the Financial Statements the amount paid by N. B. Tel �e- and the New Brunswick Hydro for replacing of pavement, etc. on Westmorland Road. Mr. Park replied that that kind of information is not included in the type of financial report made to Council, however any certain cases can be C reviewed and be the subject of a separate report to Council. It was agreed that a report would be prepared of the amounts recovered by the City for work on Westmorland Road. �Od�ie0 �6I7j Councillor MacGowan made reference to travel expenses for Council members and City staff which are listed in the Financial Statements each month and stated she feels it does not give a true picture of the costs ' 6/ to the City for travel as so many ways can be used for claiming these travel expenses. She stated she would like to place two items on the agenda in this regard. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the two items proposed by Councillor MacGowan regarding travel expenditures be placed on the agenda. Councillor MacGowan stated she would like to request that the Chamberlain be asked to show only the net figures for Councillors and staff travel claims and not show the advance as is done at present. Mr. Park stated • that it could not be done in that form - it would involve a separate report as this is a list of disbursements and it is not possible to net refunds that come in subsequently, however, it is quite simple to bring the two together in a separate report. Councillor MacGowan stated she would like the Council to request the City Manager to formulate a policy to standardize the provision and reporting of funds for travelling for both staff and Council and she would like included that some consideration be given to car travel. Councillor MacGowan stated she would like to see a simplified method for travel expenditures and if the City Manager is content with the present method then that is all he has to do. On motion of Councillor MacGowan /�/�pve Seconded by Councillor Higgins �p��/ RESOLVED that the Council request the City Manager to look at the whole ' 4e,X,�ZO75eS matter of travel expenditures and submit a recommendation to Council. In reply to a query from Councillor A. Vincent, Mr. Barfoot advised that Council members and staff are covered by the City's insurance when travelling in City vehicles. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the report from the City Manager, Building Inspector and Acting Commissioner of Community Planning and Development, advising that an application has been received from Altitude Enterprises Ltd., for the installation of 4 - 3,000 - gallon gasoline tanks at their property on Ocean Westway, Saint John West; that the location has been inspected and found satisfactory; that approval of the Planning Advisory Committee was given on July 8th, 1975; and that Council approval is requested in order that the OG necessary building permit can be issued, be received and filed and Council approve'of,the installation of the 6 �s0b'' e said gasoline tanks. Councillor M. Vincent stated he would like the above request to be approved by the Fire Department. c1 d. Oil -6-Q //e On motion of Councillor A. Vincent ®ellex ) Seconded by Councillor Green RESOLVED that the above matter be laid on the table pending a report and recommendation from the Fire Department. ' Read a letter from the City Manager, dated July 8th, 1975, regarding the letter received by Council on June 16th last from the Minister of Municipal Affairs dealing with the moving of a portion of the City's northern boundary to accommodate the Workmen's Compensation Board, in which the Minister expressed concern about the location of the Board's proposed building within the City because he believes the facility can be serviced more A14/7 readily by the Village of Grand Bay, and therefore has requested Common Council's consideration to the feasibility / of changing the boundary line between the two municipalities by moving it southerly a sufficient distance to have 1ne the property in question fall within the Village of Grand Bay; advising that he has discussed the topic with Messrs. Zides, MacKinnon and Rodgers, and has concluded that the municipal services causing the Minister concern (� is the supplying of services for water and sewerage and that the municipal boundaries should present no problem /�� here since the Municipalities Act makes provision for the buying and selling of this service between municipalities e V while all other municipal services can very well be supplied by the City of Saint John; further advising that since the City of Saint John spends considerable effort on the production and expansion of tax base to produce Olopnk%eo75 revenue and thus reduce the tax rate, it does not seem reasonable to accede to the Minister's request that ������_ boundaries be changed to have this property, and its assessable valuation transferred to the suburban municipality L/ of Grand Bay; and recommending that the Minister of Municipal Affairs be informed that the City of Saint John is Ti B quite willing to enter into an agreement to purchase water and sewerage services for the Workmen's Compensation Board facility from the Village of Grand Bay, and whereas the City Solicitor has informed the City Manager that the Minister may under Section 14 of the Municipalities Act annex to a municipality a contiguous area, that Council request him to use his good offices in keeping the Workmen's Compensation Board project in the City of Saint John where all other municipal services are available. • On motion of Councillor M. Vincent Seconded by Councillor Hodges RESOLVED that the above letter be received and filed and the recommendation contained therein adopted. , 614 6�wtio(!Way f/i/ /aye G//or/rinen s ��airs it heh�5 - i Qe rwsa machih s (.Cri Oh �a6/ zr-wck tent S*?s s/iflk ft ,*ted 6y C /4y �yarPm�rlt reiz-c9 17 //.?6Cie /d A -?/o7Y• P.0 "h2� Centre X//ey Ass oC. /y%ihi Pah/r5V The City Manager stated that the above recommendation provides for entering into an agreement with the Village of Grand Bay for the provision of services for the new Workmen's Compensation Board facility, which is located within the City boundary. Considerable discussion ensued on the recommendation contained in the letter from the City ger, as well as the site chosen for the new facility, the net revenue to be derived from the City from new facility and the implications of purchasing services from the Village of Grand Bay. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the above matter be laid on the table for two weeks, and that a meeting be arranged with the Provincial Minister responsible for the Workmen's Com- pensation Board, to discuss the proposed new facility. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the bid of Wortman Enterprises Ltd., in the amount of $12,798.00, be accepted for supplying three ice resurfacing machines for use in the new arenas. In reply to a query from Councillor M. Vincent, Mr. Gabriel stated he does not know the name of the machines to be purchased from the Wortman company, however, the machines were reviewed by Mr. Jack Brownell and the Purchasing Agent, who are satisfied that the machines meet the City's specifications. In reply to a query from Councillor Hodges, Mr. Gabriel stated that the machines were not seen in operation by the City, although he believes one is owned by the City of Moncton. Councillor A. Vincent stated he would like to know the name of the rink in Moncton which uses this type of machine. On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table for one week for further information. Councillor Gould voted "nay" to the above motion. On motion of Councillor Pye Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices for equipment rental, namely:- eld Ltd. - to the Works Dept. June 16 -30, 1975 (dated July 4, 1975) $ 19,454.74 to the Water Dept. June 16 -30, 1975 (dated July 4, 1975) $ 10,570.80 In reply to a query from Councillor A. Vincent regarding the City regulation that trucks hired by the City must have a sign on them indicating so, Mr. MacKinnon stated he has recently forwarded a report to the City Manager on this matter, which was meant for Council information. He stated that this regulation.poses a problem to companies, and that the Hatfield firm has been very co- operative in trying to obey the regulation, however, the said firm also hires other trucks to do City work. Councillor A. Vincent stated he would like a list of the owners of all trucks and the license numbers of their trucks, which are engaged in rental to the City. Councillor A. Vincent further stated that if the regulation previously referred to regarding signs on equipment rented to the City is not enforceable it should be repealed. Mr. MacKinnon agreed to supply Council with a list of the owners of vehicles rented for City On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices for equipment rental, namely:- - to the Works Dept. May 16 -31, 1975 (dated June 3, 1975) $ 13,900.12 - to the Water Dept. $ 2,044.60 On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from the City Manager, dated July 11th, 1975, regarding the request of the Center Valley Association for a playground at the lot situated between 12 and 28 Wright Street, submitting a report from the Director of Recreation and Parks which recommends that the suggested playground on Wright Street be not purchased and developed, and further recommends that no mini parks or tot lots be located adjoining residential properties until the said Department is able to complete its evaluation of policies respecting such facilities, and advising that in the meantime, play equipment has been placed at the Winter Street School site, be received and filed and the recommendations adopted, and a copy of the said reportfbe forwarded to the Center Valley Association. 0 Councillor MacGowan- "stated she would like the words ''mini parks" excluded from the above recom- Councillor MacGowan voted "nay" to the above motion. Read a letter from the City Manager, dated July 11th, 1975, regarding the proposed closing of a portion of Sutton Street which was laid on the table by Council on July 7th last for further information, SLCDh enclosing a report from Mr. Zides, which advises that Mr. Harry W. Adams, who had previously objected to 1 .L the said street closing, would not be further objecting to the street closure if he could be advised where C /OS1hq his lot line was at the time of the survey of the property lines of the portion of Sutton Street which the J Council might close, and which recommends that Council take such action as it deems appropriate on the closing out of Sutton Street and its sale for a new dwelling, and further recommends that arrangements be • • 0 • I I ' � W • r 5.1: J/ e{eax Cg Araws rte/ ;-e Co0r7vol- e .7 ses 1ddaiaOO�e,% aJ�1"d Su114-06 Re- .0 V<064; • 615 :mad' to advise Mr. and Mrs. Adams of any survey work which might be carried out to establish the property lines. \\ On motion of Councillor A. Vincent Seconded by Councillor Hodges RESOLVED that the above letter be laid on the table until Council receives a letter from Mr. Adams advising that he is not now objecting to the proposed street closing. Question being taken, the motion was defeated with the Mayor and Councillors Higgins, Hodges and A. Vincent voting "yea" and Councillors Davis, Gould, Green, MacGowan, Parfitt, Pye and M. Vincent voting "nay ". The letter received by Council at its meeting on July 7th last from Mr. Adams, in which he expresses his concern with his property line, was read for the information of Council. Mr. Zides stated he met with Mr. and Mrs. Adams who advised that they would not object to the street closing and sale of that particular property for the proposed one family dwelling. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager, dated July 11th, 1975, regarding the proposed closing of a portion of Sutton Street, be received and filed. Councillor A. Vincent voted "nay" to the above motion. On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that the letter from the City Manager regarding the request received by Council at its meeting of May 12th, 1975, from the Saint John Defense Lawyers Conference to be informed if the present practice of the Chief of Police of releasing departmental reports to the news media with respect to persons appearing before the Criminal Courts is a policy directed by Council or instituted by the Chief, and secondly, if it is not a policy directed by Council, is it a policy which is approved by Council, 'advising that the Chief of Police confirms that in an effort to reduce and combat the alarming increase of ,criminal offences within the City the press, radio and T.V. are supplied daily with information pertaining to the name of persons charged, the offence and the sentence, and it is the Chief's hope that before too long all of this material will be printed in the newspaper as there is no question this type of information serves as a crime deterrent and that the Chief further notes that this material is all Public Court information, advising that the City Manager concurs in the actions of the Chief of Police in this regard, be received and filed. On motion of Councillor Higgins Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, the City re- convey to Mr. Edward J. McNamara 5.6 acres of land adjacent to the Lakewood Road, which has been held in trust by the City for the purpose of ensuring completion of the services under a subdivision agreement dated March 16th, 1970, and that the Mayor and Common Clerk be authorized to execute the said deed on behalf of the City. Councillor A. Vincent voted "nay" to the above motion. On motion of Councillor Gould Seconded by Councillor Higgins RESOLVED that the letter from the City Manager, dated July 14th, 1975, equesting approval for expenditures for water and sewerage materials with respect to the Edward McNamara Sub - ivision on Summit Drive, be placed on the agenda of this meeting. In reply to a query of Councillor A. Vincent as to the reason for the urgency of this item, Mr. Zides died that there are 13 families involved in a co- operative housing project for this property, and unless .struction is commenced by August 15th they will lose their financing of the project. Councillor A. Vincent ted he is opposed to such items being added to the Council agenda, and he also noted that the said property is the Marsh Creek flood area. Councillor A. Vincent voted "nay" to the above motion. On motion of Councillor Gould Seconded by Councillor Davis RESOLVED that the letter from the City Manager, dated July 14th, 1975, advising that Mr. Edward McNamara is developing approximately 5.6 acres of land on the extension of Summit Drive, which will consist of 24 lots on 900 feet of street; that servicing plans were submitted by the developer, which met with the approval of the Engineering and Works Department; and that according to the City's subdivision policy, the City will be responsible for the following costs: (1) water materials (watermains, gate vales, F.H. etc.) - $12,200.00; (2) sanitary sewer materials (pipe, manholes, etc.) - $4,400.00; (3) storm sewer materials (pipe, manholes, etc.) - $7,400.00; and recommending that the above expenditure totalling $24,000.00 be approved for water and sewerage materials to be charged to the 1975 capital budget and that the Mayor and Common Clerk be authorized to execute the subdivision agreement in due course, be received and filed and the recommendation adopted. Question being taken, the motion was carried with Councillors MacGowan, Pye and A. Vincent voting On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The ty of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land containing two oposed lots off the northerly side of the Ashburn Road, 916 feet westerly from the Drury Cove Road and con - ining respectively 40,000 and 38,673 square feet, from "RF" Rural to "I -1" Light Industrial district, be read a ird time and enacted and the Corporate Common Seal affixed thereto. The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", read in its entirety prior to the adoption of the above resolution. 616 1 Seconded by Councillor Green RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law specting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of ction 187 of the Municipalities Act, R.S.N.B., 1973" with respect to the closing of the following ahwnlr•_ SUTTON STREET - Commencing at its intersection with Lancaster Street and extending its entire width, being tream 50 feet, in an easterly direction a distance of approximately 100 feet on the northerly side and 110 feet SL on the southerly side, until it meets the portion of the street formerly closed and abandoned in 1971 - be c % 5in9 read a first time. Councillors Hodges and A. Vincent voted "nay" to the above motion. Read a first time the by -law entitled, "A By -Law to Amend a By -Law Respecting the Stopping and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the .icipalities Act, R.S.N.B., 1973 "• • On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law especting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of ection 187 of the Municipalities Act, R.S.N.B., 1973" with respect to the closing of the following ighway:- Councillor MacGowan voted "nay" to the above motion. 50 feet, in an easterly direction a distance of approximately 100 feet on the northerly side and 110 feet On motion of Councillor Gould • Seconded by Councillor M. Vincent read a second time. RESOLVED that the by -law entitled, "A Law to Amend The Zoning hin9 By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning a parcel of Up and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the land on Manawagonish Road to the west of the C. L. Francis Construction Company property (near Gault Road J intersection) with a frontage of 570 feet approximately on Manawagonish Road and a depth of approximately its meeting of June 30th last that he report to Council on the terms of reference of the Saint John 500 feet, from "RF" Rural to "B -2" General Business district, be read a third time and enacted and the Housing Commission, advising that the Commission was originally established under the New Brunswick Corporate Common Seal affixed thereto. Housing Commission Act of 1935, which Act was repealed and replaced by the Housing Commission Act con- The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments f� GC Thereto ", was read in its entirety prior to the adoption of the above resolution. ' in his report, the terms for establishing a housing commission; that under these provisions the Common On motion of Councillor M. Vincent Council applied to the Lieutenant - Governor in Council for the establishment of a Housing Commission, which Seconded by Councillor Green RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law specting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of ction 187 of the Municipalities Act, R.S.N.B., 1973" with respect to the closing of the following ahwnlr•_ SUTTON STREET - Commencing at its intersection with Lancaster Street and extending its entire width, being tream 50 feet, in an easterly direction a distance of approximately 100 feet on the northerly side and 110 feet SL on the southerly side, until it meets the portion of the street formerly closed and abandoned in 1971 - be c % 5in9 read a first time. Councillors Hodges and A. Vincent voted "nay" to the above motion. Read a first time the by -law entitled, "A By -Law to Amend a By -Law Respecting the Stopping and Closing of Highways in The City of Saint John Made Under the Authority of Section 187 of the .icipalities Act, R.S.N.B., 1973 "• • On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law especting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of ection 187 of the Municipalities Act, R.S.N.B., 1973" with respect to the closing of the following ighway:- Councillor A. Vincent stated in his opinion Section 10 of the said terms of reference, which horizes the Commission to manage such housing projects owned or controlled by the City as may be egated to it by the Council, is the most important section of the terms of reference. On motion of Councillor A. Vincent I Seconded by Councillor MacGowan RESOLVED that the matter of Council requesting an interpretation Section 10 of the terms of reference of the Saint John Housing Commission, be placed on the agenda of s meeting. On motion of Councillor A. Vincent Seconded by Councillor Davis RESOLVED that the Council request a legal interpretation of Section n. T. �✓r�. W 0 of the terms of reference of the Saint John Housing Commission. • SUTTON STREET - Commencing at its intersection with Lancaster Street and extending its entire width, being 50 feet, in an easterly direction a distance of approximately 100 feet on the northerly side and 110 feet on the southerly side, until it meets the portion of the street formerly closed and abandoned in 1971 - be read a second time. Councillors Hodges and A. Vincent voted "nay" to the above motion. 'Y Read a second time 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 Made Under the Authority of Section 187 of the Municipalities Act, R.S.N.B., 1973 "• Read a letter from the City Solicitor, dated July 4th, 1975, regarding the request of Council at its meeting of June 30th last that he report to Council on the terms of reference of the Saint John Housing Commission, advising that the Commission was originally established under the New Brunswick Housing Commission Act of 1935, which Act was repealed and replaced by the Housing Commission Act con- tained in the Revised Statutes of New Brunswick, 1952; that in 1967 the Municipalities Act expressly repealed the Housing Commission Act of 1952 and provided in Section 110, which is quoted in its entirety in his report, the terms for establishing a housing commission; that under these provisions the Common Council applied to the Lieutenant - Governor in Council for the establishment of a Housing Commission, which as approved by Order -in- Council No. 70 -437, dated June 13th, 1970; that on July 27th, 1970 several • members were appointed to the Commission and on July 22nd, 1975 Council appointed John D. MacCallum, Q.C. as Chairman to replace Patrick Darrah who had resigned; and attaching for Council's information the S9/7lterms of reference of the Saint John Housing Commission and pointing out in particular paragraph 9 of the � terms of reference which outlines the objects and purposes of the Commission. Trans re14/vellce On motion of Councillor Higgins .Seconded by Councillor Gould 1 � SD�C�(iI/ RESOLVED that the above letter from the City Solicitor be received nd filed. ' Councillor A. Vincent voted "nay" to the above motion. Councillor A. Vincent stated in his opinion Section 10 of the said terms of reference, which horizes the Commission to manage such housing projects owned or controlled by the City as may be egated to it by the Council, is the most important section of the terms of reference. On motion of Councillor A. Vincent I Seconded by Councillor MacGowan RESOLVED that the matter of Council requesting an interpretation Section 10 of the terms of reference of the Saint John Housing Commission, be placed on the agenda of s meeting. On motion of Councillor A. Vincent Seconded by Councillor Davis RESOLVED that the Council request a legal interpretation of Section n. T. �✓r�. W 0 of the terms of reference of the Saint John Housing Commission. • r -P11140 - 1 • /�Ge,4 e Aw, CMG/ �JJ9 arc; Avle 617 On motion of Councillor Green Seconded by Councillor Pye RESOLVED that the letter from the Land Committee, advising that the Irving Company has agreed to convey to the City approximately 37,600 square feet of land with respect to Mount Pleasant Avenue (250 radius curve and 66 foot roadway), and that the City will give in exchange an equal area of land for use by the shipyard, be received and filed and the Council approve of this land exchange. s On motion of Councillor M. Vincent Seconded by Councillor Pye RESOLVED that the letter from the Land Committee, advising that the Irving interests have agreed to deed approximately 88,460 square feet of land to the City for the widening of the Courtenay Bay Causeway by 40 feet, subject to existing terms and conditions of the present Causeway, that the City will provide a holding lane and a reasonable number of accesses on either side of the Causeway, and that the City will deed to the Company an equal area for shipyard property use, be received and filed and Council Pepprove of these land exchanges and conditions. Councillor MacGowan stated she feels the words "reasonable number" in the above resolution should be spelled out. Councillor A. Vincent noted that the pole at the intersection of the Causeway still has not been removed. Mr. Barfoot stated that the removal of this pole will be done when the wires have been relocated, however, he agreed that it should be protected. On motion of Councillor M. Vincent Seconded by Councillor MacGowan /� RESOLVED that the letter from the Land Committee, advising that the lower C,Z7V Irving interests have agreed to convey to the City approximately 11,500 square feet of property used in the /Op e� construction of the Lower Cove Loop and, in exchange, the City will deed an equal area for shipyard use, be /�� A received and filed and the Council approve of this land exchange. In reply to a query from Councillor A. Vincent, Mr. Barfoot stated that the above land has been used • by the City for five years. On motion of Councillor MacGowan Seconded by Councillor Hodges '/ RESOLVED that the letter from the Land Committee, advising that the eo aw Irving interests have agreed to deed to the City land required for the Hazen Creek Sewage Lagoon as shown on the 52� e submitted plan, and if the location of such lagoon is feasible, the City will arrange to exchange equivalent land with the Company as shown on the submitted plan to the agreement made on March 19th, 1975, which agreement .Q ao" includes a 40 foot easement for a sewer line alongside the existing oil pipelines, and that a certain amount of /o7i)w�i� lexibility exists in the shape of the lagoon, but the Irving interests require that a 1,000 foot strip of land {� e retained by the company as an important block of land for industrial expansion, and further advising that the vewno area involved is approximately 22.1 acres, and recommending that the land exchange be transacted and the con- ' evsni e&& ditions mentioned above be adhered to, be received and filed and the recommendation adopted. ,laa�d euc6i In reply to a query from Councillor A. Vincent, Mr. Barfoot stated that this transaction still re- quires getting the consultant re- oriented onto this fourth design for the lagoon and that the City will be p talking with the Department of Environment on this matter. Councillor M. Vincent asked if any of the above �Q DT lands have been transferred as of this date, and Mr. Barfoot made negative reply and stated that a further �A ✓��� hange in the survey plans have to be completed before this transfer can take place, and that he does not 11anticipate any problems in this regard. Councillors Pye and M. Vincent voted "nay" to the above motion. On motion of Councillor Higgins Seconded by Councillor Green RESOLVED that the letter from the Land Committee, advising that the Irving • ��� �� interests have agreed to deed approximately 5,000 square feet of land to the City as the site for a pump house for the Milford- Randolph - Greendale sewer, in exchange for the City conveying property located on Greenhead Road, r and further advising that this property which is approximately 7,000 square feet is part of the land acquired as $ell/L°)o the site for another pumping station and has been declared surplus by the Department of Engineering and Works, _ugh �'3�¢'// a* be received and filed and the Council approve of the said land exchange. la7ijG1� In reply to a query from Councillor MacGowan regarding street widening in this area, Mr. Barfoot stated he believes that the plan attached to the above letter from the Land Committee is in error as the area shown shaded on the said plan is the area the City requires for the pumping station, and that it is actually the �'Z,rJ,eez� corner lot which is being conveyed to the Irving interests. Councillor A. Vincent stated he believes the lot in question is as shown on the submitted plan. - On motion of Councillor A. Vincent t� bye Seconded by Councillor MacGowan RESOLVED that the above matter be laid on the table for further in- formation. On motion of Councillor M. Vincent Seconded by Councillor Gould /�� ✓ 6y �/a RESOLVED that the letter from the Land Committee, advising that in �J GG R�7 with a prior agreement for the exchange of lands between Lockhart Woodworking Company and the City of Saint 1vek1?-;3,yrt John, it was resolved at a meeting of the Land Committee on June 16th that (1) Lockharts be offered the land / they requested, known as Parcel D for $36,400.00; (2) the City will purchase from Lockharts the Millidgeville site for the agreed price of $32,100.00; (3) the City will sell Parcel C to Lockharts for $7,000.00, subject to a 100 -foot right -of -way to Canadian General Electric and Canadian Pittsburgh Industries Ltd., and that all other / 17j /dgrr//h/ stipulations are to remain unchanged and the Legal Department is to draft an agreement to this effect, be �i received and filed and Council approve of the said land exchange. Car,. r7 �� On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from the City Manager regarding bids received for supplying a mobile bunk house and mobile mess hall for the Provincial School for Fire Fighters, be placed on l�I(V the agenda of this meeting. L_ 61S I On motion of Councillor MacGowan Seconded by Councillor Green C /�/l C �M�I'�P RESOLVED that as recommended by the Civic Improvement and Beautifi- cation Committee, when the City enters into agreements with developers, the contracts include agreements BOW41,� a WA1 to follow through on such green spaces, trees and other amenities that are shown in the developer's plans. Mr. Zides stated that the above agreements would be entered into under Section 101 of the ' mentS : Community Planning Act, and will provide that all amenities which are shown on plans presented to the City c7P067 S. XJ''ee5% for approval by developers, must be carried out and implemented. etc. 00M,VA&0/I0* On motion of Councillor A. Vincent ri-000 -or Seconded by Councillor Green 1� .p RESOLVED that the annual report for the year 1974 from the Board of A,0! ccdi/ rte Trustees of the Civic Employees' Pension Plan, together with Financial Statements and a Statistical , I" i Summary for the year 1974, be laid on the table for two weeks for study. enson l�ah Councillor Gould voted "nay" to the above motion. /� 1 On motion of Councillor Higgins /iQ%1J /�7o'On � Seconded by Councillor-M. Vincent fTb�ffem f.S RESOLVED that as recommended by the Nominating Committee, the 4rw+r following appointments be made, namely: - to the Planning Advisory Committee - Mr. Dennis Boyle (term to expire December 31, 1976) • J�p.�h f�sa�g to the Power Commission - Mrs. Joan Pearce (term to expire February 1976) ✓ Mr. Frank X. Crilley (term to expire February 1978) _?*R V Ire, 40 to the Civic Improvement and Beautification Committee - Mr. Terry Alderman >�Mr, Ken Ogden ea 09deh On motion of Councillor Gould � J /L�1)r -vre; Seconded by Councillor Davis - • ij RESOLVED that as recommended by the City Manager, the bid of Kent @ ITZ�"%�0177�5� M / / Homes Ltd. for supplying one mobile bunk house at a cost of $37,961.00 and one mobile mess hall at a price $23,550.00 for use at the Provincial School for Fire Fighters, be accepted, and that Council authorize /e MPSS the clearing, grading and site services work at the said site by the Works Department at a cost of ap- r proximately $24,000.00. 4�rl,�° F /9i/tel�s Councillor A. Vincent voted "nay" to the above motion as he feels consideration should be given Se pel to billeting the fire.fighting students in the former City Hall building on Prince William Street. Wor,4r; .Ay-4 On motion of Councillor A. Vincent ' S /'Tic° Seconded by Councillor Green yrajei�f, RESOLVED that an item regarding tender procedures be placed on the �erv/ces agenda o£ this meeting. Question being taken, the motion was defeated with the Mayor and Councillors Green, Hodges, Pye Thder and A. Vincent voting "yea" and Councillors Davis, Gould, Higgins, MacGowan, Parfitt and M. Vincent voting "nay ". Proeedctres ' Read a letter from the Planning Advisory Commission regarding the application received by Council from Mr`: William Roberts for permission to build a bachelor apartment in the basement of a pro- posed building on the western side of St. Anne Street, between Ellerdale and McLeod Streets, thereby creating seven dwelling units instead of six, advising that Mr. Roberts claims that the alternative to p .1 -7b19, fW,0e1 S_ this is to place nine feet of fill because of the slope of the land, and further advising that the present /�OMmI RM -1" zoning, limiting the maximum number of dwelling units in any one building to six, applies to all C/�/ those properties between Ellerdale and McLeod Streets which front solely on St. Anne Street and not just Jf`tL../7 �7r! B to Mr. Roberts' property and the Planning Advisory Committee is not in favour of changing this figure for any one property owner and therefore recommends that Mr. Roberts' request be denied. On motion of Councillor M. Vincent • Seconded by Councillor MacGowan RESOLVED that the above report from the Planning Advisory Com- f�o6 ert mittee be received and filed and the recommendation denied, and that permission be given to Mr. Roberts to increase the in the building from to pv/77. number of apartments said six seven. Q G Yr/6 /" �c Councillor MacGowan stated that this is not a full -size apartment, it is at ground level for a wheelchair patient and it is safer for that person as there are no stairs. Councillor M. Vincent stated that while it has been pointed out that the City has twice re -zoned this property, he does feel that the condition that exists in this particular case truely warrants consideration by Council. He stated that in speaking with people in the area they advised that this will not be setting a precedent in the area, and that they are well aware of the situation as it exists. Councillor Parfitt stated she too agrees with making an exception in this case. Councillor Pye stated that in visiting the area in question recently he noticed buildings with 12 to 18 apartments in each building, and that he is also in favour of granting the ' request of Mr. Roberts. Councillor Davis stated he does not approve of granting an exception as it could set a precedent for other developers in the area. Question being taken, the motion was carried with Councillors Davis, Higgins, Hodges and Gould voting "nay ". On motion of Councillor Higgins Seconded by Councillor Gould �J �y- RESOLVED that the letter from the Planning Advisory Committee ubmitting proposed amendments to the text of the Zoning By -Law, be received and filed and authority -I�ext be granted to proceed with the necessary advertising in this regard. . aMpndr�enz` Councillor A. Vincent voting "nay" to the above motion. On motion of Councillor MacGowan Seconded by Councillor Green C /�/l C �M�I'�P RESOLVED that as recommended by the Civic Improvement and Beautifi- cation Committee, when the City enters into agreements with developers, the contracts include agreements BOW41,� a WA1 to follow through on such green spaces, trees and other amenities that are shown in the developer's plans. Mr. Zides stated that the above agreements would be entered into under Section 101 of the ' mentS : Community Planning Act, and will provide that all amenities which are shown on plans presented to the City c7P067 S. XJ''ee5% for approval by developers, must be carried out and implemented. etc. 00M,VA&0/I0* On motion of Councillor A. Vincent ri-000 -or Seconded by Councillor Green 1� .p RESOLVED that the annual report for the year 1974 from the Board of A,0! ccdi/ rte Trustees of the Civic Employees' Pension Plan, together with Financial Statements and a Statistical , I" i Summary for the year 1974, be laid on the table for two weeks for study. enson l�ah Councillor Gould voted "nay" to the above motion. /� 1 On motion of Councillor Higgins /iQ%1J /�7o'On � Seconded by Councillor-M. Vincent fTb�ffem f.S RESOLVED that as recommended by the Nominating Committee, the 4rw+r following appointments be made, namely: - to the Planning Advisory Committee - Mr. Dennis Boyle (term to expire December 31, 1976) • J�p.�h f�sa�g to the Power Commission - Mrs. Joan Pearce (term to expire February 1976) ✓ Mr. Frank X. Crilley (term to expire February 1978) _?*R V Ire, 40 to the Civic Improvement and Beautification Committee - Mr. Terry Alderman >�Mr, Ken Ogden ea 09deh I °_11.111°'" Councillor A. Vincent asked that he be supplied with a list of vacancies on City boards, committees, 349ZHAS', ek and commissions. • �/aC�ije/ �'S On motion of Councillor Higgins Seconded by Councillor M. Vincent CAM 1, A97 • RESOLVED that the letter from Councillor Joan Parfitt regarding the .57 �+ 0 opening ceremony of St. Stephen's University, St. Stephen, N. B., on July 15th, be received and filed and Councillor - •S�e�o1/e�s Parfitt authorized to attend the said opening ceremony as a representative of the City. Considerable discussion ensued on City representation at the said opening ceremony and Councillor A. / Vincent advised that he will be attending the ceremony as a representative of the Saint John -Fundy Region Develop- ment Commission. U/ Y/CB On motion of Councillor M. Vincent �y��h Seconded by Councillor Green JJ �lD��y, RESOLVED that the letter from The Rocca Group Limited making application /� for re- zoning of property on Golden Grove Road to permit development of Westmorland Grove, as detailed in the 17,0dea 6"0 m reports submitted with the said application, be referred to the Planning Advisory Committee for a report and .0 recommendation and that authority be granted to proceed with the necessary advertising in this regard. �e - �vriin It was noted that Mr. Pat Rocca was present at the meeting. On motion of Councillor MacGowan Seconded by Councillor Green RESOLVED that Mr. Rocca be heard. Councillor A. Vincent voted "nay" to the above motion. Mr. Rocca stated that he would ask that first reading be given to this project, along with permission • 11to advertise. On motion of Councillor M. Vincent Seconded by Councillor Green RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of some 40.4 acres of land with a frontage of approximately 900 feet on the southerly side of Golden Grove Road (which contains residential Nos. 210 to 218) and commencing approximately 350 feet easterly of the Westmorland Road intersection, from "RS -1 One- and Two - Family Suburban classification to "RM -1" up to three - storey multiple residential and "RM -2" High Rise Multiple Residential classifications, be read a first time. Councillor Pye voted "nay" to the above motion. ' Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". ¢lDOd Councillor A. Vincent questioned whether the above land is in the flood area. area On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the application of Document Enterprises for re- zoning of • property on Thornbrough Street to permit the erection of two 12 -unit apartment buildings, be referred to the Planning Advisory Committee for a report and recommendation and that authority be granted to proceed with the POt°40107e0 necessary advertising in this regard. Consideration was given to a request from the Riverside Country Club for financial assistance in connection with the Canadian Amateur Golf Championships, which are being held in Saint John on August 12th to 16th, inclusive. Mr. Barfoot stated that this request does not conform to the policy previously adopted by Council for convention assistance, and would only qualify for $500.00, and he noted that the event is being held ��1 6c outside the City boundary. Considerable discussion ensued on the above request and the recognition to be brought CO1A o/Lr to Saint John as a result of holding the said Championships in this area. C1u� 1 On motion of Councillor M. Vincent �P�rt Seconded by Councillor Higgins RESOLVED that the City of Saint John authorize the granting of the sum of Cay/.pjo*a $1,000.00 for a reception to be held in connection with the forthcoming Canadian Amateur Golf Championships. da7�5 Councillor Davis voted "nay" to the above motion as he does not feel the above grant should exceed the policy of the City, which is $500.00. On motion of Councillor Higgins R0*t4Wd ACT Seconded by Councillor MacGowan RESOLVED that the letter from Mr. Ronald E. Jowett, requesting a -70_? WeeF_ variance to permit the erection of single family dwellings on property on the westerly side of Lakeview Drive, be referred to the Planning Advisory Committee for a report and recommendation. On motion of Councillor Higgins ��d'/jYT9• Seconded by Councillor M. Vincent RESOLVED that the letter from the Trustee Board of the Saint John ��j Wesleyan Church advising that after the fire at their church on Carleton Street in July of 1974, the building Ud/�f /y was demolished and following the demolition a fence was put up by the contractor in front of their property; ,)z r•� that apparently, this fence was torn down by firemen during a fire at the property next to that of the church ��^^ and the Board subsequently authorized one of the men from the church to rebuild the fence, which was done, and . ieocer that following demolition of the building next to the church property, the Board again finds that their fence ��,# has been torn down, be referred to the City staff for a report. - - - Mr. Barfoot advised that the Building Inspector has been following this matter and it is hoped that the persons responsible will re -erect the fence in question. 6201 On motion of Councillor Higgins 6? /7 rw �� 1-77r �5 Seconded by Councillor A. Vincent • RESOLVED that the letter from the Social Services Council 402 .a�� Xer� /� regarding the City's grant to the said Council for the year 1975 in the amount of $5,000.00, drawing C'ouh ell attention to the agreement for a three -way split of the Social Services Council budget of $23,255.00 which was made at a joint meeting on October 15th, 1974 of the three funding bodies, namely, the Province, the City and the United Way, and advising that the City's decision to grant only $5,000.00 has left the Social Services Council in a very difficult position, and they fear that it may have repercussions from the other two funding bodies in future years, be laid on the table and the Council members be supplied with copies of the minutes of the October 15th, 1974 meeting referred to in the above letter. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from The Lions Club of Saint John Ltd. advising that as the Club has not received a reply to their letter of February 14th, 1975 in which they C&6 requested to be advised in writing of any and all developments concerning their offer of a second rescue vehicle for the City, it appears unlikely that the City will accept their proposal and at a meeting of the i�eS�u e �9 Board of Directors held on July 3rd last it was resolved that a letter be directed to the City of Saint /_4ive v���C /e John withdrawing their offer to purchase a second rescue squad vehicle, be received and filed. ' ,r On motion of Councillor M. Vincent a tWA, n Seconded by Councillor Green / RESOLVED that the letter from the Commission on Police Reform, C / /+d e S p� sponsored by the Churches of Scientology in Canada, regarding the New Brunswick Police Act which has n K been proposed by the Provincial Government which provides for a citizens' complaint system which will go a J long way in protecting the rights of the police officers and the public, and as the Council will be moo responsible for overseeing the workings of the complaints system in Saint John and as there is no pro- vision in the Act for persons to see their file and correct false or misleading information contained /7 G°� therein, they ask that thought be given towards support of procedures whereby persons can correct false or �% /1CP -Ai Aos- misleading information on their police files, be referred to the Chief of Police for a report to Council. • re joe/"Soiis n17(�� O Councillor Davis voted "nay" to the above motion. G T On motion of Councillor A. Vincent Seconded by Councillor MacGowan RESOLVED that the Council meet with the said Commission on Police �j�jk /eS Reform, following receipt by Council of a report from the Chief of Police. 5'C/ e/�G JO /09 ' Question being taken, the motion was carried with Councillors Davis, Gould, Higgins and M. ez,411�L& Orm Vincent voting "nay ". Councillor A. Vincent questioned why the capital budget is to be considered in Committee of the , Whole at this meeting. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that this meeting continue, in legal session. Councillor A. Vincent voted "nay" to the above motion. L E G A L Read a letter from the City Solicitor, dated July 11th, 1975, with respect to the action of Claude Lanthier, Jean Saia et Associes v. Omega Investments Limited, and the City of Saint John as third party, advising that the solicitor for Omega Investments took steps to have the City joined as a third C /auctP /Zo�,d/ party in the above action and the trial in the action between Lanthier and Omega Investments Limited commenced in Saint John on June 17th;cthat�on June 16th Mr. Donald Gillis, Q.C. and he appeared before ✓//��h Judge Dickson in Fredericton and opposed the issuing of Third Party directions by the defendant against • ooksoeies the City on technical grounds, and also from the point of view that the City did not have time to prepare a proper defence to an Action which was commencing the following day and Judge Dickson reserved judgment OM e and hi s. decision has not been communicated to the City as of this date; that until his decision is known, A7er%LCS ��� yF the City is not in a position to take any further action and as well, the defendant cannot proceed further against the City; that the trial that commenced on June 17th has been adjourned until October and prior to the adjournment, the Honourable Mr Justice Claudius Leger made remarks which are attached, and in view of the foregoing, and.the fact that the Court made remarks which in the opinion of the City Solicitor is a irk ✓ pre- judging of the case before the City is given an opportunity to cross - examine witnesses and offer direct evidence, leaves the matter open for grounds of appeal by the City if the City is joined as a Third Party and required to become part of the Action before Mr. Justice Legere; and advising that at this time, he cannot recommend that the City settle this matter, and instead is recommending that no action be taken by the City at this time. Mir. Rodgers stated that since the above letter was written, he has received word that Judge ickson did make a decision in Fredericton ordering the issuing of third party directions and the pro- ceding against the City by the defendant, and therefore, he would now ask for authority from Council to ppeal the decision based on the remarks made by Judge Legere. He advised that the appeal should be heard n September and the adjournment of the present trial is scheduled for October 7th. On motion of Councillor M. Vincent Seconded by Councillor MacGowan (� RESOLVED that the City Solicitor be instructed to commence appeal proceedings on the decision of Judge Dickson in ordering the issuing of third party directions and the nDO %/ proceeding against the City by the defendant, such appeal to be based on the remarks made by Judge Legere. Mr. .Rodgers stated that he will be attending a meeting of Provincial administrators and Chiefs GG of Police in Fredericton next week to discuss the proposed Police Act and that he will supply copies of �v / /�' AG� his report on the. proposed Act to the Council members. • C /GJ Sp/�G' /�OJ' Councillor A. Vincent asked that the said meeting consider the matter of fines being retained by ✓ the City. Mr. Barfoot stated that this matter could be discussed at that time. ,Cines rekmfo 6y � /i�y On motion The meeting adjourned. Common Clerk. r 621 On motion of Deputy Mayor Higgins Seconded by Councillor Hodges RESOLVED that this Common Council issue a proclamation that the days of `A 23rd July to 27th July inclusive be known as "Loyalist Days ": ,00 .711:s AND FURTHER that this proclamation shall be made in the form and style consistent with the wording, and _Z_J?y5 phraseology used in the 1780's, as follows: - f��� "To all to whom these presents shall come or whom the same in any way concern, Greetings. WHEREAS our Loyalist Days Committee, on behalf of our citizens, have caused to appear before us a 'Goodly Company of Loyalists' under the leadership of His Excellency, Thomas Carleton, first Governor of New Brunswick, and His Worship, Gabriel Ludlow, the first Mayor of the City of Saint John; AND WHEREAS these august personages from our past have assured us that the citizens of our good City diligently pursued their trades, talents and toils with vigour and stamina during the past twelve months, find them richly deserving of a holiday from their labours; AND FURTHER having reminded us of the rich heritage handed down to us by the Loyalist Founding Fathers our City: KNOW YE THAT WE, the City of Saint John, in Common Council, by virtue of the rights and powers in us • vested, do hereby create, constitute and proclaim that those days falling in the latter week of the month of July designated the 23rd to 27th inclusive shall be known as "Loyalist Days ", and the same shall be celebrated throughout the length and breadth of our municipality: AND FURTHER that the keeping of the City of Saint John be entrusted in the hands of His Excellency, Governor Thomas Carleton and His Worship, Gabriel Ludlow, for the celebration of these Loyalist Days. Given under our hand, and the Great Seal of the City of Saint John, this 21st day of July, in the year of our Lord 1975." ' The company of Loyalists was thereupon granted permission to retire at this time from the Council Chamber. Mr. Frank Doiron of Martinon advised that the community of Martinon was first established in 1675, and that he was representing that community in presenting a Brief which expresses the concern of the residents of the Martinon area, as understood from a recent release by the news media, that the erection of a medium security penitentiary is contemplated in this area. The Brief states that as a result of this concern a petition has been Lp�fdf signed by 1,414 residents of the community which indicates a strong protest against the building of this in- stitution; that these residents appreciate and admire the efforts put forth by certain people or groups to improve conditions for the unfortunate p penal institutions, but believe the project should be p people confined to erected well beyond the city limits. The Brief lists the following concerns which are the reasons for this / presentation to Council: they feel that the value of their property will be lowered, but most important of all, they fear for the safety of their children; children and teenagers in the area are used to moving freely, but aM ea with the erection of this institution, their movements would be limited; as this is a densely populated district and since it became a part of the City of Saint John in 1967, the Police protection they now enjoy would be insufficient to cope with the addition of a medium security penitentiary in this area. The Brief states that they are therefore asking the support of the Mayor and Council to assist them in carrying their protest and petition through to the proper authorities. Mr. Doiron advised that further names are still being added to the list of petitioners, with 160 names received today, and the Martinon residents have been receiving telephone • calls from as far up the St. John River as Westfield and Morrisdale which indicate that there are a lot of concerned parties with regard to the proposed penitentiary. Mr. Doiron was accompanied at the meeting by a large number of Martinon residents. The Mayor thanked the delegation for having come to this meeting of Council, and for its interest and ised that it is a policy of Council that it does not make any decision in the presence of a delegation. He ted that the Council does later like to hear those who may have more information concerning the construction such an institution, and then the Council makes its decision. L_ At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty -first day • of July, A. D. 1975, at 7.00 o'clock p.m. present E. A. Flewwelling, Esquire, Mayor Councillors Cave, Davis, Gould, Green, Higgins, Hodges, Kipping, MacGowan, Parfitt, Pye and M. Vincent - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, G. T. Clark, Q. C., Senior Legal Counsel, M. Zides, Acting Commissioner of Community Planning and Development, C. Nicolle, Director of the Recreation and Parks Department, E. Ferguson, Chief of Police, G. Baird, Executive Director of Economic Development, S. MacDonald, Manager of Tourism and Convention Promotion, and H. Ellis, Assistant to the City Manager A prayer, which was invoked by The Reverend J. D. Woods of the Parish of the Cathedral of the Immaculate Conception, opened the meeting. A company of ladies and gentlemen (members of the Loyalist Days Committee), representing members of original,Loyalist families of Saint John and attired in costumes of the 1783 period, were conducted into the Council Chamber by Chief of Police E. Ferguson, Marshal of the City of Saint John. Mayor Flewwelling welcomed the delegation, which had been presented to the Mayor and Councillors by Chief Ferguson. Mr. Alexander P. Gregory, representing Governor Thomas Carleton, first Governor of the Province of New Brunswick, presented an address and requested that the Council proclaim the dates of July 23rd to July 27th, inclusive, "Loyalist Days" and that the City be turned over to the Loyalist Days Committee under the patronage of Governor Carleton and Mayor Ludlow, to greet the citizens of Saint John with fun and mirth, and to celebrate the occasion of the founding of this great Loyalist City. Mr. Murray A. Beesley, portraying Colonel Gabriel George • Ludlow, first Mayor of the City of Saint John, addressed the Council and endorsed the request advanced by Governor Carleton. On motion of Deputy Mayor Higgins Seconded by Councillor Hodges RESOLVED that this Common Council issue a proclamation that the days of `A 23rd July to 27th July inclusive be known as "Loyalist Days ": ,00 .711:s AND FURTHER that this proclamation shall be made in the form and style consistent with the wording, and _Z_J?y5 phraseology used in the 1780's, as follows: - f��� "To all to whom these presents shall come or whom the same in any way concern, Greetings. WHEREAS our Loyalist Days Committee, on behalf of our citizens, have caused to appear before us a 'Goodly Company of Loyalists' under the leadership of His Excellency, Thomas Carleton, first Governor of New Brunswick, and His Worship, Gabriel Ludlow, the first Mayor of the City of Saint John; AND WHEREAS these august personages from our past have assured us that the citizens of our good City diligently pursued their trades, talents and toils with vigour and stamina during the past twelve months, find them richly deserving of a holiday from their labours; AND FURTHER having reminded us of the rich heritage handed down to us by the Loyalist Founding Fathers our City: KNOW YE THAT WE, the City of Saint John, in Common Council, by virtue of the rights and powers in us • vested, do hereby create, constitute and proclaim that those days falling in the latter week of the month of July designated the 23rd to 27th inclusive shall be known as "Loyalist Days ", and the same shall be celebrated throughout the length and breadth of our municipality: AND FURTHER that the keeping of the City of Saint John be entrusted in the hands of His Excellency, Governor Thomas Carleton and His Worship, Gabriel Ludlow, for the celebration of these Loyalist Days. Given under our hand, and the Great Seal of the City of Saint John, this 21st day of July, in the year of our Lord 1975." ' The company of Loyalists was thereupon granted permission to retire at this time from the Council Chamber. Mr. Frank Doiron of Martinon advised that the community of Martinon was first established in 1675, and that he was representing that community in presenting a Brief which expresses the concern of the residents of the Martinon area, as understood from a recent release by the news media, that the erection of a medium security penitentiary is contemplated in this area. The Brief states that as a result of this concern a petition has been Lp�fdf signed by 1,414 residents of the community which indicates a strong protest against the building of this in- stitution; that these residents appreciate and admire the efforts put forth by certain people or groups to improve conditions for the unfortunate p penal institutions, but believe the project should be p people confined to erected well beyond the city limits. The Brief lists the following concerns which are the reasons for this / presentation to Council: they feel that the value of their property will be lowered, but most important of all, they fear for the safety of their children; children and teenagers in the area are used to moving freely, but aM ea with the erection of this institution, their movements would be limited; as this is a densely populated district and since it became a part of the City of Saint John in 1967, the Police protection they now enjoy would be insufficient to cope with the addition of a medium security penitentiary in this area. The Brief states that they are therefore asking the support of the Mayor and Council to assist them in carrying their protest and petition through to the proper authorities. Mr. Doiron advised that further names are still being added to the list of petitioners, with 160 names received today, and the Martinon residents have been receiving telephone • calls from as far up the St. John River as Westfield and Morrisdale which indicate that there are a lot of concerned parties with regard to the proposed penitentiary. Mr. Doiron was accompanied at the meeting by a large number of Martinon residents. The Mayor thanked the delegation for having come to this meeting of Council, and for its interest and ised that it is a policy of Council that it does not make any decision in the presence of a delegation. He ted that the Council does later like to hear those who may have more information concerning the construction such an institution, and then the Council makes its decision. L_ 622 Oeiiy Sleep ,06x /i ,/ en% prir/ce / st .rime .Fdcu c5fl, ualhe ,J regu /� as TP_4",_ ;jpe /ck . Mrs. Betty Sleep of 30 Carmarthen Street, advised that the exit from and the entrance to the underground parking on to Prince Edward Street for Prince Edward Square, which exit is located farthest south on Prince Edward Street of three such exits, is a dangerous and potentially fatal traffic situation ,to both motorists and pedestrians. She stated that from her observations the majority of cars exiting from this parking location do not stop before crossing the sidewalk which runs along the east side of Prince Edward Street; that it is her understanding, from talking with a member of the Saint John Police Department, that it is a traffic offence when leaving private property not to stop before and after a sidewalk; that the ramp inside the underground is approximately 40 feet in length, plus about 10 feet between the building and the sidewalk, making a total of approximately 50 feet in which motorists can stop once they approach the exit ramp; that parking along the east side of Prince Edward Street may possibly cause a vision blockage but this does not entirely explain why motorists coming from the exit do not stop before reaching the street; that the spot to which she refers is located between St. Joseph's and Prince Charles Schools and many of the students from both schools as well as adult pedestrian traffic walk by the exit every day; that from talking with area shop keepers she has learned of many accidents involving cars which had exited from this particular exit; that she had stepped in front of this exit while on the sidewalk, stopped, and continued to cross while pushing a bicycle - in full view of the motorists coming up the ramp - yet was hit by a motorist who had 50 feet in which to stop and who neither stopped before he hit her, or after. Mrs. Sleep urged that something be done to rectify this situation at the said exit before anyone else is hurt. Mrs. Sleep was using crutches, as a result of the accident to which she referred, while she made her presentation to Council. Mr. John D. MacCallum, Q. C. and Mr. Ralph J. Broderick, Barrister, were present to submit a presentation on behalf of themselves and other tenants of the City -owned building situate at 50 Princess Street (known as the Ritchie Building) with regard to the proposed increase of rents for their respective premises in this building. Mr. MacCallum advised that this building was acquired a few years ago by the City, and the opinion of the tenants at the present time, he believes, is that they are paying a reasonable rent, the .proposal now being that the rents be approximately doubled. He advised that the petition now before Council in this matter was signed by almost every tenant in the building. In reply to Councillor Green's query regarding the question of elevator parts, Mr. Broderick advised that the elevator has been out of commission on very many days, and it does not work properly, mechanically - the elevator is probably of vintage 1900; the tenants have been instructed by the elevator operators that parts are not available for this elevator - the point seems to be that the parts are not being made for this elevator, today; there have been complaints from clients coming into tenants' offices because the clients have to walk up the staors of the building and those stairs are hard to climb, part- icularly for people with some incapacity. Councillor Green agreed that it is is an antiquated elevator, and pointed out that the City had purchased that building with the thought that it would become part of the City's land assembly in that block. Mr. MacCallum commented that not only is the elevator itself bad but the operators are not satisfactory - invariably the tenants do not have an operator of the elevator on Fridays; also, there is a real question as to the safety of the elevator. He stated that he has had offices in this building since December, 1952 and no landlord in all that time had done anything regarding redecorating his offices - he had his own offices cleaned and painted last year. He advised that on the third floor of the building, if you get the wind on the side of the building where his offices are it is intolerable - on three different days last winter it was necessary to close up his office and go home. He stated that it is not possible to control the heating in the building: they are sweltering on the first floor; the second floor usually is not too bad, and you are freezing on the third floor on certain days. Councillor Davis advised that the Land Committee has information that would be vital to the /h Council if the Council had discussed this matter, but the Council has not discussed it at all. He stated +�S 64( that the dilemma is that the City lost $10,000.00 on that building last year and we felt that it is not really the citizens' duty to subsidize the rentals of that building - we felt there were two courses to take - one would be to improve the building and spend upwards of $150,000.00 on the building and that would mean that rentals would not be increased 100% or 600 %, but much more. He stated he thinks that the information the Council has received from these tenants at this time should make the decision very easy, and the Land Committee will be making a recommendation to Council; the information the Council has from • E • • I Mr. Broderick noted that this is probably one of the oldest office buildings in the city and /7 eh� there has not been anything done with the building in the sense of bringing it up to present -day standards, /0 te - for many years and the whole building is in a poor state of repair; the interior of the building - walls, Ti hallways, et cetera - have not been redecorated or renovated for many years; the elevator is obsolete - in fact, the tenants have been instructed that there is a question as to whether the elevator is not dangerous; the tenants understand that it is impossible to get parts for this elevator at the present time. Mr. m ( /'r/ I1ceSS ✓ Broderick advised that the building's heating system is obsolete and inadequate; on cold winter days the heat is so inadequate that some tenants on the third floor have to leave their offices; there are no janitorial or cleaning services offered to the tenants - there is a janitor and he keeps the floors of the hallways clean and does a very good job of that, with inadequate facilities to do so - he is not supplied with the proper modern equipment. Mr. Broderick advised that the City's agent proposed to base the rentals on a $3.00 per square foot basis - in many cases, the layout of the individual offices makes a rental based on the usable square feet impractible and inequitable in the sense that many of the offices are cut up - there are small sections which are unusable. He stated that he thinks that most of the tenants in the building have received notices of increase of rentals - some of them as much as 300% which does appear to be inordinate; a number of the tenants have not received notices, which is probably an oversight on the part of the City's rental agents; he does not think that the letters received by the tenants could be construed as legal notices in any respect as to increase in rent - many of the tenants in this building have been tenants for many years and must be construed legally as year to year tenants - therefore, a notice directed to them with one month's notice to pay increased,rent he does not think would be considered to be proper legal notice and would be, to all intents and purposes, ineffective; some of the tenants did not receive notices which is probably due to an error or oversight on the part of the City's agent, but it is a fact that most tenants received notices; the 14 or 15 tenants who signed this petition did receive notices; a number - 2 or 3 tenants due to oversight or some other cause which we are unable to determine at this time, did not receive notices; then there is the question as to the notices even being correct on the basis of square foot charges - it is submitted by the tenants that some of the notices even based on per square foot charge are incorrect in that they are charged more or less than the actual square footage that the tenants do occupy. He stated that the petition is considered by the tenants who signed same to be completely inacceptable in view of the facts and matters mentioned to Council; the petitioners would request that the Council give this petition its best consideration, pos- sibly inspect the premises itself or have the City's agents inspect the premises carefully. He stated that to the best of his instruction, he does not think that there was an actual survey carried out to determine the actual square footage of the premises occupied by each tenant. He stated that he therefore respectfully requests that the Council take this matter of the proposed increases under consideration. He added that the proposed increases in some cases amount to 400 %, others amount to 250 %, others more or less, and these seem to be inordiate, under the circumstances. In reply to Councillor Green's query regarding the question of elevator parts, Mr. Broderick advised that the elevator has been out of commission on very many days, and it does not work properly, mechanically - the elevator is probably of vintage 1900; the tenants have been instructed by the elevator operators that parts are not available for this elevator - the point seems to be that the parts are not being made for this elevator, today; there have been complaints from clients coming into tenants' offices because the clients have to walk up the staors of the building and those stairs are hard to climb, part- icularly for people with some incapacity. Councillor Green agreed that it is is an antiquated elevator, and pointed out that the City had purchased that building with the thought that it would become part of the City's land assembly in that block. Mr. MacCallum commented that not only is the elevator itself bad but the operators are not satisfactory - invariably the tenants do not have an operator of the elevator on Fridays; also, there is a real question as to the safety of the elevator. He stated that he has had offices in this building since December, 1952 and no landlord in all that time had done anything regarding redecorating his offices - he had his own offices cleaned and painted last year. He advised that on the third floor of the building, if you get the wind on the side of the building where his offices are it is intolerable - on three different days last winter it was necessary to close up his office and go home. He stated that it is not possible to control the heating in the building: they are sweltering on the first floor; the second floor usually is not too bad, and you are freezing on the third floor on certain days. Councillor Davis advised that the Land Committee has information that would be vital to the /h Council if the Council had discussed this matter, but the Council has not discussed it at all. He stated +�S 64( that the dilemma is that the City lost $10,000.00 on that building last year and we felt that it is not really the citizens' duty to subsidize the rentals of that building - we felt there were two courses to take - one would be to improve the building and spend upwards of $150,000.00 on the building and that would mean that rentals would not be increased 100% or 600 %, but much more. He stated he thinks that the information the Council has received from these tenants at this time should make the decision very easy, and the Land Committee will be making a recommendation to Council; the information the Council has from • E • • I r 623 Seconded by Councillor MacGowan �f77yiL �C RESOLVED that as per the recommendation of the Land Committee, Mr. / Robert Lodge be paid the sum of $1,650.00 for the permanent easement (which involves 2,585 square feet of land) across his property on the Green Head Road which is required for the Milford - Randolph - Greendale sewer line. On motion of Councillor Davis • Seconded by Councillor Green // RESOLVED that as recommended by the Land Committee, Mr. John Conway be o� paid the sum of $350.00 for the permanent easement involving an area of 941 square feet of land which crosses 1�!0.07Af//W his property on the Green Head Road - this easement being required for the Milford - Randolph- Greendale sewer the tenants at this meeting is that the building is more or less beyond repair - if it is beyond repair and if it is a loss to the City it would be much better to have a parking lot there; he felt, personally, that it • ���� begins to look obvious that that will be the decision. He stated that the actual income from that building last year was $13,240.00 and it cost $24,500.00 to operate it, which is only considering 9 1/2% interest on the �/lCi4° 75E'S $72,000.00 the City paid for this property. He stated he cannot understand how the City can continue operating 11�0 I�CAA67 this building at these rentals, and that is precisely the reason we decided to canvass the tenants to see if �� 5d they would agree to a $3.00 per square foot rental. He noted that we have some rentals in that building which are .59¢ per square foot; Mr. Broderick's rental is $1.43 per square foot, and so on. He stated that the square f�"IO P$S footage was taken from a floor plan, and may not be right. He felt that reaching a decision about this building ' should now be relatively simple - the City cannot afford to put in a new elevator or to hire an experienced elevator operator, or paint the entire building - as a matter of fact, the building was purchased to be demolished; there is nothing left there to retain - it is not a worthwhile building; if the City cannot collect $26,015.00 per year annual rentals from that building it is not worthwhile paying the taxes on it which the City, incidentally ' has to do. He stated he therefore cannot see that there is any other course to take. The Mayor advised Messrs. MacCallum and Broderick that the petition will be taken under consideration. On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the report of the Taxi Committee, advising that the Committee TX� ��%9i79 met with the executive of the Taxi Association and recommends that the Taxi By -Law be amended to increase the fares in the present $1.00 zone to $1.25, and that the Committee believes this is justified because of escalating _ m costs of gasoline (possible rebate), insurance, and repairs and maintenance of taxis - and further advising that JJJ making meters mandatory in taxis was discussed and the Committee suggests that meters are not feasible at this time - that extensive road construction, especially in the eastern area, and ensuing traffic congestion, would be major factors in making meter fares unreasonably high for the general public now presently using taxis, especially those who commute daily - and further advising that, granted, there are presently abuses of the Taxi By -Law by owners and operators, but it is the Committee's opinion that these abuses will be reduced and hope- T fully eliminated now that Sergeant John McCarthy has been appointed as a full -time taxi inspector -- be received x.` and filed. •1r,sPe�r On motion of Councillor Higgins Seconded by Councillor Gould RESOLVED that the letter from Deputy Mayor Thomas Higgins, Chairman of the Taxi Committee, submitting a proposed amendment to the Taxi By -Law to increase the basic taxi fare of $1.00 to $1.25, as has been recommended by the Taxi Committee, be received and filed: AND FURTHER that the by -law entitled, "A By -Law to Amend a By -Law Respecting the Regulating and A.� Licensing of Owners and Operators of Taxicabs in The City of Saint John ", be read a first time. "A Read a first time the by-law entitled , B Y- Law to Amend a B Y- Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John ". On motion of Councillor Higgins ' Seconded by Councillor Gould RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John ", be read a second time. 75.Y Read a second time the by -law entitled, "A By -Law to Amend a By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John ". The Council members agreed that copies of the abovementioned letter from the Taxi Committee in which reference is made to taxi meters be forwarded to those persons who had expressed to Council members the thought Txi that such meters would be advantageous for use in taxicabs in Saint John, for their information on this subject. M��rs Councillor M. Vincent asked if, before third reading of the above noted amendment to the Taxi By -Law, • if the Council could have all information regarding the possible rebate on gasoline brought to the Council. Councillor Higgins replied that he was going to have the Taxi Committee dissolved at this meeting of Council but with the permission of the Council he will stay on the Committee to get that information. On motion of Councillor MacGowan Seconded by Councillor M. Vincent RESOLVED that five special emergency items from the Land Committee be added to the agenda of this meeting. ' C�or�mi On motion of Councillor Davis Seconded by Councillor Higgins RESOLVED that in accordance with the recommendation of the Land Committee, Mr. Thomas Lodge be paid $1,000.00 for the permanent easement across his property on the Green Head Road which is required for the Milford - Randolph - Greendale sewer line, plus the standard arrangement in regard to accommodation the and works - area of land required for the permanent easement involving 1,663 square feet - and that, in %,'B �C addition, the City pay Mr. Lodge the sum of $150.00 if because of restoration, he is unable to put in a garden smvep, 11 he e in 1976 -- the said easement being subject to the conditions and procedures required by Mr. Lodge to which the Land Committee and the City of Saint John agrees, a copy of such conditions and procedures having been submitted ' with the report from the Land Committee regarding this matter and forming a part of these minutes. On motion of Councillor Davis Seconded by Councillor MacGowan �f77yiL �C RESOLVED that as per the recommendation of the Land Committee, Mr. / Robert Lodge be paid the sum of $1,650.00 for the permanent easement (which involves 2,585 square feet of land) across his property on the Green Head Road which is required for the Milford - Randolph - Greendale sewer line. On motion of Councillor Davis • Seconded by Councillor Green // RESOLVED that as recommended by the Land Committee, Mr. John Conway be o� paid the sum of $350.00 for the permanent easement involving an area of 941 square feet of land which crosses 1�!0.07Af//W his property on the Green Head Road - this easement being required for the Milford - Randolph- Greendale sewer 624 Itahloe OMB' Ori motion of Councillor Davis .w, ,Sitars �a.S�I�ehL� Seconded by Councillor Pye RESOLVED that as recommended by the Land Committee, the sum of $2,000.00 be paid to Mr. George Stears for the permanent easement which is required for the Milford - Randolph - Greendale sewer line across his property on the Green Head Road, involving 5,145 square feet of land for the said easement. On motion of Councillor Davis Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Land / Committee, the sum of $700.00 be paid to Mr. R. A. Farraher for the Milford - Randolph - Greendale permanent ' easement - involving an area of 1,660 square feet - which crosses his property on the Green Head Road. �°�seir�e/vi Councillor Cave recalled that he asked for a report on easements that were granted by the City on Ocean Westway and he has yet to get a report. He stated he understands it was over four years ago and Couis. Cave that there are people down there who have not been paid yet. He asked if a report could be made in this xdse -ve,&6 regard, in the not- too - distant future. O/!wl`✓ay The Financial Statements to December 31st, 1974 of The City of Saint John and the Auditors' ' rr��']� �� /� Report, prepared by H. R. Doane and Company, Chartered Accountants, were presented at this time by Mr. on L1,00 .Cb7/7Cgf CO. Ivor E. Laws, Chartered Accountant, who distributed to the Council members a summary of the said financial - report which he discussed, item by item, and replied to various queries of the Council members. Ivor haws On motion of Councillor Cave Seconded by Councillor Green 9 7� RESOLVED that the Financial Statements of The City of Saint John to December 31st, 1974, prepared by H. R. Doane and Company, Chartered Accountants, and the auditors' report thereon, be received and filed. • �eMerlL�S On motion of Councillor Higgins Seconded by Councillor Green y RESOLVED that the letter from the City Manager, dated July 18th, 1975, advising that the proposed Capital Budget for 1975 which is recommended for adoption contemplates the expenditure of $19,005,000.00 during 1975 and that of this amount $6,973,000.00 is budgeted to be C• L received as contributions from other levels of government, and $3,909,000.00 is budgeted for repayable u�9et loans from the Federal Government, leaving a balance of $8,123,000.00 to be raised from the sale of City debentures - and recommending that the said 1975 Capital Budget be adopted, and that the Long Range /p76 — 77 Programme for 1976 -1977 be referred to the Budget Committee for its future guidance -- be received and / /� /h9 ,"Rh�e filed and the recommendation adopted. 'we Durin g ensuing discussion in reply to Councillor Ki pp in 's question as to the status of the ' Gt City's last action regarding pressing for changes in the application of the Unconditional Grants formula, Mr. Barfoot stated that the last approach was in April, to the Provincial Cabinet, and more work is being done by City staff in preparing more information on this. The Mayor added that the Minister of Municipal Affairs will be coming soon to the City to meet with the Council to discuss the City's problems regarding (7/�jhTisTO%Mk/ grants. Ave. Gave Councillor Pye discussed the continuing problem of correcting the flooding situation at Marsh Creek and the Glen Falls area, as compared to the item in the Capital Budget for storm sewers for Marsh 7To7 //''S Creek at a cost of $150,000.00. Como, 'l ye F /oedin9 - /YfahSiiC°aeeil'� G� /e✓iFa /�sa�ea Siam ge�ers �sv iii Sys storm i/�A /h During discussion with the City Manager, Councillor Gould established the fact that the City is anning.to expend the sum of $97,000.00 on the Loch Lomond Road to keep this Provincial highway up to andard and that the Province this year allocated the sum of $200,000.00 to the upgrading of Provincial ghways mileage within the city (the City had requested approximately $900,000.00 for this purpose), ich means that the Provincial Government is not allocating sufficient funds to maintain the said high - ys in their existing condition let alone improve them, and that this situation applies as well to other ovincial roads within the city. The section of the City Manager's above mentioned report, dealing with the large increase that been forecast in the City's tax rate was discussed in detail. His Worship the Mayor gave the following Notice of Motion: �, Govt "I do hereby give Notice that I will at a meeting of the Common Council held after the expiration of thirty days from this day, move or cause to be moved the following resolution, namely: - 'RESOLVED that occasion having arisen in the public interest for the following public civic works and needed Civic Improvements, that is to say: FOR GENERAL PURPOSES: Public Works - Road Construction and Street paving - �d Cedar Point Trailer Park $1,586.00; Sandy Point Road $65,734.00; Kiwanis Centre $6,613.00; Bridge Street _ $17,442.00; Fifth Street $17,323.00; Grandview Avenue $7,680.00; Norris Road $7,341.00; Morrison Road $5,558.00; Golden Grove Road $53,997.00; Westmorland Road $64,754.00; Loch Lomond Road $31,473.00; Lakeview Drive $18,385.00; Charles Street $8,064.00; Summit Avenue $11,779.00; Hickey Road $34,774.00; Lorneville Road $17,206.00; Raynes Beach Road $3,303.00; South Bay Road $56,505.00; Greenhead Road $3,881.00; Saint James Street West $63,773.00; Church Avenue $7,829.00 -- $505,000.00 d Acquired For Roads - k Street $28,000.00; Sandy Point Road $20,000.00 $48,000.00 age - Heating and Ventilating -- $47,000.00 reation and Parks - of Community and School facilities for joint use $74,958.00; Swimming Pool $190,309.00; • n L r 62) -0 Rockwood Park, including golf course $159,111.00; Beaches, Docking facilities and Watershed parks $65,469.00; • Gd1 Community Arenas $2,755,153.00; Land required for recreation purposes $155,000.00 - $3,400,000.00 OaNd �SSdL2 Total General Purposes - $4,000,000.00 FOR SELF - SUPPORTING UTILITIES: Power Commission: Substations and extensions to the distribution system -- $1,000,000.00 Total Self- Supporting Utilities - $1,000,000.00 A total for all purposes - $5,000,000.00 THEREFORE RESOLVED that Debentures issue under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29, and Amendments thereto, to the amount of $5,000,000.00. On motion of Councillor Kipping Seconded by Councillor MacGowan RESOLVED that the letter dated July 15th, 1975 from the City Solicitor Crty� /e!— expressing his views regarding the proposed Provincial Police Act, known as Bill 89 as it would relate to the J U06 City of Saint John, be received and filed and the Common Council request the views of the Chief of Police and of pppy, the City Manager in writing regarding the said proposed legislation. /Et With regard to the presentation from the Martinon area residents protesting the location of a medium % Cam/% security With in that area, Councillor Gould asked if the City has received a formal request to have the said penitentiary in that area. In reply, the Mayor recalled that the Federal Government representatives made a presention to Council when two areas were discussed, but the City has not received a formal request in this J matter. The Mayor felt that the next step for the Council to take is to invite those who are supporting the proposed medium security penitentiary establishment to make their presentation so that the Council understands what they are trying to present; the Council will then have heard those people who are against the proposal, and those who are for it. • II On motion of Councillor Gould D"e Seconded by Councillor Hodges 1 RESOLVED that the petition from residents of the Martinon area expressing their strong protest against the building of a medium security penitentiary in their area, be received and filed �/! • and that the petition be taken into consideration at the proper time. / 490 4?pwa Councillor Hodges felt that the above named residents should be informed that the City has not received, a formal application concerning this proposed penitentiary, or even for re- zoning of the land. Councillor Green expressed the view that the said residents should be kept up to date regarding what is going on. The Mayor noted that we will keep them informed. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the matter of the non - stopping of cars before crossing the .J7GG� p�PlJd� sidewalk when exiting from the ramp which leads from the underground parking at the Prince Edward Square shopping �iOhs Z� mall on to Prince Edward Street between St. Joseph's and Prince Charles Schools, opposite Richmond Street, QjrjLL� hereby creating a dangerous and potentially fatal traffic situation to both motorists and pedestrians, as ;Pp -olio/ elated by Mrs. Betty Sleep of 30 Carmarthen Street, be referred to the Chief of Police, the Works Department, nd to the Traffic and Safety Committee for study and a report. ` !/[ 44,Gf.i?,�,e On motion of Councillor Hodges Gi/vS Seconded by Councillor Higgins ?�� RESOLVED that the petition from tenants of the City -owned building at 50 /� Princess Street, protesting the proposed increase of rents for their respective premises in the said building, be `-�� referred to the Land Committee for a report to Council. W51aoz.s VIC Councillor Hodges expressed the hope that the above requested report will inform the Council as to the 3-0 extent the City has been subsidizing the above noted tenants in the building at 50 Princess Street. daA On motion j��pyry9�f• The meeting adjourned. Common Clerk. • 626 460, /0?@r " e Win, W Uha" �/niv. e�Pnih9 .1 X Fundy RP 9ioy� ,17eve %p meh� eoi»m. Z o47 r ehnta/ 19sp4llf- /J%464/y relood- P A07/'ff'i h9 Oh sevvls "7 ,ov Z�J�IIC�rs (evar /oadii��) At a Common Council, held at the City Hall, in the City of Saint John, on Monday, the twenty - eighth day of July, A. D. 1975, at 4.00 o'clock p.m. • present T. J. Higgins, Esquire, Deputy Mayor, presiding in the absence of Mayor Flewwelling Councillors Cave, Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt, Pye and A. Vincent - and - ' Messrs. R. Park, Commissioner of Finance, G. T. Clark, Q. C., Senior Legal Counsel, J. C. MacKinnon, Commissioner of Engineering and Works, M. Zides, Acting Commissioner of Community Planning and Development, D. Buck, Acting Deputy Commissioner of Property Management and Deputy Commissioner of Housing and Renewal Services, H. Ellis, Assistant to the City Manager, A. Ellis, Building Inspector, D. French, Director of Personnel and Training, E. Ferguson, Chief of Police, and P. Clark, Fire Chief The meeting opened with silent prayer. ' On motion of Councillor Hodges Seconded by Councillor Cave RESOLVED that minutes of the meeting of Common Council, held on July 14th last, be confirmed. Councillor Parfitt noted that the said minutes state that during discussion on City representa- tion at the opening ceremony on July 15th of St. Stephen's University, St. Stephen, N. B., which Councillor Parfitt was authorized to attend as a representative of the City, Councillor A. Vincent advised that he would be attending that ceremony as a representative of the Saint John -Fundy Region Development Commission. She asked if Councillor A. Vincent stated that. She noted that there was not any vote taken and so she did not know whether he was present or not. In reply to Councillor Parfitt's question as whether he said.he would be present at the said ceremony, Councillor A. Vincent stated that he would have to check the tape of that Council meeting to determine that point. The Deputy Mayor noted that if it is determined that Councillor A. Vincent did not say that, it will be removed from the said minutes. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that minutes of the meeting of Common Council, held July 21st last, be confirmed. On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the City approval be granted for payment of the following invoices for equipment rental:- - to the Water Department - to the Works Department tticks (1962) Ltd. - to the Sanitation Division - to the Works Department On motion of Councillor Gould June 1 -15, 1975 (dated June 18, 1975) $ 10,180.60 June 1 -15, 1975 (dated June 18, 1975) $ 15,343.69 June 1 -15, 1975 (dated June 17, 1975) $ 100.00 June 16 -30, 1975 (dated June 30, 1975) $ 4,592.80 Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, authority be given for payment of the invoice from Stephen Construction Company Limited, dated July 16th, 1975, in the amount of $34,339.54 for supplying asphalt to the Works Department during the period July 2nd to 15th, 1975• On motion of Councillor Green Seconded by Councillor Cave RESOLVED that the June report of the Water and Sewerage Division of the Works Department, be received and filed. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the June report of the Street Division of the Works be received and filed. Referring to various sections of the above report, Councillor MacGowan made the following omments:- she believes-it was this spring that we asked the Police Department to check on people who are riving up on the green areas of grass between curbs and sidewalks, and as this situation is still con - inuing, we are hoping that the Police will enforce that and make it illegal to drive on these green areas etween curbs and sidewalks; with regard to the recurring problem in trying to keep the city streets lean, caused by spillage from trucks of various materials - operators of trucks are still abusing this nd are overloading their trucks with not only gravel but with garbage and debris right to the end of the rucks - she felt that if there was a closer watch kept on such truckloads it would curb some of the dirt hat is falling on our streets. The Deputy Mayor asked that the Common Clerk inform the Chief of Police f these comments. On motion of Councillor A. Vincent Seconded by Councillor Davis RESOLVED that the letter from the City Manager, in reply to the 62) 7 /'11"o, request made by Common Council on July 14th last that he look at the whole matter of travel expenditures and ®� submit a recommendation to Council, submitting six recommendations regarding this subject with the suggestion • ��o that they be considered by Common Council for use by all, be laid on the table for one week until the Council can meet with the City Manager to discuss the recommendations. • Councillor Davis stated that the Council should accept this $100,000.00 and apply it to the said project; when the City applied for $9,000,000.00 worth of assistance it had a list of projects of great length and the City is going to continue to discuss that list. He pointed out that at the moment the City has $100,000.00 and has a project under way and it should apply that money to the said project - and that to refuse this amount now means that the City will get nothing - there is no debate, there is no question - this said amount is for this particular project - the City has many other projects to discuss with the Minister and if they will come forward - fine - if not, we just have the one project. Councillor Kipping felt that the Council could accomplish that by accepting the first part of the City Manager's recommendation and leave out the second part of that recommendation. Question being taken, the above motion was carried with Councillors Pye, Gould and Hodges voting "nay ". On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the letter from the City Manager regarding recovery of costs /Y.,V. Tel, for replacing pavement with particular reference to the New Brunswick Telephone Company, Limited and Loch Lomond Road, such report having been requested at a meeting of Common Council held on July 14th last, advising that fe3' �yvyC billings for the major cuts on the said road were made at the end of May, further billings for major cuts will be made at the end of July to be followed in the fall with a surveying of all costs with contractors and builders, et cetera, to calculate the recoverables for all work done in the current year, and submitting a copy of the billing to the said company related to Council's enquiry, and advising that no other firm was involved in this ���� particular cut -- be received and filed. l exc. /a79iY�OI Councillor A. Vincent asked how often such billing is done, and is it done with the Power Commission at, the same time. Mr. MacKinnon explained that normally the City tries to limit the number of billings that it GL sends out on these costs because some of the resurfacing charges are quite low - therefore, the City has been trying to accumulate some of these billings; further, more recently, a different approach has been tried - ,/ namely, charging for a fewer number of invoices to limit the billing problems - we do charge anybody for the ��j/ypyy, costs of replacing the asphalt. Councillor A. Vincent then asked how the City's charge of 25 per cent for supervision is arrived at, noting that it is a very low percentage of overhead at today's costs in the labour force market, and taking into consideration the costs for compensation, public liability, payroll deductions, and so on, and the computer system. Commenting generally, Mr. MacKinnon replied that the 25 per cent supervision and payroll in this particular matter is only for the supervision provided from an office point of view - general supervision - making a general check as to whether or not the work has been done. He agreed that if the City had to supervise any portion of the job in a detailed way and account for payroll figures the percentage would probably be quite a bit higher than 25; this 25 per cent figure is just the City's supervision along with any v • invoicing costs that would accumulate. Councillor A. Vincent stated that what he is asking for is: regarding B� labour, how many hours are involved in the figure of $1,795.64 on the copy of the billing that is attached to the above noted letter from the City Manager; is it the actual hours; are we getting recovery for half of his Canada aC /7 1 Pension, half of his Unemployment, whatever part of Blue Cross would be applicable (he understands that the City /°u pays one hundred per cent of the Blue Cross if he is not a permanent worker in the asphalt group, - he does not believe that the City is getting that, when he looks at that figure. He stated he therefore would ask for a S'4LG,�7 breakdown, and he is willing to meet with Mr. Park and Mr. MacKinnon in this regard, at their convenience. ✓/ /�, On motion of Councillor Cave U�rrc��t Seconded by Councillor Green RESOLVED that the report dated July 21st, 1975 from the City Manager, advising that, further to his report to Common Council on June 9th last (in which he advised Council that out of �r, the City's applications for Stimulation Grants totalling $9,000,000.00 a grant of $100,000.00 had been approved by the Provincial Government) which was laid on the table by Council for further discussion and Council requested a meeting with the Provincial Cabinet to air its views in the matter - the Council's reaction has been communi- cated to the Minister of Municipal Affairs who has suggested that he will come to Saint John in late August to /Ds discuss this and other matters with Council - and further advising that the application of the said $100,000.00 granted for 1975 should therefore now be further discussed and a decision reached on its best use, and that it has been agreed with the Commissioner of Finance that best use of the grant would be found in the Utility Fund /9p0//, GOB and its application should be related to one specific project, namely, the Lakewood Heights and Myles Sub - division sanitary sewer, the major portion of which will be constructed by contract - and recommending the said project Gd7 for the sum allotted in 1975 and requesting that approval be given for the concluding of agreements with the Ministry of Municipal Affairs -- be received and filed and the recommendation adopted. Councillor Kipping suggested that the question here is whether the Council should accept the above named sum at all until the matter of Stimulation Grants is finalized, and that if the matter is going to be concluded at some future time, perhaps the Council should let the amount sit until we have talked with the •1,9 7 Minister, because once we have cashed the cheque, he guesses we have accepted it, in fact. Mr. Park explained that at this stage, the Province is not actually offering us a cheque of $100,000.00, by any means; the offer is the annual charges on the amortization of a one hundred thousand dollar project, which might amount to approxi- mately $11,000.00 or $12,000.00 a year. He noted that, according to the arrangements already made, we shall be meeting the Minister long before any money changes hands between the Province and the City on this point. Councillor Kipping explained that his thought was that the City should probably not conclude any agreements until the City has thrashed out the whole matter since it is not satisfied with the sum that has been allotted. He noted that what Mr. Park is saying is that we will have had the meeting before anything is done. He stated it is his feeling that if the Council approves the above recommendation, it sort of usurps any bargaining power it might have - it constitutes an acceptance of the $100,000.00 and the Council has not really accepted it. Mr. Clark was asked for his opionion. He stated that as he understands it, the letter says that the Provincial Government has offered $100,000.00 and the Government officials want to meet with the City officials on it - there may be a further increase - there won't be a decrease. Noting that the City Manager's letter recommends the concluding of agreements, Councillor Kipping felt that is kind of a "blank cheque" for the staff to conclude agreements with the Ministry of Municipal Affairs, and he felt it would preclude any chance we might have now of getting any further amounts. He stated he thinks the City should let it be known that it does not accept this sum at this time - at least until the Council has talked with the Minister or his people, and after that the Council can talk about getting approval for the conclusion of agreements. He stated he can agree with the first part of the City Manager's recommendation being followed, but he can see a great problem in giving ' approval for the concluding of agreements with the Ministry of Municipal Affairs in this matter. Mr. Park advised that the Lakewood Heights and Myles Sub - division sanitary sewer project is already approved as a capital project as far as performing the work goes - it is part of the capital budget that has been approved for the year 1975; the City Manager's letter is simply suggesting that the funds allocated by the Department of Municipal Affairs be allocated to this one project - the said Department asked the City to select a project to which it be applied. • Councillor Davis stated that the Council should accept this $100,000.00 and apply it to the said project; when the City applied for $9,000,000.00 worth of assistance it had a list of projects of great length and the City is going to continue to discuss that list. He pointed out that at the moment the City has $100,000.00 and has a project under way and it should apply that money to the said project - and that to refuse this amount now means that the City will get nothing - there is no debate, there is no question - this said amount is for this particular project - the City has many other projects to discuss with the Minister and if they will come forward - fine - if not, we just have the one project. Councillor Kipping felt that the Council could accomplish that by accepting the first part of the City Manager's recommendation and leave out the second part of that recommendation. 628 On motion of Councillor Gould � 671 �f p Seconded by Councillor MacGowan • J 6 /70 RESOLVED that the letter-from the City Manager, dated July 17th, !L 're 1975, with reference to the proposed Federal Government programme to be cost - shared with the Province to p,.o9ral»me reduce flood damages, emphasizing the flood mapping programme, but also mentioning other possibilities such as flood warning and control works - advising that before such a programme can be put into effect it /,� "�'-• will be necessary for the Provincial and Federal Departments to enter into a formal Agreement on the programme, and that the City has been informed that preliminary steps have been taken in this regard, and when these arrangements have been completed, Marsh Creek could well be one of the projects implemented under the Agreement, and that when the details of the Agreement have been developed, and the Agreement is signed, mapping and other works could be carried out under the Agreement, but until the mapping of flood - prone areas is completed there would be no question of ineligibility for full benefits under the Agreement -- and noting that approval of developments within the watershed will not prejudice the City's position with , respect to future Federal assistance for flood control in the Marsh Creek -- and listing the six com- ponents into which the complex problem of Marsh Creek can be sub - divided, namely:- (1) further engineering study (responsibility: Province and City); (2) ownership of land (Province and City responsibility); (3) V remedial work to existing structure (Province responsibility); (4) improvements to storm sewers (City of Ce &Zpv Saint John responsibility); (5) clean -out and maintenance of channel (City of Saint John); (6) control of further development (City of Saint John) -- and submitting background information regarding progress to date with reference to these six subjects -- be received and filed. Councillor MacGowan noted that in the above matter, the City Manager's letter states that with ' regard to channel clean -out some land owners along the banks of Marsh Creek are still using the creek as a dump, and she asked if this dumping is illegal and if the City can take action against them, or is there a fine. Mr. MacKinnon replied that the City has had discussion with Mr. Brian Barnes of the Provincial department and Mr. Barnes is going to write a letter to the City indicating specific sections of the Act /eI7 and where they apply, and what we have to do in order to prosecute for any violations - the Act in question (T �o7��S is the Water Act, he believes; as he understands it, the Province does the prosecuting and is going to area enumerate the steps that have to be taken in proceeding with a prosecution. Councillor Davis stated he has read the Water Act and it is true, as Mr. MacKinnon has pointed out, that it is not a simple matter to prosecute for violations - but the City's involvement is obscure - it is a Provincial involvement but there is quite a bit of co- operation; it is his opinion that it will work out alright. • Councillor Hodges noted that Marsh Creek has been filled in by citizens of the area in the past beyond what apparently was its margin in the past, and he asked what action can we take to put the Creek back close to its original form. He felt that this is one of the issues. He noted that the Marsh Creek flooded before anybody lived there, and it is certain to flood again, but the point is that at the present time in a normal rain storm there has to be someway to eliminate the run -off and it cannot be done if people keep filling the Creek in. Mr. MacKinnon replied that the discussions with the Provincial de- partment have also centred around the ownership of the land; the ownership also is obscure; we are at- tempting to find out who does own the lands under the Marsh Creek and who is responsibile for it, and at the same time, to establish the width of the Marsh Creek; all we know at this particular time is that the stream is as wide as you happen to see it on any one particular day; we are not quite sure where we can get the information which would establish what the width of the Creek used to be 50 or 100 years ago, and what width.it should be. He confirmed that it is true that private properties further out in Glen Falls have filled the Creek in and it is very narrow and constricted in that area - it is also narrow in behind ' the businesses fronting along Rothesay Avenue, so everybody moving along the Creek has probably filled it in to a great degree. The Deputy Mayor asked if the tone of part of the discussion with reference to the Water Act with Mr. Barnes of the Department of the Environment was not only the idea of prevention of future dumping there but also the restoration of width, and what have you. Mr. MacKinnon pointed out that as indicated by the letter, Mr. Barfoot indicates that the problem of the Marsh Creek is divided into six components and one of those is the ownership of the land, and both the City and the Province are attempting to resolve this problem as to who owns it, and how much of it somebody owns. Councillor Cave referred to the section of Mir. Barfoot's letter which advises that some people are still using the Marsh Creek as a dump, and stated he would like to know what action, and who the firms are who are doing this - at a further meeting he would like a report on those firms that are dumping in the Marsh Creek. He asked if and when there would be any hope of having some conclusive date to meet with the Provincial Government and go into detail, because it has been quite a while since this happened and there has not been too much action, to date. He asked if there would be any hope that the City would be • hearing from the Provincial Government within the next thirty days with regard to what should be, or what could be done. In reply, Mr. MacKinnon pointed out that Mr. Barfoot's report indicates that both the City and the Provincial Department of the Environment are currently meeting and attempting to resolve the problem of the cost - shared further engineering study which will deal more specifically with the problem of how to resolve the flooding problem and also dealing with a feasibility study on the cost parameters; it is a fairly extensive report and this was part of our di- scussion approximately one week ago. In reply to Councillor Cave's first question, Mr. MacKinnon stated that there has been a number of companies that have been contacted with regard to debris in the Creek and as of this date the majority of companies have complied and have cleaned out in the Creek - he is talking only about businesses; we have not contacted private residences that may be contributing - there, it is a little harder to tell who is dumping into the Creek - the people in the area should probably know and as they are the-recipients of most of the water, ' they should probably clean up, themselves. Councillor Cave explained that he is concerned with the point made in Mr. Barfoot's letter that the City has been receiving some co- operation in this matter - in other words, not all have co- operated with him - and Councillor Cave wants to know who are the ones that are'not co- operating; he would like this information at some future date. Mr. MacKinnon replied that this in- formation will be supplied. Councillor Davis made the point that the problem of finding who owns what, or the way the Creek looked 50, 60 or 80 years ago does not solve anything. He commented that our conditions today are quite a bit different than they were 40 or 50 years ago, or 100 years ago; the Creek of the future will look a lot ' different than it does now, or than it ever looked, because the load is different, the speed at which you have to remove the water is different - so, the problem is really to find out who is going to get what when the Creek is widened and straightened and deepened; we can have photographs and drawings of what was in the past but it won't really affect the Creek of the future - it will affect the trade -off of lands. He stated he hopes that the Creek that will be designed for the future will look very much different than it looks now; he presumes it will have straight, reinforced banks, and that the Creek will be a lot straighter and less twisty in its course. He pointed out that the problem of the land ownership has to be solved before any work of that nature can be done. In confirming Councillor Davis' comments, Mr. Mac- Kinnon advised that we have been doing the study and attempting to get the land owners and the width of the banks.to accommodate the people in the Glen Falls area; certainly, the assumption was at the time that • if you could return the Marsh Creek to its former condition that you would solve the problem - however, this is not the case - the situation has changed drastically with the number of buildings that are out there and we have to put another engineering structure in there, or something else, to retain the water and to get it out to the Courtenay Bay in a different fashion than the old Creek did. r 6A29 On motion of Councillor Gould Seconded by Councillor Green RESOLVED that the report of the Recreation and Parks Department, covering 4 the period January lst to June 30th, 1975, be received and filed. Councillor MacGowan noted that the above report comments there was some debris around the pier at p,JgQ Dominion Park and that scuba divers are intending to search the bottom out around this area, and that the main beach appeared to be in reasonable condition by scuba divers, with remarks of a silting bottom. She stated that, personally, she finds Dominion Park this year much cleaner than it has been in past years and she thinks ryry�� it provides much safer and better swimming although we do not seem to be getting the crowds there. With re- 40b/ ference to the Carleton Community Centre, mentioned in the report, she noted that this Centre is very busy but there is a dire need in West Saint John for a kindergarten this year and stated she has had a great many calls for a kindergarten as apparently there are only about two or three operating. She stated she wonders if the Ift/ApIvolp Recreation and Parks Department would look at the possibility of opening a kindergarten - the said Carleton • Community Centre used to have a kindergarten there, but not for the last couple of years. She suggested that 00e the Deputy Mayor refer this matter to the Recreation and Parks Advisory Board so that the Board can perhaps take it into consideration. The Deputy Mayor asked that Councillor Gould make note of this request. Noting that Mr. Barfoot's letter deals with flood damage eligibility, and in the sum -up for that, the letter says that approval of developments within the watershed will not prejudice the City's position with • respect to future Federal assistance for flood control in the Marsh Creek, Councillor Kipping stated that it therefore, to his mind, seems to still leave unanswered the question about assistance for damage sustained. He stated that if he remembers correctly, this was a big question in the minds of the Glen Falls group that came in regarding assistance for damage sustained, as well as future flood control eligibility. He felt that that is not complete, if that is all there is to it. Noting, further, that Mr. Barfoot's letter advises that the Rocca Westmorland Grove development currently before Council proposes to handle the problem of flooding by constructing • flood storage within the property so as to limit the run -off, and that this is a possible solution for large developments, Councillor Kipping stated he agrees it is a possible solution for large developments although not a completely satisfactory one because any storage you might make of water certainly would have to be pretty voluminous before you could handle, perhaps, some of our big storms. He noted that the letter further states that it is impracticable for smaller developments, and that this brings to mind the thought that if we used ' common sense we would then restrict the smaller developments unless something similar can be done with them - he r felt that the question of whether we should be restricting the smaller developments as well as the large develop- ments, or not, is one which has been bothering us all. He noted that the letter states that the prime emphasis of the Federal programme is on mapping the flood prone areas and it is within these areas that development restrictions would be placed. He noted that that is in the future - they are going to map the flood prone areas 7 GL - so he thinks that the lesson that comes out of that is that we should wait, then, until we see where these are - until we see which areas are identified as flood prone before we go ahead with development. He felt that 1 everything in this letter from the City Manager says "Hold on and really don't develop until we have these other things done - like the mapping by the Federal government" - and the question, then, of eligibility for benefits ' is also a little hazy, here, he felt. On motion of Councillor Gould Seconded by Councillor Green RESOLVED that the report of the Recreation and Parks Department, covering 4 the period January lst to June 30th, 1975, be received and filed. Councillor MacGowan noted that the above report comments there was some debris around the pier at p,JgQ Dominion Park and that scuba divers are intending to search the bottom out around this area, and that the main beach appeared to be in reasonable condition by scuba divers, with remarks of a silting bottom. She stated that, personally, she finds Dominion Park this year much cleaner than it has been in past years and she thinks ryry�� it provides much safer and better swimming although we do not seem to be getting the crowds there. With re- 40b/ ference to the Carleton Community Centre, mentioned in the report, she noted that this Centre is very busy but there is a dire need in West Saint John for a kindergarten this year and stated she has had a great many calls for a kindergarten as apparently there are only about two or three operating. She stated she wonders if the Ift/ApIvolp Recreation and Parks Department would look at the possibility of opening a kindergarten - the said Carleton • Community Centre used to have a kindergarten there, but not for the last couple of years. She suggested that 00e the Deputy Mayor refer this matter to the Recreation and Parks Advisory Board so that the Board can perhaps take it into consideration. The Deputy Mayor asked that Councillor Gould make note of this request. Councillor A. Vincent asked why the City Manager did not include the City of Saint John as one of the offenders and tell how much filling the City has done there, behind the Maintenance building. He noted that when R. A. Corbett built the building there was not very much room between it and the margin of the Creek at the back of the building, but now, there is a parking lot behind that building. He does not feel that the City should condemn companies and residents when the City, itself, is one of the offenders. Mr. MacKinnon, in reply, stated that to his knowledge there has been nothing dumped at the rear of this building; there is a roadway that has been surfaced at the back - it is merely a roadway to carry it around the building; however, he cannot comment on when the building was built - he felt it was built around 1955 or 1956. He stated that, certainly, • the City has not been dumping at the rear of that building in the intervening time. With regard to Councillor Nipping's comments with reference to large and small developments, Mr. MacKinnon stated that it was not the intention of the City Manager to make the conclusion that small develop- ments should not be approved - the City Manager was merely making a comment that to initiate a large engineering storage area would not be as practicable for the smaller developments - he did not mean to imply that the Council should not discuss the matter, or that the Council should turn a smaller development down. r Councillor Green noted that the City Manager's letter advises that $22,356.00 has been spent at the present time to alleviate some of the problems insofar as the Creek clean -up is concerned, and that in the Capital Budget for 1975 the City has allocated $150,000.00 for storm sewers in that area. He asked what impact 7 GL that expenditure will have with regard to protecting the citizens of that area, and what improvement, in Mr. MacKinnon's opinion, it will bring about. Mr. MacKinnon advised that it will improve the Eastmount area - at 1 the present time, it is susceptible to back -up of storm water in the immediate area of Eastmount because of the storm line that runs across the Strescon property; this Capital programme will ease that situation and improve the drainage from the area - however, when you get a high run -off through a storm it is not going to protect any of the areas, necessarily - the Eastmount area is still susceptible to flooding if you get a high enough rain; this particular Capital programme is intended to take care of the normal run -off and not to back it up, as has happened in the past; the programme has been designed, the plans have been presented to the Strescon people and we have also had to get permission from the Canadian National Railways, and we are still waiting for that approval and, also, for the acceptance by Strescon of their participation in the project. He stated he has written to Strescon and has not received a letter - it is one of the reasons there has been a hold -up - we are waiting for two participants in the project to concur with it, and then we will proceed. Councillor Pye stated that even with the installation of holding tanks proposed by Rocca developers and even if the holding tanks when installed are successful in absorbing the run -off which occurs after every noticeable rain storm or during any flood period, he hopes that the Council members, on reading the above report of the City Manager, will not lose sight of the fact that one of the main reasons for the Glen Falls protest was / • �ay,�/ not the run -off from the uplands but the contribution of the sewage to the Glen Falls sewerage system which, �✓�/ naturally, is going to be enhanced by the erection of these new units in the Westmorland Grove area. Mr. �el�/�LAe ✓ ✓� MacKinnon pointed out that when the Marsh Creek sewerage system was designed, it was designed to carry a great �+_��� deal much more sewage than it is presently carrying and the projects as being considered by various developers elC can be handled by the Marsh Creek system; however, the problem with the system is with infiltration of storm water and with flooding conditions which in turn gets into the sewerage system that was not designed for storm water - it is a sanitary sewerage system and not a storm system - the sanitary lines can accommodate the develop - (T ment of the area. On motion of Councillor Gould Ca/ Seconded by Councillor Cave RESOLVED that the Financial Statements for the month of June be received land filed. On motion of Councillor Gould Seconded by Councillor Green RESOLVED that the report of the Recreation and Parks Department, covering 4 the period January lst to June 30th, 1975, be received and filed. Councillor MacGowan noted that the above report comments there was some debris around the pier at p,JgQ Dominion Park and that scuba divers are intending to search the bottom out around this area, and that the main beach appeared to be in reasonable condition by scuba divers, with remarks of a silting bottom. She stated that, personally, she finds Dominion Park this year much cleaner than it has been in past years and she thinks ryry�� it provides much safer and better swimming although we do not seem to be getting the crowds there. With re- 40b/ ference to the Carleton Community Centre, mentioned in the report, she noted that this Centre is very busy but there is a dire need in West Saint John for a kindergarten this year and stated she has had a great many calls for a kindergarten as apparently there are only about two or three operating. She stated she wonders if the Ift/ApIvolp Recreation and Parks Department would look at the possibility of opening a kindergarten - the said Carleton • Community Centre used to have a kindergarten there, but not for the last couple of years. She suggested that 00e the Deputy Mayor refer this matter to the Recreation and Parks Advisory Board so that the Board can perhaps take it into consideration. The Deputy Mayor asked that Councillor Gould make note of this request. 630 On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that the letter from the City Manager, providing in- formation on the purchase of three ice resurfacing machines for use in the new arenas, as requested by / Ce— S /Uo7C/ Common Council at its meeting of July 14th, 1975, be received and filed: AND FURTHER that as recommended by the City Manager and by the Director of the Recreation and Taller a Parks Department, the bid of Wortman Enterprises Ltd. in the amount of $12,798.00 which includes 8% tax of $948.00, be accepted for supplying three only ice resurfacing machines for use in the new City -owned 0�j /Wrj arenas. �a�er/orises 1-6_/ On motion of Councillor Green Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate for the following named project (,d /tw/ which is included in the Capital Budget: - P �u�9et 1. Community Arenas �/ieT%Jo:S A. D. I. Limited Engineering Services •G Payments previously approved $ 127,842.39 Sum recommended for payment, Progress Estimate Number 10, dated June 30, 1975 $ 5,888.43 On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the City Manager, approval be given for payment of the following construction progress certificates and approved �j G^ invoices for engineering services regarding projects that have been undertaken under the Department of „�. n .� f.. Regional Economic Expansion programme:- aroma iru0ik s ewer 10lver Ooai� frele�►ie�»r► rep, / ew- �9eel�ke 1. Western Collector Area Trunk Sewer 16 c.f.s. (a) Carpenter Place Lift Station The Power Commission of the City of Saint John Total value of contract Total work done to date Retention Payments previously approved Sum recommended for payment, Invoice dated July 7, 1975 (b) Carpenter Place Lift Station Fredericton Housing & Construction Co. Ltd. Total value of contract Total work done, Estimate Number 7 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 7, dated July 21, 1975 Spruce Lake Intake (a) MacLaren Atlantic Limited For Engineering Services Payments previously approved Sum recommended for payment, (b) MacLaren Atlantic Limited For Engineering Services Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated April 25, 1975 Progress Estimate Number 5, dated June 30, 1975 $ 15,754.54 15,754.54 Nil Nil $ 15,754.54 $ 658,850.00 449,075.00 67,361.25 327,853.50 $ 53,860.25 $ 45,761.42 $ 7,289.42 $ 53,050.84 $ 965.39 • • • • Councillor MacGowan called attention to the fact that the above report states that 240 new trees were planted in all city areas, and 212 shrubs were planted, and that this figure is low compared to other �r'i^eeH areas years, and stated she would hope that next year we would make provision to plant a great many more trees. She added that she will be bringing before Council a couple of letters she received on the importance of green areas and trees in our area. She noted that an extensive watering programme of trees and shrubs was Twee 9c���s carried out in the spring due to an unusually long, dry period, and she asked the Council also to consider proper watering facilities to expedite the watering programme (apparently, the watering at present is done by means of transporting a barrel around to the various sites to be watered, which she feels is not p/��j/py� ent 7 very swift and that it does not preserve our plantings); she felt that the City probably would save the cost of the equipment necessary in manpower. Noting that the report states that 18 flagpoles received new flags, she commented how nice it was to see so many flags up during "Loyalist Days" week, and stated she wished that we could retain these. With reference to the St. Clair Crosby 11 -Mile Road Race which was !! held during the months of April and May (organized by the Recreation and Parks Department), Councillor MacGowan stated she does not know whether Mr. St. Clair Crosby is still responsible for this Race in its �7 C�H entirety, but she feels he should be commended for having started this Race which she thinks is very well received, noting a number of entrants this time. She thinks that perhaps citizens who take an interest in ^. ee things like this should receive some sort of commendation. Councillor Green noted from the report that 28 trees were destroyed by vandals and 5 trees were destroyed by vehicles during the six -month period of the 1 report. He stated that sometimes he wonders if there should not be an education programme for whoever is destroying such property. On the subject of providing more kindergartens, Councillor Parfitt stated she she would like to see more church rooms being used in the morning during the week where there could be volunteers and mothers participating, who are concerned. The Deputy Mayor noted that Councillor MacGowan's comment was that, since there used to be a kindergarten in the Carleton Community Centre, the Recreation Khderrf�n and Parks Department might investigate the possibility of putting one back; he noted there are private projects with kindergartens through the Department of Education. On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that the letter from the City Manager, providing in- formation on the purchase of three ice resurfacing machines for use in the new arenas, as requested by / Ce— S /Uo7C/ Common Council at its meeting of July 14th, 1975, be received and filed: AND FURTHER that as recommended by the City Manager and by the Director of the Recreation and Taller a Parks Department, the bid of Wortman Enterprises Ltd. in the amount of $12,798.00 which includes 8% tax of $948.00, be accepted for supplying three only ice resurfacing machines for use in the new City -owned 0�j /Wrj arenas. �a�er/orises 1-6_/ On motion of Councillor Green Seconded by Councillor Hodges RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate for the following named project (,d /tw/ which is included in the Capital Budget: - P �u�9et 1. Community Arenas �/ieT%Jo:S A. D. I. Limited Engineering Services •G Payments previously approved $ 127,842.39 Sum recommended for payment, Progress Estimate Number 10, dated June 30, 1975 $ 5,888.43 On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the City Manager, approval be given for payment of the following construction progress certificates and approved �j G^ invoices for engineering services regarding projects that have been undertaken under the Department of „�. n .� f.. Regional Economic Expansion programme:- aroma iru0ik s ewer 10lver Ooai� frele�►ie�»r► rep, / ew- �9eel�ke 1. Western Collector Area Trunk Sewer 16 c.f.s. (a) Carpenter Place Lift Station The Power Commission of the City of Saint John Total value of contract Total work done to date Retention Payments previously approved Sum recommended for payment, Invoice dated July 7, 1975 (b) Carpenter Place Lift Station Fredericton Housing & Construction Co. Ltd. Total value of contract Total work done, Estimate Number 7 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 7, dated July 21, 1975 Spruce Lake Intake (a) MacLaren Atlantic Limited For Engineering Services Payments previously approved Sum recommended for payment, (b) MacLaren Atlantic Limited For Engineering Services Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated April 25, 1975 Progress Estimate Number 5, dated June 30, 1975 $ 15,754.54 15,754.54 Nil Nil $ 15,754.54 $ 658,850.00 449,075.00 67,361.25 327,853.50 $ 53,860.25 $ 45,761.42 $ 7,289.42 $ 53,050.84 $ 965.39 • • • • 631_ R 3. Phase III - Bayside Drive Reconstruction & Extension ,N49rS1We Goodyear Paving Limited • I-e&.4756tt Total value of contract $ 312,032.00 Sr- QXt!°O7S /O Total work done, Estimate Number 7 271,442.78 qo�eve.7/ Retention (15 %) 40,716.42 n7✓ih �� Payments previously approved 177,637.12 Sum recommended for payment, Progress Estimate Number 7 $ 48,989.24 4. Courtenay Bay Causeway Approaches cl m'7aSL°Q ly Goodyear Paving Limited e49 Eastern Approaches p i7 e.ep, Total value of contract $ 671,856.00 1 -n I A� Total work done, Estimate Number 13 742,971.37 Retention 111,445.70 Payments previously approved 602,847.47 Sum recommended for payment, Progress Estimate Number 13, dated July 23, 1975 $ 28,678.20 Noting that the total work done on the Courtenay Bay causeway eastern approaches by Goodyear Paving Limited has now exceeded the total value of the contract by $71,115.37, Councillor MacGowan stated that she was ' just picking out this particular contract as an example, because this happens quite often, and asked how this happens and is there no way that we can keep the costs within the contract a little bit better because somebody else's contract to have done the whole job may have been $742,971.37 (which is now the value of the total work done on this particular contract). Mr. Park explained that the reason for these variations is that the value of the contract of this nature is usually awarded on a unit price basis established on the quantities estimated; as the work actually proceeds the quantities vary from what have been estimated and the unit price is applied, and quite often this results in total value being over what had originally been estimated; it may be over on some headings, and under, on others. Councillor MacGowan asked if all aspects of the contract are taken into con- sideration, or just the final price, when the contract is awarded. Mr. Park replied that a study of all aspects of a tender is made by the consultants before the award is made and where they find substantial variations between one bidder and another on quantities they have to try to evaluate this in relation to the total value of the contract. On the question of control over this, Mr. Park stated it is not a matter of control so much as • the fact that the initial engineering can only be done on the basis of tests and measurements and estimates, and as the work actually proceeds there are bound to be variations from these. He pointed out that the bids are unit price bids rather than a sum bid. • Councillor A. Vincent asked who are the consultants on this particular project. He suggested that maybe the City staff should keep a running account on how accurate the consultants are, in the case of each consultant, and maybe the City should take a closer look of engaging our consultant firms who are out so far in n / their estimates for items of contracts. The Deputy Mayor asked that Mr. Park make a note of this suggestion. n ,% G; In reply to the query regarding the consultant, Mr. MacKinnon advised that the consultant regarding the eastern ee 01-4-S O C, approach of the causeway is A. J. Callaghan & Associates, and regarding the western approach, the consultant is A- o 7- z¢ A. D. I. Limited. gqw ez t#Ae.? / �o /iee •�/�s3G//l1p7�S CAWAi, 009. VM&W-e Councillor Kipping asked if there were any "extras" on this particular eastern approach contract. In reply, Mr. MacKinnon stated that there obviously will be; the contract has been over the deadline for some time and we have been dealing with penalty clauses in this matter, and he thinks that the contractor, Goodyear Paving Limited, will obviously come back to the City in order to offset the penalty clauses, and will be looking for "extras "; however, it is at that time that the consultant and the City will deal with it - we have already put them on notices to their penalties and we will be dealing with any request for "extras" at the time. Councillor A. Vincent stated that maybe Mr. MacKinnon could supply the Council with a list of change orders from the beginning of the job, which would tell Council how many "extras" there were. In further dis- cussion of Councillor MacGowan's query, Mr. MacKinnon explained that the contract is estimated on a certain quantity of fill and materials and if the City and its consultants were able to be definite about the quanitities, then, in turn, we could get a lump sum bid on the job, and the contractor, in turn, could bid that way; however, it is practically impossible to foresee any of the problems that you are going to encounter and, as a result, the bids come in as a unit basis and it is up to the consultant and the City department that is dealing with that consultant to assure that the quanitities are actual quantities that the contractor deals with; he is not saying this is not the best method - however, with cross - checking we have been able to find it the best method of operating. Councillor MacGowan stated that what she is trying to say is that more than ten per cent over the total value of the contract seems high to her. Mr. MacKinnon advised that the bids vary considerably; it is hard to tell from one job to another as to, even on the unit costs, what they are going to be. Councillor MacGowan stated that she is concerned about how we can control the question of "extras" on such contracts, but she does not know how we can control it at all. Mr. MacKinnon replied that the City controls it with adequate supervision and consultants - at least, control it as best we can - however, there is no guarantee that there is not going to be "extras" to the contract when you are dealing with unit costs. Councillor MacGowan suggested that perhaps the City should keep a record to see how the contracts compare in actual price with the projected price and then in awarding a contract another time we should take this into consideration, taking into con- sideration the question as to what is the sense of bidding, otherwise; if one contractor is going to put in a bid for $500,000.00 and somebody puts in a bid for $450,000.00 and gets the job and yet it is going to cost the contractor $600,000.00, the first named contractor has gone to a lot of trouble in bidding, for nothing. Mr. MacKinnon reminded Councillor MacGowan that the bid is still based on unit costs. Councillor MacGowan noted that the estimates are the important factor, in this regard. The Deputy Mayor advised that there is more than one factor involved, so certainly, the City staff concerned keep all things in mind when estimating the quantities for such contracts. On motion of Councillor Gould Seconded by Councillor Kipping RESOLVED that the 1974 annual report of the Police Department, be received filed. Discussion ensued regarding various subjects contained in the above noted report. Councillor A. ant felt that, to facilitate the flow of traffic through Haymarket Square, we should have a merging programme e for every second car to merge. He asked what happened to the slot machine which he had discussed pre - sly before Council. Police Chief Ferguson replied that these machines were destroyed. Councillor A. ant replied that these machines were raided from a Club of which he is a member, and these slot machines are 1 in the city. He felt that if the City is going to raid this one Club, because Councillor Green and he ng to it; then we should clean them out. He stated that he is against all forms of gambling that are not I. He stated that he made those comments to the Chief because he is sincere in them - not to get into a roversy with anybody. Councillor MacGowan brought to the attention of the Council members the reference in the above report the Intoxicated Persons Detention Act and stated that in 1973, we had Friendship Hall and there were 3,026 6e3 .) people taken in; in 1974, Friendship Hall was phased out as of May and we had 3,830 intoxicated people taken in; if anybody makes an enquity he will find that every night we have 10, 12 or 15 people coming in • _ and these are repeats; she wanted to bring this matter to the Council's attention because she will be 1n �oxi c°� bringing this to Council's attention again, that something must be done before winter comes for these habitual drunkards. Councillor A. Vincent asked if the above noted report of the Police Department, which he feels is a splendid report, will be put in the Year Book. The Deputy Mayor asked that Mr. Park take note of Year .B00% this request. On motion of Councillor Green Seconded by Councillor Cave ' RESOLVED that in accordance with the recommendation of the City 1sje v� Manager, approval be given for payment of the invoice of H. R. Doane and Company, dated July 14th, 1975, �O in the amount of $19,000.00, for the examining of books and records, preparation of financial statements, and conferences and correspondence on various business matters for the City. On motion of Councillor Green Seconded by Councillor Hodges ' RESOLVED that as recommended by the City Manager, payment be made �r��ridari of the invoices, dated May 29th, 1975, from Sheridan Nurseries, in the total amount of $2,168.10 for the /jrrcr planting of trees and shrubs which was budgeted for under the Horticultural Programme, Programme 7184,5221. scri es %rees� S�/'w6 On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the letter from the Commissioner of Finance with regard to the proposed bond issue and submitting a list of capital expenditures to be approved as bond issue, be received and filed and authority granted for payment of the various items by bond issue, the said items being as follows, namely:- • FOR GENERAL PURPOSES: Public Works - Road Construction and Street Paving - Cedar Point Trailer Park $1,586:00; Sandy Point Road $65,734.00; Kiwanis Centre $6,613.00; Bridge Street $17,442.00; Fifth Street $17,323.00; Grandview Avenue $7,680.00; Norris Road $7,341.00; Morrison Road $5,558.00; Golden Grove Road $53,997.00; Westmorland Road $64,754.00; Loch Lomond Road $31,473.00; Lakeview Drive $18,385.00; Charles Street $8,064.00; Summit Avenue $11,779.00; Hickey Road $34,774.00; Lorneville Road $17,206.00; Raynes Beach Road $3,303.00; South Bay Road $56,505.00; Greenhead Road $3,881.00; Saint James Street West $63,773.00; Church Avenue $7,829.00 -- $505,000.00 Land Acquired for Roads - Dock Street $28,000.00; Sandy Point Road $20,000.00 , -- $48,000.00 Garage - Heating and Ventilating -- $47,000.00 Recreation and Parks - Development of Community and School facilities for joint use $74,958.00; Swimming Pool $190,309.00; Rockwood Park, including golf course $159,111.00; Beaches, Docking facilities and Watershed parks $65,469.00; Community Arenas $2,755,153.00; Land required for recreation purposes $155,000.00 -- $3,400,000.00 Total General Purposes - $4,000,000.00 FOR SELF - SUPPORTING UTILITIES: • Power Commission: Substations and extensions to the distribution system -- $1,000,000.00 Total Self - Supporting Utilities - $1,000,000.00 A total for all purposes - $5,000,000.00 On motion of Councillor Cave LYO*1.4y. Seconded by Councillor Gould RESOLVED that the Commissioner of Finance be authorized to arrange '1 Aii/90 for printing of the bonds for the current debenture issue. 06AW— Sso- e ' On motion of Councillor Green Seconded by Councillor Pye RESOLVED that authority be granted for the City of Saint John to /j S^-T—/O sponsor the Mayor, Common Council members and senior City staff who attend Saint John Port Days 1975, .L.�a'y5 /Y71.5- which will be held at Keddy's Motor Inn on October 6th and 7th next, and for the City to sponsor members of Seamen's Services Committee the Port and ships officers at Day closing dinner. S'eairrehs ' On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the correspondence submitted to the City Manager by nn the Building Inspector, advising that the plans submitted to the Fire Department for inspection regarding ba SOIh�7h the proposed installation by Altitude Enterprises Ltd. of a pump island and four 3,000 - gallon underground 9LfJGC /79� storage tanks at Saler's Variety Store at Spruce Lake, meets all requirements if the plans are followed as presented, and submitting the application in this regard as well as pertinent information covering same, be received and filed, and as recommended by the City Manager, the Building Inspector and the 1.5,eS Acting Commissioner of Community Planning and Development, who advise that this location on Ocean West- /�� ay, Saint John West, has been inspected and found satisfactory, approval be granted for installation of • �i the said proposed four 3,000 - gallon underground storage gasoline tanks and pump at the said location. On motion of Councillor Green Seconded by Councillor Gould RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law F_ 630, Respecting the Stopping Up and Closing of Highways in The City of Saint John Made Under the Authority of Section ,j G �^E�rili 187 of the Municipalities Act, R.S.N.B., 1973" with respect to the closing of the following highway: - c /a�ldi� SUTTON STREET - Commencing at its intersection with Lancaster Street and extending its entire width, being 50 feet, in an easterly direction a distance of approximately 100 feet on the northerly side and 110 feet on the cc southerly side, until it meets the portion of the street formerly closed and abandoned in 1971 - be read a third o/ time and enacted and the Corporate Common Seal affixed thereto. On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that the letter from Mr. Harold Ellis, Administrative Assistant TJ� /G°ca�7d` to the City Manager, addressed to Deputy Mayor Higgins, Chairman of the Taxi Committee of Common Council, supplying information regarding excise tax refunding with respect to gasoline consumption by taxicabs, this information having been requested at a meeting of Council held on July 21st last, be received and filed. �� �$G�•%7 On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John ", be read a third time and enacted and the Corporate Common Seal affixed thereto. • /�� _��� The by -law entitled, "A By -Law to Amend a By -Law Respecting the Regulating and Licensing of Owners and (��33PrBS Operators of Taxicabs in The City of Saint John ", was read in its entirety prior to the adoption of the above resolution. 1I0Cp''Pc�S� Councillor A. Vincent asked if there is any provision in the Taxi By -Law that says that taxis have to be in service. He stated that his reason for asking is that he understands that last night there was quite a problem at the "Princess of Acadia" terminal when no taxis were available there for passengers disembarking from that ferry, and that some of these people had to wait for an hour and a half for taxis. He felt that if we are licensing taxis there should be some regulation in this regard because they are offering a service. He noted that the taxicab operators' protest regarding this particular hold -up of taxi service was that the closing cermonies of "Loyalist Days" (torch -light parade, et cetera) closed off Main Street and other streets for traffic movements, so they took the taxis off. Councillor A. Vincent felt that if we do not have this kind of protection in the Taxi By -Law, to ensure taxi service to the public, we should take a look at including such provision in the by -law. He asked if it is part of the licensing procedure that the taxicabs have to offer this service. He noted that between the City and the Province approximately $200,000.00 is being spent in this p /"46&S'S" vicinity to promote tourism and it is not good for the tourist trade if the Digby ferry is not serviced by taxicabs. He felt that the Taxi Inspector should be asked to investigate just what took place last night in this particular problem, at the Digby boat and why it took place, and try to take steps to see that at least two or three taxis are there. The Deputy Mayor advised that Mr. Park has taken a note of this subject, and that he will consult with Mr. Park in this matter. epdy//j , eA7 QQ. Read report of the Committee of the Whole ( as follows) vv �� To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports • Your Committee begs leave to report that it sat on Tuesday, May 25th, 1975, when there were present Mayor Flewwelling, and Councillors Cave, Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Parfitt and Pye, and your Committee begs to submit the following report and recommendation, namely: - ory.�i 1. That the letter from the City Manager regarding the Agreement dated August 25th, 1970 between the City of Saint John and Atlantic Paper Stock Ltd., advising that due to a change in market conditions and a lack of ,A demand for waste corrugated cartons at this time, Mr. Leonard J. Kaplansky, President of Atlantic Paper Stock j� Ltd., has requested an amendment to the 1970 agreement, and submitting a draft agreement, containing the negot- dated amendments, which has been prepared by the City Solicitor as to legality and form, be received and filed C�v� =o�js and authority be granted for the Mayor and Common Clerk to execute the said agreement on behalf of the City of Saint John. ✓�ac•% °'nom" Respectfully submitted, Saint John, N. B., (sgd.) E. A. Flew-welling, July 28th, 1975• C h a i r m a n. On motion of Councillor Kipping ' Seconded by Councillor Hodges RESOLVED that the above report be received and filed and the recommendation contained therein adopted. Councillor MacGowan enquired where the above report has been, since May 25th, and if the time limit regarding the agreement is to be calculated by months or is it from the date of May 25th, or is it from July 28th. She noted that if the time limit date is from July 28th we are talking-about fourteen months, if it is a year in the agreement. The Common Clerk advised that the agreement would be effective from May 25th, 1975• In reply to the first question, the Common Clerk advised that that this Committee of the Whole report was partially lost and partially held up. The Deputy Mayor advised that there was some legality involved, and it was being checked out at the request of Council, for the two months in question. Councillor Green asked if there is • protection in the Agreement for the City that if the market conditions revert back to what they were, the City would be protected by that. In reply, the Deputy Mayor advised that the building will be turned over to the City at the date, whether the building is in operation or not and that is the protection the City wanted; if, in the few months remaining, the market conditions change, that will open but the City will still obtain the building; when the building is not in operation Atlantic Paper Stock Ltd., and not the City of Saint John, is The Council members recalled that at the meeting of Common Council, held on July 14th last, Mr. Zides informed the Council that Mr. and Mrs. Harry W. Adams would not object to the above named street closing and sale of that particular property for the proposed one - family dwelling on it, he having met with them and having been so advised by them. L The by -law entitled, "A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways ", in 2'G /Zip The City of Saint John Made Under the Authority of Section 187 of the Municipalities Act, R.S.N.B. 1973 was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Cave Seconded by Councillor Hodges RESOLVED that the letter from Mr. Harold Ellis, Administrative Assistant TJ� /G°ca�7d` to the City Manager, addressed to Deputy Mayor Higgins, Chairman of the Taxi Committee of Common Council, supplying information regarding excise tax refunding with respect to gasoline consumption by taxicabs, this information having been requested at a meeting of Council held on July 21st last, be received and filed. �� �$G�•%7 On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in The City of Saint John ", be read a third time and enacted and the Corporate Common Seal affixed thereto. • /�� _��� The by -law entitled, "A By -Law to Amend a By -Law Respecting the Regulating and Licensing of Owners and (��33PrBS Operators of Taxicabs in The City of Saint John ", was read in its entirety prior to the adoption of the above resolution. 1I0Cp''Pc�S� Councillor A. Vincent asked if there is any provision in the Taxi By -Law that says that taxis have to be in service. He stated that his reason for asking is that he understands that last night there was quite a problem at the "Princess of Acadia" terminal when no taxis were available there for passengers disembarking from that ferry, and that some of these people had to wait for an hour and a half for taxis. He felt that if we are licensing taxis there should be some regulation in this regard because they are offering a service. He noted that the taxicab operators' protest regarding this particular hold -up of taxi service was that the closing cermonies of "Loyalist Days" (torch -light parade, et cetera) closed off Main Street and other streets for traffic movements, so they took the taxis off. Councillor A. Vincent felt that if we do not have this kind of protection in the Taxi By -Law, to ensure taxi service to the public, we should take a look at including such provision in the by -law. He asked if it is part of the licensing procedure that the taxicabs have to offer this service. He noted that between the City and the Province approximately $200,000.00 is being spent in this p /"46&S'S" vicinity to promote tourism and it is not good for the tourist trade if the Digby ferry is not serviced by taxicabs. He felt that the Taxi Inspector should be asked to investigate just what took place last night in this particular problem, at the Digby boat and why it took place, and try to take steps to see that at least two or three taxis are there. The Deputy Mayor advised that Mr. Park has taken a note of this subject, and that he will consult with Mr. Park in this matter. epdy//j , eA7 QQ. Read report of the Committee of the Whole ( as follows) vv �� To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports • Your Committee begs leave to report that it sat on Tuesday, May 25th, 1975, when there were present Mayor Flewwelling, and Councillors Cave, Davis, Gould, Higgins, Hodges, Kipping, MacGowan, Parfitt and Pye, and your Committee begs to submit the following report and recommendation, namely: - ory.�i 1. That the letter from the City Manager regarding the Agreement dated August 25th, 1970 between the City of Saint John and Atlantic Paper Stock Ltd., advising that due to a change in market conditions and a lack of ,A demand for waste corrugated cartons at this time, Mr. Leonard J. Kaplansky, President of Atlantic Paper Stock j� Ltd., has requested an amendment to the 1970 agreement, and submitting a draft agreement, containing the negot- dated amendments, which has been prepared by the City Solicitor as to legality and form, be received and filed C�v� =o�js and authority be granted for the Mayor and Common Clerk to execute the said agreement on behalf of the City of Saint John. ✓�ac•% °'nom" Respectfully submitted, Saint John, N. B., (sgd.) E. A. Flew-welling, July 28th, 1975• C h a i r m a n. On motion of Councillor Kipping ' Seconded by Councillor Hodges RESOLVED that the above report be received and filed and the recommendation contained therein adopted. Councillor MacGowan enquired where the above report has been, since May 25th, and if the time limit regarding the agreement is to be calculated by months or is it from the date of May 25th, or is it from July 28th. She noted that if the time limit date is from July 28th we are talking-about fourteen months, if it is a year in the agreement. The Common Clerk advised that the agreement would be effective from May 25th, 1975• In reply to the first question, the Common Clerk advised that that this Committee of the Whole report was partially lost and partially held up. The Deputy Mayor advised that there was some legality involved, and it was being checked out at the request of Council, for the two months in question. Councillor Green asked if there is • protection in the Agreement for the City that if the market conditions revert back to what they were, the City would be protected by that. In reply, the Deputy Mayor advised that the building will be turned over to the City at the date, whether the building is in operation or not and that is the protection the City wanted; if, in the few months remaining, the market conditions change, that will open but the City will still obtain the building; when the building is not in operation Atlantic Paper Stock Ltd., and not the City of Saint John, is 634 eO � covering the mortgage; if the building does open, the mortgage will start from that point on, but the building is still turned over to the City free and clear of all costs. He thinks it would be October or November of this year, in this regard. • Question being taken, the motion was carried with Councillor MacGowan voting "nay ". With regard to the leasehold interest of Mr. Walter Huggard in 2 -4 Dock Street, Councillor Davis advised that the Land Committee, when it considered the matter of surrender by Mr. Huggard of his lease, before, assumed that he would agree to the surrender of his lease and all other matters for the sum of $3,000.00 and the Committee assumed that that was his only claim, but it has since heard that there will be other claims; the Land Committee would like it to be known that when it came forward with its recom- mendation to Council on May 12th, 1975 in this matter, the Committee assumed that this would completely settle the matter (that is, payment by the City of $3,000.00 in compensation for the surrender of Mr. , Huggard's lease, plus a sum of $300.00 for legal costs for negotiating, assessment, analysis and pre- paration of the surrender of the lease documents). On motion of Councillor Gould ��/a /ter fib sapdftellwop oe ,�Qa;►$ e �e %sue 0,nY-;? ✓�',7 Trey�ia7t Cv. �7i �• A,P f',�c�si eke .l�r• Xoeav 6:;V& jo �age�ent .fir. S�ec+/ie� 1"�• C /ark StPvawer /ire /649we- "Gf Co. $ Wdvrye C% / j.. 6h 1%r /d/e /a"d On motion of Councillor Gould Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Land 'Committee, the City pay Mr. Walter Huggard, the lessee of 2 -4 Dock Street, the sum of $3,000.00 for any claim that he may have arising from his lease of 2 -4 Dock Street, plus a sum of $300.00 for legal costs for negotiating, assessment, analysis and preparation of the surrender of the lease documents, and that Mr. Huggard give to the City of Saint John a general Surrender of Lease in return for the compensation offered and a full release for all claims. On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that the letter from the Land Committee, advising that the Canadian National Railway Company is in the process of transferring to the City for the purpose of widening Bayside Drive, title to a 25 -foot strip of land on the southwest side of Bayside Drive and that located on the lot that the Saint John Tugboat Company Limited leases from the said Railway Company is a shed approximately 30 by 25 feet which is located within the 25 -foot strip of land the Railway Company will be deeding to the City, and recommending that the City purchase the said noted building for the amount of $2,500.00, and that the site should be cleared as soon as an Agreement between the City and Saint John Tugboat Company Limited is completed, be received and filed and the recommendation adopted. On motion of Councillor Davis Seconded by Councillor MacGowan RESOLVED that in accordance with the recommendation of the Land Committee, the Rocca Group Ltd. be paid the negotiated price of $3,400.00 for the water easement (through land formerly owned by Charles R. Nelson) involving an area of 37,341 square feet of land as shown on the submitted plan, which easement was acquired for the Spruce Lake Pipe Line and expropriated by the City on October 9th, 1971• On motion of Councillor Davis Seconded by Councillor Green RESOLVED that as recommended by the Land Committee, Dr. Stephen D. Clark be paid the negotiated price of $1,000.00 for the water easement through his property on the Old • Pipe Line Road, involving an area of 12,868 square feet, as shown on the submitted plan, that was ex- propriated by the City on May 25th, 1971 for the Spruce Lake Pipe Line. On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that as per the recommendation of the Land Committee, Fernhill Cemetery Company be paid the negotiated amount of $22,750.00 for the sewer easement, involving an area of 27,422 square feet, across the company's property, for the Marsh Creek Sewer Line, as shown on.the submitted plan. Councillor Davis explained that the above amount represents payment of roughly 90¢ per square (foot, but there was quite a disruption connected with this property and a considerable amount of gravel was involved and the whole side of the hill came down and had to be restored, as a result of the said sewer line construction; this site is visible from Rothesay Avenue; the easement destroys a lot of cem- etery property which is high in price. Councillor Davis supplied this information in response to Councillor Gould, who queried the price being paid per square foot for this land because he felt it was quite a sum in comparison to other easements that the City has settled. Councillor Green noted that a lot of the gravel from the said property was used for fill for the Marsh Creek Sewerage Scheme there. On motion of Councillor Davis Seconded by Councillor A. Vincent op RESOLVED that in accordance with the recommendation of the Land Committee, Mr. Jarvis Hubbard be paid $7,500.00 for the purchase of approximately one acre of land on Simpson Drive that is required for the Marsh Creek development, plus an additional $3,500.00 to compensate 'for interest over the past four and one -half years since May of 1970 when this land was purchased from Mr. Hubbard: AND FURTHER that the letter from the Land Committee, explaining that due to the delay in survey and transfer of title, Mr. Hubbard has yet to receive payment for the above named land, even though the City has had the use of this property, be received and filed. r Seconded by Councillor Hodges RESOLVED that the following resolution which was adopted by Common dL ��� /� � IWAAI? OVN Council on May 12th, 1975, be rescinded, namely, Committee, the City pay Mr. Walter Huggard, the pensation for the surrender of his lease, plus a "That in accordance with lessee of 2 -4 Dock Street, sum of $300.00 for legal the recommendation of the Land the sum of $3,000.00 in com- ' costs for negotiating, asses- sment, analysis and preparation of the surrender of the lease documents ". ��/a /ter fib sapdftellwop oe ,�Qa;►$ e �e %sue 0,nY-;? ✓�',7 Trey�ia7t Cv. �7i �• A,P f',�c�si eke .l�r• Xoeav 6:;V& jo �age�ent .fir. S�ec+/ie� 1"�• C /ark StPvawer /ire /649we- "Gf Co. $ Wdvrye C% / j.. 6h 1%r /d/e /a"d On motion of Councillor Gould Seconded by Councillor Green RESOLVED that in accordance with the recommendation of the Land 'Committee, the City pay Mr. Walter Huggard, the lessee of 2 -4 Dock Street, the sum of $3,000.00 for any claim that he may have arising from his lease of 2 -4 Dock Street, plus a sum of $300.00 for legal costs for negotiating, assessment, analysis and preparation of the surrender of the lease documents, and that Mr. Huggard give to the City of Saint John a general Surrender of Lease in return for the compensation offered and a full release for all claims. On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that the letter from the Land Committee, advising that the Canadian National Railway Company is in the process of transferring to the City for the purpose of widening Bayside Drive, title to a 25 -foot strip of land on the southwest side of Bayside Drive and that located on the lot that the Saint John Tugboat Company Limited leases from the said Railway Company is a shed approximately 30 by 25 feet which is located within the 25 -foot strip of land the Railway Company will be deeding to the City, and recommending that the City purchase the said noted building for the amount of $2,500.00, and that the site should be cleared as soon as an Agreement between the City and Saint John Tugboat Company Limited is completed, be received and filed and the recommendation adopted. On motion of Councillor Davis Seconded by Councillor MacGowan RESOLVED that in accordance with the recommendation of the Land Committee, the Rocca Group Ltd. be paid the negotiated price of $3,400.00 for the water easement (through land formerly owned by Charles R. Nelson) involving an area of 37,341 square feet of land as shown on the submitted plan, which easement was acquired for the Spruce Lake Pipe Line and expropriated by the City on October 9th, 1971• On motion of Councillor Davis Seconded by Councillor Green RESOLVED that as recommended by the Land Committee, Dr. Stephen D. Clark be paid the negotiated price of $1,000.00 for the water easement through his property on the Old • Pipe Line Road, involving an area of 12,868 square feet, as shown on the submitted plan, that was ex- propriated by the City on May 25th, 1971 for the Spruce Lake Pipe Line. On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that as per the recommendation of the Land Committee, Fernhill Cemetery Company be paid the negotiated amount of $22,750.00 for the sewer easement, involving an area of 27,422 square feet, across the company's property, for the Marsh Creek Sewer Line, as shown on.the submitted plan. Councillor Davis explained that the above amount represents payment of roughly 90¢ per square (foot, but there was quite a disruption connected with this property and a considerable amount of gravel was involved and the whole side of the hill came down and had to be restored, as a result of the said sewer line construction; this site is visible from Rothesay Avenue; the easement destroys a lot of cem- etery property which is high in price. Councillor Davis supplied this information in response to Councillor Gould, who queried the price being paid per square foot for this land because he felt it was quite a sum in comparison to other easements that the City has settled. Councillor Green noted that a lot of the gravel from the said property was used for fill for the Marsh Creek Sewerage Scheme there. On motion of Councillor Davis Seconded by Councillor A. Vincent op RESOLVED that in accordance with the recommendation of the Land Committee, Mr. Jarvis Hubbard be paid $7,500.00 for the purchase of approximately one acre of land on Simpson Drive that is required for the Marsh Creek development, plus an additional $3,500.00 to compensate 'for interest over the past four and one -half years since May of 1970 when this land was purchased from Mr. Hubbard: AND FURTHER that the letter from the Land Committee, explaining that due to the delay in survey and transfer of title, Mr. Hubbard has yet to receive payment for the above named land, even though the City has had the use of this property, be received and filed. r r s 635 ,0�hw On motion of Councillor Davis /*.W� is Seconded by Councillor A. Vincent /0/0 R AZAIII RESOLVED that as recommended by the Land Committee, a parcel of land Vol ph SL, comprising 56.4 square feet, on the south side of Union Street, as shown on the submitted plan, be sold to the New Brunswick Telephone Company, Limited for the appraised value of $1,600.00. Councillor Davis explained that the abovementioned land is a small, wedge- shaped piece, at the head of Chipman Hill (Prince William Street), and that it was actually a small error in the surveying and when the building of the company was built there it went over on the City property and the company needs that small piece of land; the price is based on $30.00 a foot. Deputy Mayor Higgins withdrew from the meeting and Councillor Green assumed the Chair. On motion of Councillor Davis Seconded by Councillor Pye RESOLVED that as recommended by the Land Committee, whose letter advises that Mr. Douglas McManus, the owner of 27 Wildwood Street, has requested the Land Committee to make available to (�C6/�' him land at the rear of this property which is presently zoned as park area so that he may cure a drainage A% y ®( QJj4es problem, and that the Committee has dealt extensively with this matter and considered the drainage problem to be a bad situation which requires rectification and that the Committee has contacted the Recreation and Parks ' qd- Department and the Planning Department and has their opinion that part of this park land can be disposed of for �� �� this purpose without affecting the overall amenity to the area -- such part as is necessary of the triangle of land, as shown on the submitted plan, be leased to Mr. 'McManus for the sum of $1.00 on condition that he pro- vides to the Works and Engineering Department of the City a plan showing in detail the works he intends to carry out and that the works be acceptable to the said Department and to the abutting land owners, and when they have been installed to the satisfaction of the Works and Engineering Department of the City and the abutting land owners, title to the said land shall be transferred to Mr. McManus. (i/ OOcc v/G• Councillor Davis explained that the above matter is a neighbourhood problem and is quite serious; that • Mr. McManus built his'house on quite a hilly piece of land and when he levelled the land in the back he ran into a couple of very strong streams and the water is flowing from them at a terrific rate, from artesian wells, and it probably will not subside; that Mr. McManus engaged A. D. I. Limited, the consultants, who recommended a plan of action regarding this situation, which Mr. McManus proposes to do; that the City's involvement in this matter is that there is so much silt pouring off Mr. McManus' lot that it is continually plugging the City's sewer - further, the triangular area in back is a public area and small children could pretty well get stuck in the mud created by this situation, so action has to be taken. Councillor Davis added that, on the other hand, if too much excavation takes place the three abutting owners (Lots 6 and 7 on Harberry and Lot 7 on Wildwood Street) are in danger of damage to their properties, which is why the Land Committee is making the recommendation that no transfer of land will be made to Mr. McManus and no permission to do engineering and other works be permitted until the plan is approved by the Works and Engineering Department and the completion has to be satisfactory to all those concerned - that is the only way the Land Committee could envisage this problem being overcome. Councillor Parfitt noted that the said park land was deeded to the City and she asked if the Committee's recom- mendation would guarantee against anything being built on the triangular- shaped piece of City -owned park land under discussion. In reply, Councillor Davis advised that the Land Committee checked all these things with the ' Recreation and Parks Department, and this piece of land is really not being used as park land - the other land can be used - the access along the side of this piece of park land is going to be retained, but the land itself is very hilly and has never been of much use as a park land. Councillor Cave noted that the proposal involving Mr. McManus is a dangerous precedent because of the fact that it could involve two or three residents of the area, and stated that as long as Mr. McManus follows the directions of the engineers he would be satisfied, and he would hope that they would make sure that such work would take care of any further trouble. Councillor Kipping asked what the work is, generally, that Mr. McManus intends to carry out. Councillor Davis replied that the plan as proposed by A. D. I. Limited, generally, has two wells to accumulate the water - this will cost about $10,000.00; Mr. McManus will have to retain, or slope, the banks, and if he follows the said consultants' plan closely, there will be no problem; this accumulation of water will be directed into the storm sewers; the water that is running there now is surface water regarding this problem and it is taking the silt with it - the other way, it will be running through rock drains and the silt will be pretty well filtered out. On motion of Councillor Davis • Seconded by Councillor Pye RESOLVED that in accordance with the recommendation of the Land Committee, patrj�- /&71f whose letter advises that five lots on Kiwanis Court had been appraised and offered for sale to previous applicants of which two replies were received for the purchase of these lots, Lot 3 on Kiwanis Court be sold to Mr. Elmer Martin who applied for same, for the appraised value of $8,500.00, with the provision that construction of a residential dwelling be commenced on this lot within eighteen months of the approval of Council Orders and that if construction is not started within this time limit, the land automatically reverts back to the City. Councillor MacGowan advised of the concern of the Saint John Housing Commission which had hoped to get SaJ �J� %� ten families here, on the above mentioned lots, and apparently the City is going to get two families (through �! the sale of Lot 3 and Lot 2 as recommended by the Land Committee) - hopefully, we will have a total of five AOCPAA -15144 families on these five lots. Councillor Davis recalled that these lots were open for bids and the prospective developer would not pay the asking price for this land - the prospective developer was Caldo Ltd. Councillor Kipping asked if these lots were offered for sale to all the previous applicants on record, and Councillor Davis c. dG replied that every one of the previous applicants was called. Noting that this was a matter of contention previously, Councillor Kipping felt that as long as all previous applicants on record were aware of the offer and actually had an offer made to them, then the City can feel that it has done it correctly, but if they were not all made offers to, then the City could be letting itself in for some future trouble by selling these lots at this time. Councillor A. Vincent recalled that the Saint John Housing Commission called for proposals for these /J lots and was told by the Planning Department that the best use of these lots would be for duplexes, following Jx till? the Commission came to Council asking for permission to have this land re- zoned, and that request was % ,� taken off the Council agenda - there was talk of "double- barrelled" deals made, and he had a serious talk with 'vde�e the Chief of Police and the Mayor concerning some of the allegations that were made. He stated that, as a 4v /x3r �„e, member of the Land Committee, to the best of his knowledge, these lands were never advertised for sale by the / City, and he thinks they should be publicly advertised and it is alright with him if the minimum asking price be $8,500.00 or whatever price the highest bidder would offer above that figure. Councillor Davis recalled that the • �,�� /�� Land Committee got in touch with the previous applicants for purchase - Mr. Kerr, Caldo Ltd., Mr. Shannon - �4 these lots were advertised for sale by the City as a letter went out to each one. He stated he thinks that Councillor A. Vincent is correct, but that it is really questionable if an advertisement for a certain lot or lust one set of lots, is worthwhile - he thinks it is time that the City reviewed the situation and that public lands be advertised the way they once were, by means of a list of them on a large advertisement; however, he .AW ehre thinks that the point made by Councillor A. Vincent is excellent and it is the right thing to do. He added that 636' Question being taken, the motion was carried with Councillors Gould and MacGowan voting "nay ". in this particular case, the Land Committee got in touch with everyone who has even shown any interest in these five lots, and the Committee telephoned these people, in this regard. Councillor A. Vincent stated that his point is that the City should publicly advertise and sell the lots to the highest bidders. Councillor Kipping stated that in previous discussion, the Council had agreed that we would contact all those who had made application for these properties and he feels it was the unanimous agreement of the Council members that this would be the fairest way to do it rather than publicly advertise this land, /7 ! because these other people had felt that they had an interest in it, having made application when they YL were available; he thinks that in this particular case, therefore, public advertising was not the thing to do, and we contacted all the previous applicants, so he is told by the Chairman of the Land Committee; the /and 4e�y Council agreed several meetings back that this would be done, so that if that has been done, it then seems to him that the direction of Council has been followed in the matter. Councillor A. Vincent stated that when the Housing Commission wanted to build a duplex bungalow as an experiment, to prove that we could se/& build a cheap brick house, we did so, on the corner there and the Bricklayers' organization loaned the City money in this regard at a very low interest rate, the City did not own any land - then, all of a sudden, these lots came to light. He stated he is convinced that every taxpayer should have the same right to bid on these lots through public advertisement and that the City should say the price is 18,500.00, up" and be sold to the highest bidder. In reply to Councillor Parfitt's query, Councillor Davis stated that each lot is basically 75 -foot frontage (they are wedge- shaped) by 125 feet and would contain about 9,300 square feet. Councillor Parfitt felt that each lot could therefore contain more than a single - family dwelling, to which Councillor Davis replied that they are zoned for single - family dwellings. Councillor MacGowan noted that the Land Committee's letter makes the provision that construction of a residential dwelling be commenced within eighteen months but does not say anything about when it should be finished, and stated she would not like to see just a foundation put in and left like that. She asked if this point should not have a little more detail. Mr. Clark replied that if Council wants the words "substantially completed" in the provision that is the term that is generally used in such cases - the period of time during which this might be accomplished would be something to be determined; he did not know whether an eighteen -month period would be suitable for that, or not. Councillor MacGowan suggested that the wording be "be commenced within eighteen months and be substantially completed within twenty -four months ". On behalf of the Land Committee, Councillor Green replied that the Committee gave quite thorough consideration to this matter and the Committee feels that the best saw -off regarding construction proviso it could come up with is that which the Committee is recommending regarding these two lots. Councillor Gould suggested that the Committee could have chosen a three -month period, rather than an eighteen -month period, as the requirement in which to commence construction of the residential dwelling in this matter, in order that construction would commence earlier. Councillor Green pointed out that sometimes the purchaser, after paying the amount of the price of the lot, has problems of financing the construction of the dwelling, and so on. Councillor Gould stated he feels that the eighteen -month period, after the purchase of the land, is too long a period in this regard. Question being taken, the motion was carried with Councillors Gould and MacGowan voting "nay ". On motion of Councillor Davis J e/j"WH/ S Seconded by Councillor Cave RESOLVED that in accordance with the recommendation of the Land 140Lf'S Committee, Lot 2 on Kiwanis Court be sold to Mr. Donald Shannon who applied for same, for the appraised value of $8,500.00, with the provision that construction of a residential dwelling be commenced on this .�D/Jb7�d lot within eighteen months of the approval of Council Orders and that if construction is not started S%j�/j,►7O/'1 within this time limit, the land automatically reverts back to the City. Question being taken, the motion was carried with Councillors Gould and MacGowan voting "nay ". Deputy Mayor Higgins resumed the Chair at this time. On motion of Councillor Gould A %*0n_,f91111,S- Seconded by Councillor Kipping COm/"- RESOLVED that as recommended by the Planning Advisory Committee, iyZ m��Lc /. 11eW the sum of $448.00 be accepted in lieu of land for public purposes in the Lawrence Hanley Sub - division, / �✓ L /,C Summit Drive (Mr. Hanley owns Lot 34 at the northwest corner of Summit Drive and Woods Avenue and wishes / to divide it into two equal size lots, one of which would contain his existing dwelling; the Real Estate pl#r4e 1ahZ/� Department advises that the market value of the new vacant lot is $5,600.00 and at the Subdivision By -Law 1aw)re/9C a We ?*t rate of 8% of market value to be paid to the City in lieu of land for public purposes, the above named sum -w %r is required). On motion of Councillor Cave w710 Seconded by Councillor Gould �OMM� RESOLVED that the letter from the Traffic and Safety Committee recommending that the Traffic By -Law be amended to include the following street in Schedule B "No Parking Anytime": - B Street Limits Side ✓ Reserve Street Rothesay Ave. to Thorne Ave. East Side -- /% f��rlr /1?� as this Reserve Street is being used as a convenient access route between Rothesay Avenue and Thorne G Avenue, particularly during traffic rotary hours and cars, parked on both sides of Reserve Street, are B.�rVe sTi. interfering with traffic flow and the Committee feels that parking should be restricted on the east ,•�q Orh e side -- be received and filed and the recommendation adopted and the Legal Department be asked to prepare T� the necessary amendment to the said By -Law: AND FURTHER that the by -law entitled, "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 ", be read a First time.. L, • n 0 r • Councillor A. Vincent asked if we could advertise these other lots in the newspaper, now. In reply, Councillor Davis stated he is not sure if it is the Land Committee's job to do that - the Council has to straighten out who is handling all the City properties - the Land Committee only handles them as they come to the Committee. He stated that the Land Committee can certainly take over all the City lands - investigate them and list them and prepare advertisements for them. In reply to Councillor A. Vincent, who suggested a motion at this time that the Land Committee bring in a list of City lands to be /7 ! properly advertised, and who felt that the way the City advertises and the amount of it that the City does YL costs more money than it should and that the City should be on a preferred advertising rate and that everything should be advertised in one, attractive City advertisement, Councillor Green asked if Coun- /and 4e�y cillor A. Vincent would like to take such matter to the Land Committee and bring up such recommendation there. Councillor Davis stated he feels that the Land Committee can do this, without obtaining permission from Council. Councillor A. Vincent stated that he will take the matter up with the Land Committee, in se/& uch case. Councillor Cave noted that the Council would have a recommendation from the Land Committee regarding the above discussed matters. Deputy Mayor Higgins resumed the Chair at this time. On motion of Councillor Gould A %*0n_,f91111,S- Seconded by Councillor Kipping COm/"- RESOLVED that as recommended by the Planning Advisory Committee, iyZ m��Lc /. 11eW the sum of $448.00 be accepted in lieu of land for public purposes in the Lawrence Hanley Sub - division, / �✓ L /,C Summit Drive (Mr. Hanley owns Lot 34 at the northwest corner of Summit Drive and Woods Avenue and wishes / to divide it into two equal size lots, one of which would contain his existing dwelling; the Real Estate pl#r4e 1ahZ/� Department advises that the market value of the new vacant lot is $5,600.00 and at the Subdivision By -Law 1aw)re/9C a We ?*t rate of 8% of market value to be paid to the City in lieu of land for public purposes, the above named sum -w %r is required). On motion of Councillor Cave w710 Seconded by Councillor Gould �OMM� RESOLVED that the letter from the Traffic and Safety Committee recommending that the Traffic By -Law be amended to include the following street in Schedule B "No Parking Anytime": - B Street Limits Side ✓ Reserve Street Rothesay Ave. to Thorne Ave. East Side -- /% f��rlr /1?� as this Reserve Street is being used as a convenient access route between Rothesay Avenue and Thorne G Avenue, particularly during traffic rotary hours and cars, parked on both sides of Reserve Street, are B.�rVe sTi. interfering with traffic flow and the Committee feels that parking should be restricted on the east ,•�q Orh e side -- be received and filed and the recommendation adopted and the Legal Department be asked to prepare T� the necessary amendment to the said By -Law: AND FURTHER that the by -law entitled, "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 ", be read a First time.. L, • n 0 r • I 637 yy On motion of Councillor Kipping • S ✓.�S Seconded by Councillor A. Vincent RESOLVED that the letter from the Saint John Housing Commission submitting a report for adoption by Common Council, which report is the result of the Commission's study of the recommendations of the Housing Task Force Committee Report, 1971 - be laid on the table for one week for study. �S�%ofree inO�• Councillor MacGowan asked that the Council at this time add to the agenda an item from the Saint John /�� Housing Commission, that is urgent in nature. On motion of Councillor A. Vincent Seconded by Councillor MacGowan S. j1 tr�• RESOLVED that the letter from the Saint John Housing Commission per - ClOomovV. taining to submissions on the proposed Residential Tenancies Act be added to the agenda of this meeting. %0Ia7/iB %tm S Copies of the above named letter from the Saint John Housing Commission were distributed at this time. �C Councillor MacGowan recalled that the Housing Commission introduced an item at the June 23rd last meeting of Common Council, asking that the City staff study the proposed Residential Tenancies Act now before the Law Amendments Committee of the New Brunswick Legislative Assembly with a view of making representations of those ' sections of the Act which might be of advantage or disadvantage to the rental accommodation problem in the city, and that the Council acceded to that request. She noted that there was supposed to be a report back in this matter from City staff and it is not known at this time whether that report is ready or not. She stated that there is some urgency, and that if that report is not already prepared the Housing Commission is asking for authority to prepare a submission on the said proposed Act at a cost not exceeding $400.00; if the staff report is already prepared, the Housing Commission would not need to prepare a submission, but if such report is not prepared, the Commission has to act on it immediately. It was noted that with the City Manager not present at this meeting, it is very difficult to ascertain how far along the requested City staff report is towards re- adiness. On motion of Councillor MacGowan • Seconded by Councillor Kipping RESOLVED that in view of the urgency of having submissions on the 112^v Ame roposed Residential Tenancies Act, the Saint John Housing Commission be given authority to prepare a submission ._..ds. for presentation to the Law Amendments Committee of the New Brunswick Legislative Assembly, at a cost not PPOOLL exceeding $400.00, and that the letter from the said Commission in this matter be received and filed. Read a first time the by -law entitled, "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 ". • Tq�/ On motion of Councillor Cave O y� Seconded by Councillor Gould "A RESOLVED that the by -law entitled, By -Law Respecting Traffic on Streets �el�pV� in The City of Saint John Made Under the Authority of the Motor Vehicle Act 1973 and Amendments Thereto ", be read a second time. '109//e, Read a second time the by -law entitled, "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 Gould y�1n ���7ppY7�1� Rte/ Seconded by Councillor Green Oi�L� RESOLVED that the 1974 annual report of the Board of Trustees of the Civic AkAV$101i Employees' Pension Plan, which was laid on the table on July 14th last, be taken from the table at this time. Councillor A. Vincent stated he feels that the Common Council is represented quite ably by the people who are on the above named Board of Trustees, but is very poorly represented on the Board by numbers. He ' pointed out that the Board membership is made up of representatives from the four civic Unions, and from the civic professional non -union people (as well as two Board members from the Common Council), and the Commissioner of Finance, The Deputy Mayor expressed the view that any changes forthcoming in the Pension Act should come to Council as a matter of a recommendation from any Councillor. Councillor Davis stated that the point made by Councillor A. Vincent is absolutely right, and pointed out that very shortly we are going to be going over this complete Act and that will be one of the items that will be discussed; there are many items with reference to pension matters that are going to require the Council's attention. Councillor A. Vincent stated that this would include, particularly, our portfolio of investments. Ate¢ On motion of Councillor Gould • � 9N4ft— Seconded by Councillor Hodges �eO ®�°7� RESOLVED that the 1974 annual report of the Board of Trustees of the / Civic Employees' Pension Plan, be received and filed. /�- %S %bJ7 On motion of Councillor Green Seconded by Councillor Gould RESOLVED that the letter from the Board of Trustees of the Civic Employees' Pension Plan, advising that the following civic employees will reach compulsory retirement age in 1975, namely: - ��� Frank W. Bacon of the Recreation Department, Edward G. Wood of the Fire Department, and Russell A. Armstrong of the Water Department -- be received and filed. �pQ�pb^ On motion of Councillor Green D '3//��6455�°��r!• /7ho:7I76�' Seconded by Councillor Hodges RESOLVED that the letter from the Saint John Parking Commission in reply to the Council's letter resulting from Council resolution of April 21st last which asked the Commission to bring S`G� in a report to Council, justifying the recent increase in rental fees for parking in City -owned parking lots, ro�r�a C°osrp" advising that the Commission has endeavoured to keep the rates in line with outside interests, that due to administrative costs and increasing costs of snow removal the Commission agreed to raise the rates in May, that IT.�pkf'Nq the Commission does not feel that its rates should be less than those being charged by others renting parking �®tS� ` /�� spaces and with the increase in its rates it is not charging more than outside firms, and further advising that 1 W with regard to the parking lot that was opened on Smythe Street -North Market Wharf the Commission has been lneo` advertising that parking spaces are available on an hourly or daily basis and in spite of the apparent need for /0?CC^967.SW_r parking this lot is only uaveraging 25 spaces rented per day -- be received and filed. yy On motion of Councillor Kipping • S ✓.�S Seconded by Councillor A. Vincent RESOLVED that the letter from the Saint John Housing Commission submitting a report for adoption by Common Council, which report is the result of the Commission's study of the recommendations of the Housing Task Force Committee Report, 1971 - be laid on the table for one week for study. �S�%ofree inO�• Councillor MacGowan asked that the Council at this time add to the agenda an item from the Saint John /�� Housing Commission, that is urgent in nature. On motion of Councillor A. Vincent Seconded by Councillor MacGowan S. j1 tr�• RESOLVED that the letter from the Saint John Housing Commission per - ClOomovV. taining to submissions on the proposed Residential Tenancies Act be added to the agenda of this meeting. %0Ia7/iB %tm S Copies of the above named letter from the Saint John Housing Commission were distributed at this time. �C Councillor MacGowan recalled that the Housing Commission introduced an item at the June 23rd last meeting of Common Council, asking that the City staff study the proposed Residential Tenancies Act now before the Law Amendments Committee of the New Brunswick Legislative Assembly with a view of making representations of those ' sections of the Act which might be of advantage or disadvantage to the rental accommodation problem in the city, and that the Council acceded to that request. She noted that there was supposed to be a report back in this matter from City staff and it is not known at this time whether that report is ready or not. She stated that there is some urgency, and that if that report is not already prepared the Housing Commission is asking for authority to prepare a submission on the said proposed Act at a cost not exceeding $400.00; if the staff report is already prepared, the Housing Commission would not need to prepare a submission, but if such report is not prepared, the Commission has to act on it immediately. It was noted that with the City Manager not present at this meeting, it is very difficult to ascertain how far along the requested City staff report is towards re- adiness. On motion of Councillor MacGowan • Seconded by Councillor Kipping RESOLVED that in view of the urgency of having submissions on the 112^v Ame roposed Residential Tenancies Act, the Saint John Housing Commission be given authority to prepare a submission ._..ds. for presentation to the Law Amendments Committee of the New Brunswick Legislative Assembly, at a cost not PPOOLL exceeding $400.00, and that the letter from the said Commission in this matter be received and filed. 63S tic �'or Se�iior i; �G'oro�. Fig $irer7 s oyi ogpmi k/Phces 600a, A ///aarvl /moo /ice Ac f Councillor Pye proposed a motion that, in view of the paltry income of the old age pensioner and the unrelenting forces of inflation which steadily decrease the purchasing power of his meagre funds, as a small token of assistance, the present ambulance rate of $15.00 be reduced to the sum of $7.50 for all • those who have attained their sixty -fifth birthday. Councillor Green seconded this motion. During ensuing discussion, Mr. Park suggested that the Council needs more information before making such a decision because it would have some bearing on the operating deficit which goes into the budget each year, and, presumably, the Council would need to have some idea of the effect on that before it would want to come to a decision on this proposal. At this time, Councillor Pye, with the consent of Councillor Green, withdrew the proposed motion. On motion of Councillor Pye Seconded by Councillor Green , RESOLVED that the matter of the proposed reduction of the present ambulance rate of $15.00 to the sum of $7.50 for all those who have attained their sixty -fifth birthday be referred to the City staff and, in particular, to the Commissioner of Finance, for a recommendation. Councillor Cave recalled that the Council is waiting for a report regarding the ambulance services rates because there are many people in our area who are not serviced by the ambulance, and stated he would like to have this report at the time the above noted matter is considered. He added that he is not opposed to this particular proposal, but he feels it should go further than that. The Deputy Mayor advised that Mr. Park is making a note of Councillor Cave's request. Councillor Davis asked if something can be done to reduce the sirening of the ambulance. Councillor A. Vincent, who had placed on the agenda of this meeting an item with regard to the proposed Provincial Government Police Act, advised that he cannot get the information he was seeking in so placing it on the agenda because, from speaking with Chief of Police Ferguson, he understands that a meeting is to be held on July 29th next of the six Chiefs of Police of New Brunswick municipalities. Noting that he personally is very much opposed to the Police Act as presently formulated, Counallor A. Vincent stated he is wondering if the City is going to prepare a Brief and appear before the Law Amend- ments Committee of the New Brunswick Legislature - and if so, when the Council members are going to be permitted to make some in -put into it. The Deputy Mayor pointed out that there is an item in the private session.of this meeting, for Councillor A. Vincent's information. Councillor A. Vincent replied that when he placed this item on the agenda he did not know that the City Manager was going to put such item in Committee of the Whole. He added that there has to be more than what is in that Committee of the Whole item to satisfy what in -put he himself would like to see in this matter. He asked if the item will be on the agenda next week. Chief Ferguson advised that following tomorrow's meeting of the said six Chiefs of Police, at which the proposed Act will be studied in detail, he will submit a report to Council. On motion of Councillor MacGowan Seconded by Councillor Kipping Caw-le RESOLVED that the letter from the Acting Commissioner of Community / Planning and Development, with reference to the letter dated July 15th, 1975 from Mr. George T. Clark, /7 Q. C. to the Common Clerk (enclosing the Deed from the Estate of A. Carle Smith to the City of Saint John, G'eorye T, C /.0 , executed by Mr. Clark, and advising that this document should be executed by the City of Saint John if Q. L° approved and recorded so that the meets and bounds in the description will show the actual lands involved, and further advising that as the City has now accepted this Wildlife Sanctuary for public purposes the �� /i /J /��e money which he paid, namely, $640.00, in lieu of lands for public purposes should be returned and that W +W / there are also two lots proposed to be sub - divided for which this payment of monies in lieu of lands for $e%/'l6Ce7ry public purposes should be forgiven), stating that he agrees with the said letter and that now that the deed for the said Wildlife Sanctuary has been delivered to the City, it needs to be approved at the � in9 r0M p,, Planning Department and then recorded in the Registry Office, and when this is done, the City should u properly reimburse the said Estate the $640.00 mentioned above, and there should also be no monies re- CoM/Wseni I4/ quired in lieu of land for public ur oses for two lots now p p proposed to be sub - divided by the Estate -- be �ahh•�.Deve/ received and filed. On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the letter from Mr. George T. Clark, Q. C. sub - {'eoryeT. Cn/�rk. mitting the executed Deed from the Estate of A. Carle Smith to the City of Saint John regarding the gift of.Wildlife Sanctuary land, be received and filed and the Deed accepted with thanks and authority be //�� /� granted for its execution by the Mayor and Common Clerk on behalf of the City and for recording of the � , r/, aw."Ae Deed in the Registry Office: Sra i 44 v/W /` AND FURTHER that authority be granted to reimburse Mr. Clark the sum of $640.00 paid by him in A. lieu of lands for public purposes for a recent sub - division of the Estate's lands in this regard, and _%w7c 4 e4y that payment of monies in lieu of lands for public purposes be forgiven regarding two lots proposed to be Reyq sub - divided by the said Estate. diCPLG� //C eoc On motion of Councillor MacGowan Rose /ahoe i h Seconded by Councillor Cave 54a- W/V. RESOLVED that the letter from Mr. Ralph Ti p ppett, Chief of the Grand 6�ht Bay - Martinon -Morna Volunteer Fire Department, advising that this volunteer organization requires financial assistance from the City of Saint John to assist in operating expenses and in building a contemplated new a`y.$,� 'Avy— fire station, be referred to the Fire Chief for a recommendation. W.V-el fio n - On motion of Councillor Cave Leer Seconded by Councillor Hodges RESOLVED that the letter from Mrs. Ruth Koven, President of the Rockwood Park Area Preservation Association, noting that at a public meeting in Hampton regarding the Trdeirwnow widening of the Mackay Highway, the Chief Planning Engineer with the Department of Highways, Mr. Robert Ahea7 ;nrPSe/�v ' Lynch, said that that Highway is one the busiest in the Province, with no fewer than 8,400 vehicles per day counted one day in 1973 and that when the average daily volume reaches 8,000 the said Department ASS OC, recommends the changing of the artery from two lanes to four -- and asking how many of these 8,400 trips �a �a (more or less) does the Common Council expect will travel the Haymarket By -Pass, if built, when the 5S Mackay Highway is connected to the throughway and thus to the four lanes of the Haymarket By -Pass; and further noting that the Commissioner of Engineering and Works of the City states that Marsh Bridge �a��ycrossings are 50,000 cars per day -- and asking, of these trips, how many does the Common Council expect `'', ��� ill travel the Haymarket By -Pass, if built -- and commenting that the Association has been seeking this %f partial information since December, 1974 -- be referred to the City staff with the request that they make ,,-4P „0h&4 j reply to this letter, and that the Association's letter be received and filed. is • • I • • • Adm s iw1f I -q Maz% Ahe v 4e lro�`7 w. llm�,ce 77 NIRPre-11-h lvakl lm �1d"Pepiop PJIaasz� ?PVdAdts 141�w• I?e x Re XoJ0!?iJ�r Aew_16 o lilye 19ssoe. 4?s A7.10W Cr�i7�7�� 639 Councillor Kipping noted that the Council members should have a copy of the reply that will be made by staff to the above named Association's enquiry. The Deputy Mayor stated he presumes that Council will be provided with copies of such reply. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the letter from Mr. R. F. Streb, Vice - President of Streb & Little Holdings Ltd., Saint John Beverages Ltd., asking the Council's approval to the following procedure should it be necessary in the future to extend the companies' proposed warehouse over the existing water line, pre - OSently located across the property between the throughway and Fairville Boulevard:- (1) notify the Water Department of the companies' intention to construct adequate "bridging" of the footings to protect the water line - such "bridging" subject to the approval of the Department - and the type of building being constructed above the water line; (2) in the unlikely event that the water line under the building should ever develop a leak or trouble - that on the instructions of the Water Department, a new line would be installed inside the perimeter of the land property and joining up with the existing line - the old line, under the building, would be aban- doned; (3) any and all costs of the new water line - of the same size and capacity as the old line - would be borne by Streb & Little Holdings Ltd. or its successors and assigns -- and submitting a copy of a letter for- warded to the City Manager in this matter -- be received and filed and the requested approval given, and that the Common Council be furnished with copies of the reply given by the Commissioner of Engineering and Works to Mr. Streb's letter of July 7th last addressed to the City Manager. In the above regard, preceding the above motion, Mr. Park had advised that he understands that the Commissioner of Engineering and Works has already replied to the above named request, and that approval has already been given. Consideration was given to the letter from Mr. Horace J. Martin, President of Superior Precast Concrete Products Ltd. in reply to a letter received from the Building Inspector regarding a permit for a mobile home located on the company'•s property on the Golden Groven Road, stating that the company asks for a building permit for the said trailer as the company has to supply accommodation for some of its workers from out of town, as other firms have had to do, the labour situation being as it is in Saint John at the present time, and that in the event the Council cannot grant this request, the company asks that a temporary permit on a year to year basis be granted until the company can afford to construct a permanent structure to meet its requirements. Councillor A. Vincent asked if this property is in the flood area, and was advised that it is. On motion of Councillor A. Vincent Seconded by Councillor Pye RESOLVED that approval not be given for the permission requested by Superior Concrete Products Ltd, to locate a mobile home on the company's Golden Grove Road plant property. During ensuing discussion, in reply to Councillor Cave's question as to how long the mobile home has been on the property and if it was placed without permission of the City, the Building Inspector stated that he does not know the exact date that it was installed there, but it was for the purpose of keeping the watchman or maintenance man of the company for this plant; permission was only given at the time for a year and that per- mission was never renewed on a yearly basis, and the letter from the Building Inspector's department notified the company that unless further approval was given the mobile home would have to be removed; Mr. Martin's letter to Council is the result of such notice. Noting that there is a lot of vandalism in that particular area, and that there are very few houses in this isolated location, Councillor Cave stated he wonders what will happen if we make a move regarding this mobile home for the nightwatchman, and if it would perhaps put the company out of business. He stated he therefore feels that the Council should grant the request. Noting that the Council has not referrred the request to the Planning Advisory Committee for a recommendation, Councillor MacGowan pointed out that the Council is talking about one mobile home, but that Mr. Martin is asking for permission for more than one in this request. Mr. Zides, when asked for his comments, stated that the temporary permission was given on the basis that there would be an addition to the building and that Mr. Martin would then put the living quarters in the building - part of that condition was that the property be cleaned up; he recalled that, at the time, there was a legal opinion from the City to withhold any additional approvals out there until the clean -up took place - Mr. Martin has not done that. Mr. Zides added that there has been some confusion and some mis- understanding, but that is what the City is after (that is, that the conditions referred to be followed out); he believes that the confusion stems from Mr. Martin's thinking that his plan was an acceptable plan - it was an acceptable plan, to Mr. Martin, but it was not an acceptable plan, to the City. Question being taken, the motion was carried with Councillors Cave, Gould and Green voting "nay" On motion of Councillor MacGowan Seconded by Councillor Hodges RESOLVED that the letter from Service Associates Limited, submitting an lication for the re- zoning of the property located on the northwest corner of Metcalfe and Adelaide Streets "B -2" General Business classification, be referred to the Planning Advisory Committee for a recommendation, that authority be given to proceed to advertise the said proposed re- zoning. On motion of Councillor Gould Seconded by Councillor Cave RESOLVED that the letter from The Rocca Group Limited, submitting an lication for the re- zoning of land in the Nelson Vale Sub - division off the Manawagonish Road for the devel- ent of housing and minor commercial facilities for serving immediate local needs, be referred to the Planning isory Committee for a recommendation, and that authority be granted to proceed to advertise the said proposed zoning. I On motion of Councillor Kipping Seconded by Councillor Gould RESOLVED that the letter from the Maritime Retail Gasoline Association ith regard to the matter of self -serve gasoline bars, expressing the view that this area is under the Council's urisdiction and it is the matter of allowing such gasoline bars to enter and eventually dominate the entire etail gasoline industry, and further expressing the view that such bars do nothing but put the lessee dealers ut of business and put the City voters and taxpayers out of work, and that this is a detriment to the local conomy -- be received and filed. On motion of Councillor Gould Seconded by Councillor Green RESOLVED that the application from Petrofina Canada Ltd. for a change in from "RS -2" to "B -2" at the northwest corner of the Loch Lomond Road and McAllister Drive as the company 640 Fie- gorli07 9 �W/w Ai nQ 0.7,7a4? 0( %'• P/900., Ifdvis. ,9 /pia �Civ�st I!AG/7�5� ,o�tehcies 101-7h/7. 09wvis. L'omsV?. wishes to build a full line car wash service station at this site as quickly as possible as it is losing its service station at Haymarket Square due to construction of the Gilbert Street ramp, off the through- way, at Haymarket Square, be referred to the Planning Advisory Committee for a recommendation, and that • authority be given to proceed to advertise the said proposed re- zoning. Councillor MacGowan noted that the letter which accompanied the above application from the said company, states that Petrofina Canad Ltd. is in the process of selling its Queen Square location, it being no longer a viable operation. She asked if there is any information available as to what the said corner of Queen Square is going to be used for. Councillor Hodges replied that they use that site for rentals of trucks. On motion The meeting adjourned. on Cl ' At a Common Council, held at the City Hall, in the City of Saint John, on Tuesday, the fifth day of August, A. D. 1975, at 7.00 o'clock p.m. present T. J. Higgins, Esquire, Deputy Mayor, presiding in the absence of Mayor Flewwelling Councillors Cave, Davis, Gould, Green, Hodges, Kipping, MacGowan, Parfitt, Pye, A. Vincent and M. Vincent, - and - Messrs. N. Barfoot, City Manager, R. Park, Commissioner of Finance, F. A. Rodgers, City Solicitor, J. C. MacKinnon, Commissioner of Engineering and Works, S. Armstrong, Chief Engineer of Operations, M. Zides, Acting Commissioner of Community Planning and Development, A. Ellis, Building Inspector, H. Ellis, Assistant to the City Manager, C. Nicolle, Director of the Recreation and Parks Department, E. Ferguson, Chief of Police, D. French, Director of Personnel and Training, and J. Gabriel, Deputy Commissioner of Administration and Supply of the Engineering and Works Department The meeting opened with silent prayer. • The Common Clerk stated that advertising was completed regarding the proposed re- zoning for • Alpha Investments & Agencies Limited, of an area of land lying west of lots fronting on Glenview Avenue containing approximately 20 acres, to "R -2" One- and Two- Family Residential district classification, and that a report regarding this re- zoning has been received from the Planning Advisory Committee, and that a presentation is to be made by Mr. A. B. Gilbert, Q. C. on behalf of residents of the Glen Falls area in opposition to this proposed re- zoning. The letter from the Planning Advisory Committee, dated July 29th, 1975 advises, as follows: - since May 12th, 1975 when the Common Council voted against the re- zoning of these lands and against the supporting recommendation of the Committee, Alpha Investments re- applied for the same re- zoning and the Council referred this application to the Committee for a recommendation and a report; the Committee heard representations from.the solicitor for Alpha Investments and several members of the Glen Falls Flood Committee, and the Advisory Committee shares the concerns of the Glen Falls residents - their problems of periodic flooding and property damage are all too obvious even to those not directly affected - the area of the proposed sub - division, while not itself subject to flooding, is in the Marsh Creek watershed immediately above the flood prone area - however, there might be a misunderstanding as to what role zoning has in the proposed development; zoning in itself will not result in houses being built - the area is already zoned to permit one- and two - family homes but on lots of a suburban character in size - the re- zoning, if permitted, would allow urban sized lots, with a minimum width of 60 feet and a minimum area of 6,000 square feet for either one- or two - family homes - the design of the sub - division and its servicing, including "flood- proofing ", is tied to the lot sizes, and so are the economics of the proposed housing development; under either the existing or proposed zoning, it would still be necessary to lay out the streets and lots by a sub - division which sub - division would have to meet the City's requirements for grades, water supply, sanitary services and storm sewers, et cetera (including flood prevention measures) - the standards for the flood associated element should be established in consultation with the New Brunswick Department of Environment and if it is not possible to meet these requirements because of physical or cost limitations, the project will die - if it is still feasible, then Council would still need to authorize the relevant sub - division agreement and afterwards to assent to the actual sub - division plan itself (in respect to streets and lands for public purposes) - it is only after all that is done that the sub - division plan could be approved - the Advisory Committee has gone on record that it will not reduce lot sizes below the minimum set out in the Zoning By -Law, so, the Development Officer would have to wait for Council decisions on the sub - division agreement and the assent to the plan before approving the sub- division - building would follow the approval of the sub - division plan. The letter lists the following steps that are involved if development-is to be permitted at the location in question:- (1) the zoning; (2) the design of the sub - division; (3) the design of the services and utilities for the sub - division including flood- associated controls agreed to by the City and the Province; (4) tentative approval by the 641. +� d Planning and Works Departments of steps (2) and (3), respectively; (5) Council authorization of a sub - division �7 e_X49P1J agreement on recommendation of the City Manager; (6) Advisory Committee approvals and /or recommendations-to • n/ L _ Council on streets, street names and lands for public purposes; (7) Council's assent to the plan; (8) completion /7 Pik of the survey and sub- division plan; (9) approval of the sub - division plan; (10) building permits. The letter states that, with this in mind, the Planning Advisory Committee recommends that the area so indicated on the submitted print be re -zoned from "RS -2 ", One- and Two- Family Suburban Residential district, to "R -2 ", One- and /7 /f Two- Family Residential district, on the understanding that (1) this will allow Alpha Investments to plan and design on paper a sub - division for the construction of one- and two- family dwellings on at least standard size lots; (2) the area of development is to be limited to that above or easterly of the line shown as the "limit of development" on the submitted print, with the area below that line to be vested in the City as a permanent open - space or for use as a "holding basin" for storm run -off; (3) with particular reference to the flooding problems at Glen Falls, the sub - division meet the requirements of the City and the Province. Mrs. Elsie Wayne spoke at this time on behalf of residents of the Glen Falls area with regard to the ' ,4(/$ %Cm said proposed re- zoning,.reading from a prepared statement, and making the following points:- nothing has changed Ne since the Council on May 5th last denied the Alpha Investments re- zoning application on this land - the request and the land are the same, and the Glen Falls residents' homes and their problem is the same; the Common Council on May 5th denied the re- zoning until corrective measures could be implemented in the Marsh Creek area - no d� corrective measures have been implemented in the Marsh Creek.area to date; the Association appeared two weeks ago before the Planning Advisory Committee.and requested refusal of the rezoning request and presented new facts it had compiled since its last presentation to the Common Council -- this land was owned by Rocca Construction, a GZ previous developer, who had appeared before .the Planning Advisory Committee requesting rezoning to build 40 to 50 single- dwelling homes (not 53 two- family dwelling homes) and at that time, that developer's request was denied many times by the Advisory Committee and after a great deal of negotiation, discussions and amendments to its Creek submission the said .developer finally got permission to go ahead to build, but did not do so on this parcel of land because it took another look at the land -- when she asked that developer's architect why they did not develop that parcel, he told her that a developer has to be responsible for what he puts on the land - not just while he develops it but later on - and that when they looked at this 'land it had great drainage and other problems so they decided they should sell the land and not develop it. Mrs. Wayne's presentation states that on July 22nd last, Mr. Ralph Stephen, solicitor.for Alpha Investments, informed the Planning Advisory Committee that Alpha had not hired any.engineers, architects or consultants and that these architects had they hired them could • come before Council with a sub - division plan at this Council meeting; that, in fact, Alpha Investments has done nothing - all it wants is the re- zoning and then'it will come before the Council with some plan; that when the Association appeared in April last before the .Planning Advisory Committee Mr. Gordon Myles appeared representing the Alpha group and stated his engineers said they would add only one per cent more run -off water on the people in Glen Falls -- and the Council questioned, and the Association questioned, "one per cent of what run -off.' water ? "; that the Association was told that holding tanks or storage tanks for run -off water should be installed by all developers who develop in the area lying above where these residents are, whether the developments be large or small. Mr. Wayne posed the following questions: how can Alpha tell ,whether even a storage tank - if they are required to install it - can be.put ,upon this land if they have not even hired an engineer to look at it to date? since when did the Common Council of this city grant re- zonings when the plans and designs of the land have not been presented to it? She felt that if these.were done at this meeting, it would establish a precedent in that no longer will the Council be able to request any developer to present his design before Council, prior to re- zoning. She made the point that in heavy rain storms the water run -off storage system in Glen Falls is the Marsh Creek, only, and.asked if the Marsh Creek can hold the extra load, and made the point that it could not in ' December of 1974, and that it cannot, now, and asked who at this meeting will guarantee these residents that the Marsh Creek will not overflow and that the sewers will not back up, covering their lands and filling the basements, once again. Noting that the Association, since its appearance before Council on January 20th last, has heard many groups of citizens come before Council, with regard to re- zoning applications and these re- zonings denied because the citizens did not like the shape of the homes, the size of the dwellings, there was not enough parking space - she questioned that the Council could determine whether there is enough parking space, a place for children to play, or anything else, for Council has not seen the plans. Mrs. Wayne advised that on May 23rd last she received a letter from Mr. Brian Barnes, Deputy Minister of Environment in which he states, that the City of Saint John is responsible for the clean -up and maintenance of the Marsh Creek, and he noted that this information was given to the Council last week by the City Manager and that the Council did not dispute it. Mrs. Wayne advised that if the Council allows further development and if, in fact, the Marsh Creek,'as the Association states, cannot hold the extra load and they have flood water over their land and over their homes again, then the residents of the Glen Falls area will collectively and rightfully so, sue the City for the City is now responsible for keeping it clean and the City has been informed by the Province that it is responsible to • keep it clean. She stated that two months ago the Council refused the re- zoning request and that at this meeting of Council the Association has given the Council further facts to back up this decision, and the Association once again asks that the Council deny this request for re- zoning at this time, until through the combined efforts of the City, the residents of the Glen Falls area and the developers, we have brought about the desired force . required to get our Provincial Government to give the.City the funds it needs to do the job. The Deputy Mayor informed Mrs. Wayne that often, the Council re -zones land before plans are submitted, and that the key actually is the approval of the design and the .issuing of the building permit - the re- zoning of the land is not in any way a blanket approval to go ahead with construction. He stated that he is sure that she has investigated from all legal points of view the threat at the end of her statements. In reply, Mrs. Wayne stated that the said residents have done so. Mrs. Wayne advised that at the hearing before the Planning Advisory Committee, Mr. Ralph Stephen made the statement that he was only after re- zoning and not after a building permit and he did not know why the Glen Falls residents were there against the proposed re- zoning, and that she asked Mr. Zides if that was not the,place they should appear to oppose the re- zoning because they could not go before the Building Inspector to .oppose the building permit, and Mr. Zides agreed that they should be there, and here, this evening. The Deputy Mayor at this time informed Mrs. Wayne of the steps, set out in the July 29th letter from the Planning Advisory Committee, that are involved if development is to be permitted even though the re- zoning goes through. Mrs. Wayne replied that these residents understand those steps; and they were informed by Mr. Zides at the Planning Advisory Committee that when they came before the Council on May 5th and gave their ' approval, yet the Council denied it, the Committee's approval was with the stipulations set down at that time for Alpha Investments and yet at that time the Counci.l.`saw. fit to deny the re- zoning, and this time Mr. Zides in the letter now before Council from the Committee has spelled out those stipulations, which is the.only difference. (Councillor A. Vincent entered the meeting during the preceding discussion) Mr. Adrian B. Gilbert, Q. C., Barrister, of this city, representing the Glen Falls group who have been represented at this meeting by Mrs. Wayne, stated that he wished to confine his remarks to the five points set forth in his letter of July 31st, 1975 to the Mayor and Common Council, these being:- (1) the application of Alpha Investments and Agencies Limited is the same as was rejected by the Common Council a few months ago; (2) the said Alpha Investments and Agencies Limited has no legal standing to make this application; (3) the record of • sewerage and surface water overflow proves the inadequacy of the existing sewage disposal system - when 106 additional families and a school must receive services, the conditions will be intolerable; (4) Community Planning is for the protection of existing home owners who rely upon this Council for such protection - until the existing drainage and sewage system is greatly enlarged, no such application should be heard as the property owners have suffered very severe losses from the flooding of December 9th to 11th, 1974, due to the inadequacy of the drainage and sewers; (5) no further houses should be erected on this area until adequate remedial steps are taken. He 64 2' Re-- zoning Aq 21 W Za vesl�- ir,e�saG AyJerfclE area Aloe We %I C�ee� stated that this application, made in exactly the same words according to Mr. Zides' report to the Council which he has read, is the same thing which was rejected by the Council some two months ago; he questions very much on legal grounds whether they have any right to come back to Council until that Council resolution • has been rescinded - that resolution has not been rescinded yet. He stated that, in addition to that, he would ask "Who is the Alpha Investments ?" and stated he has checked with the Department of the Provincial Secretary and received a letter in reply from one.of the personnel in that Department who made a search through the Department's records, stating that the said search found.that.Alpha Investments and Agencies Limited is a company incorporated by Letters Patent March 7th, 1972,with head office in Saint John, N. B., and that this company has not filed annual returns of corporation forms or paid filing fees since incorporation; and, therefore, is not in good standing with the Province of New Brunswick. Mr. Gilbert maintained that the said company is not in good standing before this Council. He pointed out that if that company was in court, any proceedings by it would be dismissed. He felt that the corporate return is very significant, and asked why has not the company's lawyer submitted this corporate return. He stated that his point is that this company has no right to make a re- zoning application, at all. Mr. Gilbert stated that his next ' point is: the record of sewerage and surface water overflow proves the inadequacy of the existing sewage disposal system, and when 106 additional housing units are added to it as proposed that additional amount of pollution will be added at every overflow every heavy, rainfall. He added that this situation has existed, to his knowledge, for the last thirty years. He cited instances of situations in many houses off Rothesay Avenue that he knows of, that have experienced, and are experiencing,'foundation and basement damages due to flooding conditions. He stated that when he viewed the situation in Glen Falls in this regard he took with him a former City engineer, Mr. W. R. Godfrey, who knows this area better than anybody sitting here, and that Mr. Godfrey expressed his views in a letter to Mr. Gilbert, stating that ground elevation in parts of the built -up area of the Marsh Creek are below high tide in the Saint John harbour ' and if storm run-offs in the Marsh Creek watershed coincide with high tides in the Saint John harbour - flooding occurs, and further stating that further building and replacement of the existing trees and vegetation by buildings, streets and paved areas will increase the rate of storm run -off and intensify the flooding, which should not be encouraged. He pointed out that Mr. Godfrey is the best -known hydraulic engineer in these parts. Referring to the other points made in his letter, Mr. Gilbert stated that he would like to pass on to the City Solicitor the following extract taken out of one of the best authorities on municipal corporation, namely, McQuillan:- the duty to keep sewers in proper condition (- Mr. Gilbert pointed out that this is on the very question the Council is dealing with at this meeting) while as stated a grant of power to a municipal corporation to construct sewers and drains does.not require it to do so the municipality is bound to use ordinary care or exercise due diligence (which Mr. Gilbert stated he is asking the Council to do) to keep such sewers and drains as it constructs in.proper condition and repair and free from obstruction, and will be held liable for damages to property resulting from its failure to do so; the knowledge of the municipal corporation or a duty to have knowledge of the obstructive condition of sewer or drain is necessary to render it liable (- Mr. Gilbert stated that the past history, of which he'has mentioned, shows you that); a municipal corporation has power to widen and clear obstruction - -- and so on. Mr. Gilbert stated that on that point, he would like the City Solicitor and solicitors for Alpha Investments to keep this in mind - that if this occurs again and these homes are damaged now that you know of the'risk - -- this is the decision of the Supreme Court of Canada, he pointed out, some years ago, in which they dealt with similar questions, and at least the rainfall there was only 1.5 inches per hour, whereas from the report of Proctor & Redfern Ltd he sees that it was something like 3.54 inches. last December,•so the City officials know what the rainfall was and what they can expect in the future. He stated that this is a very serious matter for the City, the City's Legal Department and the City's Engineering Department to examine very carefully. He stated that as a citizen of this city he does not want the City.to be in litigation over this matter, but it is something that the City should consider seriously, and it will, if it would examine the correspondence between the Common Clerk and the Frederiton authorities_ after this flooding, because it shows where the Fredericton authorities think the liability is. He, stated that, as a citizen and in a friendly fashion and with no thought of threat, he begs that the City examine this with the utmost care and caution - not one more house should be permitted in that Glen Falls area. He suggested that if the Council members as a group go and examine some of those houses they would see why, very clearly. He stated that whoever is going to apply for such an application as this should know what'the law is and what the liability is. He stated he does not see a suggestion anywhere that Alpha Investments is going to be putting up a bond for the protection of these people, to save the City from liability as a result of their further pollution of the area which is bound to happen. He stated he would like to, urge the Council very strongly, for these reasons and those given by Mrs. Wayne, not to allow one houses - to refuse this sub - division which the Council very wisely did two months ago - that is, not to allow any more building in that area. He stated that he will provide this decision of the Supreme Court of Canada, to which he has referred at this meeting, to the City Solicitor to in- dicate to him:the.risk that the City runs. He stated that he has had experience in Town Planning work over.the.years, having been solicitor for the former Planning Commission for many years, and that he was rather shocked that the Planning Advisory Committee would recommend this re- zoning to Council again after it has been turned down before; he would strongly oppose this as a citizen of Saint John, if he were asked for an opinion; he feels as solicitor for the said residents that they are bound to urge this Council to use the utmost caution in building any more houses.in that area unless it has a separate settling pond for all possible pollution from domestic and industrial sewage - he sees no place out there for it - and to have an 18 -inch sewer taking care of the flood water that is the run -off from the surface and domestic sewage is to anyone rather doubtful common sense. Noting that Mr. Gilbert went back thirty years and referred to a'flood that took place at that time, Councillor Davis asked how can this Council or the fourteen previous Councils be responsible for a flood in December (1974) when it has been flooding over all these years.. Mr. Gilbert replied that the reason for it is that you now know that you will have such rainfall in this area and not the average which most cities plan for - an inch and a half. Noting that we now know a lot more than we did before, Councillor Davis pointed out that we know how to correct it and that it is going to cost, say, five million dollars to correct it - we knew that we could not tolerate open sewers in that part of the city any longer - these open sewers would be emitting an odour when there was no rainfall or when there was a light or heavy rainfall and we fixed that - we put in 24 -inch sewers and we went to great lengths to remove the sewage - now, we are dealing solely with run -off. He asked how can they saythat this Council is liable for flooding, when flooding has been a "habit" - he does not see how this Council or any previous Council has done anything to 'accentuate that. Mr. Gilbert stated that he has not made any threat and he does not make any threat but he wants to bring this to the City Solicitor's attention and also to other legal authorities because there is a real danger when you know of the risk - he pointed out that the Council knows of the risk, now. Councillor Davis pointed out that we have a sewerage system that was designed for 10,500 people - we know that - it was designed and installed.that way and it was geared that way; the three reports, beginning in 1969 with the Comprehensive Community Plan Book 2, state that is a serious problem and this goes right on until we know the problem, and there are a lot of people who know the problem, including Mr. W. R. Godfrey. He pointed out that the City also has a tremendous housing problem, and this is the dilemma the Council has - if there was no housing problem, there would be no dilemma. Mr. Gilbert felt there are other places to build, to which Councillor Davis replied that there are not. Mr. Gilbert stated that the only reason why he is suggesting that the City be careful not to make itself liable is because the Common Council and the City Manager and the City engineers now know of the danger. Councillor Davis stated he is not arguing the point.but is just saying that this condition has existed, we need • • 1 • I 643 housing, we have to create 500 acre feet of ponding - we know that, we know that we do not have it any more - we gave away or sold Courtenay Bay - that ponding is lost.- we are progressively disturbing the natural environment - • we know that simultaneously with the development of housing there has to be this on -going development of the Marsh Creek plan - it has to go on, there is no question - it is phased for later - the problem was stated in 1969 but they design on a five -year flooding (that is, twenty floods per century); what he is saying is that'if we stop one to wait for the other:- if we stopped housing to wait for the development of the 500 -acres ponding and the clearing up, we just won't have either. He stated that from his point of view, the Marsh Creek has been Ian on -going problem. ' u • • Mr. Ralph John'Stephen, Barrister, stated he was appearing for Alpha Investments and Agencies Limited, to address the Common Council regarding the proposed re- zoning of the piece of land on the Glen Road in Glen Falls, and that he has had an opportunity to examine the said July 29th report of the Planning Advisory Committee. He stated that the steps towards development of any parcel of land are well laid out in that report as to chronological order and regarding what takes place in what space of time; that the company made application for re- zoning some two months ago and the simple reason why it is back to Council at this time is that the company felt that there was a misunderstanding in the mind of some of the Councillors at the time the last matter was presented. He stated he wanted to make it clear that the company, as also proponents of this re- zoning ap- plication, is aware that there is a real, viable problem in Glen Falls and that the company also knows that some monies will have to be spent there - maybe some by private enterprise, maybe some by the City, maybe some by any number of people and groups - and the only way this is going to be corrected is to get land developed that will give us enough revenue that not only the City can afford but that maybe private enterprise can make a contribution he thinks that this is really what the whole matter is all about. He stated that the company is not here at this meeting asking for a building permit to construct 53 one- or two - family dwellings - this is not the company's point - its point is simply the first step in a long list of things that have to be met before any kind of a permit can be issued; there would be nine more steps before the company would reach the point of asking for a building permit. He stated that this is not a large.company and, as such, it is not going to put any amount of resources into a piece of land if it finds that re- zoning of that parcel of land is impossible; so, the company nade application for step one - re- zoning; there may be various restrictions or various things that the company Councillor MacGowan asked if Mrs. Wayne and Mr. Gilbert are indicating from their statements at this meeting that right now, now that Council is aware of the problems, they would feel it would be liable if this 2?e ".26/7! flooding situation ever happens again. 'Mr. Gilbert replied.that, in his opinion, that is true. Councillor MacGowan pointed.out that these people, knowing that problem, built their homes, and she asked if they should ,pp not share some of the responsibility. Mr. Gilbert replied that the duty of the Municipal and the Common Council [r/ 1)ph, in those days was to provide adequate sewerage which has not, as yet, been done, both the run -off of surface 1g� _� Y „ water - that is, flooding water - and domestic sewage. He pointed out that the Council knows what happened - eSG�'"/� they had domestic pollution all around their houses - that is what the City could be liable for and there is no ,VtA1e,*XAF.' special sewer that takes that off - it has to go into the 18 -inch sewer which takes care of the flood water as // / well. Councillor MacGowan,stated that her 'thought is that these people have known this condition existed, so f+ ev she cannot see why the Council would be responsible - she feels that if we had built any more homes there, then they would consider the Council liable. Mr. Gilbert, in reply, stated that the Council is not merely empowered to provide sewerage but once you start you are under a duty to provide adequate sewerage. Councillor MacGowan stated that possibly that is so and she would go along with that, but at the same time it would cost a fortune to get this looked after now, so.why would the Council be any more liable now than it was six months or a year ago. Mr. Gilbert in reply stated that what he is saying is, that if you allow further pollution to occur - if you do not do something to stop it, he does not see any reason at all. At this point, the Deputy Mayor interjected stating to Councillor MacGowan that is one man's legal opinion. Councillor Cave recalled that when he was first elected as a Councillor in the Parish of Simonds Mr. 6?1e.17 W. R. Godfrey was the engineer in that area. Councillor Cave advised Mr. Gilbert that no basements were sug- ?o?1/ gested anywhere in Glen Falls in the Marsh area because you had to keep your houses up with no basement because o94M%;? it would flood, and that he personally has gone out and pumped cellars out long before our sewerage system was installed in Glen Falls, and he knows the problem, and they had the problem; we spent close to two million /OOda dollars; the sewerage system that Mr. Gilbert'is saying is not adequate, is adequate - it is the flood waters f /a7lP that we have the problem with; he.is'suggesting to Mr. Gilbert that if we correct the flooding problem we have everything licked, and that is exactly what we are trying to do at the present time. He pointed out there is a great demand for houses in our area, including the purchase of those already existing in Glen. Falls. .In reply Creek to Councillor A. Vincent's question as to what the sum of approximately two million dollars referred to by Councillor Cave, was spent on, the Deputy Mayor stated that it was for the Marsh Creek Sewerage Scheme and that the amount involved was $2,180,000.00, and that this amount was spent on that project by the previous Common Council. Councillor A. Vincent asked what this Council has budgetted for regarding the Marsh Creek. Mr. Barfoot replied that this year's Capital Budget has $150,000.00 for construction of storm sewers. Councillor Kipping asked if Mr. Gilbert is saying to Council that since the Council now knows of the problems that are involved in that area, if the Council takes action which aggravates those problems then the Council will be, in Mr. Gilbert's legal opinion, liable to litigation. Mr. Gilbert replied that in his opinion that is correct. Mr. William Vickers, a resident of the Glen Falls area, stated he would like to ask a legal opinion of the Council at this meeting: everybody is talking about building in the Glen Falls area and he would like to ask what are they going to do with the existing 500 homes that presently exist in Glen Falls - are they going to sink while they build another 600 and 700 homes? He stated that last year he paid the City of Saint John taxes amounting to $300.00 or $400:00 but he has received nothing for his taxes - all he has is a warped basement, five children and a wife to keep in Glen Falls, and he is now asking the City of Saint John to look at'the situation and appraise it and not allow any more construction in the Glen Falls area. Mr. Robert Millett of 38 Brown Street, Glen Falls, advised that he was one of the unfortunate victims on the date the storm occurred in December of 1974, with ten inches of sewage floating in his basement and he lost many items which came to less than $250.00 in value; that a small claims action was instituted on his own part against seven parties and this action will be heard at the proper sitting of the court. He stated that he was speaking on this subject as a citizen, and that it has nothing to do with him being an employee of the City, whatsoever. Mr. Millett stated that it appears that the Glen Falls organization and the people it represents have used every avenue, every conceivable means and method to prevent further calamity; these residents have had public meetings and advertisements in the newspaper and have had petitions and delegations and appearances before Council and they have exhausted every means legally at their disposal, as far as he is concerned, and he is sure it must be the opinion of most people sitting in this Council Chamber, to emphasize, focus and con- centrate on a point, which point is that we all know full well we have a problem. He stated he knows what is happening out there - he sees all the available depressions in the land being filled in every day - every day there are trucks from Galbraith Construction go by and they dump more and more fill in there by the Ritchie Discount place and it all comes from across the street - if it is not stopped and contained and the,ponding areas we have now are not protected, he asked where are we 'going to be. He stated he heard Mr. Barfoot state he believes a limitation should be imposed on construction and land fill in that area'- he has yet to see that particular promise or wish come true, because the filling goes on every day. He stated that he is.opposed to the re- zoning because he has a personal stake in the matter and aside from that he also thinks and cares about his friends and neighbours. "He added that the .Recreation Association of that area is behind the groupccompletely, supporting them financially and morally and spiritually and every way it can. Mr. Ralph John'Stephen, Barrister, stated he was appearing for Alpha Investments and Agencies Limited, to address the Common Council regarding the proposed re- zoning of the piece of land on the Glen Road in Glen Falls, and that he has had an opportunity to examine the said July 29th report of the Planning Advisory Committee. He stated that the steps towards development of any parcel of land are well laid out in that report as to chronological order and regarding what takes place in what space of time; that the company made application for re- zoning some two months ago and the simple reason why it is back to Council at this time is that the company felt that there was a misunderstanding in the mind of some of the Councillors at the time the last matter was presented. He stated he wanted to make it clear that the company, as also proponents of this re- zoning ap- plication, is aware that there is a real, viable problem in Glen Falls and that the company also knows that some monies will have to be spent there - maybe some by private enterprise, maybe some by the City, maybe some by any number of people and groups - and the only way this is going to be corrected is to get land developed that will give us enough revenue that not only the City can afford but that maybe private enterprise can make a contribution he thinks that this is really what the whole matter is all about. He stated that the company is not here at this meeting asking for a building permit to construct 53 one- or two - family dwellings - this is not the company's point - its point is simply the first step in a long list of things that have to be met before any kind of a permit can be issued; there would be nine more steps before the company would reach the point of asking for a building permit. He stated that this is not a large.company and, as such, it is not going to put any amount of resources into a piece of land if it finds that re- zoning of that parcel of land is impossible; so, the company nade application for step one - re- zoning; there may be various restrictions or various things that the company 644 might have to meet in the process of going through its application and the company at any one of those stages may say the project is not viable for it; the point is, the City's senior staff are the ones who are going to be in a position or should be in a position, to recommend to Council what course to take. • He stated that the reason the company is back with this present application is that he was present in the Council Chamber when the vote was taken.on the previous re- zoning application, and one Councillor said that maybe if the Council turned that application down the Council will all be together and do something about it; he felt that; in all deference to Council, this is the wrong attitude to take. He felt that there are certain restrictions regarding this parcel of land, the same as apply to other parcels of land in the city, and we have standards to meet, and that anyone who is going to proceed to develop those parcels of land should meet the standards; he feels that if his client wants to meet the standards then he should have to perform, just like anybody else. He stated he wanted to make it clear that the company is before the Council in this matter for step number one - re- zoning. With regard to step number two, he stated he would not want to feel that his client is going to be made whipping boy for a problem that we ' know exists; he thinks that members of the City, developers, and so on, have to conjunctively take a hand in this and make it happen (with regard to the problem correction). On behalf of his client, he asked that the land in question be re -zoned to allow the company further study to proceed towards possible �e- zdhih9 development of the land. Councillor Kipping stated he would like to ask if Alpha Investments is in good standing with the Province of New Brunswick. Mr. Stephen replied that he is not certain, at this point in time; the company. has filed the required reports and returns since incorporation. Councillor Kipping asked if the company has done so, yearly - all of them. The Deputy Mayor pointed out that this discussion is getting • into legalise here. Councillor Kipping therefore stated he will stop asking the questions. He explained that the reason he was asking that question was that if we were to permit Alpha, for example, to do this - if we were to permit re- zoning and the project were to commence and then something happened to Alpha Investments, if the Council wants a legal mess, that is when it has really got one, and we would all be in it, deeply; he would like to sort of avoid that if possible and that is why.he asked the question. He stated that he is satisfied with the answer. Councillor Kipping expressed the view that the Planning Advisory Committee letter has some very strong points in it, the main one being that the sub - division would have to meet the City's requirements grades, water supply, sanitary services and storm sewers including flood prevention measures - he thinks that is fine, and the way they are laid out, being ten points of sequence for the develoment - - -. At this point, the Deputy Mayor reminded Councillor Kipping that the policy is to direct questions from Council members to those making presentations, and in ' reply, Councillor Kipping stated that he wished to make a statement to Mr. Stephen, as follows:- Coun- cillor Kipping feels that these points are very well taken in Mr. Zides' memorandum, and Councillor Kipping is sympathetic to that extent with Alpha Investments that they must go through a certain kind of a procedure before that developer is going to get final approval and the building permit - and that is the way it should be, and that is the way it is, that is the way the Planning Advisory Committee has laid it out, and that is good; the only thing is, although Councillor Kipping cannot speak for the Glen Falls group, he thinks that is what has made them leery of the whole thing and they have not seen.this memorandum, because he was asking Mrs. Wayne before the meeting whether she had seen a copy of it, and she has not; Councillor Kipping thinks because of the less than satisfactory communications and actions on behalf of the City that the Glen Falls group is leery of anything like this - they are not inclined to believe the Council is saying to them, which is a very unfortunate situation, and Councillor Kipping wishes there was some way the Council could reconcile; Councillor Kipping believes that perhaps the points that are laid out are sufficient protection, but the other points that he raised - about the good standing of the company, the necessity (as Mr. Gilbert has pointed out) to rescind the previous resolution, and all those points, are points on the other side. He concluded his remarks by saying he does not believe he can formulate a question to ask Mr. Stephen in this matter. Councillor A. Vincent proposed a motion, which was not seconded, that.the matter be laid on the table for one week until the Council can meet with the City Solicitor and with the Council's legal • advisors. On motion of Councillor Kipping Seconded by Councillor Pye RESOLVED that the recommendation of the Planning Advisory Committee In reply to Councillor MacGowan's question as to whether the company has title to the land at present, Mr. Stephen made negative reply, stating that it has a right to title, and in reply to her question as to how long it would be before construction would commence, he was unable to answer that, /iJ6h�s stating it would have to depend on the various City departments who would have to give their stemp of /,19er�cies ,( approval before there would be any development. Councillor MacGowan stated she is wondering if there is ' a chance that that problem could possibly be resolved by the time the company got around to construction. Mr. Stephen replied that he is hoping that is what will happen. He stated, for clarification purposes, he did not say at the Planning Advisory Committee meeting, that he did not think that the Glen Falls people should be there to present their views - the contrary, he complimented them as citizens of Saint John that he thought that that was what they should do - go and have their own views expressed - what he did say before the said Committee was that he was not there asking for a permit - he said that at any one given time if some civil servants in this city misuse their judgement in certain things they should be �eh �af /S. brought to task for that, but as far as he was concerned, he did not complain about the said residents l3 giving their views - he thinks it is worth while and we all learn by exchanging views. He stated that the area out there needs some attention and the only way you are going to get that attention is get • F /o0���jA enough tax dollars circulating that makes a project that costs a lot of money worthwhile trying to save - 1 that is how he sees it. He stated he feels that the Marsh Creek is a problem that we have to face and find out how to beat it. /1%rsii meek Councillor Cave asked if the company is prepared to at least discuss and agree on certain recommendations that have been laid out by the Planning Advisory Committee, if and when it applies for a building permit regarding this project. Mr. Stephen confirmed that the company is prepared to do this. Councillor Pye asked if the said company was granted permission to build, would it be willing to place a bond for the prevention of loss to the residents of Glen Falls in the event of future floods, approximating two million dollars as the value of the bond. Mr. Stephen stated the reply is, definitely not, the company would not be prepared to post a bond for two.million dollars. Councillor Parfitt discussed with Mr. Stephen the number of housing units proposed to be erected on this approximately 20 acres of land. Mr. Stephen stated that initially the company mentioned ' a number of housing units but he thinks he would have to consider the fact that we still are talking about a negotiable area in this regard; the company does not know that there would be construction there for 106 families - it has no building permit for that and it is not applying for that at this meeting - just for the re- zoning. Councillor Gould asked how many housing units could be.built on this 20 -acre site under the present zoning for this land. Mr. Stephen replied that he believes it is about 50 units. Councillor Gould observed, and Mr. Stephen confirmed, that the company is saying that it is proposing putting in about the same units only in a smaller area and that is why it is asking for the re- zoning. Councillor Gould asked if the company would agree to vest what was left of that property in the City. Mr. Stephen made affirmative reply, noting that this is a negotiable thing for a sub - division plan. Councillor Kipping stated he would like to ask if Alpha Investments is in good standing with the Province of New Brunswick. Mr. Stephen replied that he is not certain, at this point in time; the company. has filed the required reports and returns since incorporation. Councillor Kipping asked if the company has done so, yearly - all of them. The Deputy Mayor pointed out that this discussion is getting • into legalise here. Councillor Kipping therefore stated he will stop asking the questions. He explained that the reason he was asking that question was that if we were to permit Alpha, for example, to do this - if we were to permit re- zoning and the project were to commence and then something happened to Alpha Investments, if the Council wants a legal mess, that is when it has really got one, and we would all be in it, deeply; he would like to sort of avoid that if possible and that is why.he asked the question. He stated that he is satisfied with the answer. Councillor Kipping expressed the view that the Planning Advisory Committee letter has some very strong points in it, the main one being that the sub - division would have to meet the City's requirements grades, water supply, sanitary services and storm sewers including flood prevention measures - he thinks that is fine, and the way they are laid out, being ten points of sequence for the develoment - - -. At this point, the Deputy Mayor reminded Councillor Kipping that the policy is to direct questions from Council members to those making presentations, and in ' reply, Councillor Kipping stated that he wished to make a statement to Mr. Stephen, as follows:- Coun- cillor Kipping feels that these points are very well taken in Mr. Zides' memorandum, and Councillor Kipping is sympathetic to that extent with Alpha Investments that they must go through a certain kind of a procedure before that developer is going to get final approval and the building permit - and that is the way it should be, and that is the way it is, that is the way the Planning Advisory Committee has laid it out, and that is good; the only thing is, although Councillor Kipping cannot speak for the Glen Falls group, he thinks that is what has made them leery of the whole thing and they have not seen.this memorandum, because he was asking Mrs. Wayne before the meeting whether she had seen a copy of it, and she has not; Councillor Kipping thinks because of the less than satisfactory communications and actions on behalf of the City that the Glen Falls group is leery of anything like this - they are not inclined to believe the Council is saying to them, which is a very unfortunate situation, and Councillor Kipping wishes there was some way the Council could reconcile; Councillor Kipping believes that perhaps the points that are laid out are sufficient protection, but the other points that he raised - about the good standing of the company, the necessity (as Mr. Gilbert has pointed out) to rescind the previous resolution, and all those points, are points on the other side. He concluded his remarks by saying he does not believe he can formulate a question to ask Mr. Stephen in this matter. Councillor A. Vincent proposed a motion, which was not seconded, that.the matter be laid on the table for one week until the Council can meet with the City Solicitor and with the Council's legal • advisors. On motion of Councillor Kipping Seconded by Councillor Pye RESOLVED that the recommendation of the Planning Advisory Committee F_ 645 that an area of land lying west of lots fronting on-Glenview Avenue containing approximately 20 acres be re- zoned from "RS -2" One- and Two - Family Suburban Residential district to "R-2" One- and Two- Family Residential • district subject to the conditions set out in the Planning Advisory Committee letter of July 29th, 1975, be denied. 191)Ohc7 m enA -71r • �.yei/''P.a7 C'�ee6r • u Question being taken, the motion was lost with Councillors Kipping, Pye, M. Vincent and MacGowan voting "yea" and the Deputy Mayor and Councillors A. Vincent, Parfitt, Hodges, Davis, Green, Cave and Gould voting "nay ". On motion of Councillor Cave Seconded by Councillor Parfitt RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land lying west of lots fronting on Glenview Avenue containing approximately 20 acres, from "RS -2" One- and Two- Family Suburban Residential district to "R -2" One- and Two- Family Residential district, be read a first time. On the question, Councillor Davis stated that one thing that is still bothering him is that if the Council did not re -zone and if someone developed that land in accordance with the present zoning we would have practically the same run -off - the only difference would be the additional sewage that would be produced; the problem, therefore, is not run -off, it is sewage, whether you are for or against the re- zoning - he is sure that the run -off will be.precisely the same and he does not think that the City has any right to call for holding ponds but the Council could pass a by -law requiring that - so, the problem is the sewage. He stated he does not think that the Council has given the citizens of Saint John sufficient information on how to prevent sewage from coming into a basement - he has had this problem and he thinks a lot of people in Saint John have had this problem, as well - he had a back -up valve installed approximately twenty -five years ago and the problem stopped, so maybe the problem stopped because of that, or maybe because of something else. He. stated he does not feel that the Council will be solving this problem completely in less than five years and then", if we get a one hundred -year storm it is absolutely impossible to solve and beyond human possibility of getting that water out of there fast enough. He pointed out that the problem is that the water is going through the manhole and going into the sewers and forcing the sewage into the houses - a flooded basement is one thing, and a flooded basement with sewage backing up is another thing - he feels that there is some thing that the City can do and there are things that the citizens can do. He stated that the main point is that he does not think it makes that much difference whether 53 people live up there or 103 people live up there because if a house is not protected against the sewer it is going to come in, one way or another. Councillor MacGowan asked Mr. Zides how long could he see this development taking to materialize. Mr. Zides replied that there are so many factors involved that it is hard to say, but looking at the problems that are being discussed he would be very surprised if anything got done this year. Councillor MacGowan asked if it could go through all these steps and still be back to Council within a year; the project comes back to Council a couple of times - the first and most important one he thinks would be when satisfactory arrangements have been worked out between the City, the Province and any developer to satisfactorily build in that area - this is when they are being asked to spend some money in there and this is the time to ask questions and make sure things are being done right; he sees that taking some time to get to simply because of the kinds of problems involved in the area; the design of the sub - division is a relatively simple step at this point; he sees some difficulty in the matter of the design of the services and utilities - he would think in this particular case it would be a question of (not only the design) there could be sort of a break point here where the economics of doing a small development like this will make it impractical. Councillor MacGowan asked if there would be a time set on this that they would have to develop within a certain period of time, or the zoning classification would revert to what it was before the re- zoning in question was done. Mr. Zides replied that this is not the recommendation of the Planning Advisory Committee, but it is possible for Council to zone that way - putting a time limit on development or reversion, under Section 39 of the Community Planning Act. Councillor MacGowan stated she thinks her concern is that this Council is aware of the problem, that this could run over a couple of years, we could have another Council - perhaps another.Planning Advisory Committee - who perhaps would not be a "watchdog" to the same degree as this present Council is trying to be; she asked if Mr. Zides can foresee that. In reply, Mr. Zides stated he thinks that, to a large measure, the Council is going to have to depend on the City permanent staff (City Manager, Commissioner of Engineering and Works, and so on). Councillor MacGowan commented that there are also changes there, sometimes. Councillor Green stated that he sympathizes with the people of Glen Falls because he experienced in his own home a situation such as they have experienced, and he had a check -valve installed, and it certainly works. He stated that he supported the Marsh Creek Sewerage Scheme in which the City spent over two million dollars to try to alleviate the sewerage problem; he believes that most.of the Council of the day went along with that project. IQoting that what happens when we have a "flash" flood is that the water works back into the sewage pipes and then backs into the homes, and so on, he stated that he asked the City Manager to explore the possibility of a high pressure pump in a state of emergency in a "flash" flood - he still feels that that is going to be the only solution to the residents of that area, and he would suggest and ask, if there has been any follow -up on that suggestion,which was to explore the possibility of a pump and a standby in case another one should break down - this would not cost too much (perhaps one or two hundred thousand dollars) which he feels would be money well spent to have a couple of high pressure pumps to pump the system out in a state of emergency in a "flash" flood situation; once the aboideau gates close, they could be pumped over. In reply, Mr. Barfoot advised that Councillor Green's suggestion is one of the things which the engineers are going to investigate in their future study of the Marsh Creek; this is definitely one of the alternatives that we will be looking at. With regard to the engineers' study referred to by Mr. Barfoot, Councillor Kipping asked what that study will consist of. Mr. Barfoot stated that both the City and the Province feel that the Proctor & Redfern study while offering two alternatives as solutions to the flooding problem has not thoroughly investigated the number of ideas that have come up, and it is the intention at the staff level, about which the staff will be coming back to Council shortly, that further engineering study has to be done of the Marsh Creek before co- mmitments can be made to make it capital works; this will be very much more a complete study than the study done by Proctor & Redfern; a recommendation will be brought to Council shortly regarding the question of cost - sharing between the City and the Province for this complete study - proposals are being obtained on a fifty -fifty split of the estimated cost of $50,000.00 for this study between the City and the Province. Councillor Kipping asked if it is necessary to rescind the previous Council resolution (regarding the previous re- zoning application by Alpha Investments on this land in May of 1975) in order for the Council to be dealing with this development, as was mentioned by Mr. Gilbert at this meeting. Mr. Rodgers replied that, in his opinion, it is not necessary. Councillor Cave stated he understands we have a meeting set up with the Provincial Government later this month to discuss the problem of Marsh Creek. Mr. Barfoot confirmed that meetings will be set up but he is not aware of the date for this particular meeting. Noting that the City has spent close to two million dollars on what is called the Marsh Creek sewers, Councillor A. Vincent asked if this is not against the health regulations for drain water to be connected to that; he asked whether or not it is connected with that, in any way. Mr. MacKinnon replied that the system is a 646 1XI. Question being taken, the motion to table was carried with Councillors Kipping, Davis, MacGowan, Pye, Green, M. Vincent, A. Vincent and the Deputy Mayor voting "yea" and Councillors Cave, Gould, Parfitt • and Hodges voting "nay ". On motion of Councillor Gould r15 1e Gt/aywe Seconded by Councillor M. Vincent G- slllg7�Z[Z[ee RESOLVED that the above mentioned letter dated July 29th, 1975 from the Planning Advisory Committee recommending the proposed re- zoning for Alpha Investments and Agencies /7�.U•(T %�0� Limited of the approximately 20 acres of land near the intersection of the Belgian Road and Glenview /Ifajs�i Cpl Avenue, subject to the conditions set forth in the Committee's said letter, be received and filed: AND FURTHER that the correspondence from Mrs. Elsie Wayne, Chairman of the Glen Falls Flood , Committee, and from Mr. A. B. Gilbert, Q. C., on behalf of the residents of the Glen Falls area, advising of the opposition of such residents to the said proposed re- zoning, be received and filed. The Common Clerk stated that with regard to the proposed re- zoning for Baxter Dairies Ltd. (application made by Rocca Construction Ltd. on behalf of the said company) of all the properties on the westerly side of Millidge Avenue from Valerie Street to the Baxter Dairies Limited head office to Light Industrial district classification, the necessary advertising was completed, and no written objections were received. It was noted that no person was present to offer objection to this proposed re- zoning. ' Roe,ea /twG 7 p itl� // Mr. Robert McKinstrey of The Rocca Group was present representing Baxter Dairies Limited, and (7 - was accompanied by Mr. Baxter, President of the said company, and by Mr. Cook, of Baxter Dairies Limited. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "A Law to Amend The Zoning e- zo'll�y By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning all the pro- perties on the westerly side of Millidge Avenue from Valerie Street to the Baxter Dairies Limited head , i#" ea office, from "RM -1" Multiple Residential district to "I -1" Light Industrial district, be read a first • 16� time. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". sewage system and not designed as a combined sewage and storm system and the storm water is not intended to flow in the sewage system. Councillor A. Vincent asked if it is actually a health violation if the storm water flows in the sewage system. Mr. MacKinnon replied that he would not think so - there are • probably no regulations that the City has except that you have to have permission to make a connection to a sewage line whether it be storm or sewage, and in this case, if an application was made we would not allow a storm system connected to it - it is just intended as a sewage system. Councillor A. Vincent asked if, to the best of Mr. MacKinnon's knowledge, there are any storm sewers now connected to the Marsh Creek sewerage system. Mr. MacKinnon stated he could not really answer that - he would have to say to his knowledge there are none - however, he would have to think that as in other locations people who want to connect do it on their own property - there are no applications that he knows of in this regard. Mr. Barfoot stated that he was the engineer involved at the time of the construction, and he advised that there are some existing combined systems which are now connected in to the Marsh Creek sewerage system; it is a well -known fact that they are there. Councillor A. Vincent asked if it was not a well -known fact at the time that it was against the Saint John Board of Health's recommendation at the time. Mr. Barfoot ' replied that it is not against the said Board's recommendation. Councillor A. Vincent stated that he was a member for many years on the Saint John Board of Health, and he thinks that the archives should contain many pieces of correspondence in the old Court House or the old building at the Mecklenburg Street office of the Board where the Board protested clearly that this should not happen - this is part of our problem, he pointed out. He asked if this is so, or not. Mr. Barfoot stated he agrees it is part of the problem and he agrees that since we have started laying sanitary sewers which only started here in the early 1960's we have attempted to prevent the ingress of rainwater leaders and other matters into the sanitary sewers, but a lot of the sewers in Glen Falls are much earlier than that date and these are the ones which conduct a lot of the storm water, and these are connected into the Marsh Creek sewerage system. ' Councillor Parfitt discussed with Mr. MacKinnon the question of the advantage, if any, of the home owners using sump pumps to pump water from their basements when there is heavy rainfall, and the question of what responsibility there may be on the individual home owners to provide themselves with such pumps. Mr. MacKinnon advised that sump pumps are intended to handle a small amount of drainage coming into a house and it is intended to pump back into the storm sewer system; in the case of the Marsh Creek area it is the storm system itself that is full and is backing up, and actually, the land is flooding - you would, in the Marsh Creek area in such situation, have to pump the water with the sump pump outside the house - therefore, the use of a sump pump is not helpful, at a certain point, and, certainly, during flooding conditions they could not be used out in that area. • Question being taken, the motion was carried with Councillors M. Vincent, Pye, Kipping and MacGowan voting "nay ". Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Cave Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend,The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land lying west of lots fronting on Glenview Avenue containing approximately 20 acres, from "RS -2" One- and Two- Family Suburban Residential district to "R -2" One- and Two - Family Residential district, be read a second ' time. .Councillor Kipping stated he sees no necessity of rushing a second reading on this matter, particularly when there are ten items to be covered and the Council is going to have at least two more appearances before the Council; he suggested that the re- zoning readings in this matter be spaced out. On motion of Councillor Davis /7C-�(j%J /yJA Seconded by Councillor MacGowan /e� L A/ �� RESOLVED that second reading regarding this re- zoning be laid on /�Y P 3� meats �Aa�n�iv the table. , 1XI. Question being taken, the motion to table was carried with Councillors Kipping, Davis, MacGowan, Pye, Green, M. Vincent, A. Vincent and the Deputy Mayor voting "yea" and Councillors Cave, Gould, Parfitt • and Hodges voting "nay ". On motion of Councillor Gould r15 1e Gt/aywe Seconded by Councillor M. Vincent G- slllg7�Z[Z[ee RESOLVED that the above mentioned letter dated July 29th, 1975 from the Planning Advisory Committee recommending the proposed re- zoning for Alpha Investments and Agencies /7�.U•(T %�0� Limited of the approximately 20 acres of land near the intersection of the Belgian Road and Glenview /Ifajs�i Cpl Avenue, subject to the conditions set forth in the Committee's said letter, be received and filed: AND FURTHER that the correspondence from Mrs. Elsie Wayne, Chairman of the Glen Falls Flood , Committee, and from Mr. A. B. Gilbert, Q. C., on behalf of the residents of the Glen Falls area, advising of the opposition of such residents to the said proposed re- zoning, be received and filed. The Common Clerk stated that with regard to the proposed re- zoning for Baxter Dairies Ltd. (application made by Rocca Construction Ltd. on behalf of the said company) of all the properties on the westerly side of Millidge Avenue from Valerie Street to the Baxter Dairies Limited head office to Light Industrial district classification, the necessary advertising was completed, and no written objections were received. It was noted that no person was present to offer objection to this proposed re- zoning. ' Roe,ea /twG 7 p itl� // Mr. Robert McKinstrey of The Rocca Group was present representing Baxter Dairies Limited, and (7 - was accompanied by Mr. Baxter, President of the said company, and by Mr. Cook, of Baxter Dairies Limited. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "A Law to Amend The Zoning e- zo'll�y By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning all the pro- perties on the westerly side of Millidge Avenue from Valerie Street to the Baxter Dairies Limited head , i#" ea office, from "RM -1" Multiple Residential district to "I -1" Light Industrial district, be read a first • 16� time. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". r 647 In reply to Councillor MacGowan's question as to whether letters went out to the residents of the area • to obtain their opinion regarding this proposed re- zoning, Mr. Zides advised that letters did not go out from the Planning Advisory Committee. He made the point that this company is buying properties in that vicinity from the present owners, which had a bearing in this regard. On motion of Councillor Gould Seconded by Councillor M. Vincent e -7 RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law ", of The City of Saint John and Amendments Thereto insofar as it concerns re- zoning all the properties on the �caeb+ westerly side of Millidge Avenue from Valerie Street to the Baxter Dairies Limited head office, from "EM-l" // �oa //' /es4 Multiple Residential district to "I -1" Light Industrial district, be read a second time. ' Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor A. Vincent Seconded by Councillor Green RESOLVED that an emergency be declared to exist and the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- ' zoning all the properties on the westerly side of Millidge Avenue from Valerie Street to the Baxter Dairies Limited head office, from "RM -1" Multiple Residential district to "I -1" Light Industrial district, be given three readings. Councillor Kipping, in the interests of determining if there would be an undue delay if the Council did not give third reading at this meeting in this regard, asked Mr. McKinstrey to inform the Council regarding the company's construction schedule. Mr. McKinstrey stated that ninety per cent of the equipment for the proposed extension is in the existing plant which is causing crowding with regard to the existing operation, and that the company sorely needs this expanded plant to accommodate this equipment, and that this really is an emergency situation. Mr. Rodgers was asked what constitutes a state of emergency with respect to a third reading, and he replied that if the Council feels a third reading is necessary, it only requires a resolution • saying it is an emergency and, then, if that resolution passes, third reading is in order. Councillor MacGowan asked what will be the future status of the company's plant on Station Street, in view of the said plant expansion. Mr. McKinstrey advised that it is part of the expansion to phase out the Station Street operation, except that it will still be used for the company's icecream operation as it is necessary to use that plant in that regard. Councillor Davis made the point that he does not think that the people of the area are aware of this proposed re- zoning because the Planning Advisory Committee has not communicated with anyone in the neighbourhood, and this is the first time the proposed re- zoning has been before Council for readings. He stated he does not see that a delay of six days regarding third reading is going to cause an emergency, and that he would vote against the emergency resolution for that reason. Question being taken, the above motion was lost, there being no unanimous affirmative vote. Councillor A. Vincent recalled that on the previous Council when he discussed an emergency vote the Mayor of that time gave advice to him, but he never received a ruling from the City Solicitor. He stated that ' he wants such a ruling from the City Solicitor at this time. In regard to the above discussed re- zoning for Baxter Dairies Limited, consideration was given by the Council members to the letter, dated July 28th, 1975, from the Planning Advisory Committee which recommends that 0�7 the area in question shown on the submitted print, be re -zoned as proposed, which will permit this company to expand its facilities along Millidge Avenue from its head office towards Valerie Street, and which advises that the Committee has already reviewed the proposed building extension and is prepared to grant certain required set back variances on condition that there be no vehicular access off Millidge Avenue to this extension. The Common Clerk advised that the necessary advertising took place with regard to the proposed re- zoning of both sides of Manawagonish Road from approximately Catherwood Street to the small business area which includes Purdy Motors and Atherton Business Machines Ltd. (including the property at 975 Manawagonish Road owned by Mrs. Mildred E. Green), to "R -2" One- and Two- Family Residential district classification, and that no written objections were received. It was noted that no person was present to speak either in opposition to or in favour • of this proposed re- zoning. Consideration was given to the letter, dated July 17th, 1975, from the Planning Advisory Committee, recommending this re- zoning, as indicated on the submitted re- zoning sketch and noting that the area recommended for re- zoning contains both one- and two - family dwellings and it also contains several three- o e,family homes and tourist accommodations; that most of this street was built up before there were zon' ulations and some of the buildings were used for two - family occupancy right from the beginning - Manawagonish ad was the main highway in the area and catered to tourists - when zoning came in, the street was apparently still pre- dominately one - family - however, the Zoning By -Law permits conversion of buildings which were erected before 1930 and contain 10 or more habitable rooms - no doubt conversions under these provisions took place from time to time - today, there are short stretches where the homes are still one - family predominately, but this only ' complicates matters for administration and for future re- zoning applications if the actual zoning is to conform to the actual patch work of actual land uses - it is more logical to have a uniform zoning. The letter advises that the people in the area were requested by the Committee to comment on the proposal to re -zone this stretch of Manawagonish Road, and that 192 letters were sent out to these neighbours inviting their views in this p regard, and that of this number 164 property owners were either for the re- zoning, did not care or were away and /y� � 11Wti'W1 . three different kinds of views were received by the 28 replies sent in:- (1) 13 property owners stated they were in favour of re- zoning the whole area, (2) 11 stated that they would not object to Mrs. Green's property being G�%'���J re- zoned, either explicitly stating or implicitly suggesting that they did not want to see the whole area re- (3) 4 zoned, stated they objected to re- zoning any part of the area. The letter advises that the following were the specific reasons for objecting:- (1) see the area maintained as single - family because (2) moved into the area because one - family regulations in effect (protection), (b) do not want to see the area deteriorate - changes to the buildings, for example, outside stairs would be unsightly, tenants contribute to deterioration of properties - and (c) privacy could disappear. The letter states that this was reviewed by the Planning Advisory Committee which feels that the logical thing to do in view of the existing development and the occasional demands for conversions is to recommend that the area as a whole be re -zoned "R -2" so as to permit either one - or two - family dwellings. On motion of Councillor Gould • Seconded by Councillor Green RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning both sides of Manawagonish Road from approximately Catherwood Street to the small business area which includes Purdy Motors and Atherton Business Machines Ltd., from "R -1A" One- Family Residential district to "R -2" One- and Two - Family Residential district, be /S� n� read a first time. 64S Seconded by Councillor Hodges RESOLVED that the by -law entitled, "A Law to Amend The Municipal Plan By -Law" insofar as it concerns amending Schedule 2 -A of the Municipal Development Plan by removing from a Low Density Residential area and placing in a Light Industrial area the property at the north- / easterly corner of the Drury Cove and Rothesay Roads, now owned by East Coast Enterprises Ltd., and the A. C. Fairweather property on the northerly side of Ashburn Road, be read a first time. /7%1 ^ate Councillors A. Vincent and MacGowan voted "nay" to the above motion. Read a first time the by -law entitled, "A Law to Amend The Municipal Plan By- Law ". Councillor A. Vincent stated that he has received some telephone calls regarding this matter, • and he asked if there is any conflict of interest around this Council table with East Coast Enterprises Ltd. Councillor Cave noted that if Councillor A. Vincent knows of anyone who has a conflict of interest, PT he should tell. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the by -law entitled, "A Law to Amend The Municipal , Read a first time the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John and Amendments Thereto ". • On motion of Councillor Gould m G'reel7 Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "A Law to Amend The Zoning fie -zoni hg By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning both sides of Manawagonish Road from approximately Catherwood Street to the small business area which includes Purdy a7l)D%7 /S/! Motors and Atherton Business Machines Ltd., from "R -1" One- Family Residential district to "R -2" One- and /40E Two - Family Residential district, be read a second time. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". ' On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the above mentioned letter from the Planning Advisory Committee, dated July 17th, 1975, regarding the above re- zoning, be received and filed. The Common Clerk stated that advertising was completed in connection with the proposed rezoning ' of an area of land at the northeasterly corner of Rothesay Road and Drury Cove Road with a frontage of about 600 feet on the first road and about 750 feet on the second road, but excepting thereout and there- from a small lot on the corner itself and the small lot on Drury Cove Road, to "I -1" Light Industrial district classification, and that no written objection was received in this regard. No person was present to offer comment regarding the said proposed re- zoning. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land at • the northeasterly corner of Rothesay Road and Drury Cove Road with a frontage of about 600 feet on the �7 first road and about 750 feet on the second road, but excepting thereout and therefrom a small lot on the corner itself and the small lot on Drury Cove Road, from "RS -2" One- and Two- Family Suburban Residential district to "I -1" Light Industrial district, be read a first time. Councillor MacGowan voted "nay" to the above resolution. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the by -law entitled, "A Law to Amend The Zoning By- ' Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land at the northeasterly corner of Rothesay Road and Drury Cove Road with a frontage of about 600 feet on the first road and about 750 feet on the second road, but excepting thereout and therefrom a small lot on the corner itself and the small lot on Drury Cove Road, from "RS -2" One- and Two- Family Suburban Residential .2%/MA JJ district to "I -1" Light Industrial district, be read a second time. Councillor MacGowan voted "nay" to the above resolution. Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". Councillor A. Vincent noted that the above re- zoning was requested by East Coast Enterprises n 1 Ltd., and asked that the City Solicitor contact the office of the Provincial Secretary - Treasurer and find out who the signing officers of this company are and if it is a legal company and, if so, did the company • 44j�e/p/"/SCS pay.its filing fee, and so on. He stated that he feels the Council in future should be automatically supplied with such information regarding re- zoning applications by companies. The Deputy Mayor noted that the City Solicitor will have the requested information made available for the next meeting of Council, to � all Council members. The Common Clerk stated that with regard to the proposal to amend the Municipal Development Plan by removing from a Low Density Residential area and placing in a Light Industrial area the property at the northeasterly corner of the Drury Cove and Rothesay Roads, now owned by East Coast Enterprises Ltd., and 1 �q% SS CO�e75t the A. C. Fairweather property on the northerly side of Ashburn Road, the necessary advertising was made, and that no written objections were received thereto. No person was present to offer comment regarding �rjj^�%f� /1SeS the said proposed Municipal Development Plan amendment. ' ��R•' Councillor A. Vincent proposed a motion, that was not seconded, that this matter be laid on the /l er able until he finds.out who East Coast Enterprises Ltd. are. s;h5 ! On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the by -law entitled, "A Law to Amend The Municipal Plan By -Law" insofar as it concerns amending Schedule 2 -A of the Municipal Development Plan by removing from a Low Density Residential area and placing in a Light Industrial area the property at the north- / easterly corner of the Drury Cove and Rothesay Roads, now owned by East Coast Enterprises Ltd., and the A. C. Fairweather property on the northerly side of Ashburn Road, be read a first time. /7%1 ^ate Councillors A. Vincent and MacGowan voted "nay" to the above motion. Read a first time the by -law entitled, "A Law to Amend The Municipal Plan By- Law ". Councillor A. Vincent stated that he has received some telephone calls regarding this matter, • and he asked if there is any conflict of interest around this Council table with East Coast Enterprises Ltd. Councillor Cave noted that if Councillor A. Vincent knows of anyone who has a conflict of interest, PT he should tell. On motion of Councillor Gould Seconded by Councillor Hodges RESOLVED that the by -law entitled, "A Law to Amend The Municipal , F_ =1 X07 $ r(,c6-T5 r' Plan By -Law" insofar as it concerns amending Schedule 2 -A of the Municipal Development Plan by removing from a • .67H/, Low Density Residential area and placing in a Light Industrial area the property at the northeasterly corner of / A the Drury Cove and Rothesay Roads, now owned by East Coast Enterprises�Ltd., and the A. C. Fairweather property Af� AAC� on the northerly side of Ashburn Road, be read a second time. 0ea2a7me^e- Councillors A. Vincent and MacGowan voted "nay" to the above motion. Read a second time the by -law entitled, "A Law to Amend The Municipal Plan By- Law ". The Common Clerk advised that with regard to the proposed re- zoning of the site of the West Side Community Hospital and the associated property across Prince Street, to "RM -1" Multiple Residential district ' classification, no written objections were received in relation to the necessary advertising, which was co- mpleted. No person was present to offer either objection to or favourable opinion of, this proposed re- zoning. Councillor Kipping withdrew from the meeting. On motion of Councillor Hodges Seconded by Councillor Gould RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning the site of the West Side q�e_aa��� Community Hospital and the associated property across Prince Street, from "R -1B" One - Family Residential district /7 to "RM -1" Multiple Residential district, be read a first time. Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Gould Seconded by Councillor Green RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of . The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning the site of the West Side • ��SZ1 s��/ Community Hospital and the associated property across Prince Street, from "R -1B" One- Family Residential district A to "RM -1" Multiple Residential district, be read a second time. p Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". Councillor Kipping re- entered the meeting. The Common Clerk stated that advertising took place for The Rocca Group Limited in connection with the proposed re- zoning of an area of some 40.4 acres of land with a frontage of approximately 900 feet on the southerly side of Golden Grove Road (which contains residential numbers 210 to 218) and commencing approximately 350 feet easterly of the Westmorland Road intersection from "RS -1" One- and Two- Family Suburban district to "RM- 1" up to three- storey multiple residential and "RM -2" High Rise Multiple Residential district classifications, and that a written objection has been received in the form of a brief from Mrs. Elsie Wayne, Chairman of the / Glen Falls Flood Committee. The Planning Advisory Committee letter, dated July 31st, 1975, was considered, which recommends that the area indicated on the submitted print be re -zoned as above noted; and advises that the "RM -1" area will //__ ye �� contain 15 twelve -unit three - storey walk -up apartment buildings, the "RM -2" area will ultimately contain eight- storey, 97 -unit, high rise apartments, Phase I of the project will consist of the 15 twelve -unit apartment and Phase II will consist of the other four high rise buildings and one of the high rise apartment buildings, i M*47p/,06t1�/ buildings and will be located further away from Golden Grove Road; that all the services have been sized to CO p7j", provide adequate domestic flows and fire protection, including the second stage buildings; that the design takes into consideration the excess storm water run -off that would be created by a project of this magnitude - pro - vision is being made for on -site storage to be built by the developers to restrict storm water run -off from the property to about what is now in the natural state of the site; that the Committee understands that the development has been discussed by the Rocca Group, the developers, with the residents of the Glen Falls area and that, in view of the precautions being made by the developers, the project is acceptable to them. • Mrs. Elsie Wayne, Chairman of the Glen Falls Flood Committee, presented a Brief at this time, explaining the opposition of the residents of the Glen Falls area to the above proposed development and making the fol- q� owing points: - Mr. Pat Rocca of Rocca Construction explained to the said Committee regarding this proposed 6*" development, which obviously will affect their area in the aspect of run -off water /sewage disposal therefrom, I006Z �/ that his engineers had designed "holding tanks" to retain the run -off water during heavy rain storms so as not to add to their water problems in Glen Falls; the said Committee, according to its calculation, is not positively Cp�y�yy, sure that the size suggested by Mr. Bamford of Valley Consultant Engineers of Fredericton is large enough for these holding tanks, and feels that this should be checked out by the City of Saint John engineers - along the same vein, the Committee spoke with the said Mr. Bamford, and to Mr. Fleckenstein, the architect, for Westmorland U!v JL Grove Heights and they both state that all developers, developing lands above the Glen Falls, should be forced to put in holding tanks whether they are large developers or small - if a small developer was permitted to go ahead, followed by other small developers, in total there would be many small developers contributing and greatly compounding the Glen Falls residents' problem; Mr. Rocca had been informed, as the Common Council was informed at its July 28th last Council meeting by the Commissioner of Engineering and Works of the City, that the Marsh Creek Sewerage Scheme, as it is now, will accommodate the extra sewage that would be added by Mr. �peo� Rocca's project - however, taking into consideration the expanded trailer park at 514 Rothesay Avenue, the Glen / Falls trailer park on the former sand pit site, the development construction that has taken place since January of 1975, and lands of builders who have already received the go- ahead, and figuring all the land which is already re -zoned and which will be developed probably in the near future, together with those proposed before this meeting of Council, the Committee believes it will be found that the sewage system, which is described by City J7 OS�� officials as a "fine- weather system" to be at best borderline, if not inadequate; Mr. Rocca agreed, as did his engineer, that on rainy days when the sewage must be reverted back to Marsh Creek that they too would add to the sewage problem at that time - and the Committee has yet to hear anyone state to it in the past six months, that they can and will guarantee that the Marsh Creek can accommodate this greatly increased load - when, in fact, it could not carry the load as it was in December last; it has been stated many times that the Marsh Creek Sewerage Scheme can effectively process 1.8 million Imperial gallons daily through its entire system - but, has anyone / calculated accurately how many gallons of sluggish sewage along with the run -off water (originating all the way v from East Riverside - Renforth area, Golden Grove, Ashburn Lake areas) and storm sewer water on days of heavy rain i"/ /stye that this Creek can hold; the Committee received a letter from Mr. Brian Barnes, Deputy Minister of Environment, • /(BO'S // stating t:iat the Likely Bridge would be removed - in June - this bridge still stands; the Committee has asked that signs be posted along the banks of Marsh Creek and notice given in the paper as to fines that will be f� ! levied if material of any kind is deposited in the Creek by any person or place of business; there is a fine under the Federal law at the present time with regard to waterways, streams, et cetera, up to $5,000.00 per day under the Canada Water Act, but fines can be levied on a civic as well as Provincial basis; the Mackay Bridge still stands although it was suggested in the Proctor & Redfern Report that this bridge, too, should be removed 650 No other persons were present to speak in opposition to the above proposed re- zoning. or modified - the Committee has been informed that Mackays have done some changes in this bridge and it asks if anyone from the City Departments has made an inspection to confirm that these changes are satis- support of the request for re- zoning and pointed out that the only issue, and the real issue, is whether factory; letters should have been written to Goodyear Tire and to Abe Levine's requiring that they erect fences to prevent their old tires and junk materials reaching the Marsh Creek - these retainers should • various aspects of the proposal and its relation to the Marsh Creek problem, as The Group sees them, Mr. have been demanded months ago, and would be installed at no cost to the City; there should be an inspector appointed by the City to keep watch along the Creek's length to see that it is kept free of obstruction - • it should be inspected every month and if debris, et cetera, excessive bank growth, are found, be removed Falls residents regarding the Marsh Creek problems. He referred to a letter received by The Group from immediately; the City, since it is informed by the Province that it is responsible for maintenance and �o /den clean -up of the channel, should pass a by -law with regard to fines for pollution and dumping in the Marsh Creek and the person given the job of inspector given the authority to levy the fines; since the Committee made reply to points made in that letter. In further remarks, Mr. Rocca pointed out that the housing received a letter from Mr. Brian Barnes, dated May 23rd last, advising that the City of Saint John is responsible for the maintenance and keep the Creek clean - and this information was contained in Mr. Barfoot's report to Council July 28th last - the Committee hereby informs the Common Council that the Corporation, this being special financing arrangements for limited dividend housing offered to developers people of Glen Falls hold the Council responsible for damages to their homes from flooding from now onward , if a flood occurs and they discover cranes rushed in to clean out debris from the Creek at Haymarket Square, or any other location, in order to permit the back -up Creek flow out; the Committee feels the of the Community Planning Act to the proposal with regard to re- zoning. Councillors Green and Cave and Mr. Council must be very careful in its decision in this request for re- zoning - the Rocca Group say their C /en F l�s' holding tanks will work - the Commissioner of Engineering and Works of the City says the sewerage system can carry the extra load on fine days - but the Committee has yet to be assured as to what is going to garding the estimated size of the proposed holding tank, and regarding the catch basin for the project, happen on rainy days, and recalls what happened in December 1974 flooding conditions, and feels that had do/ �� /S the city been hit earlier this week by the hurricane that passed by our area Saint John would have exper- ienced a very serious health problem, as well. The Brief concludes by stating that these are only a few MacGowan asked what the rental rates will be for this housing, and Mr. Rocca replied that these controlled of the many problems in the Creek, and asks how long the City Manager expects it would take to completely , /s 1from correct the problem in the Glen Falls area, and how much pressure has he brought to bear on the Provincial authorities to get it corrected. No other persons were present to speak in opposition to the above proposed re- zoning. On motion of Councillor Cave Mr. Patrick Rocca, Chairman and Executive Officer of The Rocca Group Limited, was present in support of the request for re- zoning and pointed out that the only issue, and the real issue, is whether this particular.housing project is needed and desirable for the City of Saint John. In discussing the //�J xveiw (T"af-- various aspects of the proposal and its relation to the Marsh Creek problem, as The Group sees them, Mr. Rocca made the suggestion that a committee be formed of Council to keep communication open with the Glen • Grove Falls residents regarding the Marsh Creek problems. He referred to a letter received by The Group from �o /den the Glen Falls Flood Committee following two meetings The Group held with the Glen falls residents, and �d made reply to points made in that letter. In further remarks, Mr. Rocca pointed out that the housing • proposed by The Rocca Group Limited would be built under financing offered by Central Mortgage and Housing Corporation, this being special financing arrangements for limited dividend housing offered to developers in the Saint John area. Councillor Gould discussed with Mr. Rocca the matter of application of Section 39 of the Community Planning Act to the proposal with regard to re- zoning. Councillors Green and Cave and Mr. C /en F l�s' Rocca discussed details contained in the written submission of The Rocca Group Limited to Council, re- 4re6? garding the estimated size of the proposed holding tank, and regarding the catch basin for the project, do/ �� /S and Mr. Rocca advised that the holding tank by itself would cost in excess of $50,000.00. Councillor d7 � MacGowan asked what the rental rates will be for this housing, and Mr. Rocca replied that these controlled /s 1from rents ought to be an average of $25.00 below market conditions, and that they are for medium income people jC/Qpd ` &.MP . with incomes up to $14,000.00 per year, which is the maximum income allowable. Councillor Davis discussed ' with Mr. Rocca the importance of the construction by The Rocca Group Limited of a sewage holding tank for ' yyJJ /� / ' wts4 (� heeR' the development as well as the storm water run -off holding tank. Mr. Rocca stated that he asked about f 151 this and the engineers told him sewage holding tanks are not practical. Councillor Parfitt discussed the need for rental housing in Saint John, particularly of this proposed type, and felt she would not want to see the City lose out on having a developer take advantage of the special financial arrangements offered by Central Mortgage and Housing Corporation for such housing. On motion of Councillor Cave I Seconded by Councillor Green RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of some 40.4 acres of land with a frontage of approximately 900 feet on the southerly side of Golden Grove��(which Grove contains residential Numbers 210 to 218) and commencing approximately 350 feet easterly of the Westmorland �o /den Road intersection, from "RS -1" One- and Two- Family Suburban district to "RM -1" up to three - storey multiple �d residential and "RM -2" High Rise Multiple Residential districts, be read a second time. • Councillor M. Vincent suggested that the Council might have some answers that it might be able to give to the delegation from Glen Falls and to the people from that area who came here, concerned, and who have been coming to Council for a period of time, concerned about their problems; he thinks that their problems are just and viable and that if the Council members lived in that area they would be concerned, C /en F l�s' too. He asked that the City staff check into the matter of removal of the Likely Bridge with regard to 4re6? whether or not tenders were called in the newspaper last week by the Federal Government for the removal of do/ �� /S this bridge, and the establishment of a retaining wall, and he further asked that the information obtained d7 � such investigation be passed on to the Glen Falls people. With respect to the matter of posting of /s 1from jC/Qpd ` &.MP . signs along the Marsh Creek banks which the Glen Falls people requested, and that notices be made public ' in the paper regarding levying of fines, he asked if it is not reasonable and just that if you are going yyJJ /� / ' wts4 (� heeR' to charge somebody for depositing materials or goods in the Creek, or in any place, or any violations, that you first have to serve notice that it is a violation. Mr. Rodgers replied that it is a requirement f 151 under some statutes and that he is not familiar enough with the Federal Act where it says signs had to be posted before an offence takes place - he noted that signs are required under some Provincial statutes, but that in this particular one, he cannot answer the question, now. Councillor M. Vincent's next question was: if we were going to enforce any type of law that we may have or that may be put into effect in the future, would it not seem reasonable, however, whether the signs are obvious to the public or not from the roadway that we should post signs and serve notice in a local media of some type that it is a violation to , do it? would that not be a reasonable thing? Mr. Rodgers replied that it is reasonable, and it is very often done. Councillor M. Vincent asked that the City Manager check out the possibility of doing that. - Councillor M. Vincent, noting that the Brief from the Glen Falls Flood Committee mentions a fine under the Federal Government laws at the present time with regard to waterways, streams, et cetera and that an amount was mentioned per day regarding such fine, asked if fines can be levied on a civic level as well as on a Provincial basis. Mr. MacKinnon replied that at the last meeting the City had with Mr. Barnes, Mr. Barnes was going to let the City know about this information - the City indicated to Mr. Barnes that there as some indication that fines could be levied by civic employees or persons, or even citizens, and Mr. Barnes and his people indicated that they did not think that this was the case but, however, they would esearch it, having their lawyer research it at the Provincial level, and relay the information to the • �K �G City. In clarification of what he was speaking of, Councillor M. Vincent stated that he wants to know is: can the City of Saint John charge someone for putting refuse in the Marsh Creek -- and he is suggesting F,01 /1ue/ ®I1 that the City should post signs saying it is a violation if they do it, if the City has that authority. �1 // eiV he Deputy Mayor asked that the City Solicitor obtain the answer to Councillor M. Vincent's question in his regard. y ePl1'%SQ I F_ • �v9Ck� 6rid�� Ap -rase 190114f ti o)? 1 Ski ffye. CO1Ii'%i. n • MIPA44s Aeoj�s r- Af owes &-/ oNi) 'AAeco IRld. ;2�vr. $�LGGZ� 651. Councillor M. Vincent then asked if anybody from the City Department made an inspection regarding the Mackay Bridge to confirm that the changes made by Mackays in this bridge are satisfactory, and if so, what is the result. Mr. MacKinnon replied that he made an inspection on this bridge; it is a bridge similar to a number of the trestles that cross the Creek; the Mackay Bridge has a number of vents that are down into the stream - they are wide enough to pass small craft through, however it is not a free span across the width of the Creek and it does restrict the flow - he thinks the intention of the report of Proctor & Redfern was to have all structures in the Creek spans rather than trestle type with structures into the bed of the stream; there was an old one that had been just upstream from the Mackay Bridge and it had come down a long time ago except that it had not been removed - this one has since been removed and quite a bit of debris along the bank was removed - at the present time, it is a bridge similar to others and Mr. Mackay says that at this point in time he has no intention of removing the structure. He added that any structure or anything in the Creek causes an obstruction, and that one does, too, and the situation could be improved by a span, rather than the present type of structure. Councillor M. Vincent asked if letters have been sent to Goodyear Tire and to Abe Levine's requiring that they erect fences. Mr. MacKinnon made negative reply, adding that the letters that have been written to the various people who have been polluting the Creek have been to the effect that they should not do that and that they should clean it up. He advised that this is a new request, that they should actually construct something to retain it; the request that the City Department has made to Levine's (not in letter form) was that they should clean it up and it was his understanding that they did comply with that, as did other companies that we approached the only one we have not had a response from is Goodyear; he has written locally to Goodyear and to that com- pany's head office in Toronto in this matter. Councillor M. Vincent asked if there is an inspector appointed by the City to keep watch along the Creek to see that it is kept free of obstruction - who he is - how often he checks the Creek - and if he is going to be kept on. Mr. MacKinnon replied that the Division of the Works Department that has been doing the cleaning of the Creek is the Construction Division which is supervised by a Superintendent, Mr. MacRae, and that particular Division, again, is being supervised by a Chief Engineer and subsequently, by the Commissioner, so at all of those levels the man is doing the supervision or inspection of the Creek - he is doing it approximately weekly at various locations and he sends a man along - however, the (actual cleaning of the Creek is done as it is necessary and when obstruction is noticed. He stated that he has indicated to bir. Rocca that this is part of Mr. MacRae's duties and that he did not feel it was necessary to make an appointment of an inspector of the Creek; this man makes usually an oral report to the Commissioner from these inspections, as to his findings and what he sees, on a regular basis. Councillor Cave referred to the section of the Brief from the Glen Falls Flood Committee which discusses the placement of trailers in the trailer park at 514 Rothesay Avenue, stating he would like to have the area checked, because unless they put them there last night there is something wrong; he would like to find out how many square feet are in that particular areaand how far it goes down the Rothesay Avenue. He added that it does not go to the Westmorland Road; to the best of his recollection it goes in approximately 800 feet. Councillor A. Vincent recalled that some weeks ago he asked that the Council members be supplied with a great wealth of information concerning the Marsh Creek that was in the records of the Great Marsh Commission of the former Municipality of the City and County of Saint John. He asked that the City Manager tell him if anything can be done and if he has done something, where does it stand now, and when can Councillor A. Vincent get the report he asked for. He added that there is a wealth of information that the Marsh Creek problem has been there for many years, and that the whole source of the flooding condition commences in Kings County, and that this information was sought and paid for by the former Municipality of the City and County of Saint John, at a con- siderable cost. He stated he cannnot see why this Council cannot get a copy of that information, which included plans, and run -off information, et cetera. Mr. Barfoot replied that he does not recall the specific request about the annals of the Great Marsh Commission; however, the Works Department has in its possession the last major report on the Marsh Creek which he believes was commissioned by the Municipality and was done in 1948 by the late Mr. D. 0. Turnbull, and this report was utilized in the preparation of the Proctor & Redfern report. He pointed out that there have been a large number of changes in the Marsh Creek since 1948 and any information prior to that really is of historical value and not too much use in analyzing what can be done at the present time. He stated he is not sure where the annals of the Great Marsh Commission might be resting, apart from the engineering reports that were prepared for the Commission from time to time. He added that the Great Marsh Commission in recent years really consisted of three men who cleaned out the ditches, and there was not much else done. Mr. Barfoot advised that a copy of Mr. Turnbull's report can be made available. Councillor A. Vincent replied that he believes he is going deeper than Mr. Turnbull's report in his request for information. The Deputy Mayor suggested that we start with the copies of the Turnbull report, and Councillor A. Vincent made affirmative reply. Councillor A. Vincent then stated he would like for the Common Clerk to make a research of the records and give a copy to the City Manager of when he asked for the report several weeks back, and then take it from there, because he thinks there is valuable information in the Great Marsh Commission records. The Deputy Mayor replied that what Councillor A. Vincent asks for can be done. The Common Clerk pointed out that the records in question were those of the Municipal Council and the Common Council did not inherit all the records of the Municipal Council at the time of amalgamation. The Deputy Mayor replied that we will make sure that this information is located. Councillor Green felt that files on the Marsh Creek spoken of by Councillor A. Vincent, have been stored in the Provincial files in Fredericton. Councillor Pye stated that although there is a dire need for additional housing, it would seem extremely inhumane to correct this condition at the well -being and the peace of mind of the residents of Glen Falls by permitting this proposed project to come into being. Councillor Kipping advised that he voted against the rezoning application made by Alpha Investments & Agencies Limited for its proposed development in this area for the reasons that he does not think we should put any more development in that area until the flooding problem is solved, and that there is one significant dif- ference between that development and the proposal made by The Rocca Group Ltd. under discussion - that difference, to him, is that these developers are making provision to overcome the basic problem that is there and which is recognized by both the residents and by the said developer; he is inclined to believe Mr. Rocca when he says he feels that the residents are upset about the City's inaction. Councillor Kipping stated he does agree that the City has been inactive, and he thinks that we all share a certain amount of blame for inaction, here. He thinks there has been a breakdown in communication with the Glen Falls there which he feels the Council should act to rectify, as quickly as it can. He added that he is inclined to favour this proposal of The Rocca Group Ltd. because the efforts that are being made to overcome the problem are significant and they are spelled out very clearly, whereas in the Alpha proposal there was no spelling out of any way of overcoming the problem, which is the core of the whole matter. Councillor A. Vincent discussed the matter of what commitment the Provincial Government may have made towards the Marsh Creek study. Mr. Barfoot stated that in the report he made to Council in this regard at the Council meeting of July 28th last he said that the City and the Provincial Department of Environment are cur- rently working closely on the matter of further engineering studies and a recommendation on the further consulting work to be cost - shared with the Province will be coming to Council shortly. As he recalled it, he emphasized that discussion had taken place at a staff level in this mtter. Councillor A. Vincent stated he wished to know whether the figure of $50,000.00 was used in the discussion, as being the Province's commitment in the said cost - sharing. 14T. Barfoot confirmed that the sum of $50,000.00 was the figure but the Provincial staff, as does the City staff, makes note that they have no authority to commit such funds until they have the approval, and the City Manager has the approval, of their respective senior authorities. Question being taken, the motion was carried with Councillors M. Vincent and Pye voting "nay" Consideration was given to the letter, dated July 28th, 1975, from the Planning Advisory Com- 0OC4Cm eat mittee, recommending that the above named area be so re- zoned, the said company proposing to erect two 12- 44fn %rpri ses unit apartment buildings on this land, which cannot be done until the re- zoning is completed and the company has made satisfactory arrangements with the City for an 8 -inch water main from Sandy Point Road. No person was present to offer comment on the proposed re- zoning. �D 7►f m, On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land commencing 70 feet west of the intersection of Sandy Point Road and Thornbrough Street and running westerly Re— z O h ,"" on Thornbrough Street approximately 300 feet with a depth of approximately 102 feet from "R -2" One- and , Two - Family Residential to "RM -1" up to three- storey multiple residential district, and an adjacent area to its west approximately 400 feet from "R -1B" One - Family Residential district to "RM -1" up to three - storey multiple residential district, be read a first time. Councillor A. Vincent asked who are Document Enterprises Limited, to which the Common Clerk replied that the application for re- zoning was signed by B. R. Belyea and A. R. Belyea. Councillor MacGowan stated that this is another re- zoning matter that she would like to see be pursuant to Section 39 of the yew Community Planning Act, with some restriction that if this building does not take place within a certain n��• e�Llea time that the original zoning is again effective, thereby automatically reverting to such original zoning. J She asked for information regarding the said 8 -inch watermain: would the developer be installing it in its entirety, would the City be installing it, or would it be cost - shared, and how much would it cost if the • City had to do it. Mr. Barfoot replied that, normally, this would be the subject of either the City cost - sharing in the water materials, and if that is the case there will be a recommendation coming to Council in this regard. Mr. Zides, in reply to Councillor MacGowan's question as to whether this re- zoning can be done under the said Section 39, stated that it can be done that way - he thinks what it would mean would e that the Council would have to re -zone under Section 39 and place a time limit on the development, and Read a second time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". • On motion of Councillor Gould DD /! I eew G'rO/G� Seconded by Councillor Cave RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of some 40.4 acres of land with a frontage of approximately 900 feet on the southerly side of Golden Grove Road (which /�O/P/� /+Q�/e f7 /e contains residential Numbers 210 to 218) and commencing approximately 350 feet easterly of the Westmorland "RS Road intersection, from -1" One- and Two - Family Suburban district to "EM -1" up to three - storey multiple 71?K • residential and "EM-2" High Rise Multiple Residential districts, be read a third time and enacted and the Corporate Common Seal affixed thereto. , Question being taken, the motion was carried with Councillors M. Vincent and Eye voting "nay ". The by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", was read in its entirety prior to the adoption of the above resolution. On motion of Councillor Kipping Seconded by Councillor M. Vincent RESOLVED that a committee of Council be established immediately ' as an interim committee to communicate with the residents of Glen Falls on the Marsh Creek problems. C.%vek Councillor Davis stated that he personally feels that the Council should be appointing its Na7rs,4 Council committees and that one of those committees will be a committee which deals with Engineering and /ems Works, and it seems to him that those four Councillors should be deeply involved with all the engineering ��6 l and works in the city, and it would be a duplication of efforts to have a specific committee devote its PG O / �7'/rA610 / time to this one engineering problem. Councillor Kipping replied that he considered that point before making the motion, and he feels that because that is going to be delayed at least a few weeks, apparently, he thinks this proposed interim committee can be formed now and should be formed now because the obvious lack is communication - then, it may be passed over to the committee which Councillor Davis has correctly • said will be able to deal with this kind of matter. Councillor M. Vincent stated that he has the same view as Councillor Kipping regarding this interim committee being set up, and that it might go a long way to helping to appease those residents who have been faced with some problems, and it is certainly going to go a long way to help the developers, whether they have an easy time or a hard time to get land re -zoned before this Council; he feels that the whole problem has been one of communication in this matter. Councillor Cave stated he has to vote against the above motion because he is of the opinion that we must go to Fredericton first and get the information that we seek because we cannot tell the Glen Falls people anything more than we have told them at this meeting, regarding the Marsh Creek problem. Councillor Hodges, with respect to the matter of communication with the Glen Falls people in this matter, stated he feels that this committee should have been established, long ago, and not established for the future, within the next couple of weeks. Question being taken, the motion was lost, a tie vote having been created with the Deputy Mayor and Councillors Kipping, M. Vincent, MacGowan, A. Vincent and Eye voting "yea" and Councillors Hodges, , Cave, Green, Gould, Davis and Parfitt voting "nay". Councillor MacGowan recommended that the inspector of the Marsh Creek make his report in writing to Mr. MacKinnon and then we have something concrete to follow through on. The Deputy Mayor asked that %n 5/ Ohs this suggestion be taken under advisement by the Commissioner of Engineering and Works. On motion of Councillor Gould Seconded by Councillor Hodges J �lah�•�R v� S' RESOLVED that the above named correspondence from the Planning Advisory Committee and from the Glen Falls Flood Committee, be received and filed. rC'oM/+►- G /eri t'O �/S The Common Clerk advised that the necessary advertising was completed regarding the proposed re- F/Opa/ 049n7M zoning for Document Enterprises Limited, of an area of land commencing 70 feet west of the intersection of • Sandy Point Road and Thornbrough Street and running westerly on Thornbrough Street approximately 300 feet with a depth of approximately 102 feet to "RM -1" up to three- storey multiple residential classification, and an adjacent area to its west approximately 400 feet to "RM -1" up to three- storey multiple residential classification, and that no written objections were received thereto. Consideration was given to the letter, dated July 28th, 1975, from the Planning Advisory Com- 0OC4Cm eat mittee, recommending that the above named area be so re- zoned, the said company proposing to erect two 12- 44fn %rpri ses unit apartment buildings on this land, which cannot be done until the re- zoning is completed and the company has made satisfactory arrangements with the City for an 8 -inch water main from Sandy Point Road. No person was present to offer comment on the proposed re- zoning. �D 7►f m, On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ", insofar as it concerns re- zoning an area of land commencing 70 feet west of the intersection of Sandy Point Road and Thornbrough Street and running westerly Re— z O h ,"" on Thornbrough Street approximately 300 feet with a depth of approximately 102 feet from "R -2" One- and , Two - Family Residential to "RM -1" up to three- storey multiple residential district, and an adjacent area to its west approximately 400 feet from "R -1B" One - Family Residential district to "RM -1" up to three - storey multiple residential district, be read a first time. Councillor A. Vincent asked who are Document Enterprises Limited, to which the Common Clerk replied that the application for re- zoning was signed by B. R. Belyea and A. R. Belyea. Councillor MacGowan stated that this is another re- zoning matter that she would like to see be pursuant to Section 39 of the yew Community Planning Act, with some restriction that if this building does not take place within a certain n��• e�Llea time that the original zoning is again effective, thereby automatically reverting to such original zoning. J She asked for information regarding the said 8 -inch watermain: would the developer be installing it in its entirety, would the City be installing it, or would it be cost - shared, and how much would it cost if the • City had to do it. Mr. Barfoot replied that, normally, this would be the subject of either the City cost - sharing in the water materials, and if that is the case there will be a recommendation coming to Council in this regard. Mr. Zides, in reply to Councillor MacGowan's question as to whether this re- zoning can be done under the said Section 39, stated that it can be done that way - he thinks what it would mean would e that the Council would have to re -zone under Section 39 and place a time limit on the development, and I 65.3 go from there. The Deputy Mayor asked that Mr. Zides take Councillor MacGowan's idea under advisement and come back to Council with a recommendation. Mr. Zides replied that he will do so. • Read a first time the by -law entitled, "A Law to Amend The Zoning By -Law of The City of Saint John and Amendments Thereto ". On motion of Councillor Gould /�e ,V.71/P5­60 Seconded by Councillor M. Vincent RESOLVED that in accordance with the recommendation of the City 4 PAC OP Manager, authority be granted to have repairs carried out by Tractors & Equipment, Ltd., in the amount of $11,000.0 to the D -7 Caterpillar tractor of the Engineering and Works Department. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the item in the Committee of the Whole section of the n agenda of this meeting, relative to the Report of the Conciliation Board with respect to the Saint John Civic Employees', Local No. 18, C.U.P.E. Working Agreement 1975 -1976, be taken from Committee of the Whole and dealt e with at this time. ' On motion of Councillor Cave Seconded by Councillor A. Vincent ®y�j0 RESOLVED that the Report of the Conciliation Board with respect to the Saint John Civic Employees', Local No. 18, C.U.P.E. Working Agreement 1975 -1976, and amendments thereto, be approved by the Common Council and that the Mayor and Common Clerk be authorized to execute the said Agreement. �/✓/�llOML The Deputy Mayor asked that an item be placed on the agenda of this meeting regarding attendance at the " i Recreation and Parks Association conference. &10 ,01r1My On motion of Councillor A. Vincent �pYJ��/ Seconded by Councillor Gould RESOLVED that the above named item be placed on the agenda and considered at this time. On motion of Councillor A. Vincent Seconded by Councillor Gould j2p RESOLVED that in accordance with the request of the Deputy Mayor, he be granted permission to represent the Mayor and Common Council at the conference of the Recreation and Parks Association that will be held in Quebec City from August 10th to 14th, 1975• /7SSOG°. Councillor A. Vincent stated that he has to abstain from attending the Committee of the Whole meeting ' that was to follow this meeting of Council, and explained that he felt this way because he could go to the Keddy Motor Inn tomorrow and hear everything that took place at the meeting from former Mayor Robert Lockhart. He //oo nn stated that Mr. Lockhart met him, in the presence of five other people, at the said Motor Inn about 8.05 or 8.10 C.BL6�1• d7• and quoted word for word what certain Councillors had said in Committee and openly bragged that within ten hCePj�- minutes of this Committee of the Whole meeting he would get a 'phone -call and be told what was said. Councillor A. Vincent stated that, for one thing, he is not going to go to the eighth floor and be told what went on or Am�� guess what went on, and be told by the ex -mayor of this city what took place in Committee of the Whole; the - �oe��� refore, Councillor A. Vincent would like to be excused from Committee of the Whole. Councillor A. Vincent proposed a motion that the Council have an inquiry under oath of the last Com- mittee of the Whole, and be conducted by a Supreme Court Judge of just where the "leak" is, and who called, and what they said and what they did not say. Councillor M. Vincent seconded the motion. He added that what he wants is, to find out if we can have under the Chief Magistrate of this'city an inquiry under oath, and bring Mr. Lockhart in and those other people in whose presence Mr. Lockhart made the statement (namely:- Judge Thomas Bell, / Mr. Larry Bell, Mr. Jim Pineo, Councillor A. Vincent and other people who were there but Councillor A. Vincent •re does not remember who they were) - Mr. Lockhart said it in the presence of many honourable people, that within (%� Co/1„»• ten minutes he knows what is going on in this Council meeting. Councillor A. Vincent stated that Mr. Lockhart �� B /@ �� should not have said it, unless he wants to take it up under oath. He stated that Mr. Lockhart questioned whether Councillor A. Vincent questioned the Omega law suit; that Mr. Lockhart questioned Councillor A. Vincent �oO /�grj_ what Councillor A. Vincent said to Mr. George T. Clark, Q. C., Senior Legal Counsel, and what someone else was supposed to have said to Mr. Clark. Councillor A. Vincent stated he wants to know if the Council has authority to have such an inquiry, as proposed in his motion. In reply, Mr. Rodgers stated that is a valid request that Councillor A. Vincent is making, to have it investigated, whether that inquiry can be made to look into that problem that he is raising -- his answer to that question is, "yes ". The Deputy Mayor asked Councillor A. Vincent to refer that motion to the Legal Department for a report. Councillor A. Vincent agreed to do so. ' On motion of Councillor Gould Seconded by Councillor MacGowan RESOLVED that the above motion be laid on the table until it be referred /y'�,r,0 to the Legal Department for a report. Councillor A. Vincent stated that he wants to make it clear, and he made it clear to Mr. Robert Lockhart, that Councillor A. Vincent does not tell tales out of Committee of the Whole or Legal Session, and it is unfair to try to blame somebody for this. He stated he does not know who is doing this. 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