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1991-04-02_Minutes 82-863 COMMON COUNCIL APRIL 2, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the second day of April, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Gould, Knibb, Landers, Rogers and A Vincent - and - Messrs. D. Wilson, Acting City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance, C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; G. Tait, Deputy Fire Chief; G. Ingraham, Assistant Deputy Police Chief; J. Brownell, Director of Recreation; J. Baird, Manager Development Division; B. Steeves, Deputy Building Inspector; M. Hanlon, Purchasing Agent; Mrs. M. Munford, Common Clerk; and Ms. L. Linton, Secretary. Reverend Jack Fancy of Kings Valley Wesleyan Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that minutes of the meeting of Common Council, held on March 25, 1991, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed the month of April to be Parkinson Awareness Month and April 21-27 to be Parkinson Awareness Week in the City of Saint John and urged all citizens to support the ongoing research into the cause and cure of Parkinson disease; and the month of April to be New Houses Month in the City of Saint John and called upon the citizens of the City to emphasize throughout this period their confidence in the future economic well-being of our community and their recognition of home construction and ownership as a basic factor in our economic progress. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the following items (which were considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting, namely, appointment of nominee to arbitration board of C.U.P.E. Local No. 486 grievance and appointment of the prime consultant for the Saint John Regional Exhibition Centre. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 1506 Loch Lomond Road (L.R.I.S. Number 312686), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, to permit the continued operations of the existing convenience store and gas bar, as requested by Daly's Stop & Shop, and no written objections were received in this regard. No persons were present with respect to the proposed amendment. Consideration was given to a letter from the Planning Advisory 82-864 COMMON COUNCIL APRIL 2, 1991 Committee advising that the submitted Planning staff report was considered on March 26, recommending that the City of Saint John Zoning By-Law be amended by re- zoning property at 1506 Loch Lomond Road (L.R.I.S. Number 312686), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification for the purposes and use of a convenience store and gasoline bar subject to a resolution pursuant to Section 39 of the Community Planning Act on condition that (a) the applicant submit for the approval of the Development Officer a surveyed plan indicating the location of all existing site features and structures; (b) the applicant submit a detailed site plan for the Development Officer's approval based on the accurate existing site conditions contained in the survey plan; (c) all the work necessary to complete the property in accordance with the approved site plan shall be completed before August 3, 1991; and (d) the applicant shall maintain the property, including the landscaped portion of the street right-of-way within the frontage of this property, in accordance with the approved plan and in a manner satisfactory to the Development Officer. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 1506 Loch Lomond Road (L.R.I.S. Number 312686), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, pursuant to Section 39 of the Community Planning Act, as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Responding to a query from Councillor Rogers as to whether the use of the property is an existing use and if the applicant was the original owner when the business was first purchased, Mr. Baird replied that the applicant purchased the property which had been a Shell Service Station and converted it to a convenience store. 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 a parcel of land located at 1506 Loch Lomond Road (L.R.I.S. Number 312686), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, pursuant to Section 39 of the Community Planning Act, as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the correspondence concerning the above-proposed amendment be received and filed. Question being taken, the motion was carried. Her Worship the Mayor welcomed Mrs. Joan Parfitt, former Councillor, and Mr. Leo McAdam, M.L.A., to the Council Chamber. The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 agreement and site plan with respect to 77 Glen Road, to accommodate the Daly Convenience Store which 82-865 COMMON COUNCIL APRIL 2, 1991 was built partly within a city street right-of-way and contrary to the previously approved site plan, as requested by Daly Convenience Stores Ltd., and that no written objections were received in this regard. No persons were present with respect to the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee advising that the submitted Planning staff report was considered on March 26, and recommending (1) that the request for encroachment of the building and fence into the Simpson Drive right-of-way be denied; (2) that a solution to the building encroachment is found which is satisfactory to the Chief City Engineer and Development Officer; (3) that the Section 39 agreement and site plan be amended to require: (a) the fence is relocated on the applicant's property; (b) the dumpster is relocated on the applicant's property at the rear of the building in a location acceptable to the Development Officer; (c) the concrete pipe running along the rear property line of the subject site be removed and the open drainage swale be reinstated; (d) all asphalt curbing is replaced with concrete curbing to City standards; (e) the shrubs and trees are planted by July 30, 1991; (f) a valance be installed on the fluorescent lighting which is located on the front of the existing building; and (g) all works other than landscaping is completed by July 30, 1991. The Mayor stated that the Acting City Manager has requested that the above matter be tabled for one week to enable staff to meet with the applicant. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the above matter be laid on the table until staff has an opportunity to meet with the applicant to discuss the recommendations contained in the above report. 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 triangular parcel of land located adjacent to 391 Lancaster Avenue and the Saint John Throughway (L.R.I.S. Number 55057343), from Low Density Residential to District Centre Commercial classification, to permit the re-zoning of the parcel from "R-1 B" One-Family Residential to "B-2" General Business classification, for the construction of an addition to the convenience and video store at 391 Lancaster Avenue, as requested by Welby Holdings Limited. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a letter from Sergeant L. S. Stull, Crime Prevention Unit of the Saint John Police Force regarding the 1991 Law Enforcement Torch Run in support of the New Brunswick Special Olympics Inc. which will start in Saint John and circle the entire Province and requesting a donation of $500.00 -- be received and filed and the request granted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from the Mayor Wayne submitting a letter from the Saint John Jaycees advising they will be sponsoring a dance in support of the Izaac Walton Killam Hospital for Sick Children and requesting assistance from the City of Saint John on deferring costs for the rental of the Lily Lake Pavilion -- be referred to the Acting City Manager. Councillor Rogers questioned what criteria is used to establish if the events requesting assistance are worthwhile and the procedure previously followed. Mr. Wilson advised that the fee to rent the Pavilion is $400.00 and, as suggested by the 82-866 COMMON COUNCIL APRIL 2, 1991 Mayor, agreed to submit a report including the number of such requests received and the possibility of the waiving of the fee being in conflict with private enterprise. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne advising that she has been contacted by a number of business people with regard to cross-border shopping in the United States, and submitting a letter she recently received from Mr. Rob Northrup who would like to work on a committee in conjunction with the Saint John Board of Trade and the Central Business Development Corporation, and recommending the establishment of a committee to study the problem -- be referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne submitting a letter from Mrs. J. J. Freedman with respect to traffic on Magazine Street and requesting a stop sign in the vicinity of the Fort Howe Apartments -- be referred to the Acting City Manager for immediate action. Councillor Landers noted that motorists in the city do not give the right- of-way to the pedestrians in crosswalks and asked what by-law governs the matter. Deputy Chief Ingraham replied that the Motor Vehicle Act gives the right of way to the pedestrian and if there is a problem in a particular area his department can give it more attention. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting, having been absent from the March 18 public hearing with regard to the proposed Zoning By-Law amendment to re-zone property at 110 Sand Cove Road.) Consideration was given to a report from the Acting City Manager advising that Common Council, at its meeting of March 18, 1991, held a public hearing with respect to a proposed re-zoning of property at 1100 Sand Cove Road initiated by Manford M. Thompson Construction Company Limited; that following the public hearing, the matter was referred to the City Solicitor, due to concerns expressed with the wording of the recommendation presented by the Planning Advisory Committee in regard to an issue of trunk sewer services; that the City Solicitor in his report to Common Council of March 25, 1991 recommended that Council deal with the sewer issue through a separate report from the City Manager before proceeding with the zoning issue; that the problem presented in the Planning Advisory Committee's report is essentially the timing of the reconstruction of the trunk sewer and an impression was incorrectly given to the Planning Department, that the reconstruction was not expected before 1996, however, in fact, the proposals presented to Council in the current Capital Budget process contain an allowance of City funding of $400,000 planned in 1992, at which point it is expected that the entire project would proceed, with a matching contribution from the Province; that staff of the Engineering and Planning Department met with Mr. Thompson on March 27, 1991 to review the matter and it is his position that if construction was to take place in 1992, this would satisfy his requirements and he would be willing to proceed with his plans on that basis and in view of the City Solicitor's concerns with the wording of the Planning Advisory Committee's recommendation, a revised recommendation has been prepared and recommending that this report be received and filed and the re-zoning of land at 1100 Sand Cove Road be approved 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 82-867 COMMON COUNCIL APRIL 2, 1991 detailed site plan, landscaping and fencing plan and building elevation drawings submitted to and approved by the Planning Advisory Committee at the time of subdivision. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the above report from the Acting City Manager be received and filed the recommendation adopted. Question being taken, the motion was carried. 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 at 1100 Sand Cove Road property containing approximately 30 acres, (L.R.I.S. Number 429738) 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, pursuant to Section 39 of the Community Planning Act, be read a first time. Question being taken, the motion was carried. 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 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 containing approximately 30 acres, L.R.I.S. Number 429738) 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, pursuant to Section 39 of the Community Planning Act, be read a second time. Responding to a query from Councillor Landers as to the concern by area residents of the access from this development onto Sand Cove Road, Mr. Brown advised that the matter will be addressed at the time of the subdivision of the property. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. (Councillor Fitzpatrick re-entered the meeting) Mr. David Lake of the Lancaster Kiwanis Club presented the results of the Community Needs Survey conducted by his organization with respect to recreational needs and interests of the people living in the western section of Saint John. He advised that his club plans to use the information contained in the report as a source of future projects to meet some of the identified needs, and by making the survey report available to the City Hall staff it will better understand what residents in the western part of Saint John want and need for recreational facilities and programs and hopefully they will be met in the coming years by funding directly provided by the City of Saint John. Her Worship the Mayor commended Mr. Lake for the work undertaken by the Club, and advised that the information contained in the survey will be taken under advisement by city staff when they are looking at the needs of the West Side. Deputy Mayor Gould made reference to transportation requirements and suggested a copy of the survey be forwarded to the Transit Commission. Mr. Lake advised that the Club is presently using the report and have identified the concept of 82-868 COMMON COUNCIL APRIL 2, 1991 trails for cycling, running and cross-country skiing and is pursuing it as a potential project. The Mayor thanked Mr. Lake for his presentation, and advised that Council will consider the presentation later in the meeting. Consideration was given to a report from the Acting City Manager submitting a summary of Cory Stephen's application for funding through the Housing Through Infill Development program related to a project at 126 Pitt Street, for which an estimated grant of $12,975, was approved by Council on December 11, 1989; and advising that the 1991 assessment has been provided which results in the final grant being higher than that approved. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, the Housing Through Infill Development grant for Corey Stephen with respect to 126 Pitt Street be increased from $12,975. to $14,745. Question being taken, the motion was carried. Consideration was given to a report from the Acting City Manager submitting the 1991 Capital Budget for both the General Fund and the Water & Sewerage Utility in the amounts of $13,261,000 and $5,445,000 respectively; advising that during the preparation of the budget the administration has been guided by the documentation entitled "Goals for Saint John" and that these goals must and do form the substantive arguments for the various initiatives being proposed; that while the administration believes it is essential to have projects planned for the next five years, Council is not being asked to approve specific projects beyond 1991 and highlighting some of the specific projects which are to be considered in the General Fund, namely: (1) transportation projects - over $3.7 million is earmarked for major improvements to the road system and included in this figure is $369,000 to continue the widening of McAllister Drive, $400,000 for major improvements on the Gault Road and $260,000 for continued improvement to Coburg and Prince William Streets, as well, $240,000 has been designated for major work to be done on Orange Street in conjunction with the revitalization that is occurring in that area; (2) Regional Exhibition Centre - $1.2 million is included in the budget to meet expenditures anticipated in this fiscal year, with the City's total long term commitment now projected at $7.6 million; (3) Flood Risk Abatement Program - $150,000 contained in the budget to begin the initial steps of the program with a preliminary report prepared by the City's Building Inspector now under consideration by the City administration; (4) Spruce Lake Landfill Site - $560,000 included in the budget to commence restoration of the site with an estimated amount of $3 million over the next five years to meet its obligations with respect to the site; (5) City Market - the budget includes $199,000 for work to be done in and around the Market with a commitment of an indoor linkage from Charlotte Street to Market Square becoming a reality by 1993; (6) Recreation & Parks - $400,000 included in the budget for commencement of the construction of the "Loop Road"; (7) City Buildings & Facilities - $860,000 included to fund major repair work on a number of City buildings and a further $248,000 earmarked specifically for site improvements to ensure that City-owned properties are an asset in the neighbourhoods in which they are located and an amount of $1,410,000 has been included to construct a new fire station, the location of which is yet to be determined, as well as $100,000 toward the design work for a neighbourhood community centre at M. Gerald Teed School; (8) Information System - more than $1 million is being committed to technology and information systems; (9) Economic Development - $1,045,000 included in the budget for programs in the area of residential housing, renovations to heritage properties and infill housing; (10) Tree Planting -the budget includes $130,000 for implementation of tree planting and street signage programs. He outlined highlights of the Water and Sewerage Utility programs, namely (11) Fluoridation - $325,000 to cover the design and construction costs for fluoridation facilities for the Loch Lomond water supply and for design costs for the Spruce Lake supply; (12) Lancaster Sewerage Treatment Plant - $1.2 million with a recovery from the Province of $1 million to ensure completion of the plant; (13) Saint John Harbour Wastewater Study - $175,000 as the City's share in the study in conjunction with other levels of government to assess the condition of the harbour; and 82-869 COMMON COUNCIL APRIL 2, 1991 (14) Service Replacements/Control Valves - the budget includes funds to renew over 150 service entrances at the time new sidewalks are constructed, funds for the replacement of expensive butterfly valves, gate valves and improvements to other distribution facilities. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommending by the City Manager the 1991 Capital Budgets for the General Fund and the Water & Sewerage Utility in the amounts of $13,261,000 and $5,445,000 respectively, as per the attached summaries, be approved. In reviewing the proposed Capital budget, the Acting City Manager stated that staff is presenting this capital budget for Council's approval based on their conviction that it attempts to address those concerns raised by citizens as articulated in the "Goals for Saint John", and reflects a serious attempt at making a commitment to deal with environmental issues, to improve the infrastructure which we currently have, to encourage development, to enhance and beautify our facilities, and finally, to respond to the requests of the citizens in various parts of our community, and that based on the information we have today and our best estimates of future economic conditions we have today and our best estimates of future economic conditions, all of this can be accomplished while still adhering to Council's stated objective of maintaining a stable tax rate. Mayor Wayne, on behalf of Council, expressed appreciation to the Acting City Manager and management staff, for their efforts in preparing the 1991 Capital Budget, while still adhering to Council's objective of maintaining a stable tax rate. She referred to the increase in property assessments by the Province, which results in increased taxes for our citizens, even though the City has maintained a stable tax rate for many years. She noted that many of the projects included in the Capital Budget will result in many of our citizens finding employment. During ensuing discussion, Councillor Rogers noted that the per capita amount proposed to be expended in the City on capital projects, which is quite substantial given the size of our municipality, and stated she feels it is a good budget as it not only builds on the basics of required services, but adds exciting new projects as well. Councillor Knibb stated that while he finds a few extravagances in the budget which he will not comment on at this time, he supports the budget which it is felt can be managed with proper financing over the years. Deputy Mayor Gould suggested the proposed budget is very ambitious and that he too supports the majority of the budget items, although he regrets there is no provisions for the Charles Street sewerage system in 1991; noted that the funds provided for a recreational centre for the M. Gerald Teed School this year will provide for the building design, with a further commitment for 1992. Deputy Mayor Gould, on behalf of Councillor Flewwelling, inquired if trees from the Loch Lomond watershed could be utilized in the tree-planting program, to which Mr. Robichaud gave negative reply, citing problems with size, quality, and the labour costs that would be involved, and therefore it would not be economically feasible. Councillor Coughlan expressed the view that while this is a very ambitious budget, it is a responsible budget, and while it is difficult to satisfy everybody's desires, staff have proceeded on the guidelines of the Goals for Saint John, and asked that the Acting City Manager report to council on progress in implementing the said Goals. Councillor Fitzpatrick inquired if the figure of $7.6 million for the exhibition centre includes land costs, and asked the total projected cost for the centre. Mr. Wilson replied that the figure does include the estimated cost of land acquisition, and that the total projected cost is not known at this time as the project will be tendered, although the Province has agreed to contribute $12.4 million for the Centre. Regarding the Flood Risk Abatement Program, Councillor Fitzpatrick asked the estimated total cost for this program and the length of the program, to which Mr. Wilson replied that the total cost to the City would be in excess of $1 million, and staff feels more work is needed to quantify the total program. Councillor Davis stated he too believes this is the best capital program in many years, as simple criteria was used for each project, and suggested that the budget deals mainly with necessities. Councillor A. Vincent referred to Council's input into the revised budget format, and suggested that the Province should give consideration to an off-ramp from the Throughway travelling from the east, to ensure the success of the exhibition centre on Station Street. He also asked that 82-870 COMMON COUNCIL APRIL 2, 1991 staff ensure the completion of the Main Street North project from the last capital budget. Regarding the harbour wastewater study, Mr. Robichaud advised that proposals closed last week and are presently being reviewed by the technical committee, and it is expected a recommendation will be made to the various levels of government in the near future. In response to a query of Mayor Wayne, he stated that the Province is actively engaged in investigating the floodgates at the Causeway. Question being taken, the motion was carried. Notice had been given to Audrey L. Doyle, Beverley E. Doyle and Raymond Doyle as Trustees of the Estate of the Late N. Wilfred Doyle to appear at this meeting of the Common Council to show cause, if any, why the building located at 26 Exmouth Street, in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Steeves displayed photographs of the above-mentioned building which was damaged by fire last fall and advised it is his recommendation that pursuant to the 1925 Saint John Building Act the building is dangerous and dilapidated and should be demolished. Mr. Raymond Doyle of Harding Street appeared before Council and explained that the major part of the building has been removed and all that remains are parts frozen into the ground; that he did not get a building permit to do the demolition because the Estate has no funds and he is doing it himself and is requesting an extension of 30 days. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that notice having been given to Audrey L. Doyle, Beverley E. Doyle and Raymond Doyle as Trustees of the Estate of the Late N. Wilfred Doyle, Owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 26 Exmouth Street (L.R.I.S. 55071666) 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 Building Inspector, the Common Council hereby deems and declares the said building located at 26 Exmouth Street in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Audrey L. Doyle, Beverley E. Doyle and Raymond Doyle as Trustees of the Estate of the Late N. Wilfred Doyle, Owners, are hereby required to remove or destroy the said building situate at civic number 26 Exmouth Street, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said Audrey L. Doyle, Beverley E. Doyle and Raymond Doyle as Trustees of the Estate of the Late N. Wilfred Doyle, Owners, to remove or destroy the said building situate at 26 Exmouth Street in the City of Saint John, in compliance with the request of such notice that the Building Inspector cause such work to be done and the cost thereof recovered from the said Audrey L. Doyle, Beverley E. Doyle and Raymond Doyle as Trustees of the Estate of the Late N. Wilfred Doyle, Owners. Question being taken, the motion was carried. Consideration was given to a letter from the Acting City Manager advising that historically the Capital Budget has often been considered by Council in March or April of each year, and that such timetable allows staff sufficient time through the winter months to assemble all of the necessary information to support the budget proposals; that there is some opportunity to improve the process by having a small portion of the following year's capital program approved in advance, thus allowing staff to properly plan, prepare tender documents, call tenders and award contracts so work can start much earlier in the spring and allows work to proceed in advance of approval of the entire Capital Budget. 82-871 COMMON COUNCIL APRIL 2, 1991 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Acting City Manager approval be granted for the 1992 transportation projects in the total amount of $1,263,000 as follows: Main Street (N) - $120,000; Manchester Avenue - $132,000; McAllister Drive - $450,000; Mount Pleasant Avenue (C)- $121,000; Orange Street - $230,000; Park Avenue - $53,000; Thorne Avenue - $26,000; Union Street - $891,000; Tree Planting -$50,000; Total -$1,263,000. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Acting City Manager, Mr. Mark Giberson be appointed as the City's nominee to the Board of Arbitration of the Local No. 486, C.U.P.E. grievance 90-5, Forester. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the Lancaster Kiwanis Club Report on the Community Needs Survey be referred to City staff and to the Saint John Transit Commission for consideration. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Saint John Regional Exhibition Centre Committee, under the chairmanship of Mr. Lino Celeste, Urban Consultants Ltd. be engaged as Prime Consultant for the Saint John Regional Exhibition Centre for the design, preparation of specifications and drawings, and the administration of the Construction Contract, with the understanding between the parties that an acceptable agreement be negotiated. Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Janet Holt, Chairperson for the 1991 Annual Conference of The Canadian Identification Society, advising that delegates will be attending from across Canada, the United States and other part of the Globe, with approximately 150 delegates and their families expected, and requesting monetary assistance from the City -- be referred to the City Manager. Question being taken, the motion was carried. (Her Worship the Mayor withdrew from the meeting as she was not present for the January public hearing with respect to the proposed re-zoning of property at 152-156 Westmorland Road) Deputy Mayor Gould assumed the chair. Consideration was given to a letter from the City Solicitor advising that 82-872 COMMON COUNCIL APRIL 2, 1991 Council gave second reading to amendments to the Municipal Plan By-Law and the Zoning By-Law with respect to the property of Blair Construction Ltd. at 152-156 Westmorland Road; that at that meeting it was anticipated that a section 101 agreement would be prepared to document the Developer's obligation to commence construction of residential housing on the adjacent property owned by the company; that because of the difficulty of guaranteeing residential construction and also to provide some control of the future use of the land, it is his opinion that an appropriate arrangement would be an exchange of deeds between the City and the Company, whereby the City could acquire title to the property in question free of charge in the event that the required construction does not occur within a 48-month period; that the solicitor for the Developer has indicated his client's agreement to this proposal; that the two by-law amendments in question must receive third reading at the Council meeting of April 2, 1991, and be immediately forwarded to the Minister of Municipal Affairs which is in accordance with the time limits prescribed by the Community PlanninQ Act; that the exchange of deeds will require a subdivision plan, creating the two residential lots to be built upon and since that plan is not yet available, should Council give third reading to these amendments on April 2, 1991, they will not be filed in the Registry Office and thus will not become effective until the necessary subdivision plan has been processed and the deeds in question exchanged between the City and the Developer and requesting that the Mayor and Common Clerk be authorized to execute any necessary documents. Mr. Rogers advised that concern has also been expressed about the debris that exists and its cleanup and it is his understanding that the debris was substantially on the portion of land that was being re-zoned and would be appropriate to be part of the section 39 resolution, he understands as late as today the debris does not extend exclusively to the land that is being re-zoned but extends on the two lots not covered by the re-zoning and that would be an appropriate item for a section 101 agreement and in view of that he has discussed it with Mr. Paul Zed, solicitor for Mr. Blair, and he has agreed that the cleanup of the debris could be part of a section 101 agreement that the security to do that which the development officer has estimated at $10,000 and Mr. Zed has agreed that would be put up and all those matters would be in place before the by-law is filed in the Registry Office after it is approved by the Minister of Municipal Affairs. That he believes the security is adequate and covers the concerns discussed at a previous meeting. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land containing approximately 16,600 square feet, located at the corner of Westmorland Road and Northumberland Avenue, having civic address 152-156 Westmorland Road (L.R.I.S. Number 317974 and a portion of L.R.I.S. Number 413401) from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Responding to a query from Councillor Coughlan who questioned if the exchange of deeds sets a precedent, Mr. Rodgers advised this procedure is not common but is a situation that has been discussed from the point of view of what could be done to alleviate the concerns expressed by Council and some neighbours with respect to the land adjacent to the land being re-zoned with respect to its future use and while there is no way to guarantee, even though it is zoned for residential, construction of residential properties, this was the way we thought best to give the city some control over the future use of the land if Mr. Blair reneges on his promise to construct residential properties on those adjacent lands. Responding to reference by Councillor Landers that no documentation has been forwarded to Council, Mr. Rogers replied that section 39 of the Community Planning Act makes a resolution as binding as a written document under seal and executed, and it was anticipated that a section 101 agreement would be required prior to third reading, however, he pointed out that upon closer examination a section 101 agreement was not the appropriate route to safeguard the City with respect to development of the adjacent lands where residential dwellings were to be required, and an exchange of deeds was used and there are no documents before Council on that because there are proposed subdivisions going on in order for the deeds to come to the City and be reconveyed; that he believes the debris question is a proper matter for a section 101 agreement and it is not before you 82-873 COMMON COUNCIL APRIL 2, 1991 because there was some question as to where the debris was located and it was learned today that a substantial portion of the debris is on the adjacent land which is part of the exchange and the section 101 agreement would be proper with a $10,000 security and recommends that the agreement be in place before the by-law amendments are filed in the Registry Office. Councillor Landers questioned the time frame for clean up and was advised Mr. Zed has indicated six months. Mr. Baird addressed the question of whether the adjacent land can be used as a parking lot for the proposed re-zoning and advised that the two lots would remain in the "R-2" One- and Two-Family Residential classification and presently used as a non-conforming use as a contractors yard, the development of the office building which would take place on the re-zoned portion could not have its parking on this area as it would not be permitted under the "R-2" zoning. Mr. Brown noted that it is the intention of Mr. Zed to leave the $10,000 security with the City for four years or until the lots are built on. During further discussion, Councillor Rogers stated she is still concerned with this application as the information before Council for consideration is still incomplete with respect to the adjoining property. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that Mr. Paul Zed, solicitor for Blair Construction Ltd. be invited to address Council at this time. Question being taken, the motion was carried. Mr. Paul Zed advised that if Council would rather have a letter of credit than a bond, it is perfectly acceptable to the Developer. He noted that the City Solicitor has very accurately characterized the difficulty with the resolution and the entire matter still must be approved by the Minister, but the control of it being effective is still resting with the City and if there was some problem with the section 101 Agreement the City could refuse to register the by-law amendments; it has been determined the line between the lots is through the warehouse and is being emptied so it can be readied for demolition and might be a reason for more debris at the present time. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that a representative of the area residents be invited to address Council at this time. Question being taken, the motion was carried. Mrs. Muriel Stephens advised that the group which she represents is pleased with the discussion held at the meeting tonight and that all their concerns have been dealt with. The by-law entitled, "A Law To Amend The Municipal Plan By-Law, was read in its entirety. Question being taken, the motion was carried with Councillor Rogers voting "nay". Mr. Rodgers advised that re-zoning of the property is tied in with a section 39 resolution containing the conditions in the Planning Advisory Committee report of January 17, 1991 and condition #7 should be deleted because it belongs in the section 101 Agreement. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number 100-231 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land containing approximately 16,600 sq. ft., located at the corner of Westmorland Road and Northumberland Avenue, having civic address 152-156 Westmorland Road (L.R.I.S. Number 317974 82-874 COMMON COUNCIL APRIL 2, 1991 and a portion of L.R.I.S. Number 413401) from "R-2" One- and Two-Family Residential classification to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the re-zoning be subject to the following: (i) the use of the property shall be limited to not more than two apartments and 642 square metres (6,911 square feet) of business offices; (ii) there shall be no outside storage of material or equipment related to any of the offices; (iii) the site shall be developed in accordance with a site plan to be approved by the Development Officer prior to third reading by Common Council; (iv) exterior elevations and interior floor plans of the proposed additions and new building are provided to the Development Officer for approval prior to third reading by Common Council; (v) all building and site development shall be commenced no later than twelve months from date of third reading and be completed twelve months from building permit approval; (vi) security in a form acceptable to the City and in an amount equal to the Development Officer's estimate of the cost of landscaping, including trees and shrubs, and the development of the office parking area be provided to the City, prior to building permit approval to assure completion of that work to the satisfaction of the Development Officer; such security must remain in all force and effect until the expiration of thirteen months following building permit approval, provided that the Developer completes the required work to the satisfaction of the Development Officer before the thirteen months has expired, then the security shall be returned to the Developer within one month of such completion and, if this work is not carried out by the applicant to the satisfaction of the Development Officer, the City will use the security to complete the work; and (vii) any new signage be approved by the Development Officer and be limited to the size permitted in a "R-2" residential zone for the purpose of identifying a non-residential use, .6 square metres (6.6 square feet). The by-law entitled, "By-Law Number 100-231 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Responding to a request from Councillor A. Vincent, Mr. Rodgers assured Council that the section 101 Agreement will be brought back to Council before the filing of the by-law amendments and at that time authorization for execution of the document by the Mayor and Common Clerk can be given. Question being taken, the motion was carried with Councillor Rogers voting "nay". (Her Worship the Mayor re-entered the meeting and re-assumed the chair and Councillors Fitzpatrick and Landers withdrew from the meeting) 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 25, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Messrs. Ed Farren and AI Capson be appointed as representatives of the City to the Loyalist Day (May 18th) Observance Committee. 2. That as recommended by the Acting City Manager, Mr. Nicholas Barfoot be the City's nominee to the Board of Arbitration of the Local No. 18, C.U.P.E., grievance 91-11, concerning transferring employee out of classification. 3. That as recommended by the Acting City Manager, Mr. Dayle Messer be appointed as the City's nominee to the Board of Arbitration of the Local No. 18, C.U.P.E., grievance 90-45 on behalf of Mr. Ivan Morgan. 82-875 COMMON COUNCIL APRIL 2, 1991 4. That as recommended by the Acting City Manager, (1) the City lease the Tourist Information Centre on the Throughway from the Province of New Brunswick under the following terms: (a) the lease to be for a period of five years from April 1, 1991, at a rental of $1 per year; (b) a clause be included that the Province will either renew the lease or give the right of first refusal with respect to any new agreement prepared by it; (c) a clause be included that, if taxes are levied against the property, they will be paid by the City; (d) the lease may be cancelled by either party on 180 days notice in writing; and (e) other clauses as specified in the draft lease presented by the Province; and (2) the Mayor and Common Clerk be authorized to execute the lease subject to approval by the Legal Department as to legality and form. 5. That as recommended by the Acting City Manager: (1) the 3-year lease of premises in the Old Provincial building at 43 Princess Street to Windrush Galleries Ltd., approved by Common Council resolution of March 13, 1989, be cancelled; (2) the commercial space at 43 Princess Street with an area of approximately 1200 square feet be leased to Susan Allison and Mabel Crease carrying on business under the name of Canterbury Antiques for a period of one year from April 1, 1991 at a rental of $755 per month payable in advance, the City to supply heat, maintenance of the heating, electrical and plumbing systems and maintenance of the exterior; (3) the rental and grants for charitable and non-profit organizations in the Old Provincial building at 55 Canterbury Street for the period April 1 , 1991 to March 31, 1992 be as follows:- Yearly Net Monthly Tenant Rent Grant Rent Rent Laubach Literacy $ 7,350 $4,470 $2,880 $240.00 New Lease Inc. 14,980 7,372 7,608 634.00 Saint John Learning Exchange 13,500 8,190 5,310 442.50 Saint John Presbyterian 6,340 3,940 2,400 200.00 Senior Aid and Research 2,610 1,674 936 78.00 New City Theatre 3,000 1,800 1,206 100.00 and (4) the rental and grants for social clubs in the Old Provincial building at 55 Canterbury Street for the period April 1 , 1991 to March 31, 1992 be as follows: Tenant Saint John Assoc. for the Deaf Unity Club Vision of Hope AA Rent $ 6,180 2,000 2,530 Yearly Grant $5,880 1,700 2,230 Rent $300 300 300 Net Monthly Rent $25.00 25.00 25.00 6. That as recommended by the Acting City Manager, Christine Stanton, owner of the property at 4247 Loch Lomond Road, be granted an easement at the cost of $500 to permit the encroachment of a portion of her house and deck on the City- owned property that was formerly a part of Lake Drive, with such easement to last the life of the building and deck. Tuesday, April 2, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie. E. Wayne, C h air man. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 82-876 COMMON COUNCIL APRIL 2, 1991 On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee the sum of $660.00 be accepted as money-in-lieu of land for public purposes with respect to the Gerard Savoie subdivision at 465 Latimer Lake Road. (Councillor Landers re-entered the meeting) Responding to a query from Councillor Rogers as to how many more parcels can be subdivided from the main parcel of land before some type of developmental plan has to be filed, Mr. Baird advised there is potential for one more lot of 1 1/3 acres fronting on Latimer Lake Road, and after that takes place it would be necessary to re-zone the site to the rural residential category so a new street and additional lots could be developed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that with regard to the recommendation of the Planning Advisory Committee that Section 910(3)(f) of the Zoning By-Law be amended to permit holders of options and agreements of purchase and sale for City-owned land to apply for the rezoning of property, the necessary 82-877 COMMON COUNCIL APRIL 2, 1991 advertising be authorized in this regard, with the public hearing to be held on May 13, 1991. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from the Animal Rescue League submitting a proposed by-law with respect to pet shops in the City of Saint John be referred to the Acting City Manager and Building Inspector for a report. Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Messrs. Peter Gogan and Barry Mitchell with respect to a water drainage problem within the Glenwood Park subdivision advising that members of the Engineering Department who have visited the site have instructed them to direct the water within their property lines to a location at the foot of Burnside Crescent where the City would install a catch basin to collect the water within the storm sewer system and requesting a commitment from City staff as to when they would correct this problem -- be referred to the Acting City Manager and staff for a report. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from the Jervis Bay (Memorial) Pipe Band advising that they are hosting a dance at the Lily Lake Pavilion to raise funds for their trip to Scotland in August 1991 and requesting a grant for the rental fee -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the letter from Loyalist City G.R.S. Radio Club Inc. advising that their are hosting a dinner and dance at the Lily Lake Pavilion on June 21, 1991 and requesting a grant of $300.00 to help offset the rental fee -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that the notices from the Liquor Licensing Board advising that the hearings of the applications of (a) 049313 N.B. Ltd. for a dining room and lounge license for premises at 84-88 Prince William Street, and (b) 047868 N.B. Inc. for a dining room license for premises at 535 Westmorland Road, will be held on March 27 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. 82-878 COMMON COUNCIL APRIL 2, 1991 Question being taken, the motion was carried. Common Clerk