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1993-07-05_Minutes 84-189 COMMON COUNCIL JULY 5,1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifth day of July, 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. 1. Totten, Acting Manager; F. Rodgers, City Solicitor; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; P. Woods, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; M. Jamer, Director of Works; D. Logan, Purchasing Agent; R. Pollock, Planner; G. Tait, Fire Chief; A Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend D. Jamer of Saint John Alliance Church offered the opening prayer. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on June 21, 1993, be approved. Question being taken, the motion was carried. The Mayor advised that, further to her visit to Chernavoda, Romania in April 1993, Mayor Birda of Chernavoda will be in Saint John from July 12 to 16, during which time he will visit NB Power in Fredericton and the City of Saint John will host a reception on his behalf; and, in view of recent media coverage about neighbourhood policing in the South End, clarified that the Board of Police Commissioners has agreed to place foot patrols in the South End and that, with regard to Mr. Todd's efforts to have the Province turn over the Department of Health building on Duke Street to the City for one dollar, the City received word on last Friday from Minister of Supply and Services Minister The Honourable Laureen Jarrett that this will not be done, and Mr. Todd is looking into the availability of other property in the South End; and advised that the Chief of Police and the Board of Police Commissioners will be reporting to Council as to how the North End community policing project is working. The Mayor also advised that the South Central Citizens Council has indicated that, even if the City had been successful in getting the Department of Health building, it did not expect the City to equip it this year and possibly not even next year in the same manner as the North End facility, but that, if the building were obtained, it would mean that at least sometime down the line the South End would have community policing. (Councillors Trites and M. Vincent entered the meeting during the above discussion.) The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the property at 90 Park Street Extension (NBGIC Number 27607), from "R-2" One- and Two-Family Residential to "R- 4" Four-Family Residential classification, to place the property in a zoning classification in which the existing four-family dwelling is permitted, as requested by Mr. Kemal Raymond Debly, and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed re-zoning. 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 June 29 meeting at which the applicant was present and no one spoke against the application; and recommending that the property at 90 Park Street Extension 84-190 COMMON COUNCIL JULY 5,1993 (NBGIC Number 27607) be re-zoned from "R-2" One- and Two-Family Residential to "R- 4" Four-Family Residential classification. 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 the property at 90 Park Street Extension (NBGIC Number 27607), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential 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. 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 the property at 90 Park Street Extension (NBGIC Number 27607), from "R-2" One- and Two-Family Residential to "R-4" Four-Family 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 Trites 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 proposed Zoning By-Law text amendment (1) amending Section 810(3)(b)(I) of the Home Occupation provisions to read as follows: [the home occupation is subject to the requirement that] "not more than two persons are engaged in the home occupation other than members of the family resident in the dwelling unit in which the home occupation is located."; and (2) amending Section 810(3)(b)(iii) of the Home Occupation provisions of the Zoning By-Law to read as follows: [the home occupation is subject to the requirement that] "the floor area devoted to it does not exceed the greater of 25% of the dwelling unit floor area, or 47 square metres."; to permit the maximum number of non-resident employees in a home occupation to be increased to two persons and to permit the maximum floor area devoted to a home occupation to be increased to a maximum of 25% of the dwelling unit floor area; the existing provisions permit a maximum of one non-resident employee and a maximum floor area of 20% of the dwelling unit, and that a written objection was received from Mr. Paul B. O'Connor. No person was present to speak in opposition to or in favour of the proposed amendment. 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 June 29 meeting at which no one appeared to speak in favour of or against the proposal and no letters were received; and recommending that the City of Saint John Zoning By-Law be amended by: (1) amending Section 810(3)(b)(I) to read as follows: [the home occupation is subject to the requirement that] "not more than two persons are engaged in the home occupation other than members of the family resident in the dwelling unit in which the home occupation is located; and (2) amending Section 810(3)(b)(iii) to read as follows: [the home occupation is subject to the requirement that] "the floor area devoted to it does not exceed the greater of 25% of thee dwelling unit floor area, or 47 square metres.". 84-191 COMMON COUNCIL JULY 5,1993 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 Sections 81 0(3)(b)(I) and 810(3)(b)(iii) of the Home Occupation provisions, be read a first time. Councillor Landers asked how staff plans to monitor home occupations in residential areas where there might be a need for more than two persons, to which Mr. Pollock replied that a monitoring system is being set up for comments and complaints on home occupations through the Planning and the Building Inspection Departments, and Mr. Bedford added that the enforcement of the home occupation by-law would be the same as any other enforcement process in that a complaint would be received by the Building Inspection staff who would, within the week, immediately make a site visit and take whatever steps are necessary. 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 Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John by amending Sections 81 0(3)(b)(I) and 810(3)(b)(iii) of the Home Occupation provisions, 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 Chase RESOLVED that the above report from the Planning Advisory Committee 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, a parcel of land located at 9 Somerset Street (NBGIC Numbers 25502 and 30759), with frontage on Somerset, Barker and Webster Streets, from Medium Density Residential to District Centre Commercial classification, to permit the land to be re-zoned to "B-2" General Business classification for the development of an office building of approximately 6,000 square feet, as requested by Carl and Marcia Sherwood. 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 1414 Hickey Road (NBGIC Number 55007058), having an area of approximately 2 % acres, from Low Density Residential to District Centre Commercial classification, to permit re- zoning of the same property to "B-2" General Business classification and use of the existing garage for repair of automobiles, as requested by Bev Mills. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a number of properties with an area of approximately 92.4 hectares (228 acres) located between Sand Cove Road and Sheldon Pont, being NBGIC Numbers 403717,55010367,412205,395582, 395574, 403493 (part) and two unnumbered parcels, from Low Density Residential and Open Space to Heavy Industrial classification, to permit the re-zoning of the property to a Heavy Industrial zone for a solid waste disposal site and a process water treatment plant for Irving Pulp & Paper, Limited, as requested by Irving Pulp & Paper, Limited. Councillor Coughlan questioned ownership of the above property to which Mr. Pollock replied that the applicant has purchased all of the property, except the Provincially-owned land for which the applicant has authorization to proceed with the 84-192 COMMON COUNCIL JULY 5,1993 application. Councillor Landers questioned proceeding with the above proposed- amendments prior to completion of a Provincial environmental impact study to which Mr. Bedford replied that, at this stage, staff has sufficient information to proceed with the process and, as the process unfolds, staff will continually work with the applicant and the Minister of the Environment to ensure that staff has sufficient information to provide Council and the Planning Advisory Committee with a recommendation and, if unable to gather the information, staff will report that to Council. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. D. S. Donovan requesting that the City waive the $190 fee for the Tally Ho Wagon for use during the annual 48th reunion of the N.B. Carleton & York Veterans' Association on August 7, 1993 - be received and filed and the City waive the fee for the Tally Ho Wagon as requested. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting a letter from Amiya Khare requesting financial assistance to participate in a Peace Bus Tour in British Columbia from June 30 to August 30, 1993- be received and filed. 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 certificate, namely:- 1. Contract PC000009088 Erb's Enterprises Ltd. Renovations to North Police Headquarters, Somerset Street Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated June 28,1993 Holdback release. $78,528.00 90,999.57 Nil 79,220.37 $11,779.20 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, a purchase order for approximately $69,000 be issued to the Power Commission of the City of Saint John to provide relocation of power lines to accommodate the widening of McAllister Drive. 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, contract 93-13, chipsealing - 1993, be awarded to the low tenderer, Atlantic Colas Limited at the bid price of $86,028.75, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 84-193 COMMON COUNCIL JULY 5,1993 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of New System Laundry be accepted for the supply of uniform clothing for the City's Fire Department, at the unit prices bid as indicated in the submitted bid summary. 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 the low bid of Safety Supply Canada, in the amount of $25,968, plus taxes, be accepted for the supply of 12 Scott, type 2.2, 30-minute Air Paks for the Fire Department. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the report from the City Manager advising that, further 0 Council's consideration on October 26, 1992 of the Animal Rescue League's request for implementation of a cat by-law, a recent discussion with the League has resulted in its withdrawing the request as its primary concern at this time is to provide an efficient and effective operation with respect to dog control - be received and filed. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor McAlary RESOLVED that the report from the City Manager referring to Council's consideration on April 26 of a letter from Environment Minister The Honourable Jane Barry regarding the property at 1030 Dever Road adjacent to the Randall property at 2650 Manchester Avenue, and advising that a recent site inspection revealed that the access road in question is properly constructed with ditches and a cross culvert at its low point and the small quantity of standing water at the culvert inlet will not cause a problem because it is approximately 3 feet blow the level of the surrounding ground and does not appear to be on the Randall property, and the natural drainage pattern has been maintained, and also that Mrs. Randall has been advised that there is no apparent violation of any City by-law and there is no action staff would recommend, and that Mrs. Randall advised staff that the culvert was replaced this spring with a large pipe and she agrees that there will probably be no future problems - be received and filed and Mrs. Pauline Randall and The Honourable Jane Barry, Minister of the Environment, be given a copy of this report by the Common Clerk. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, further to Council's consideration on May 26 of a letter from Mr. John R. Belyea requesting the upgrading of Highview Roadway in Morna, Highview Roadway is designated as "private" and receives all the normal maintenance measures such as grading, patching and snow plowing similar to that of other City streets of similar status; also advising that, as part of the continual upgrading of former Provincial and County chipseal and gravel roads since amalgamation in the late 1960s, the upgrading of Highview Roadway has been assessed and placed on the list of potential capital projects in 1993 and, in order to proceed with the upgrading, staff feels that some additional land will be needed from the adjacent property owners to allow widening of the very narrow right-of-way in order to enable upgrading especially drainage improvements, 84-194 COMMON COUNCIL JULY 5,1993 and a preliminary cost estimate for this project is $47,000 not including any land costs which is expected to be transferred without cost to the City; and proposing that, if the project is designed in 1993, land transfers could take place in 1993-94 with construction to proceed in 1994, subject to land acquisition and Capital Budget limitations - be received and filed and a copy be forwarded to Mr. John R. Belyea for his information. Question being taken, the motion was carried. Consideration was given to a report from the City Manager referring to Council's consideration on June 7 of a request from Mr. J.M. (Jack) McNamara for parking to be allowed on one side of Barbara Crescent between 7:00 a.m. and 1 :00 a.m. on the basis that he had been able to park on one side of the street but recent sign installations restricted all parking; advising that parking has been totally restricted on both sides of Barbara Crescent since 1975 when Council agreed with a petition from the residents, the points of which are still valid today; explaining that the recent installation of no parking signs was part of routine maintenance involving the replacement of signs that had been missing and, if anyone had been parking on the Street, it was not in compliance with the Traffic By-Law; expressing the opinion that the existing parking restrictions are appropriate and should not be changed; and recommending that this report be received and filed and a copy be forwarded to Mr. J.M. McNamara. A motion was proposed by Councillor Knibb and seconded by Councillor Chase that the above report be received and filed and the recommendation adopted. The Mayor expressed concern that while residents on Barbara Crescent can park in their driveways, there is no space to allow for visitor parking and suggested that parking should be allowed on one side of Barbara Crescent and staff monitor the situation to see if it generates any problems to the City. Mr. Robichaud advised that the right-of-way is so narrow that modern-day emergency vehicles cannot get around that street and that parking on the street would create a problem in the winter time with respect to snow removal. The proposed motion was withdrawn upon the Mayor's request for Council's consideration of a motion to allow parking on one side of Barbara Crescent as requested by Mr. McNamara and staff look into the situation and, if this creates a problem, report to Council; and Mr. Robichaud suggested that, if Council wishes to allow parking on one side of the street on a trial basis, the matter could be referred to staff to prepare the appropriate wording in this regard. On motion of Councillor Chase Seconded by Councillor M. Vincent RESOLVED that the above matter be referred to the City Manager for a further report. Question being taken, the referral motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the City Manager advising that, as a follow-up to the City Manager's report to Council on June 21 concerning the grant request for the Canadian Little League Championship Tournament, staff remains committed to the position that organizations using City-owned and operated facilities should be charged a fee as per the submitted policy approved by Council and that, with respect to this particular request appreciating that Council would like to be supportive and ensure that the event is a success, staff has concluded that assistance to a maximum of $500 could be provided under the City Manager's authority as per the February 25, 1991 Council-approved policy relevant to major conventions or receptions - be received and filed and the City Manager take the action he deems appropriate under the authority previously provided to him. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the report from the City Manager commenting on the request of Greg and Debra Renton of the Seacoast Motel at 1441 Manawagonish Road for sanitary sewer upgrade relevant to the creation of six 84-195 COMMON COUNCIL JULY 5,1993 residential lots fronting on Manawagonish Road to the northeast of the Motel; and recommending that (1) the subdivision application proceed through the normal route so that all issues can be fully resolved; and (2) this report be received and filed and a copy be sent to Mr. Renton for his information - be received and filed and the recommendation adopted Question being taken, the motion was carried. Read a report from the City Manager explaining that Acadia Development Ltd. has just finalized the details of the purchase of properties required for a three-unit housing project at 69-79 Ludlow Street for which Council approved Housing Through Infill Development funding on October 26, 1992, and expects to proceed with construction in the very near future; however, the applicant will not be able to comply with the deadlines applicable to Council's approval of the grant; and requesting to extend the deadline for this applicant. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Common Council amend its resolution of October 26, 1992 approving Housing Through Infill Development funding for Acadia Development Ltd. relative to 69- 79 Ludlow Street, whereby the H.I.D. program requirement that construction start and be completed within six and twelve months respectively are waived, and further that construction must be completed by December 31, 1993. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting details of an application of Mrs. J. Osborne for Housing Through Infill Development funding for a one-family dwelling to be constructed at 50 Exmouth Street; and recommending approval of H.I.D. funding. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, Common Council approve a Housing Through Infill Development grant in the amount of $9,750 for Mrs. J. Osborne for the construction of a one-family dwelling at 44-48 Exmouth Street, subject to the approval of plans and specifications by the Director of Housing and Property Management. Question being taken, the motion was carried. Read a report from the City Manager submitting a letter from Mr. Elmer Clark requesting to temporarily locate a mobile home at 2224-2230 Ocean Westway; and explaining that, upon investigation when Mr. Clark contacted the Building Inspector's Office for a building permit so that power can be connected to the mobile home, it was discovered that the original mobile home had been placed on the property in 1966 in contravention of both the Zoning By-Law and the Mobile Home Park By-Law and further it had continued as an illegal use from that date until the April 12, 1993 fire which destroyed it; consequently, it was not possible for the Building Inspector to issue a building permit for the new mobile home. The report refers to the application for re- zoning of the subject property, which is on the agenda of this meeting, and submits a recommendation with respect to temporary placement of the mobile home. Consideration was also given to the application of Mr. Elmer F. Clark for the re-zoning of 2228 Ocean Westway. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager approval be given to Mr. Elmer Clark to locate a mobile home at 2224- 2230 Ocean Westway (NBGIC Number 287151) for a temporary period of one year, pursuant to Section 27 of the Mobile Home Park By-Law: 84-196 COMMON COUNCIL JULY 5,1993 AND FURTHER that the application of Mr. Elmer F. Clark for the re- zoning of 2228 Ocean Westway 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 August 16, 1993. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that 054436 N.B. Ltd. (S. Kumar) has applied to the Liquor Licensing Branch for dining room, lounge, catering and entertainment licenses for the Courtenay Bay Inn at Haymarket Square, such property designated Restricted Industrial by the Municipal Plan and within the "B-2" General Business zone; also advising that the proposed licensing of this facility as a dining room conforms to the Municipal development Plan and the Zoning By-Law, and the lounge is permitted at this location by the Zoning By-Law since it is located within a hotel, and also that catering and entertainment licenses are not directly regulated by the Zoning By-Law as they are considered to be incidental to the primary uses (i.e. restaurant and lounge); and recommending approval of the operation. On motion of Councillor McAlary Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager Common Council give its approval for the operation of the proposed dining room and lounge, including catering and entertainment licenses, in the Courtenay Bay Inn, 350 Haymarket Square. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the report from the City Manager advising that, over the past four years, the Works Department has instituted a number of changes in the manner in which residential garbage is collected throughout the City, resulting in very significant improvements in efficiencies and corresponding reduction in budget allocations necessary for sanitation collection, one efficiency suggestion made by City staff who actually operate the packers being that the City more strictly enforce the provisions of the Solid Waste By-law, particularly those relating to placing garbage at curbside; and explaining the procedure for implementing the efficiency change relevant to curbside placement - be received and filed. During discussion Councillor Chase made the observation that, with regard to staff's proposal to advertise the provisions of the By-Law in the newspaper, consideration could be given also to other forms of advertising, such as radio. Question being taken, the motion was carried. Read a report from the City Manager advising that Mr. Terry Gallant, owner of the property at 428 Milford Road, has requested that the City grant him an easement that would permit him to build a porch that would encroach on the City street; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Mr. Terry Gallant be advised that the City is not prepared to permit an encroachment on Milford Road for an addition to his property at 428 Milford Road. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that staff of the Purchasing Department and the Saint John Regional Exhibition Centre Commission reviewed the following four tenders received for the supply and installation of a score clock/message centre for Harbour Station:- (1) H.L. LeClair, Montreal, Que. - $389,466; (2) Daktronics, Inc., South Dakota - $418,525; 93) White Way Sign Co., Montreal, Que. - $639,603; and (4) Wyn Signs, Halifax, N.S. - $812,672; and that the low bid is for a clock which is significantly smaller than what was specified and the 84-197 COMMON COUNCIL JULY 5,1993 message centre is 40% smaller than the next comparable clock and, while the tenders of both White Way and Wyn contain quotes on clocks larger than the Daktronics equipment, the Daktronics clock/message centre is equal in all other regards and is the clock preferred by staff of the Exhibition Centre; and also advising that, in addition to the cost of the clock, a 10% contingency allowance is required to cover the cost of program additions and customization, as well as other unforeseen concerns. The report explains that, while this purchase when finalized will add to the City's annual fiscal charges, this will be more than offset by a reduction in the deficit of Harbour Station; and submits a recommendation for the award of the tender. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager the low tender meeting all the needs of the Regional Exhibition Centre Commission as submitted by Daktronics, Inc., in the amount of $418,525 (plus G.ST), be accepted for the supply and installation of a score clock/message centre for Harbour Station, and that a 10% contingency allowance be provided. In response to Councillor Chase, Mr. Logan confirmed that all the bidders submitted bid deposits in the prescribed manner and that the Regional Exhibition Centre checked the low bidder's references with respect to installations in Saskatoon and Vancouver as to suitability with the owners in those Cities and reported back to City staff that that particular company had only manufactured one unit similar to the unit proposed in its tender to the City of Saint John; and explained that the tender advertised requested the bidders to detail all of the specifications and capabilities of the clock, its advertising potential and quite an extensive list of information and, from the evaluation of that information and compliance with the general specifications of the tender, it was deemed that the clock being recommended is the one that best meets the City's needs. Councillor M. Vincent, in indicating that he would have preferred if possible all things being equal to deal with a Canadian company, asked if a specific size of unit was requested in the tender specification, to which Mr. Logan replied that the only dimensions included in the tender were the approximately exterior dimensions of the clock of 22 feet across by 22 feet high, and the H.L. LeClair clock is 14 feet high by 19 feet across, while neither the White Way Sign Co. nor the Wyn signs clocks exceeded the approximate dimensions requested, being 21 feet 9 inches and about 20 feet respectively, and none of the clocks exceeded or actually met the approximate 22 foot dimension requested and no special consideration was given to them because of the size. In response to Councillor Gould, Mr. Logan confirmed that H.L. LeClair was the only one of the four tenderers which did not meet the specifications and that the tender of Daktronics, Inc. is in Canadian dollars delivered to Saint John. Councillor Trites expressed the understanding that, at the tender opening, the prices read were different from those included in the above report, being $368,615 bid by H.L. LeClair and $363,465 bid by Daktronics, Inc., to which Mr. Logan replied that, with respect to the former, the New Brunswick Provincial tax had not been included in the price and, to show Council the total bid, the tax is included; and, with regard to the latter, confirmed that the price read at the tender opening was $363,465, and explained that the tender included some additional price breakdowns so that the price of the whole tender package is as indicated in the above report, while all that was read at the tender opening was the equipment installation cost, and he noted the additional items included. Councillor Rogers asked about servicing to which Mr. Logan replied that the recommended tenderer included in its tender training for four staff of the Regional Exhibition Centre to program and maintain the clock, thus handling servicing in-house with staff of Daktronics to be present during the unpacking, assembling, installation and testing of the clock prior to the opening of the Regional Exhibition Centre during which time four employees will be taken to the Daktronics' plant and trained in maintenance, and Daktronics is willing to support this with hot-line service should the service technician encounter a problem with which he cannot deal. Question being taken, the motion was carried with Councillors Gould, A. Vincent and M. Vincent voting "nay". (Councillor M. Vincent withdrew from the meeting as he was not present for the May 17 public hearing of the proposed re-zoning of 610 Millidge Avenue.) Consideration was given to a report from the City Manager referring to Council's action on June 21 in giving first and second readings to a Zoning By-Law amendment to re-zone 610 Millidge Avenue and, prior to third reading, providing for an 84-198 COMMON COUNCIL JULY 5,1993 opportunity for the applicant to meet with the Planning Department to review the stated Section 39 conditions; advising that, on June 28, staff of the Planning and Legal Departments met with the solicitor for the applicant and representatives of CN Real Estate concerning the proposed Section 39 restrictions of uses on the subject site, and the solicitor for the applicant, while not happy about the proposed restrictions, is willing to accept them with the exception of a drive-in restaurant as a Tim Horton's or similar restaurant with a drive-through window is an integral part of the applicant's proposal; and also advising that, as a result of a very detailed review of the Zoning By-Law's definition of "drive-in restaurant", the solicitor for the applicant and the City Solicitor have concluded that the applicant's proposed restaurant with a drive-through window is, in fact, not a "drive-in restaurant", both of which are permitted in the "B-2" zone, and that, based on this conclusion, the applicant would have no objection to prohibiting a "drive-in restaurant", as such a prohibition would not affect the establishment and operation of Tim Horton's or a similar-type fast food restaurant, and that, if Common Council wishes to prohibit this use, the City Solicitor's opinion is that a "restaurant" and "take-out restaurant" would have to be prohibited, a restriction to which the applicant does not agree. The report notes the City Solicitor's previous comment concerning the undesirability of Council unilaterally amending a "proposal" through a Section 39 condition, as well as the Community Planning Department's indication, in its previous recommendation, that the proposed use was appropriate; also notes that the Planning Department's May 4, 1993 report to the Planning Advisory Committee included a number of other recommended Section 39 conditions relating to site development and design, and the applicant had previously agreed to these conditions and has no objection to them being included in a Section 39 resolution; and states that the Community Planning Department recommends that, if Council re-zones the land, these previously-recommended conditions be included in the Section 39 resolution to ensure that high-quality, unified development is achieved, as envisioned by the Municipal Secondary Plan. The report recommends that, if Council decides to adopt the proposed re-zoning the Section 39 resolution be worded as set out herein. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report be received and filed: AND FURTHER that the by-law entitled, "By-Law Number C.P. 100-317 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re- zoning a parcel of land at 610 Millidge Avenue (NBGIC Number 55062251 and part of NBGIC Number 42036), located at the corner of Millidge Avenue and University Avenue, from "R-1A" One-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions:- (a) the use of the property shall be limited to the applicant's proposal for a retail commercial and professional neighbourhood service centre of approximately 21,000 square feet, which shall not include the following uses: a beverage room, club or lounge, a gas bar, a car lot, a tavern, a motel, a second-hand store, a taxi business, a billiard hall and a drive-in restaurant; (b) all buildings shall be of similar architectural style, the design of which shall be subject to the approval of the Development Officer, and elevation drawings shall be provided of all sides of each building; (c) all parking areas, loading areas, aisles, maneuvering areas and driveway entrances shall be paved with asphalt and enclosed by continuous poured-in-;place concrete curbs; curbing of driveway entrances shall extend onto the City right-of-ways to join with street cubs; and islands within the parking area shall also be enclosed by poured-in-place concrete curbs and shall be landscaped; (d) a pedestrian walkway shall be provided along the northerly side lot line and the site shall have pedestrian walkway connections to the adjoining City recreational property, and all pedestrian walkways/sidewalks shall be constructed of concrete and/or paving stone/brick; (e) adequate site drainage facilities shall be provided and shall meet the requirements of the Engineering Department, and a drainage plan is required; (f) a concrete curb and sidewalk meeting City specifications shall be installed along the Millidge Avenue frontage of the site as well as necessary asphalt pavement between the edge of the curb and the existing paved surface of Millidge Avenue, and location of the curb and sidewalk shall be as specified by the Engineering Department; (g) access to the property shall be generally as shown on the submitted site plan; the exact location of accesses off Millidge Avenue and University Avenue, as well as approval of a cut in the existing University Avenue median, shall be subject to approval of the Engineering 84-199 COMMON COUNCIL JULY 5,1993 Department; and the existing asphalt curb and sidewalk on University Avenue shall be reinstated to match existing conditions where disturbed by the construction of the proposed access driveway; (h) all areas not occupied by buildings, driveways, walkways and parking or loading areas shall be landscaped, and the landscaping shall extend onto the City street right-of-ways to the edge of the City sidewalk; (i) the site shall be developed in accordance with a site plan prepared by the proponent of the development and approved by the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, landscaped areas and other site features, including those listed above, and no building permit shall be issued until the site plan is approved by the Development Officer, such site plan shall be attached to the building permit; U) all site work shown on the site plan and drainage plan shall be completed within one year of approval of the building permit for the development; and (k) the site may be subdivided into a maximum of three separate parcels, each containing a separate building, provided that each parcel meets the minimum lot area and width requirement for the "B-2" General Business zone and parking and driveway facilities are shared by the development as a whole. The by-law entitled, "By-Law Number C.P. 100-317 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. (Councillor Trites withdrew from the meeting during the above reading.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Read a report from the City Manager regarding the submitted application from the Exhibition Association of the City and County of Saint John for a Municipal Plan amendment and re-zoning of property at 201 McAllister Drive located at the intersection of Westmorland Road and McAllister Drive, Council having refused to amend the Municipal Development Plan and re-zone a 10-acre portion of the subject land on May 25; advising that, since that time, the Association has continued to pursue development of the site, with the revised application having been received on July 2, 1993" along with a request that it be accepted by Common Council as significantly different enough to allow reapplication at this time. The report notes the following changes that the applicant indicates have been made to the proposal: deletion of second-storey on building facing Westmorland Road, consolidation of the three buildings shown on the previous site plan into one building by inserting the former restaurant building into the corner, elimination of Phase 2 of the proposal, and retention of the existing ball field, with the exception of a portion of the right field area; and also advises that, while a detailed site plan and elevation drawings to meet conditions recommended by staff previously and a market analysis to confirm that the development will not contradict the Municipal Development Plan have not been submitted at this time, the applicant has requested that it be permitted to complete these items while the initial public notice period is in effect. The report also notes that, under Section 910(3)( d) of the Zoning By-Law, Council can consider a re-zoning application less than a year after being refused if, in Council's view, "there is valid new evidence or change in conditions"; and also advises that, while the application received on July 2 does not include any information which is considered to be "new evidence" and there does not appear to have been any "change in conditions" since the previous application was denied by Council in May, if Council were to agree with the applicant that the modifications to the proposal constitute either "valid new evidence or change in conditions", the application would be permitted to proceed through the statutory process, with the initial step being the lacing of an advertisement in the newspaper for a public presentation of the proposed amendment to the Municipal Development Plan. The report suggests that, depending on the content of the market analysis, it could constitute "valid new evidence", and, if this information is not received or it is received but deemed not to be sufficient, Council could refuse, at that time, to refer the application to the Planning Advisory Committee; and recommends that, if Council is of the opinion that there is valid new evidence or a change in conditions and, if Council wishes to accept the application at this time, an advertisement for a public presentation of the proposed amendment to the Municipal Development Plan be placed in the newspaper. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that Council consider the application of the Exhibition Association of the City and County of Saint John, dated 84-200 COMMON COUNCIL JULY 5,1993 June 30, 1993, for a Municipal Plan amendment and re-zoning of property at the corner of McAllister Drive and Westmorland Road. (Councillors Trites and M. Vincent re-entered the meeting.) Mr. Bedford, in noting the changes indicated by the applicant, expressed the view that such changes are not new evidence with respect to changes in the proposal which is still a shopping mall of basically the same size and the same uses. Councillor A. Vincent asked why, if changes are to be made, the sign has not been removed from the subject property; and made the observation that no developer or contractor has been named in the application and also that, during his tenure on Council, this is the first time he can recall an application coming before Council without a set of plans, without Council sending the application back in that a year ago it took over a year for an applicant to respond to the request for plans. Mr. Bedford replied that, while this situation is unusual to a certain extent in that the market analysis is not before Council at this time, the reduction of the site plan which is submitted is not an unusual situation as the City will receive more detail as the process unfolds. In response to Councillor Gould's question if he is to conclude, from the indication in the above report that the application does not include any information which is considered to be new evidence, that staff does not believe there has been sufficient new evidence to proceed with the application, Mr. Bedford replied that, while staff does not believe that the site plan with alterations is sufficient to be considered new evidence and that the application should be considered different based on the site plan, a market analysis, when received, would be new evidence. Mr. Rodgers, responding to Councillor M. Vincent, expressed the opinion that the future market analysis is not relevant to allowing Council to deal with the legal question of whether or not it can deal with the subject application at this time, on the basis of the requirement of the Zoning By-Law; however, if there is no dispute by Planning staff with the facts as outlined by Mr. Charles Swanton in the letter to Mr. Bedford submitted with the application in that the changes are accurate as facts then, if Council wishes to proceed with the process, the Zoning By-Law does not prohibit it and Council can proceed; therefore, if Council does not proceed, it should be on the basis of a policy decision and not on the basis of the Zoning By-Law stopping it; and he clarified, in response to Councillor Rogers' query about the possible content of a market analysis that would make the application significantly different, that his indication that the market analysis is irrelevant is on the basis that it is not relevant from the point of view of what Council is obligated to deal with at this time in that Council has received an application for a Municipal Plan amendment and re-zoning and, if there is no change in conditions as of this moment, then the applicant does not have the right to be here, and that the Zoning By-Law prohibits Council from dealing with the application for one year; and he re-iterated his opinion that, if the facts in Mr. Swanton's letter are not in dispute, then that constitutes change enough for Council to deal with the application; therefore, Council is not legally prevented from dealing with the application and, if Council does not do so, it should be strictly on a planning policy point of view only. The Mayor questioned why staff, rather than consider the changes sufficient enough to allow Council to reconsider the application, is suggesting waiting for a market analysis, to which Mr. Totten replied that the fact that staff has placed the matter before Council would indicate that something has changed and, in fairness to the applicant, staff thought it appropriate to submit the matter to Council and to put forth the changes, and it is a matter of judgement in that, if Council considers that sufficient evidence, then staff would allow the process to continue. Councillor Rogers noted that the Planning Department is indicating that it would not consider the information as new evidence and the City Solicitor is indicating to Council that it could constitute new evidence so therefore Council would not be prohibited from dealing with the application; therefore, there are two opposite opinions, and Mr. Totten re-iterated that it is a matter of judgement. Question being taken, the motion was carried with Councillors Gould, Rogers, A. Vincent and M. Vincent voting "nay". Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Pro-Woodworking Enterprises Ltd., concerning property at 100 Kierstead Road, have been completed, and that the required waiting period for objections expired on June 24, 1993, with no written objections having been received. 84-201 COMMON COUNCIL JULY 5,1993 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Pro- Woodworking Enterprises Ltd. for a Municipal Plan amendment and re-zoning of property at 100 Kierstead Road, 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 August 16, 1993. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting as he was not present for the June 21 public hearing with regard to the proposed Zoning By-Law text amendment concerning mobile and freestanding signs.) On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By- Law Number C.P. 100-318 A Law To Amend The Zoning By-Law Of The City Of Saint John", by (1) amending Section 840(2) as follows: (a) adding the following definition: '''mobile sign' means a structure which is located on the ground but not permanently mounted on a foundation, which is capable of being easily relocated which contains or holds a sign and, which may have one or more faces"; (b) amending the definition of "freestanding sign" to read: "'freestanding sign' means a structure which is located and permanently mounted on a foundation, attached to the ground containing or holding a sign."; (2) adding to Section 810(2), Convenience Stores a new subsection 810(2)(g) to read: "(g) be permitted to have a mobile sign with a maximum of 10.0 square metres of sign face, subject to Sections 840(4) and 840(6)."; (3) adding to Sections 840(3)(b), (3)(c)(i), (3)(d)(i), (3)(e), (3)(f), (3)(g), (3)(h), (3)(i), (3)0) and (3)(k) the following: "a mobile sign, subject to the requirements of subsection (6)."; (4) adding to Section 840 a new subsection 840(6)(i), (ii) and (iii) to read: "(6) Mobile signs shall: (i) not exceed 10 square metres in total face area; (ii) not be located within the triangular area formed by the intersecting street lines and a line joining points on each street line, 3.0 metres from the said intersection of the street lines; (iii) not be located closer than 3.0 metres from the edge of a travelled vehicular driveway which provides access to a lot at the point where it abuts a front property line; and (iv) be limited to one per street frontage, except where the lot exceeds 75 metres of street frontage, a maximum of two mobile signs are permitted per street frontage."; (5) adding to Section 840(4) the words "and mobile signs" after freestanding signs; and (6) renumbering Section 840, subsections (6) to (11), inclusive by increasing each subsection by one, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-318 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. 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 June 21,1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, 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, Mr. David Morgan of Century 21 River Valley Realty be advised that the City has no interest in the acquisition of the property at 9-11 Sydney Street at the present time. 2. That as recommended by the City Manager Mr. Gild Kirkegaard of Prudential Preferred Properties be advised that the City is not interested in the acquisition of the property owned by Louis Sharkey at 389 Red Head Road. 84-202 COMMON COUNCIL JULY 5,1993 3. That as recommended by the City Manager, the City not contribute to the Municipal Endowment Fund of the Centre for Public Management, Henson College, Dalhousie University. 4. That as recommended by the City Manager, the lease agreement between the City of Saint John and Rockwood Park Waterslides Ltd. be terminated in accordance with article (16) of the lease agreement for failure to comply. July 5, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Chase 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 McAlary 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 Chase RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 4 of the above report be adopted. Councillor Coughlan, Chairman of the Rockwood Park Advisory Board, made the observation that the Board recommended that the Building Inspector and appropriate staff meet with the owner and see if there could be some resolve to allowing him to operate this year, and asked if there was further dialogue with the owner following the Board meeting; and Mr. Robichaud explained that one of the problems is that staff has been doing this since 1988 during which time there has been thirty some pieces of correspondence with the operator dealing with aesthetics, safety issues and, in the operator's own words, he says he has been losing money every year since it opened in 1988, and staff does not think it is a viable operation and it is time to cut losses, which is staff's recommendation, and Mr. Morrison advised that Mr. Malik was contacted by Mr. Russell who explained to him what staff's recommendation would be and what the Board's recommendation was and that staff would be proceeding to Council to recommend termination of the lease. Councillor Chase, on a point of order, expressed the opinion that Councillor Coughlan is referring to matters that went on at a meeting that had nothing to do with this assembly, whereupon Councillor Coughlan noted that it was in the report received by Council last week. Mr. Robichaud advised that the operator has been advised that this matter would be considered at this open session of Council and a week ago he was advised that, if he wished to voice an opinion or a complaint, he would have to apply to the Common Clerk accordingly, and he has not done so. (Councillor Trites re-entered the meeting.) Mr. Khalid Malik, who was present at the meeting, indicated that no one had contacted him with respect to the above matter, and Councillor M. Vincent, on a 84-203 COMMON COUNCIL JULY 5,1993 point of order, asked if Mr. Malik had an opportunity to discuss the matter before Council at this time in detail with staff and if there was meaningful dialogue, to which Mr. Morrison replied that there was a meeting with Parks staff and Mr. Malik on May 14 at which time this was all related to him and he was told of staff's plans to recommend termination. He advised that staff met with Mr. Malik and discussed the operation and staff's concerns about the operation with him, there were a number of telephone conversations as well, a letter was written to him a week ago, and he was also contacted by the Parks Department informing him that this matter was being submitted to this open session of Council and, if he wished to raise objections to what was being recommended, he would have to submit a letter to the Common Clerk by Wednesday of last week. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that Mr. Malik be invited to address Council at this time with regard to the above matter. Question being taken, the motion was lost with the Mayor and Councillors Chase, Knibb, A. Vincent and M. Vincent voting "nay", an affirmative vote of two-thirds of the total membership of Common Council being required in accordance with the Council Procedural By-Law. Councillor Coughlan suggested that, as the owner is due an explanation of why the Board's recommendation was not followed through and, while Mr. Morrison has explained that and indicated that the discussion has taken place, Mr. Malik has very emphatically indicated in the negative to that, therefore the matter should be referred to the City Manager. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the above matter be referred to the City Manager. Question being taken, the referral motion was carried with the Mayor and Councillors Chase, Knibb and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mr. Dominick Eden submitting a petition from concerned citizens for a better Duke Street commenting on why, in their view, the City's proposed plans for construction on Duke Street from Germain to Charlotte Streets are seriously flawed and do not take into property consideration established heritage principles - be referred to the City Manager. Question being taken, the motion was carried. The Mayor noted a special gala opening of four exhibits at the Aitken Bicentennial Exhibition Centre on July 6. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk