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1993-03-15_Minutes 84-10 COMMON COUNCIL MARCH 15, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of March, AD. 1993, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; 1. Totten, Commissioner of Management Services; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; J. Baird, Manager- Development Division; D. Logan, Purchasing Agent; J. Bezanson, Heritage Planner; J. Adam, Manager - Data Processing; R. Johnston, Deputy Fire Chief; A Bodechon, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that minutes of the meeting of Common Council, held on March 8, 1993, be approved. Question being taken, the motion was carried. The Mayor proclaimed March 21 to 27 to be Racial Harmony Week in the City of Saint John; welcomed to the Council Chamber six Scouts and two leaders from the St. Pius Scout Troop and briefly explained the Council meeting procedure to the Scouts who were working toward their citizenship badge; and commented on the St. Patrick's Week activities scheduled in the City, as well as on the March 12 visit to Newport, Rhode Island, by her, City Manager J. Brown, Economic Development Director D. O'Leary, and Public Relations Manager K. Galbraith, as well as Mr. Fred Hazel, for the signing of the Sister Cities relationship, a meeting with representatives of the cruise ship business, and participation in the St. Patrick's Day Parade. Councillor Coughlan noted the forthcoming Teddy Bear Fair on March 27, sponsored by the Saint John Regional Hospital Foundation, to introduce children and their families to the Regional Hospital in order to dispel some of the fears and misconceptions about health care encounters, and to raise funds to purchase a ventilator for the neonatal unit. (Councillor Rogers entered the meeting during the above comments.) On motion of Councillor A Vincent Seconded by Councillor Knibb RESOLVED that a proposed Letter of Agreement with Local No. 61, C.U.P.E., and the budget of the Saint John Harbour Bridge Authority (which were 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. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, an approximately 81-acre property located on both sides of St. Martins Road, being a portion of NBGIC Number 354696, from Open 84-11 COMMON COUNCIL MARCH 15, 1993 Space to Rural classification; and (b) the proposed re-zoning of the same property from "P" Park to "RR" One-Family Rural Residential classification, to permit the development of a rural residential subdivision, as requested by Hughes Surveys & Consultants Ltd., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's March 9 meeting at which the applicant was present and expressed agreement with the recommendation and answered questions of Mr. Bruce Coombs, the owner of a property on Haynes Lake, concerning the details of the proposal; and recommending that Common Council (1) amend the Municipal Development Plan by redesignating on Schedule 2-A, from Open Space to Rural classification, an approximately 81-acre property located on both sides of St. Martins Road, being a portion of NBGIC Number 354696, as illustrated; (2) amend the City of Saint John Zoning By-Law by re-zoning the same property from "P" Park to "RR" One-Family Rural Residential classification; and (3) the proposed subdivision of the property not be considered until: (a) the above-noted amendments to the Municipal Development Plan and Zoning By-Law have been filed in the Registry Office; and (b) a revised tentative plan is submitted which is acceptable to the City and the Department of Health and Community Services. Mr. R. Turner of Hughes Surveys & Consultants Ltd. appeared in favour of the above application; advised that he has reviewed the Planning Department's report and the Planning Advisory Committee's recommendation with his client; and offered to respond to Council queries with respect to the proposal. On motion of Councillor Knibb Seconded by Councillor Rogers 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, an approximately 81-acre property located on both sides of St. Martins Road, being a portion of NBGIC Number 354696, from Open Space to Rural classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Rogers Seconded by Councillor M. Vincent 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, an approximately 81-acre property located on both sides of St. Martins Road, being a portion of NBGIC Number 354696, from Open Space to Rural classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 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 an approximately 81-acre property located on both sides of St. Martins Road, being a portion of NBGIC Number 354696, from "P" Park to "RR" Rural Residential classification, be read a first time. Question being taken, the motion was carried. 84-12 COMMON COUNCIL MARCH 15, 1993 Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximately 81-acre property located on both sides of St. Martins Road, being a portion of NBGIC Number 354696, from "P" Park to "RR" Rural Residential classification, 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 McAlary RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 811 Grandview Avenue and 220 Champlain Drive (NBGIC Numbers 55089007 and 55088991), located on the corner of Grandview Avenue and Champlain Drive, from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same area of land from "R-1 B" One-Family Residential to "B-2" General Business classification, to permit the existing single-family home to contain a radio broadcast school in the basement area, as requested by Mr. Donald E. Mabee, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and a letter of objection to the above-proposed amendments considered at the Committee's March meeting at which the applicant responded to questions which the Committee asked and no one appeared in opposition to the application; advising that the Committee granted a variance to permit an access from the property at 811 Grandview Avenue onto Grandview Avenue; and recommending that (1) the Municipal Development Plan be amended by redesignating on Schedule 2-A, from Low Density Residential to District Centre Commercial classification, the property at 811 Grandview Avenue and 220 Champlain Drive (NBGIC Numbers 55088991 and 55089007); and (2) the same property be re-zoned from "R-1 B" One-Family Residential to "B-2" General Business classification subject to a resolution pursuant to Section 39 of the Community Planning Act providing for the following conditions:- (a) the use of the property be restricted to a one-family dwelling and a radio broadcast school for a maximum of 25 students in the basement of the existing structure; (b) at least six off-street parking spaces be provided in a paved parking area as illustrated on a site plan to be approved by the Development Officer; (c) landscaped areas be installed: (i) at least 7.5 metres (24.6 feet) in width between the parking area and the street line along the Champlain Drive frontage and concrete curbing to be installed between the parking area and the landscaped area; (ii) at least 2 metres (6.56 feet) in width between the parking area and the street line along the Grandview Avenue frontage so as to create one access along the Grandview Avenue frontage with a maximum width of 7.6 metres (25 feet) and concrete curbing to be installed between the parking area and the landscaped area and between the access and landscaped area; and (iii) at least 3 metres (9.84 feet) in width between the parking area and the side property line extending back from Grandview Avenue and concrete curbing to be installed between the parking area and the landscaped area: as illustrated on a site plan to be approved by the Development Officer; (d) one fascia sign with a maximum area of 0.4 square metres (4 square feet) be permitted on the Grandview Avenue frontage; and (e) all site improvements be completed by August 31, 84-13 COMMON COUNCIL MARCH 15, 1993 1993. Mr. Richard Boyer of 47 Sherwood Drive appeared in opposition to the above-proposed amendments; made the observation that classes have been ongoing at the subject location since September 1992, and asked how it could be that the applicant could build and operate a broadcast school prior to having the property re- zoned. Mr. Boyer expressed concern about (1) the availability of parking for students to the broadcast school at this busy corner where on-street parking cannot be considered; (2) the possible erection of an unsightly transmission tower at the location to facilitate the broadcasting school; and (3) possible telephone, radio or television interference from the broadcast school. During discussion it was noted that, as indicated in the submitted application, the applicant was under the false impression when the property was purchased that it was already a limited commercial property, and also that the issue of parking is addressed, as is the concern about interference with radio or television reception. The matter of written objections to the proposal was broached from the point of view that, while Common Council was in receipt of no written objections, written objections were submitted to the Planning Advisory Committee as part of its process in this regard, and the manner in which enforcement of the Zoning By-Law is carried out was questioned in view of the indication that the broadcast school has been in operation. Mr. Donald Mabee of 220 Champlain Drive spoke in support of his application and, having advised that he is the operator of the broadcast school in question, offered to respond to Council queries in this regard. Mr. Mabee, replying to Council queries, commented on his lack of knowledge at the time of purchase that the property was not zoned commercial, having been told by a real estate agent that it was and having been given a plan, as submitted with the application which he discovered later to be a proposed plan, showing the property as commercial, and subsequently finding out that the property was not zoned commercial upon approaching the City about whether or not the broadcast school should be home occupancy thus leading to the subject application. Mr. Mabee noted that the parking area on the property can accommodate up to ten cars, as well as the property's accessibility to the bus route, and advised that there has been no problem to date with on-street parking other than in the case of a vehicle having been stuck in a snow storm in front of the parking lot; and also advised that students of the broadcast school, of which he would not take any more than 25 at a one time as he would be unable to accommodate more than that number, would be on his property during their breaks and at lunch time. On motion of Councillor Knibb Seconded by Councillor McAlary 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 at 811 Grandview Avenue and 220 Champlain Drive (NBGIC Numbers 55089007 and 55088991), located on the corner of Grandview Avenue and Champlain Drive, from Low Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor McAlary 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 at 811 Grandview Avenue and 220 Champlain Drive (NBGIC Numbers 55089007 and 55088991), located on the corner of Grandview Avenue and Champlain Drive, from Low Density Residential to District Centre Commercial classification, be read a second time. 84-14 COMMON COUNCIL MARCH 15, 1993 Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Trites 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 at 811 Grandview Avenue and 220 Champlain Drive (NBGIC Numbers 55089007 and 55088991), located on the corner of Grandview Avenue and Champlain Drive, from "R-1 B" One-Family Residential to "B-2" General 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. On motion of Councillor Knibb Seconded by Councillor Trites 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 at 811 Grandview Avenue and 220 Champlain Drive (NBGIC Numbers 55089007 and 55088991), located on the corner of Grandview Avenue and Champlain Drive, from "R-1 B" One-Family Residential to "B-2" General 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 McAlary RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (1) the proposed re-zoning of a parcel of land located at 19 Golden Grove Road (NBGIC Number 299925), from "R-1 B" One-Family Residential to "B-2" General Business classification; and (2) a proposed amendment to Section 520(2)(a)(iv) of the Zoning By-Law to read as follows:- "(iv) notwithstanding (i) or (ii) above, a beverage room, club or lounge may be located at 5-19 Golden Grove Road (NBGIC Numbers 305631,415273,299909,299719,298810,298776 and 299925).", to permit the existing Three Mile Beverage Room to be expanded, as requested by Three Mile Beverage Room (1978) Ltd., and that letters of objection were received in this regard from Maureen Lindsay and Robert Walsh, and Peggy and Jim Durning. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and two letters of objection and one letter expressing concern which were considered by the Committee at its March 9 meeting at which the applicant expressed agreement with Planning's recommendation, and Mr. Robert Walsh and Ms. Maureen Lindsay, owners of the property at 25 Golden Grove Road were in attendance and Mr. Walsh addressed the Committee in opposition to the proposal; and recommending that Common Council (1) amend the City of Saint John Zoning By-Law by re-zoning a parcel of land located at 19 84-15 COMMON COUNCIL MARCH 15, 1993 Golden Grove Road (NBGIC Number 299925), from "R-1 B" One-Family Residential to "B-2" General Business classification; (2) amend Section 520(2)(a)(iv) of the City of Saint John Zoning By-Law to read as follows:- "(iv) notwithstanding (i) or (ii) above, a beverage room, club or lounge may be located at 5-19 Golden Grove Road (NBGIC Numbers 305631,415273,299909,299719,298810,298776 and 299925)."; and (3) authorize amendments to the existing Section 101 agreement between the applicant and the City, as follows: (a) the terms of the agreement shall be applicable to the area of the proposed expansion in addition to the existing site; (b) the proposed paved parking area shall be developed with cast-in-place concrete curbs and catch basins no later than October 1, 1993; (c) the proposed landscaped area along the edge of the development adjacent to the property located at 25 Golden Grove Road shall be developed to a continuous width of at least 2.4 metres (8 feet) with a board-on-board fence, grass, shrubs and trees; (d) all proposed improvements to the property with regard to landscaping, parking, access driveways, freestanding sign (if any), and other site features, including those required in (b) and (c) above, shall be illustrated on a site plan approved by the Development Officer and completed by October 1, 1993; (e) the whole development shall be connected to the City sewer system no later than October 1, 1993; (f) security shall be provided, in the form of a letter of credit in an amount to be determined by the Development Officer, to ensure the completion of the developer's obligations in (b), (c), (d) and (e); (g) no building permit shall be issued until the security required in (f) is in place; and (h) easements shall be granted, at no cost to the City, for the extension of the sewer system in a location to be determined by the Chief City Engineer at a time to be determined by the City. Mr. James Durning of 576 Rothesay Avenue appeared in opposition and, having clarified that he is not opposed to the Three Mile Tavern, referred to his above-mentioned letter on the basis that it sets out what he would like to have done before the Tavern is expanded, such as the fencing off of the proposed additional parking lot from his approximately 70-foot lawn which will be open to the parking area with approximately 20 feet between the parking area and his lawn. Mr. Durning explained that, as his property is exposed to the actions of patrons of the bar day and night and he has grandchildren and other children visiting daily, a fence would give him privacy. Mr. Robert Walsh of 25 Golden Grove Road, speaking in opposition to the proposed amendments, advised that Mr. Peter Bardsley is considering purchasing his property; and explained that his concerns about the proposal relate to cars parking on the street, the 4 to 6 feet proximity of the subject property to his property in view of already-existing problems with garbage, bottles and glasses which Mr. Bardsley has indicated his intent to have cleaned up daily; and the occurrence in front of his residence of parked vehicles and fights, the latter which sometimes goes on until 3 or 4 o'clock in the morning. Mr. Peter Bardsley, owner of the Three Mile Beverage Room, addressed Council in support of his proposal to rename the facility and expand its food-services capability by offering catering and servicing for weddings, banquets and seminars, as well as hosting live sporting events; and concluded by commenting on the importance of having a good quality night life available in any city atmosphere. With regard to the concern about parking, Mr. Bardsley advised that, with the new proposal, there is approximately 100 parking spots which allows him, within the City by-laws, to accommodate approximately 600 people and that, possibly, he will have to consider the future use of other pieces of properties he owns; and, concerning Mr. Walsh's remarks about a fence, advised that he is confused in that Mr. Walsh last informed him that a fence was not what he wanted, although he does not have a problem with working out a solution in this regard upon identifying the Walsh property, and commented on the status of his possible purchase of the Walsh property. Respecting the comments about problems with patrons of the establishment, Mr. Bardsley explained that the problems alluded to by the residents were not brought to his attention prior to last Monday evening since which the subject has been addressed at a managers' meeting and the security people, and also that Police presence in the area of the establishment is encouraged because it makes his job easier; and, with respect to the reference about garbage in the area, suggested that, as the Three Mile Beverage Room is not a food take-out as such, the food and bottles disposed of on the property could be disposed of by the customer upon arriving at the Beverage Room, 84-16 COMMON COUNCIL MARCH 15, 1993 and advised that he is prepared to clean up such garbage and litter as it does not make his property, nor neighbouring properties, look good. Concerning beverages being removed from the Beverage Room, Mr. Bardsley explained the intent to use one major door or access, with the other doors available only for exiting so as to meet the National Building Code. In response to the Mayor, Assistant Deputy Chief Bodechon advised that there are conditions under the Liquor Control Act concerning intoxicated persons, and that the Police Department receives calls from all liquor establishments from time to time regarding fighting, etcetera, outside the establishments; and, with regard to the Mayor's concern that it appears from the residents' comments that the Police are in the area of the establishment concerned but whether or not the Police are doing anything is another thing, assured her that the Police are always there to do the job that has to be done, and that the matters of concern can be looked at. The Mayor asked if the proposal referenced by Mr. Bardsley about amateur boxing and a boxing ring in the establishment is in keeping with the proposed amendments, to which Mr. Baird replied that the Zoning By-Law does not speak to the types of entertainment that beverage rooms and lounges bring in, and that is a matter with which the Liquor Licensing Board deals. The Mayor referred to the indication in the submitted report from the Planning Department that, until the requirement for additional parking facilities is resolved, the expanded establishment will be limited in capacity to that which can be accommodated by the on-site parking facilities, and asked if the applicant has agreed to that, to which Mr. Baird replied that, in the discussions with the applicant, he has agreed to that and that this would be monitored in terms of ensuring that the licensed number corresponds to the parking that is available and the City would be communicating that to the Liquor Licensing Board. On motion of Councillor Knibb Seconded by Councillor Landers 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 19 Golden Grove Road (NBGIC Number 299925), from "R-1 B" One- Family Residential to "B-2" General Business classification, be read a first time. Question being taken, the motion was carried with the Mayor 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 Chase 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 19 Golden Grove Road (NBGIC Number 299925), from "R-1 B" One- Family Residential to "B-2" General Business classification, be read a second time. Question being taken, the motion was carried with the Mayor voting "nay". 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 Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Section 520(2)(a)(iv) to read as follows: "(iv) notwithstanding (i) or (ii) above, a beverage room, club or lounge may be located at 5-19 Golden Grove Road (NBGIC Numbers 305631,415273,299909, 299719,298810,298776 and 299925)".", be read a first time. Question being taken, the motion was carried with the Mayor voting 84-17 COMMON COUNCIL MARCH 15, 1993 "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 Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Section 520(2)(a)(iv) to read as follows: "(iv) notwithstanding (i) or (ii) above, a beverage room, club or lounge may be located at 5-19 Golden Grove Road (NBGIC Numbers 305631, 415273, 299909, 299719,298810,298776 and 299925)".", be read a second time. Question being taken, the motion was carried with the Mayor voting "nay". 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 Landers RESOLVED that the correspondence regarding the proposed Zoning By-Law amendments relative to 5-19 Golden Grove Road be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, an area of land approximately 0.46 acres to be subdivided from an 0.92 acre parcel of land at 47-51 Baxter Road (a portion of NBGIC Number 311308), from Low Density Residential to Light Industrial classification, to permit the portion of land which contains an autobody shop to be subdivided and re-zoned from "RS-2" One and Two-Family Suburban Residential to "1-1" Light Industrial classification so that the business may be expanded, as requested by Mr. Raymond MacMurray. 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 at 2281 Loch Lomond Road (NBGIC Numbers 327114 and part of NBGIC Number 327122), located at the northeast corner of Loch Lomond Road and Foriere Drive, from Low Density Residential to District Centre Commercial classification, to permit the property to be re-zoned to the "B-2" General Business Zone and used for commercial purposes, including a banquet hall for dinners, dances, bingos and community events, as requested by Diesel Power Services Ltd. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, an area of land being approximately 10 acres in size with frontage on both Westmorland Road and McAllister Drive, also being part of NBGIC Number 307397, from Major Institutional to District Centre Commercial classification, to permit the re-zoning of the same area to the "SC" Shopping Centre zone and the development of an un-enclosed neighbourhood service mall, as requested by Protective Developments (N.B.) Ltd. Consideration was given to a report from the City Manager referring to Council's endorsement in August 1992 of a series of steps to streamline the approval process for applications for certificates of appropriateness for the Heritage Program, following which funds were approved as part of the budget process for the Heritage Program to enable several of these steps to begin; submitting (a) a copy of a brochure entitled "Heritage Preservation Area By-Law Explained", which is written in user- friendly, straight-forward language, with sketches illustrating appropriate solutions to use in design and construction projects, to help property owners understand the form of development which is used in preservation areas; (b) a copy of the application form which was developed so as to guide applicants through the approval process and clearly illustrate what is expected as a part of a complete application; (c) copies of three 84-18 COMMON COUNCIL MARCH 15, 1993 Practical Preservation "typical details" on (i) Stairs, Decks & Fire Escapes, (ii) Doors, and (iii) Paint & Colour, designed not only to provide information to make the current policies and standards more understandable, but so that applicants can simply add their information on the detail sheet itself and make it part of the application thereby making it much easier and faster for the applicant to provide the information required; and (d) a copy of the Signs and Awnings guidelines, revised and reformatted from the mid-1980s, as two separate components of the Practical Preservation Guideline series, with "typical detail" sheets incorporated so that the information is easier for the applicant to understand; and concluding that staff is continuing to work with the Province to implement a change in the Provincial legislation to allow for the appointment of a municipal heritage officer and to allow the delegation of the approval of certificates to that officer, which would reduce the approval time for applications as the officer (Heritage Planner) would be able to approve the applications that comply with specific heritage preservation standards established and approved by the Preservation Review Board (such as the "typical details" noted above). Mr. Bedford advised that several months ago Council, in response to the construction industry, began an initiative to implement a development facilitative person in City Hall to help the approval of development within the City and that at the same time the Preservation Review Board and City staff were looking at methods of assisting property owners within the preservation areas of the City to more easily process their applications and have them approved much more quickly, which has resulted in the design of user-friendly application forms and guidelines to streamline this process. Mr. Bezanson, through a slide presentation, commented on the above-referenced documentation. The Mayor welcomed to the Council Chamber Mr. Ernest Wedge of the Preservation Review Board. (Councillor M. Vincent withdrew from the meeting as he was not present for the March 1 public hearing of the proposed Street Closing By-Law amendment with respect to closing a portion of Kennedy Street.) Consideration was given to a report from the City Manager regarding the proposed closing of a portion on Kennedy Street, the first reading of the proposed Street Closing By-Law amendment having been tabled at the March 1 public hearing for a review of the issues raised; commenting on the possible emergency use of the Kennedy Street launch site by the Coast Guard, the Fire Department, the Saint John Port Corporation and the Department of Fisheries; and advising that, with respect to the possibility of an easement acquired for the sewer line crossing Mr. Carpenter's property, the Legal Department's search at the Registry Office indicates no indication of an easement; however, it is the Legal Department's opinion that the City could not be forced to remove the line but access for repair or replacement could be denied by the land owner. The report also advises that, while staff has reviewed alternative methods of providing the emergency access and discussed the possible opportunities with Mr. Carpenter of incorporating such an access into his development, further review and discussion in this regard would be required; proposes the following three alternatives for Council's consideration on the basis that staff, on the input noted, believes that maintaining access for emergency purposes is important:- (1) do not proceed with the proposed street closing; (2) proceed with the street closing as proposed; and (3) proceed with the street closing on condition that alternate access is available to the water; and recommends that this report be received and filed. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Kennedy Street, be read a first time. Deputy Mayor McAlary advised her intent to vote against the closing of Kennedy Street as there is a great amount of uncertainty about the access to the water and she is not satisfied that an alternate access to the water can be found, and she also has concerns about the credibility of the project and that conditions placed by the 84-19 COMMON COUNCIL MARCH 15, 1993 City in the past on this property, which is a very visible area to citizens and tourists who visit the Saint John Power Boat Club, have not been kept; therefore, she is not in favour of the project going ahead nor the closing of Kennedy Street to make that possible. Councillor Coughlan, on a question on procedure, asked if it is the intent of the mover and seconder of the above motion to proceed in accordance with alternative (3) set out in the City Manager's report; and Councillors Knibb and Rogers indicated that that is the intent of the motion. Councillor Gould expressed opposition to the proposed Street closing on the basis that there is nothing to suggest by passing the above motion that access to the water will be assured. Mr. Todd advised that, while Mr. Carpenter has proposed to staff a method of providing access, time did not permit staff to finalize those details with him last week, and that alternative (3) is proposed so that staff would be able to work on those specific details and report to Council before third reading is considered. Councillor Landers advised her intention to oppose the above motion on the basis that nothing in the past has been rectified, nor has there been a will to clean up the property and look after the area at the foot of Kennedy Street, and she noted that at the public hearing there was some suggestion that Mr. Carpenter is now thinking about a fish plant in the area, which has never been mentioned before, and, in her opinion, Council does not know from Mr. Carpenter the full intent of what is to be in that area. Councillor Trites asked if it would be staff's intent to have any ongoing dialogue with residents of Kennedy Street after meeting and negotiating with Mr. Carpenter, to which Mr. Todd replied that, if Council wishes staff to do that, staff would gladly undertake to have that dialogue; however, discussions with Mr. Carpenter to this point have dealt specifically with emergency access to the water, and not with the issue of public access which is quite different from Mr. Carpenter's point of view. Councillor Chase, on the basis of Mr. Todd's indication that staff has focused its efforts since the March 1 public hearing on dealing with the issue of emergency access and has had no dialogue at all with the residents, advised that the residents themselves still have substantial concerns and worries about this matter, the question of a boat ramp being only one of a list of enumerated concerns; therefore, he would not be supporting the motion. Councillor A. Vincent, a member of the Saint John Port Corporation, asked with whom at the Corporation staff had discussion as the matter was not discussed at any Board meeting at which he was present, to which Mr. Todd replied that, while he is not aware of the staff members at the Corporation with whom City staff had discussion, the issue would have been dealt with with the staff of the Port Corporation, and not with the Board. During discussion Mr. Todd commented on negotiations with Mr. Carpenter in an attempt to allow for the development of Mr. Carpenter's property in a fashion which has been dealt with through a re-zoning process, and advised that, if Council chooses not to close the street, then the issue is to have Mr. Carpenter remove the buildings that are on the City right-of-way, and that, if the street is closed, it will be necessary to again go through a re-zoning process, and that staff has been trying to deal positively with Council on a number of options dating back as early as 1989 on this issue, and that the solution arrived at, in his opinion, is an opportunity to resolve a long- outstanding matter. Question being taken, the motion was lost, a tie vote having been created with Councillors Chase, Gould, Landers, McAlary and A. Vincent voting "nay". Councillor Landers proposed a motion to adopt alternative (1) in the above report from the City Manager; and the City Solicitor explained that, as he understands it, the motion was first reading to a Street closing and the understanding of the motion was that prior to third reading alternative (3) would be considered; therefore, having regard to the fact that the motion was for a reading to a Street Closing By-Law which involved a public hearing, the defeating of that motion means that the process has to be recommenced to get the matter before Council again. (Councillor M. Vincent re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from the President of the Federation of Canadian Municipalities thanking Common Council for its interest and quick response to the FCM committee on the Federal freeze on grants in lieu of taxes to municipalities (GILs), which was the subject of Common Council resolution of January 25, 1993 -- be 84-20 COMMON COUNCIL MARCH 15, 1993 received and filed and FCM be thanked for its letter. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne submitting a copy of her letter, dated March 9, to the Mayor and Council of Bathurst thanking them for their support in the matter of the abandonment of the CPR Line from Sherbrooke, Quebec, to Saint John -- be received and filed and the Mayor and Council of Bathurst be thanked for their support. Question being taken, the motion was carried. Consideration was given to a letter from Councillor A. Vincent referring to Common Council resolution of February 22 amending the Section 39 conditions relevant to 660 Brown Street; and asking how the City of Saint John intends to police the restriction of the billiard hall or pool room to persons over sixteen years of age, and that the City Manager and City Solicitor confirm in writing whose duty it is to enforce the by-law passed for this particular pool hall and to supply him with after-hour home phone numbers as he personally intends to see that the resolution is upheld or rescinded. Councillor A. Vincent advised that it has been brought to his attention that there were children under the age of sixteen years in the Brown Street pool hall; and made the observation that, if Council puts limits on something, such as is the case of the Section 39 resolution pertaining to 660 Brown Street in that it restricts the billiard hall or pool room to persons over sixteen years of age, the City should be able to police it; and he asked who is to police the billiard hall and what the penalty is if the age restriction is violated. Mr. Brown advised that the Building Inspector is responsible for the enforcement of Section 39, Section 101 and the Zoning By-Law infractions; and Mr. Bedford noted that Council has applied the condition relating to age by a Section 39 resolution; and advised that, as a result of Councillor A. Vincent's call to him, he requested the Building Inspector to follow his normal enforcement process and the Building Inspector did call the pool hall operator who acknowledged that there were underage people there during the first couple of days of operation, and that he has undertaken to ensure that everybody in the premises is over 16 years of age and has agreed to put a sign in the premises. Mr. Bedford also advised that, in the normal process of enforcing the Zoning By-Law, staff attempts to work with the owner to achieve enforcement and that, as a result of the complaint, staff will be following-up in the next week or two, after which time it will be on the basis of complaint again. With regard to penalty, Mr. Rodgers explained that, if at some point if Section 39 conditions are not satisfied, the process available to Council is to take steps to revert the re-zoning and, upon completion of that process, any further operation of the premises whatsoever is then a violation of the zoning and further steps would be taken to enforce that, and that the reversion process would take the same length of time it takes to put a zoning in place. (Councillor Rogers withdrew from the meeting during the above discussion.) On motion of Councillor A. Vincent Seconded by Councillor Trites RESOLVED that the above letter from Councillor A. Vincent be received and filed and staff continue to monitor the situation. (Councillor Rogers re-entered the meeting.) Question being taken, the motion was carried. Consideration was given to a report from the City Manager referring to Council's approval on July 8, 1991 of the extension of ADI Limited's terms of reference for the concept and design of the entrance way to Rockwood Park to include final 84-21 COMMON COUNCIL MARCH 15, 1993 construction specifications and drawings; and advising that ADI was engaged on a per diem basis all as per the Engineering Association's schedule of fees, estimated by staff at a cost of $35,000 plus G.ST; explaining that, because of the complexity of the work, the consultant was required to spend more time than anticipated with the final result being a cost of $41,350.50 plus G.ST; and recommending that approval be given for payment of the submitted invoice in this regard. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, approval be given for payment of the submitted invoice from AD.1. Limited in the amount of $6,795.04, as final payment for Rockwood Park entrance way construction specifications and drawings. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract92-19 Station Street - Phase 1 QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated March 8, 1993 Partial holdback release $527,365.20 510,021.06 21,727.88 424,579.88 63,713.30 4,168.16 $ 63,713.30 2. Contract 92-18, Water and Sewer Renewal. Ludlow Street QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated March 10, 1993 Final holdback release. $127,115.00 128,548.78 Nil 113,426.24 15,122.54 989.33 $15,122.54 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $57,000 be accepted from Strescon Limited as security to ensure the rehabilitation of the gravel pit at 101 Ashburn Lake Road. Question being taken, the motion was carried. Read a report from the City Manager advising that, further to Common 84-22 COMMON COUNCIL MARCH 15, 1993 Council resolution of March 8 authorizing the execution of the Challenge '93 application/agreements, the applications were forwarded for the approval of Employment and Immigration on March 10, and Human Resources staff was subsequently advised that the deadline for employers to submit applications had been extended to March 19 and, as a result, a number of department heads, having missed the original deadline, expressed an interest in making a submission and, accordingly, applications have been prepared, and the City is able to proceed with three additional positions under Challenge '93; and also advising that the Executive of Local No. 486, C.U.P.E., concurs with these applications and the positions identified are not related to the work of other bargaining units. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the necessary application/agreements relative to the Challenge '93 Federal student summer employment program, for submission to Employment and Immigration Canada by March 19, 1993. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the low tender of Eddy Group Ltd. of Saint John be accepted for the supply of gate valve box components, at the prices indicated in the submitted bid summary. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Dymaxion Research Ltd., in the amount of $37,488.18 (taxes included), be accepted for a VAX computer upgrade. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council ratify the submitted Letter of Agreement with Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., regarding articles 9.22 and 19:01(b) and that the Mayor and Common Clerk be authorized to execute the Letter of Agreement on behalf of the City. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the Mayor and Common Clerk be authorized to execute the proposed Budget of Estimated Expenditures for the fiscal year ending March 31, 1993, of the Saint John Harbour Bridge Authority, in compliance with the agreement between Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) 84-23 COMMON COUNCIL MARCH 15, 1993 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on March 8, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Deputy Mayor Shirley McAlary be appointed as Council's representative on the Board of Uptown Saint John Inc. for a term of two years effective April 1993. 2. That as recommended by the Nominating Committee, Marie Trainor and Melanie Bell be appointed to the Arbor Day Committee for a term to expire December 31, 1994, replacing Lydia Lewycky and Ann Perry, who have resigned from the Committee. 3. That as recommended by the Nominating Committee, William Eaton be appointed to the Fort LaTour Development Authority for a term to expire November 15, 1993, replacing Patricia Darrah-MacFarlane, who has resigned from the Authority. 4. That as recommended by the City Manager, Mr. J. Roderick Flood, acting on behalf of M. Grace Roderick, be advised that the City is not interested in acquiring the land designated "Playground" in Sunset Heights. 5. That as recommended by the City Manager, the City acquire from the YMIYWCA 415 square metres (4467 square feet) of land needed for the pedestrian link between the Mercantile Centre and the civic centre, shown as Lot 92-1 on a preliminary subdivision plan entitled Saint John YMIYWCA Inc. Subdivision prepared by Hughes Surveys and Consultants Ltd. and dated November 30, 1992, under the following terms:- (1) the City will complete work on behalf of the YMIYWCA, including the construction of a set of exterior stairs to its parking lot from Carleton Street, to a maximum value of $25,000; (2) the YMIYWCA will be reimbursed for any legal or appraisal fees incurred in completing this transaction to a maximum of $3,000; (3) the City will grant the YMIYWCA, or others authorized by it, a right-of-way from the new termination of Carleton Street to the rear of its property; (4) the YMIYWCA will grant a right-of-way to the City to permit access to the side of the civic centre pedestrian link for service and to permit access from an emergency exit, such right-of-way to be in the same area as the right-of-way granted to Saint John Mercantile Centre Ltd. by agreement dated February 23, 1993; and (5) the City will surrender the right-of-way acquired October 23, 1991 over the YMIYWCA property as recorded in Bk 1533, P. 480. 6. That as recommended by the City Manager, the City of Saint John fund the March Break ice time in both 1992 and 1993 for the Lancaster Minor Hockey Association; and further that staff develop a policy for funding minor sports in the City for Council's approval (e.g. minor hockey, basketball, speedskating, figure skating, high school hockey). 7. That the City Solicitor or his designate be authorized to file and proceed with an application for judicial review of the arbitration award of a board chaired by Mr. Christopher Collier, dated the 18th day of December, 1992, dealing with a C.U.P.E. Local 486 grievance dated April 19, 1990, alleging, among other things, that the Forester position "...is within the bargaining unit and should be evaluated as per Article 19.". March 15, 1993, Respectfully submitted, (sgd.) Elsie E. Wayne, 84-24 COMMON COUNCIL MARCH 15, 1993 Saint John, N.B. C h air man. On motion of Councillor Chase Seconded by Councillor Landers RESOLVED that sections 1, 2 and 3 of the above report be adopted. Question being taken, the motion was carried. (Councillor Rogers withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. (Councillor Rogers re-entered the meeting.) On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that section 6 of the above report be adopted. Mr. Brown, in response to Councillor Rogers' observation that staff was also asked to take into consideration events other than sporting events, confirmed that during discussion in Committee of the Whole there was a request that groups, such as the Boy Scouts, be also taken into consideration. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of Danny Doiron, Roderick MacBain, Robert Ash, Mike Hall and Rodney Hanifan for a Zoning By-Law text amendment with respect to an in-house brewery be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 26, 1993. 84-25 COMMON COUNCIL MARCH 15, 1993 Mr. Bedford explained that the above application does not pertain to one specific site but rather that it is for the ability to introduce in-house breweries into the zone that permits liquor licensed establishments, and is really for an expansion to the definition of that particular type of use, and that in-house breweries, which make their own brew for sale to individual pubs, have existed for some time outside of New Brunswick and it is his understanding that there are some in other cities in New Brunswick at the present time. It was suggested that Council could be provided a teach-in on the type of establishment in question. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Saint John Home Builders' Assoc. advising that it, in conjunction with Canada Mortgage and Housing Corporation which is renovating the Rifle Range Housing Project, is commencing a waste management project and will try to recycle doors, windows and kitchen cabinets; and soliciting the endorsement of the City of Saint John for the Rifle Range Recycle Project -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk