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1993-04-26_Minutes 84-76 COMMON COUNCIL APRIL 26, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-sixth day of April, 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; B. Morrison, Director of Parks; J. Johnson, Building Inspector; D. Logan, Purchasing Agent; J. Baird, Manager - Development Division; 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 Rogers RESOLVED that minutes of the meeting of Common Council, held on April 19, 1993, be approved. Question being taken, the motion was carried. The Mayor proclaimed April 28 to May 2 to be Kids Sense Week, which is sponsored by the International Council of Shopping Centres as a community public service to raise awareness of safety issues, with this service being provided in Saint John by Brunswick Square, Market Square, McAllister Place, Parkway Mall, Prince Edward Square Mall, Loch Lomond Mall and Lancaster Mall; and April 26 to May 1 as New Brunswick Society of Certified Engineering Technicians and Technologists Week in recognition of the Society's 25th annual convention in Saint John on April 30 to May 1. (Councillor A Vincent entered the meeting.) The Mayor noted the 50th Anniversary Observance of the Warsaw Ghetto Uprising in commemoration of the Holocaust to be held in Saint John at the Jewish Synagogue at 15 Carleton Street on May 5; advised that she and City Manager John Brown will be in Toronto on May 5 for Saint John Night during New Brunswick Days in Toronto; commented on the new VIA Rail car which was available for public viewing in Saint John on April 25; also noted the announcement earlier this date at Market Square of the joint VON Saint John Inc. and Loyalist Days Inc. First Annual Ball to be held on June 12 at the Trade and Convention Centre; and also commented on the activities planned for May 1 to celebrate the Bicentennial of the 3rd Field Artillery Regiment (The Loyal Company), one activity being the City's presentation to the Regiment of a reproduction of its original Colours. The Mayor advised that she was appointed, at the Cities of New Brunswick Association, Inc., meeting last week, as the member of the Board of Directors of the Federation of Canadian Municipalities to represent the Cities at the next meeting. Mr. Robichaud made the observation that the City's annual spring cleaning activities have been underway for the past two weeks, and hot mix asphalt was made available to the City on this date; and the Mayor asked, on behalf of Keep Saint John Beautiful Inc., for citizens to assist in the clean-up by picking up and bagging litter for City workers to collect. 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 located at 96 Richard Street 84-77 COMMON COUNCIL APRIL 26, 1993 (NBGIC Number 344663), from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same area of land from "RF-2" One- and Two-Family Residential to "B-2" General Business classification, to permit retail sale of tropical fish and related supplies in the basement of the existing building, as requested by Mrs. Dianne Rutherford, 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 April 20 meeting at which the applicant was present in support of the above application and no one appeared in opposition and no letters of objection were received; 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 a parcel of land located at 96 Richard Street (NBGIC Number 344663); and (2) the same area of land be re-zoned from "R-2" One and Two-Family Residential to "B-2" General Business classification. Mr. George Rutherford of 96 Richard Street appeared in support of the above amendments; advised that he is Dianne Rutherford's husband; noted the property uses in the area from Bayside Drive through Richard Street from the point of view of the subject property being the only residential property in this area which is over a block long, while across the street out of thirteen homes only two are individual residences, with the remainder being multi-family dwellings, most of which are not owner-occupied; and noted that, while the Planning Department recommended denial of the application, the Planning Advisory Committee's recommendation is in favour of the proposal. On motion of Councillor Knibb 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, a parcel of land located at 96 Richard Street (NBGIC Number 344663), 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 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, a parcel of land located at 96 Richard Street (NBGIC Number 344663), from Low Density Residential to District Centre Commercial 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 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 a parcel of land located at 96 Richard Street (NBGIC Number 344663), from "R-2" One and Two- Family Residential to "B-2" General Business classification, 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. 84-78 COMMON COUNCIL APRIL 26, 1993 On motion of Councillor Rogers 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 located at 96 Richard Street (NBGIC Number 344663), from "R-2" One and Two-Family Residential to "B-2" General Business 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 Rogers Seconded by Councillor M. Vincent 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 amending the conditions attached to the 1972 re-zoning of Prince Edward Square, 20 Prince Edward Street (NBGIC Number 18275), to permit the installation of additional facia signage on the side of the building, as requested by Marcel Beaurivage, Bargain Giant, 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 by the Committee at its April 20 meeting at which the Manager of Prince Edward Square appeared on behalf of the applicant and no one appeared in opposition to the application and no letters were received either in favour of or against the application; and recommending that the Section 39 conditions attached to the May 8, 1972 re-zoning of Prince Edward Square, 20 Prince Edward Street (NBGIC Number 18275), be amended to permit a 3.95 square metre (42.5 square foot) facia sign on the side of the building facing the underground parking garage. Heather Peterson of Old Neck Road, Quispamsis, was present in support of the above application representing Bargain Giant, and offered to respond to any questions of Council in this regard. On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 conditions attached to the May 8, 1972 re- zoning of Prince Edward Square, 20 Prince Edward Street (NBGIC Number 18275), be amended to permit a 3.95 square metre (42.5 square foot) facia sign on the side of the building facing the underground parking garage. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent 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 amending Common Council resolution of July 22, 1985 which limited the use of the property at 4207 Loch Lomond Road to a service station, sale of gas and other automobile-related activities, to permit the use of approximately 800 square feet of existing premises for the sale of groceries, hardware and other household items, in addition to uses presently permitted, as requested by Irving Oil Limited, and that no written objections were received in this regard. 84-79 COMMON COUNCIL APRIL 26, 1993 Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and a copy of a letter in favour of the above application considered by the Committee at its April 20 meeting at which representatives of Irving Oil Limited appeared in support and representatives of the Airport General Store appeared in opposition to the application; advising that after considerable discussion and debate the Committee adopted Planning staff's recommendation; and recommending that the application to amend the Section 39 resolution not be approved. Mr. Mark Armstrong of 248 Lakeside Drive, Manager and Partner of the Airport General Store at 4105 Loch Lomond Road, was present in opposition to the above-proposed amendment; filed with the Common Clerk a petition containing approximately 400 signatures of local and area residents opposing the Irving application; and commented on the history of the subject property from 1960 at which time a service station was a non-permitted use, through 1985 at which time the property was re-zoned subject to Section 39 conditions, noting a 1989 application for a Section 39 amendment which was not approved. Mr. Armstrong addressed the competitive aspect of the subject application from the point of view of the difficult times experienced in the last three years in the entire convenience store industry, including the Airport General Store, and the planning perspective based on his opinion that there is no reason to support a change in the historic pattern of a service station with gas pumps and a convenience store with gas service at a neighbouring site; and, having clarified that the Airport General Store is not opposed to doing business with the Irving Group by citing examples of its continuing business through purchases, requested Council's continuing support in this issue. During discussion Mr. Armstrong responded to Council queries with regard to the size of his convenience store, the number and proximity of other convenience stores in the area, the various aspects of his business in that gas sales would represent approximately 50 per cent of his sales, while about 50 per cent of in- store sales is in tobacco and lotto tickets and the remainder in soft drinks, confection, bars and potato chips, and the area from which his business is generated. Mr. Dennis Beaudet of 110 Winchester Drive, Quispamsis, an employee of Irving Oil Limited, appeared on behalf of the applicant and its lessee, Mr. Morris Brown; noted the presence in the Council Chamber of Mr. Rod Adams, Regional Manager of Irving Oil Limited and Morris Brown and his family; and, through a slide presentation, commented on the history of and renovations made to the subject property, as well as the necessity, in order to keep the location viable in view of considerable loss of money, for Irving Oil to subsidize the station in 1988, and the 1989 application for an amendment to the restrictions, realizing that service bays alone would likely continue to show poor financial performance, which would allow for the utilization of 792 square feet of interior space to retail a small amount of grocery items, hardware, etcetera, and provide additional revenue for Mr. Brown, the new lessee at that time, so he could turn a profit at the subject location; however, although the small grocery area in question, which represents about one third of the total floor area, was not considered by Irving Oil Limited to be a threat to anyone in that Irving's true convenience stores range from 2,400 to 3,400 square feet, the amendments considered necessary to help make the location viable were refused. Mr. Beaudet explained that it is now considered necessary to come again before Council because the economy has continued to deteriorate and, with the existing restrictions to the re-zoning, there is very little that Irving Oil Limited can do to help its lessee, Morris Brown, improve his financial situation in that in 1992 it was necessary for Irving Oil Limited to again subsidize the location, and oil companies must make difficult decisions to either upgrade locations like the applicant is proposing to do in this case to make them viable, or close those that cannot be made viable. Mr. Beaudet advised that, because of the restrictions placed on the 1985 re- zoning of the subject property, the applicant is not able to adjust to industry and economic changes, while other petroleum-related businesses in the same market area or further along the same traffic lane have been continually diversifying their services as they wish to provide fast foods, movies, video lottery machines and bulk animal food; and expressed the opinion that utilizing the area of 792 square feet for a small convenience store would provide convenience and freedom of choice for Irving customers and really would not pose a threat to anyone and, as well, would provide some badly-needed income so Mr. Brown has the ability to make a fair living and keep his morale up, and that the proposed small convenience store would contribution enough revenue to make the location viable and give Morris Brown and his family a decent living, and as well the vast majority of revenue would come from Mr. Brown's own 84-80 COMMON COUNCIL APRIL 26, 1993 gasoline customers, which is a ready-made market based on internal statistics which indicate, based on 1992 gallonage multiplied by the average ratio that shows that for every gallon of gasoline pumped at a convenience store, $1.26 is purchased inside the location from its own customers which makes for a total inside sales of over $400,000 which, even at a 20 per cent margin, would give enough revenue for Mr. Brown and his family to feel good about being at the subject location. Mr. Beaudet also advised that, if Council could see its way clear to give the applicant some flexibility in utilizing the vacant space at the subject location for a small amount of groceries and hardware to help him stay in business, the applicant could certainly live with a restriction such as, for example, the fact that the convenience store could be up to 800 square feet and no bigger, or the space would not be utilized for grilled or deep-fried fast foods or a restaurant or a take- out or video sales or rentals, video lottery machines, or bulk animal food, such as exists at the adjacent location. Mr. Beaudet referenced the indication in the Planning Department's report that, from a technical point of view, the proposal would not result in greater traffic, the impact on adjacent properties should not increase due to increased range of products, the Engineering Department has no objections, and there is a significant paved area on the site; suggested that it seems clear that the refusal to amend the restrictions laced on the re-zoning in 1985 was based solely on the requirement for two kilometres between convenience stores in suburban areas, and the Planning Department's report and the Planning Advisory Committee indicate that this is the rationale used to limit the retailing sales at the subject location in 1985 and in 1989; and made the observation that, as dictated by the sheer small size of the grocery area, the subject location would be a service station first and a convenience store second. Mr. Beaudet suggested that, as mentioned in the Planning Department's report, the fact that the Airport General Store has been constantly adding new services and enlarging the store area and is in a state of non-conformity, along with the fact that the subject location is zoned "B-2" General Business, indicates that, from a practical point of view, both area business zones and the two-kilometre rationale should not apply as both Irving Oil Limited and Morris Brown need the permission of Council to utilize the unused space in the subject location to help generate additional revenue to provide for the long-term security of this location and its services, and this will also benefit Irving customers as well as the general public; and requested that Council allow the use of existing space to help make the subject location viable. Mr. Beaudet expressed the opinion that the proposed amendment would have no major impact on the adjacent operation on the basis of the broadly-diversified nature of the adjacent operation, as well as an indication at the Planning Advisory Committee meeting that only 15 percent of the adjacent operation's total business sales are created from grocery items, and the required sales to make the Airport Irving viable will be mainly present gasoline customers as it is a ready-made market based on its own customers and all the inside sales required to make the location will be created from present gasoline customers. In response to Council queries, Mr. Beaudet expressed the opinion that, with respect to the Airport General Store's concern about competition, the applicant's convenience store, if permitted would be successful as the subject location has a loyal customer support and the size of the space is not a big enough drawing card to be a real threat to anybody, and also that the applicant feels confident that there is enough business there; explained that, based on the applicant's experience, sales of 325,000 gallons of gasoline would give enough inside revenue to provide enough income to make the location viable for Mr. Brown and his family; and advised that, while it is possible that Irving Oil Limited may oppose an attempt by somebody else to move within two kilometres of the subject location and while he certainly does not begrudge Mr. Armstrong being present, it is a situation that the location is there now, the space is there now, and it's a small amount of space, and all the applicant wants to do is make Mr. Brown and his family have a decent income because he has actually given his notice just recently and Irving Oil Limited would prefer that he stay. In response to the Mayor, Mr. Brown advised that he has been at the subject location for four years and that two of his sons work with him, one full time and one part time, and that his other so, who is fifteen years of age, will probably start working with them in a year or so if he is still at the location. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that Council grant the application of Irving Oil Limited and amend Common Council resolution of July 22, 1985, which limited the use of the property at 4207 Loch Lomond Road to a service station, sale of gas and other automobile-related activities, to permit the use of approximately 84-81 COMMON COUNCIL APRIL 26, 1993 800 square feet of the existing premises for the sale of groceries, hardware and other household items, in addition to uses presently permitted. Councillor Trites asked for clarification of Mr. Beaudet's reference to the Airport General Store having indicated to the Planning Advisory Committee that its business is comprised of 15 per cent grocery sales in that each time the 15 per cent was mentioned at this meeting Mr. Armstrong has given an indication that this is not the case. The Mayor asked the propriety of this question in view of the public hearing being over, to which Mr. Rodgers replied that Council members have a right to ask questions, if there is something that requires clarification, of those who have made presentations. Mr. Armstrong explained that the specific question that was asked was for grocery items only to which he responded 15 per cent, and he was not including chips, soft drinks, bars and confection items, but only basis canned goods or juice; however, in-store sales are 50 per cent of the total sales of the store. Mr. Adams responded to Councillor M. Vincent's concern about the reference to approximately $400,000 of sales being generated from the subject location based on his opinion that this would have to affect other existing operations, to the effect that the $400,000 referred to is the average for all Irving Convenience Stores in the Province of New Brunswick, and $400,000 will not be generated at the subject location but rather the lower of the average which could be in the vicinity of $300,000 or $280,000 which is going to be within the realm of what is considered to be required to offset the subsidy and make the location viable for Mr. Brown, and noted that the proposed 792 square foot space is well below the average 2,400 square foot Irving convenience store. Councillor Trites, on a point of order, asked the propriety of Mr. Adams responding to questions at this time as he did not make a presentation during the public hearing, to which Mr. Rodgers replied that, while the public hearing ended with the above motion, council members have a right to ask questions, which is a big difference from people in the Council Chamber asking to come forward and, in this case, Councillor M. Vincent asked a question which Mr. Adams clarified. Councillor Chase questioned the 2-kilometre separation requirement to which Mr. Baird replied that the Zoning By-Law contains a provision that allows convenience stores to be located in suburban residential zones as long as they meet the distance separation requirements and, in this particular area, 2 kilometres is the set distance; however, as the requirement only relates to those properties in residential zones, this concern was addressed through a Section 39 condition when it was clear that the requirement would not apply when the property was re-zoned, thus the reason for the application for a Section 39 amendment at this time. Question being taken, the motion was lost with Councillors Chase, Coughlan, Gould, Landers, Rogers, Trites and M. Vincent voting "nay". Councillor Landers proposed a motion, which was seconded by Councillor Rogers, to adopt the Planning Advisory Committee's recommendation to not approve the application to amend the Section 39 conditions, whereupon the Mayor called for a motion to receive and file the above report from the Planning Advisory Committee on the basis that Council, in turning down the application, did not approve it. On motion of Councillor Chase Seconded by Councillor M. Vincent 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 amending the definition of a beverage room in Section 20 of the Zoning By-Law to include an in-house brewery, to permit the operation of an in- house brewery as part of a licensed beverage room, as requested by Messrs. Danny Doiron, Roderick MacBain, Robert Ash, Mike Hall and Rodney Hanifan, 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 by the Committee at its April 20 meeting at which Messrs. Roderick MacBain and Robert Ash were present in support of the proposal and Mr. MacBain gave a brief presentation on in- house breweries and the brewing process and is prepared to make this same presentation to Council, and no other persons were in attendance and no letters were 84-82 COMMON COUNCIL APRIL 26, 1993 received; and recommending that Common Council amend the definition of "beverage room" in Section 20 of the Zoning By-Law to read as follows: "'beverage room' means premises licensed as a beverage room under the Liquor Control At, and includes, as a secondary use, premises licensed as an in-house brewery under the Liquor Control Act.". Mr. Roderick MacBain, 58 Orange Street, appeared in support of the above application; and explained that, while the market for traditional Canadian beer is shrinking at approximately 2 per cent a year, the market for non-traditional beers, such as imported beer, micro-brewed beer and in-house brewed beer, is increasing about 10 per cent a year. Mr. MacBain advised that there are 44 in-house breweries in operation in Canada today, with the market, in general, growing at a rate of about 10 to 15 per cent a year; and that the applicants want to operate a small in-house brewery of approximately 100 gallons, produce a different array of fresh beers and serve them in interesting surroundings, and generally attempt to make it an experience. Mr. MacBain commented on the applicants' plans for tours of the brewery on their premises; suggested that this operation could become quite a tourist attraction; and concluded that in-house breweries represent an interesting and viable business opportunity, one which the applicants are interested in pursuing in Saint John. Mr. MacBain, responding to Council queries, advised that the operation will probably handle some local beer and that the potential for the brew pub to become a chain does exist; also advised that, involved in the proposal, are four engineers who are all presently employed and a fifth person who is a professional brewing consultant, and that the business, when operating full scale, will probably employ around 20 persons, including 15 or so persons in the standard small-size bar, as well as 4 or 5 managers, bar managers, brewers, and assistant or apprentice brewers; and further advised that the applicants' would not be interested in setting up in an area that was not presently zoned for beverage rooms. 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, by amending the definition of "beverage room" in Section 20 of the Zoning By-Law to read as follows: "'beverage room' means premises licensed as a beverage room under the Liquor Control Act, and includes, as a secondary use, premises licensed as an in-house brewery under the Liquor Control 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, by amending the definition of "beverage room" in Section 20 of the Zoning By-Law to read as follows: ""beverage room" means premises licensed as a beverage room under the Liquor Control Act, and includes, as a secondary use, premises licensed as an in-house brewery under the Liquor Control Act.", 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 Rogers RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 84-83 COMMON COUNCIL APRIL 26, 1993 The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions attached to the 1972 re-zoning of Prince Edward Square, 20 Prince Edward Street (NBGIC Number 18275), to permit additional signage and an additional entranceway with exterior steps on the side of the building facing Prince Edward Street, 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 April 20 meeting at which the Manager of Prince Edward Square appeared to answer any questions and no one appeared in opposition to the application and no letters were received either for or against the application; and recommending that Common Council amend its Section 39 conditions regarding the re-zoning of Prince Edward Square of May 8, 1972, with respect to the subject property located at 20 Prince Edward Street (NBGIC Number 18275), to include:- (1) a new exterior entrance to the building from Prince Edward Street with steps being of the same dimensions and construction materials as presently exists for the entrance on the same side of the mall, on condition that: (a) the owner of Prince Edward Square enter into a legal agreement with the city which provides for the acceptance of the responsibility and cost of removal, replacing and repairs to the steps by the owner should the City or Civic Hydro of the City of Saint John require it to be removed; and (b) a building permit not be issued for the steps until the agreement required in (a) is in place; (2) a facia sign measuring 2 feet by 8 feet, 16 square feet in area, be erected above the new exterior entrance, located on the north side of the building as indicated on the submitted plans; and (3) detailed plans for the facia sign and the exterior steps be submitted to the Development Officer, prior to the issuance of a building permit. Heather Peterson, representing the owner of Prince Edward Square, was present in support of the above-proposed amendment on behalf of the applicant, and offered to respond to Council queries in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend its Section 39 conditions regarding the re-zoning of Prince Edward Square of May 8, 1972, with respect to the subject property located at 20 Prince Edward Street (NBGIC Number 18275), to include:- (1) a new exterior entrance to the building from Prince Edward Street with steps being of the same dimensions and construction materials as presently exists for the entrance on the same side of the mall, on condition that: (a) the owner of Prince Edward Square enter into a legal agreement with the City which provides for the acceptance of the responsibility and cost of removal, replacing and repairs to the steps by the owner should the City or Civic Hydro of the City of Saint John require it to be removed; and (b) a building permit not be issued for the steps until the agreement required in (a) is in place; (2) a facia sign measuring 2 feet by 8 feet, 16 square feet in area, be erected above the new exterior entrance, located on the north side of the building as indicated on the submitted plans; and (3) detailed plans for the facia sign and the exterior steps be submitted to the Development Officer, prior to the issuance of a building permit. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. (Councillor Coughlan withdrew from the meeting.) The Common Clerk advised that the necessary advertising was completed regarding a proposed Street Closing By-Law amendment with respect to the closing of portions of streets in the Rifle Range area, and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed amendment. 84-84 COMMON COUNCIL APRIL 26, 1993 Mr. Todd advised that Canada Mortgage and Housing Corporation, which has requested the street closing, has requested that Part L (Fifteenth Street), which is the eastern side of Fifteenth Street, be removed from the amendment; and Mr. Rodgers confirmed that this would be in order. On motion of Councillor Knibb Seconded by Councillor McAlary 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 regard to closing portions of streets in the Rifle Range area excluding Part L (Fifteenth Street), be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor McAlary 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 regard to closing portions of streets in the Rifle Range area excluding Part L (Fifteenth Street), be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". The Common Clerk advised that the necessary advertising was completed regarding a proposed Street Closing By-Law amendment with respect to closing a portion of Whipple Street, and that no written objections were received in this regard. (Councillor Coughlan re-entered the meeting.) Mr. John Riley, solicitor for Christina Baird, appeared in support of the proposed amendment to respond to Council queries in this regard. On motion of Councillor Knibb Seconded by Councillor Landers 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 regard to closing a portion of Whipple Street, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Chase 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 regard to closing a portion of Whipple Street, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 84-85 COMMON COUNCIL APRIL 26, 1993 The Common Clerk advised that the necessary advertising was completed regarding a proposed Street Closing By-Law amendment with respect to closing a portion of Dexter Drive, and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed amendment. On motion of Councillor Knibb Seconded by Councillor Trites 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 regard to closing a portion of Dexter Drive, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Trites 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 regard to closing a portion of Dexter Drive, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that a matter regarding the Market Square Complex, which was considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that as recommended by The Market Square Corporation, the Mayor and Common Clerk be authorized to execute all City documents, subject to approval as to legality and form by the City Solicitor, for the proposed assignment of the Head Lease for the Market Square Complex from The Bank of Nova Scotia Properties Inc. and Cadillac Fairview/JMB Properties to The Bank of Nova Scotia. Question being taken, the motion was carried. Consideration was given to a report from the City Manager (copies of a revised report having been distributed to the Council members this ate) submitting details of the 1993 Capital Works Program, Council having approved in January 1993 a Capital Budget for the General Fund of $16,160,000 and $4,600,000 for the Water and Sewerage utility; noting that the detailed work program estimates are $71,000 higher than the original budget envelopes for the reason that the detailed programs have been set on the basis of actual job estimates whereas the budget envelopes were set on requirements to lay so many tons of asphalt or replace so many feet of pipe, and the job estimates provide a more accurate total of the work to be completed. Mr. Brown highlighted the above report. 84-86 COMMON COUNCIL APRIL 26, 1993 On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Council give approval to the 1993 Capital Works Program details as submitted in the above report from the City Manager. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the tender of 046098 N.B. Ltd. (Saint John Y's Men's Club), in the amount of $6,000, be accepted for the operation of the Lily Lake Pavilion and Boat Rental Concessions and the canteen concession at the Fisher Lake A-Frame, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the tender of Cam Controls Ltd., in the unit prices bid as indicated in the submitted bid summary, be accepted for the provision of electrical maintenance service to water and wastewater treatment facilities. Councillor A. Vincent asked how the above work is monitored and if the electrical contractor supplies any supervision to which Mr. Robichaud replied that the staff monitors and verifies the work the company does; for example, if the Water and Sewerage Department requires work to be done at a pumping station, an individual from that Department would, in fact, verify that the amount of work and hours being charged is what was put into the pumping station or any other work that was done; and Mr. Logan advised that no supervision is provided by the contractor and the responsibility is on the Water and Sewerage Department to confirm that the actual hours billed are the actual hours expended. Councillor A. Vincent asked who supplies the supervision to ensure the work is performed right, to which Mr. Robichaud replied that the electricians do not need supervision as they know what they are doing and do the job they are hired to do. (Councillors Trites and M. Vincent withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the low tenders to meet specifications, as indicated in the submitted bid summary, be accepted for the supply of office furnishings for the two new fire stations, being #5 and #7 Stations. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of George Byrne Plumbing, at the unit prices bid as indicated in the submitted bid summary, be accepted for the provision of plumbing services to privately-owned property relating to operational problems which may occur during maintenance work or capital construction. 84-87 COMMON COUNCIL APRIL 26, 1993 (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". (The Mayor withdrew from the meeting whereupon Deputy Mayor McAlary assumed the chair.) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender for tires and tubes be awarded to the low tenderers to meet specifications in each case, as indicated in the submitted bid summary. Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) (Councillor M. Vincent re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager reporting on the following concerns about mobile homes:- (i) Common Council's practice of granting temporary approval for mobile homes "on compassionate grounds" in areas which are not appropriately zoned; and (ii) the definition of mobile homes as it relates to mini-homes; and recommending that (1) the Zoning By-Law be amended to indicate that mini-homes in the housing previously defined as mobile homes and to increase the required width of buildings used for dwelling units, other than mini homes, to 5.8 metres; and (2) Section 27 of the Mobile Home Park By-Law be repealed to eliminate the temporary approval of mobile homes by Common Council - be received and filed and the recommendation adopted. Councillor Chase advised that he could not support the above recommendation based on the singular aspect that Council would be ceding power relevant to granting temporary placement of mobile homes for specific hardship cases to the Planning Advisory Committee which is already a legislative body under the Community Planning Act with powers of its own with which to deal; although he would be prepared to support the portion of the recommendation dealing with mini-homes; and the Mayor and Councillor M. Vincent also spoke to section (2) of the above recommendation. Question being taken, the motion was lost with the Mayor and Councillors Chase, Gould, Landers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the firms of (i) Buckley & Associates Limited be engaged for Portland Cement concrete testing services; and (ii) ADI Limited be retained for testing and inspection of asphaltic concrete for the years 1993 and 1994. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the proposed Smoking By-Law, Council having given first reading to a Smoking By-Law on May 4, 1992 and having held public hearings on October 27 and November 5, 1992; providing an overview of the basic approach which the By-Law now takes to clarify the text of the submitted draft By-Law, and advising that the changes proposed to the By- Law since the public hearings are significant and the Legal Department suggests that Council should give first, second and third readings to the By-Law submitted. The report also advises that the submitted Smoking By-Law includes more specific provisions as outlined, provides a current reference point for Council's decision and takes into account the various comments, suggestions and various recommendations made to Council 84-88 COMMON COUNCIL APRIL 26, 1993 regarding this matter; suggests that Council may also wish to consider requesting further input from the public prior to third reading being given; and recommends that the submitted Smoking By-Law, dated April 21, 1993, be approved. On motion of Councillor Chase Seconded by Councillor McAlary RESOLVED that the Saint John Smoking By-Law be read a first time. Mr. Bedford highlighted the proposed changes in the proposed By-Law from the By-Law which was given first reading by Council and the subject of public hearings, as explained in the above report from the City Manager. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Read a first time the Saint John Smoking By-Law. On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that the Saint John Smoking By-Law be read a second time. Question being taken, the motion was carried. Read a second time the Saint John Smoking By-Law. On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that a public hearing be held prior to third reading of the above proposed By-Law. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager advising that the Building Inspection Department has inspected the property at 660 Brown Street again and confirms that the pool tables have been removed and the space is vacant, and the applicant is continuing to work with the Section 39 conditions, as submitted, in finding an alternative use for this space; also advising that no permits have been issued for the use of the space for a dance floor so, at present, a final use cannot be confirmed, and that staff is continuing to inspect this property on a regular basis - be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the City Solicitor advising that, in response to a query at the last meeting as to how long a property can remain vacant under Section 39 and still be zoned for occupancy, Council, under Section 39 of the Community Planning Act, has the authority to enact what is referred to as contractual re-zoning which means that, when a person applies to the Council to have an area of land re-zoned to permit the carrying out of a specific proposal, the Council may re-zone the land and attach terms and conditions to the proposal, and Council may also prescribe time limits which any part of the proposal shall be carried out; and expressing the opinion that, if there are no time limits prescribed, there is no provision in the Community Planning Act to take steps to have the re-zoning revert solely on the basis of an applicant failing to proceed with the proposal and, din the absence of time limits, the remedy to revert the re-zoning under Section 39 would only 84-89 COMMON COUNCIL APRIL 26, 1993 be operative if the applicant, in carrying out his proposal, violates the terms and conditions - be received and filed. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on April 19, 1993, when there were present Mayor Wayne and Councillors Coughlan, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the position of Administrative Assistant/Secretary in the Mayor's Office be reclassified to a Stenographer II, Administrative Non-Union Group 3. 2. That as recommended by the City Manager, the position of Stenographer 1 in the Tourism and Communications Department be eliminated from the Establishment. 3. That as recommended by the City Manager, the City give a grant to Skyfest Productions Inc. of up to $25,000 upon completion of the May 29-30, 1993 air show in Saint John, and the presentation of a financial report. April 26, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h a I r man. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Master Plumbers Examining Board, the application of Mr. Doug Wilkins of Site 10, Box 36, RR 2, Westfield, N.B., for a Master Plumbers License be approved, and a 1993 Master Plumbers License be issued upon payment of the prescribed fee. Question being taken, the motion was carried. 84-90 COMMON COUNCIL APRIL 26, 1993 On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that the letter from The Honourable Jane Barry, Minister of the Environment, advising that it has come to her attention that a property at the corner of Manchester Avenue and Dever Road, adjacent to Pauline Randall's property at 260 Manchester Street, is being subjected to adverse drainage due to construction of a road to property belonging to Andrew Simpson or his interests fronting on Dever Road, an that it is being used as a construction/debris type of dumping area, and that adequate culverts could correct the situation; and asking for Council's comments on how this matter could be dealt with satisfactorily - be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Trondel Holdings Ltd. (Greco Pizza & Donair) at 532 Rothesay Avenue, for a Zoning By- Law text amendment 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 June 7, 1993. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Landers RESOLVED that the letter from Kiwanis Club of Saint John Limited advising that its Kiwanis Golf Classic is tentatively schedule for June 4; and again requesting a grant equal to the estimated day's revenue to enable it to use the Rockwood Park Golf Course for this event - be received and filed and Council approve a grant as requested. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the letter from the West Side Days Committee requesting financial assistance for its annual West Side Days to be held June 11 to 13 - be referred to the City Manager to determine if the request falls within the policy. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Chase RESOLVED that the letter from Mr. Bill McHarg explaining why he is totally against the plan to provide funds to the uptown property owners in order that they can improve their properties - be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Fundy Cable Ltd. for an amendment to the Section 39 conditions of re-zoning of 141 Chesley Drive 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 June 7, 1993. Question being taken, the motion was carried. adjourned. 84-91 COMMON COUNCIL APRIL 26, 1993 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that this meeting be Question being taken, the motion was carried. Common Clerk