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1991-03-18_Minutes 82-843 COMMON COUNCIL MARCH 18, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of March, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. D. Wilson, Acting City Manager; F. Rodgers, City Solicitor; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; 1. Totten, Deputy Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; J. Johnson, Building Inspector; R. McDevitt, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; C. Campbell, Manager - Policy Planning; J. Baird, Manager - Development Division; B. Malone, Planner; B. Mcintyre, Personnel Officer; Ms. M. Chaperlin, Planner; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on March 11, 1991, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed March 18 to 24 to be Racial Harmony Week in the City of Saint John, following which Dr. R. N. Popat, Chairman of the Working Group on Multiculturalism and Race Relations, in recognizing the presence in the Council Chamber of Group members Grace Kern, Carl White and Councillor Coughlan, as well as support staff Messrs. Groody and McCarthy, commented on the Group's activities to date. Councillor Rogers, on behalf of Moosehead Skate To Care '91, presented to the Mayor a photograph of the opening ceremonies of the 1991 Skate in appreciation of the City's continuing sponsorship of the event. Mr. Ken Spink of Inspirational Graphics presented to the City three framed prints of his award-winning advertisements produced for the cover of The Community Profile and for two other magazine advertisements for the Economic Development Department. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the New Brunswick Protestant Orphans Home property at 1100 Sand Cove Road (L.R.I.S. Number 429738), containing approximately 30 acres, from "RF" Rural to "R1-B" One-Family Residential, "RM-1" Three-Storey Multiple Residential and "RS-2" One- and Two-Family Suburban Residential classification, to permit a subdivision and development of the property comprising one-family dwellings and townhouses, as requested by Manford M. Thompson Construction Company Limited, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee explaining that it revised the recommendation in the submitted Planning staff report to include Section 39 conditions regarding the above-proposed townhouse development, and is not recommending the subdivision at this time pending the resolution of the trunk sewer problem; and recommending that the proposed re-zoning be approved on condition that the City undertake the necessary capital improvement to remedy the problem with respect to the surcharging of the sanitary and storm sewerage 82-844 COMMON COUNCIL MARCH 18, 1991 onto the subject property within a timeframe acceptable to the applicant and subject to a resolution pursuant to Section 39 of the Community Planning Act: (1) restricting the use of the "RM-1" portion of the subject site to a maximum of 28 townhouse units each having a maximum of two storeys; and (2) requiring that the "RM-1" portion of the subject site be developed in accordance with a detailed site plan, landscaping and fencing plan and building elevation drawings submitted to and approved by the Planning Advisory Committee at the time of the subdivision. Mr. Paul Price of 133 Allingham Crescent spoke in opposition to the above-proposed development and, having clarified that his objections are related to the revised proposal, read from a prepared brief (copies of which he distributed to Council members at this time), expressing concern about the manner in which the two different proposals were presented to the Planning Advisory Committee and advertised, the exchange of mainly good dry green space for low wet marsh land, the changing of a walkway to a thoroughfare that the City will not maintain, based on past practice, and the effect of the proposed subdivision on an already-overloaded sewerage system in the area. In response to Councillor M. Vincent's query concerning the propriety of the public advertising as broached by Mr. Price, Mr. Rodgers advised that it would be necessary for him to examine the matter prior to giving an opinion and suggested that Council proceed with the public hearing at this time and, if any readings are given, he would submit an opinion prior to third reading at Council's request. Mr. Leo Maloney of 110 Allingham Crescent appeared in opposition to the proposed re-zoning of the subject property and advised that, of the two proposals, he would prefer the second proposal with the inclusion of the recommendations of the Planning Advisory Committee which decrease the number of units in the subdivision and, as well, appear to make some reference to the development of a park, although there is a question as to whether or not the centre section of green area in the second proposal will actually be developed or if it would only be available for development at a later date, and that, if the latter is the case, in his opinion the proposal is not acceptable due to the fact that the area is open and swampy and contains a back-up of public sewage, which results in an odour. Mr. Bedford, in response to Mr. Maloney's question about the plans for development of a park, advised that the current process with respect to land for public purposes is to accumulate the land and develop it as part of the priorities of the Recreation and Parks Departments, although there is no indication of that priority at the present time; and Mr. Maloney clarified that his reference to the second proposal as being to the revised proposal. Mr. J. Strong of 30 Driftwood Lane addressed Council and, having clarified that his appearance at this time is not to oppose the proposal but rather to express concerns on behalf of residents of Sand Cove Estates and, referring to the concerns expressed in a copy of a letter submitted with the above correspondence from the Planning Advisory Committee, expressed the understanding that the issue with respect to storm and sanitary sewers is to be reviewed and resolved so as to ensure that future backup and flooding will not take place in the area and, with regard to the number of units per area, it is now understood that the number of single-family dwellings will be reduced from 111 to 98 units and the townhouse units will be reduced from 37 to 28 units, and also that it appears as if the concerns respecting the "RM-1" unit structure and "RM-1" unit and play area location have been addressed in that the Planning Advisory Committee agreed that the "RM-1" specifications should be restricted to two-storey townhouse units, and that fencing should be constructed between the properties of Sand Cove Estates, Driftwood Lane and the new "RM-1" development at the developer's expense; and noted the concerns with respect to assessed property value, the lay-out of the "RM-1" townhouse development, the common area size, and a tree-planting program. Mr. Strong requested that the Committee and Council give serious consideration to and take appropriate action based on the residents' recommendations. Mr. Bedford clarified that, while the Planning Advisory Committee understood the specific concerns raised, the site plan will require final approval, including the location of the playground, landscaping and fencing, but the type and 82-845 COMMON COUNCIL MARCH 18, 1991 style of the units was not defined by the Committee. Mr. Manford Thompson, President of Manford M. Thompson Construction Company Limited, appeared in support of his application for the re-zoning of 1100 Sand Cove Road, and explained that, having in January 1991 submitted a plan for re-zoning the subject property at which time he was unaware of a sewerage problem, mid-way through the process an alternative plan was proposed exchanging land for public purposes. Mr. Thompson expressed his willingness to change his subdivision plan, and advised that it is his intent to start Phases 1 and 2 of the development this year, which would consist of approximately 30 or 40 houses and, as he does not want to delay the development for 5 years, he is hopeful that the City will see fit to resolve the sewerage problem, if not this year, in the 1992 Capital Budget. During discussion Mr. Thompson explained that his proposed development involves approximately 30 acres at an estimated development cost in excess of $10.5 million for an estimated 130 units in the $80,000 to $85,000 range, to be completed over 3 to 5 years depending on market conditions, and that, while there is an over-supply of high-priced houses in the City of over $100,000, there is no new housing available in the lower price range thus creating a market for his proposed houses of the $60,000 to $80,000 price range; and he advised that it would be his intent to commence the development with the construction of single-family dwellings and that to resolve the land for public purposes issue through discussion with the Recreation, Parks and Planning Departments before filing of the subdivision plan, and that the residents will have an opportunity to address their concerns with respect to the townhouse development when he submits a subdivision plan to the City for this portion of the project. Mr. Peter Daniels of 46 Larsen Drive, appeared in support of the proposed re-zoning and, having advised that he is the Past President of the New Brunswick Protestant Orphans' Home, noted the presence in the Council Chamber of Mrs. Stevenson and Mr. R. Park, current President and Chairman of the Finance Committee, respectively, of the Home. Mr. Daniels expressed the opinion that the applicant is proposing a project that suits the site in question and provides good housing of which the City has a great need; and commented on the Home's purchase of the Sand Cove Road property several years ago on which to construct a children's village that had to be abandoned due to a change in government policy and its desire to sell the land in order to increase its grants annually to assist children. Mr. Daniels advised that, with the signing of an agreement with the City for a City-requested right- of-way through the property in question for an additional sewerage line, the land was advertised for sale with Mr. Thompson having come forward to purchase it; and expressed the understanding that there is now a problem with the sewerage line that crosses the property in that it is not in good order and effluent is being dumped on the land, which means that, without repairs to the existing line or installation of additional lines to accommodate development, the property is not very valuable; and he requested that Council approve the re-zoning and take steps within a reasonable time to provide adequate infrastructure for all the properties in the area. Mr. Hodges Hamm of 199 Horsier Drive spoke in support of the proposed development and expressed the opinion that the applicant has designed a proposal which would allow persons to remain in the City by providing affordable dwellings, and advised that there is need on the West Side for the type of housing proposed as the existing situation for affordable lots is not good. Mr. Hamm, as a realtor, asked Council to continue supporting development in the City and to install a sewer system in order to provide development that is needed in the City. During ensuing discussion, Mr. Robichaud advised that the above sewerage project is not recommended for inclusion in the 1991 Water and Sewerage Budget and it is the intent, although the easements required to install the service have been purchased and the design is completed, for staff to obtain more details with respect to possible funding and report to Council and, with respect to cost, it is staff's estimate that to install the entire line up to the subdivision and beyond would cost $700,000 and to the subdivision alone would cost in the order of $500,000, and confirmed that the completed Lancaster sewerage lagoon system will be able to accommodate the proposed development; and Mr. Armstrong advised that staff foresees no traffic problem with the proposed development and, although there has been some discussion of traffic concerns at the corner of Sand Cove Road and Bleury 82-846 COMMON COUNCIL MARCH 18, 1991 Street, the total development proposed would add in the range of 800 vehicles per day to an approximate 2,000 vehicle count, which is considered quite low. Mr. Bedford made the observation that the issue before Council is a proposed re-zoning, with the subdivision to be the subject of future recommendation on the subdivision process, and clarified that it is not the intent to change the situation with respect to the right-of-way in that it will still be for the use of pedestrians and service vehicles only and that, concerning the open space lay-out and in discussion of how best to utilize the approximate 6 acres of undeveloped City land, it was considered appropriate, in view of available active play facilities in a nearby school yard, to use this land in a different manner and it is therefore proposed to exchange the 6-acre parcel for land currently within the subdivision providing for a total of 10 acres of land for public purposes with more accessibility to all of the lots, as well as to the existing townhouse lots, and further that the concerns about the low swampy area will be corrected with the correction of the sewerage drainage concerns as a new subdivision would be properly and adequately drained. Mr. Bedford also clarified that, with respect to the townhouse development, the zoning proposed would permit approximately 10 to 12 houses per acre, while, if the standard townhouse zoning were approved for the site, 15 units per acre would have been approved, and that conditions have been applied to the townhouse development, with Council to have an opportunity to consider the proposal in a further subdivision process. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the New Brunswick Protestant Orphans' Home property at 1100 Sand Cove Road (L.R.I.S. Number 429738), containing approximately 30 acres, from "RF" Rural to "R1-B" One- Family Residential, "RM-1" Three-Storey Multiple Residential and "RS-2" One- and Two-Family Suburban Residential classification, be read a first time. Councillor M. Vincent asked if it is the intent of the above motion to take into consideration the Planning Advisory Committee's recommendation for Council to approve the proposed re-zoning on condition that the City undertakes the necessary capital improvement to remedy the sewerage surcharging problem, and Mr. Rodgers expressed the opinion that, having listened to the above speakers and in reviewing the Committee's recommendation, Council should table this matter and request a legal opinion on the question of separating what can be done legally from the administration, that is the expenditure of public funds which is part of the recommendation, in order to determine the order in which to proceed. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table for one week for a legal opinion. Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to condition (a) imposed by Council resolution of May 24, 1988 pursuant to Section 39 of the Community Planning Act which limited the subdivision at 3840 Loch Lomond Road to a maximum of 6 lots, to permit the creation of four additional lots along a further extension of the Morrison Road to the Airport property boundary, as requested by Hughes Surveys & Consultants Ltd. on behalf of Mr. Louis Doucet, and that a petition of objection was received from the residents of Morrison Road. No person was present to speak in opposition to or in support of the proposed amendment. Consideration was given to a letter from the Planning Advisory Committee advising that the submitted Planning staff report was considered on March 12 at which time the above application was tabled at the request of the applicant to allow him an opportunity to discuss the issue with the Department of Municipal Affairs and Environment, and recommending that the public hearing take place but the item be tabled until a recommendation can be made by the Committee. 82-847 COMMON COUNCIL MARCH 18, 1991 On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, the application of Hughes Surveys & Consultants Ltd. on behalf of Mr. Louis Doucet for an amendment to the May 24, 1988 Section 39 resolution with respect to the re-zoning of 3840 Loch Lomond Road, be laid on the table until a recommendation can be made by the Committee. Question being taken, the tabling motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 136 Rockcliff Street (L.R.I.S. Number 317396), from Low Density Residential to Light Industrial classification, to permit the continuing use of the property for a business providing parts, repair and sale of small engines, including lawn mowers, trimmers, garden accessories, snowblowers and parts for same, as requested by William J. and Jessie E. Howe. Mr. Stephen D. Carson, Chairman of the Orange Street Preservation Committee, addressed Council concerning the keen interest demonstrated by Orange Street residents in the development of their neighbourhood and their wish to remain actively involved in the process in line with the recommendation of the Comeau MacKenzie Study which stated that "while public landscaping, sidewalks and street elements are utilitarian in nature and for the most part are at the end of their useful life span, there exists a unique opportunity for sensitive streetscape enhancement. Particularly in light of the unique view lines from the street, the varied topography and the strong sense of resident pride in the community, enhanced sensitive improvements would give the streetscape a stronger presence." Mr. Carson, in expressing the understanding that the 1991 Capital Works Program will be finalized shortly, requested that the Committee be afforded the opportunity to meet with representatives of the Engineering, Planning, Parks and Traffic Departments of the City of Saint John as well as representatives of civic hydro and the Preservation Review Board, at the earliest possible date. The Mayor suggested that, while there would be no problem with the Committee discussing matters such as traffic patterns and the increase in green space, it would be unfair to indicate that the City will consider underground wiring in either of 1991 or 1992, and Mr. Wilson advised that staff is prepared to meet with Committee representatives, although not with respect to the Capital Budget until it is approved by Council; and Mr. Carson clarified that he is not asking that millions of dollars be expended on Orange Street, but rather that, if capital funds are to be expended on Orange Street, residents be given an opportunity for input into the matter. The Mayor advised Mr. Carson that the Acting City Manager would contact him in this regard. Dr. Gary Davis, Chairman of the Organizing Committee of the Community Workshops, "Working Together For A Greater Saint John", expressed appreciation to the sponsors and participants of the four community workshops held in Saint John in November 1990, which is the subject of the previously-submitted report describing the results of the workshops, the purpose of which was to involve citizens in identifying key issues and recommending actions for the social development goals; presented slides depicting the theme and nature of the workshops, and referred to the participants' recommendations which resulted from small group discussions around the following six topics: arts and culture, education, health, housing, recreation and parks, and safety and security. Following addresses by Suzanne Bonnell, Reverend Walter Williams, Carolyn Bertin and A. Goss in which they highlighted the results of results of the workshops held in North End, South End, East Side and West Side, respectively, Dr. Davis, on behalf of the Organizing Committee, recommended that Common Council (1) distribute the "Summary of Issues and Recommended Actions" from these workshops to appropriate departments, committees, commissions and other organizations for review, feedback and action, as appropriate; (2) support a continuation of the community consultation process begun with these workshops; (3) appoint one of its 82-848 COMMON COUNCIL MARCH 18, 1991 members to the Organizing Committee; and (4) continue to formalize the "community involvement" process in carrying out all four themes of the Strategic Plan, namely, Economic Development, Environment, Social Development and City Hall/Community Involvement. Dr. Davis concluded that the participants considered the process to be worthwhile, which is likely to be true in the future as well; the Organizing Committee saw the endeavour as a success because it got to the grass roots; and the participants made meaningful contributions, although there is still a huge untapped potential for gathering useful information which would provide Common Council and others with an opportunity to find out early what residents think is important, and suggested that this process can provide an important in-between step for citizens who want to state their views and do not like to appear singularly before governments or government committees, to do so in this manner, and that the workshop process and other forms of public discussion give people the opportunity to play an important part in the community's life. The Mayor thanked the members of the Organizing Committee for their efforts in the completion of the above report, and Dr. Davis commented further on the expressed need for a system through which individual members of the community can voice opinions to the municipality, other than through personal contact with City representatives and, with regard to the value of the community workshop process, suggested that approaching the public in this manner is important in obtaining answers to questions and to get the whole community working together in a manner in which residents realize that they do participate in some way in what happens in their City. (Councillor Coughlan withdrew from the meeting during the above discussion.) On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the members of the Organizing Committee for the Community Workshops be thanked for their efforts on behalf of the City of Saint John and that Council adopt the four recommendations contained in the Executive Summary of Community Workshops Report, "Working Together for a Greater Saint John". Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that, with regard to the presentation by the Chairman of the Orange Street Preservation Committee, the Acting City Manager arrange a meeting with representatives of the Committee as soon as possible. Question being taken, the motion was carried. (Councillor Coughlan re-entered the meeting.) Consideration was given to a report from the Acting City Manager regarding the major importance of the City's uptown in terms of business, culture, heritage, recreation, tourism, shopping and housing, and the purpose of an Uptown Strategy so that the Uptown can effectively play its role as the City centre for Saint John and the Regional Centre for Southern New Brunswick; explaining that the Uptown Strategy would be similar to other strategies and management plans being contemplated or in progress, such as the Economic Strategy, the Open Space and Recreation Masterplan and the Tourism Strategy; however, it will be more comprehensive as it will combine many elements related to the above-mentioned City- wide plans but in more detail for the City centre; and elaborating on the following proposed steps in the process for developing the Uptown Strategy: Phase I - Trends and Opportunities for the Uptown; Phase II - Objectives and Concepts for the Uptown; Phase III - Action Plan Components; Phase IV - Implementation; and Phase V - Monitoring and Update. The report submits an overview of the process; and recommends that staff continue the process to produce an Uptown Strategy. 82-849 COMMON COUNCIL MARCH 18, 1991 Mr. Bedford noted that the Goals For Saint John identified the importance of the continuing development of the City's uptown, and suggested that, in view of the proposed development of this area within the next two or three years with the construction of a civic centre, the Bi-Capitol Project, the Federal Government's proposed renovation of the Post Office building on Prince William Street for office space, the Mercantile Centre, the City needs to position itself so that it can move forward and take advantage of these developments. Mr. Campbell presented slides depicting the process through which the City will develop the process for an Uptown Strategy. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the above report from the Acting City Manager regarding an Uptown Strategy be received and filed. Question being taken, the motion was carried. Read a letter from the Acting City Manager advising that the request for a grant by the Saint John Branch No. 14 Royal Canadian Legion Curling Team, which was considered at the last meeting, falls outside the authority given to either the City Manager, the Recreation & Parks Advisory Board and the Major Tournament Committee and as indicated when the recent policy was presented, there are going to be such requests and Council will have to treat each on its own merit, and noting that Council has approved an amount of $200 in the last month to each of three local curling teams that were attending national curling championships and the request at hand is for just such assistance. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, the City provide a grant of $200 to the Kirk Trenholm Curling Team to represent Saint John at the National Curling Championships for the Royal Canadian Legion. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the Acting City Manager advising that staff's previous recommendation to Mr. William Reynolds' request for snow plowing services to a road off the Old Rothesay Road, which was the subject of a second request on December 27, 1990 from Mr. William Reynolds with respect to the Lime Kiln Road, was that the City not provide the service requested, on the basis that it is not the City's practice to commence servicing streets, roads, rights-of-way, lanes, etcetera unless they meet the following criteria: (a) have been constructed to the City standard and have been accepted by the City as City streets; and (b) have historically been plowed by the City, but are not included in (a) above, such typically being roads which were serviced by the Province before amalgamation and continue to be serviced by the City; also advising that the road in question is across from the Brookville United Church on Rothesay Road and is approximately 250 feet from Rothesay Road to the railroad tracks and approximately another 300 feet from the tracks to the last house requesting a service; and recommending that the City not provide the service requested -- be received and filed and the recommendation adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb 82-850 COMMON COUNCIL MARCH 18, 1991 Seconded by Councillor Gould RESOLVED that the report from the Acting City Manager concerning excavation permits, in response to Council's December 1990 request; advising that 15 applications were received in 1990 of which 1 was rejected, 2 were not fully processed, 2 were approved but an acceptable bond was not received, and 10 permits were issued; and listing the pits on which rehabilitation was started or completed in 1990 -- be received and filed. Mr. Johnson advised that staff anticipates submitting a report to Council in April on the matter of accepting bank credit notes or cash rather than bonds. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, money or a surety bond in the amount of $196,000 be accepted from Grove Road Construction (1986) Inc. as security to ensure the rehabilitation of the gravel pit located at 2740 Golden Grove Road. Mr. Johnson explained that, in past years, bonding estimates were done based on the cost seen at that time; however, the above bond estimate reflects what would be paid in 1993 and includes GST as well. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, money or a surety bond in the amount of $8,000 be accepted from Thomas Construction Ltd. as security to ensure the rehabilitation of the gravel pit located at 370 Latimore Lake Road (L.R.I.S. Number 335232). Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, money or a surety bond in the amount of $94,000 be accepted from Galbraith Equipment Co. Limited as security to ensure the rehabilitation of the gravel pit located at 395 Manchester Avenue. Question being taken, the motion was carried. Read a letter from the Acting City Manager referring to the request of the Canadian Mental Health Association, Saint John Branch Inc., considered on March 4, for sponsorship of a two-day conference; and advising that the Organizing Committee expects 250 participants in the program, with total expenses to be incurred to exceed $5000 with the largest being a $3000 amount to bring in the key-note speaker, and that, while the Mental Health Association is in the forefront, this is indeed a community event. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Acting City Manager, a grant of $250 be provided to the Canadian Mental Health Association, Saint John Branch Inc., to assist with its upcoming conference on Teenage Sexuality. Question being taken, the motion was carried. 82-851 COMMON COUNCIL MARCH 18, 1991 On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that the report from the Acting City Manager advising that, further to the March 11 request for a report concerning the safety of the New Brunswick Museum, staff has copies of reports prepared by two consultants, one requested by the Province and the other by the Museum, both of which are current, having been prepared in September and November 1990, and indicate conditions within the building that are unacceptable from a structural point of view, with the conclusion of both consultants being that the building is substantially under strength; explaining that, as the Museum is a Provincial Government building, it does not fall within the jurisdiction of the Building Inspector, and the Community Planning Act does not bind the Province to comply with municipal regulations and the 1925 Building Act does not bind the Province; also advising that, if this building were subject to the same regulations as other buildings in the City, Common Council would have been requested to consider action in order to safeguard the building and its users; and recommending that, in receiving and filing this report, the Cities of New Brunswick Association and the Minister of Municipal Affairs be once again requested to amend the Municipalities Act, the Community Planning Act and the 1925 Building Act to require the Province to comply with these Acts and all By-Laws prepared pursuant to the Acts -- be received and filed and the recommendation adopted. The Mayor noted that Council met earlier this date in Committee of the Whole with representatives of the Museum's Board of Directors and that she will be having further discussion with the Premier based on the discussion with the Board. Question being taken, the motion was carried. (Deputy Mayor Gould and Councillor M. Vincent withdrew from the meeting as they were not present at the January 7 public hearing with respect to a proposed Zoning By-Law text amendment relative to 43-55 Exmouth Street.) On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the Acting City Manager regarding the Saint John Parking Commission's request for a text amendment to the Zoning By-Law to permit a surface parking area at 43-55 Exmouth Street, which was the subject of a public hearing on January 7, with first reading tabled on February 4; submitting a copy of a report from Mr. Richard Smith, Administrator of the Commission, which answers the majority of questions asked by residents of the area and advising that Messrs. Smith and D. Allaby, Commission Chairman, will be in attendance at this meeting; and also advising that notices were forwarded to 78 property owners, one of whom was Mr. Baleman of 22 Exmouth Street, concerning the proposed re-zoning -- be received and filed. Councillor Rogers questioned Mr. Smith's comments in the above report relating to snow removal to the effect that he did not promise that Exmouth Street would be plowed quicker and that there seems to be a misrepresentation of what he was trying to say to the residents, on the basis of what she was told by three different persons, and the Mayor noted that the above report indicates that utilization of an off- street parking lot, rather than the street, for parking would make it easier to clean and quicker to plow the street. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding Section 310(2)(c)(iii) as follows: "(iii) notwithstanding (i) above, a surface parking area, located at 43-55 Exmouth Street (L.R.I.S Numbers 13078, 13060, 15842 and 13052), may be used for the purposes of providing parking for uses which are not located and permitted in the same zone.", be read a first time. 82-852 COMMON COUNCIL MARCH 18, 1991 Question being taken, the motion was carried with Councillor Rogers voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding Section 310(2)(c)(iii) as follows: "(iii) notwithstanding (i) above, a surface parking area, located at 43-55 Exmouth Street (L.R.I.S Numbers 13078, 13060, 15842 and 13052), may be used for the purposes of providing parking for uses which are not located and permitted in the same zone.", be read a second time. Question being taken, the motion was carried with Councillor Rogers voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. (Deputy Mayor Gould and Councillor M. Vincent re-entered the meeting.) On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that a Nominating Committee recommendation, which was considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that as recommended by the Nominating Committee, William Gale and Rolf Spangenberg be appointed to the Fundy Region Development Commission for a term to expire December 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Solicitor regarding the request of Mrs. Alice Wilson for the road to her house at 452 Milford Road to be salted and sanded after each snowstorm, which was the subject of a report from the Acting City Manager on February 25, and expressing the opinion that the City is not under any obligation to maintain and service in any way the road which provides access to Mrs. Wilson's property, although Mrs. Wilson has a right of access to the public street by virtue of the reserved road -- be received and filed and a copy be forwarded to Mr. D. Cormier and Mrs. Wilson. 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 82-853 COMMON COUNCIL MARCH 18, 1991 Your Committee begs leave to report that it sat on March 11, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That the City's auditors, Coopers & Lybrand, be engaged by the City of Saint John to conduct an executive search for a City Manager for the City of Saint John in accordance with the proposal submitted by this Company, at a fee of $20,000. 2. That as recommended by the Acting City Manager, the property at 49 to 51 Carleton Street (L.R.I.S. Numbers 39941 and 37713) be acquired from ATV New Brunswick Division of Chum Ltd. for a price of $44,000 with the sale to take place on or before April 30, 1991, for development of the regional exhibition centre. March 18, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Mr. M. B. Appleby commenting on his discussion with City staff with respect to the possibility of building a home on land within the City limits which he owns on the Martinon By- Pass near Grand Bay; and requesting that the City give serious consideration to his concerns in this regard and how they can be minimized -- be referred to the Acting City Manager to determine if the matter can be resolved. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from the Maritime Lumber Bureau asking for the City to give consideration to sponsoring an event at its Annual Convention to be held in Saint John on June 5, 6 and 7, 1991 -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 82-854 COMMON COUNCIL MARCH 18, 1991 Common Clerk