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1993-08-30_Minutes 84-239 COMMON COUNCIL AUGUST 30, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the thirtieth day of August, AD. 1993, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; P. Woods, Deputy 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; M. Jamer, Director of Works; D. Logan, Purchasing Agent; G. Tait, Fire Chief; A Martin, Assistant Deputy Chief of Police; D. Harvey, Superintendent of Sanitation; J. Baird, Manager - Development Division; Ms. C. Joyce, Assistant Common Clerk; and Mrs. L. Linton, Secretary. Reverend Philip Ward of St. Luke's Anglican Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on August 16, 1993, be approved. In response to Councillor A Vincent's query on August 16 award of the tender for the supply and installation of sewerage pumps and motors and the fact that the tender of the low bidder was opened at a separate public tender opening, Mr. Rodgers advised that, in this particular case, he decided and gave an opinion that the low tenderer, to whom Council awarded the contract, through no fault of his, has his tender in on time, and on that basis, on balance, the doubt went in favour of the individual as opposed to the tendering process itself because, in dealing with the tenderer who was low and through no fault on his own had his tender in, it did not give an advantage to anyone else. Councillor A Vincent expressed concern that the same type of situation might happen again in the future, and suggested that consideration should be given to ensuring that only one tender deposit box is displayed. Question being taken, the motion was carried. Mayor Wayne advised that this is Canducky Derby month and introduced Mrs. Connie Keyes, Co-chairman of the Committee, Zita Longobardi, Executive Director of St. Joseph's Hospital Foundation, and mascot "Dr. Duck", of the Canducky Derby which is taking place at the Reversing Falls on October 2 to raise funds for anaesthesia equipment for St. Joseph's Hospital; noted that the 13th annual Terry Fox Run is being held in the City on September 19 to raise funds for cancer research; extended congratulations to City employee Sid Lodhi on being awarded a Fellowship in the Engineering Association of Canada; and referred to a meeting she attended with Councillor Coughlan and Messrs. Brown and Wilson with respect to the announced $8 million cut in Provincial transfer payments to municipalities for 1994 and advised she will keep Council apprised of the ongoing discussions. Councillor Rogers advised of the death of Reverend David S. MacLeod, the first Ordained United Church Minister in Canada, and extended a message of sympathy to his family. Councillor Rogers requested that the correspondence (copies of which were forwarded to Council members as an information item), including a copy of the Order of the Decision of the National Transportation Agency to the application by Canadian Pacific Limited to abandon the operation of the Edmundston Subdivision, and 84-240 COMMON COUNCIL AUGUST 30, 1993 a copy of a letter to Prime Minister Campbell from Premier McKenna in this regard, be added to the agenda for consideration at this meeting. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the above-noted correspondence be added for consideration at this meeting. Question being taken, the motion was carried. The Assistant 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, three parcels of land located at 85, 89 and 91 Paradise Row (NBGIC Numbers 28696,28688 and 28670), having an area of approximately 44,200 square feet, from Medium Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same area of land from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the property to be developed as a parking area for Brenan's Funeral Home, as requested by The Brenan Group Ltd. (Brenan's Funeral Home), 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 amendments. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at its August 24 meeting at which the Committee adopted Planning staff's recommendations and granted a variance to permit 2 two-way accesses and set conditions to ensure the parking lot is developed appropriately for the area; and recommending that (1) Schedule 2-A of the Municipal Plan be amended by redesignating, from Medium Density Residential to District Centre Commercial classification, three parcels of land located at 85,89 and 91 Paradise Row (NBGIC Numbers 28696,28688 and 28670); and (2) the same area be re-zoned from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, three parcels of land located at 85, 89 and 91 Paradise Row (NBGIC Numbers 28696,28688 and 28670), having an area of approximately 44,200 square feet, from Medium 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, three parcels of land located at 85, 89 and 91 Paradise Row (NBGIC Numbers 28696,28688 and 28670), having an area of approximately 44,200 square feet, from Medium 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". 84-241 COMMON COUNCIL AUGUST 30, 1993 On motion of Councillor Knibb 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 the three parcels of land located at 85,89 and 91 Paradise Row (NBGIC Numbers 28696,28688 and 28670), having an area of approximately 44,200 square feet, from "RM-1" Three- Storey Multiple 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. On motion of Councillor Knibb 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 the three parcels of land located at 85,89 and 91 Paradise Row (NBGIC Numbers 28696,28688 and 28670), having an area of approximately 44,200 square feet, from "RM-1" Three- Storey Multiple 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 Knibb 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 Assistant Common Clerk advised that the necessary advertising was completed with regard to amending Common Council resolution of September 12, 1988, which limited the use of the property at 936 Rothesay Road to a florist shop, to now permit a pet supply store and tack shop, as requested by Mr. Grant Lyons and/or Mr. Mark Lawrence, 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. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at its August 24 meeting, and recommending that the Section 39 conditions attached to the 1988 re-zoning of 936 Rothesay Road, also known as NBGIC Number 297739, be amended only to the extent that the use of the property permit a pet supply and tack shop. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 conditions attached to the 1988 re- zoning of 936 Rothesay Road, also known as NBGIC Number 297739, be amended only to the extent that the use of the property permit a pet supply and tack shop. Responding to a query from Councillor Chase as to whether there are any requirements for pet supply stores to belong to a certified professional association or to be licensed, Mr. Baird advised that he will look into the matter. Question being taken, the motion was carried. 84-242 COMMON COUNCIL AUGUST 30, 1993 On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Mayor Wayne submitting letters from (a) The Honourable Jane Barry, Minister of the Environment, and The Honourable Russell King, Minister of Health and Community Services regarding the Clean Water Act, and a proposed Potable Water Sampling Regulation; and (b) District Medical Health Officer C. Scott Giffin concerning the Potable Water Sampling Regulation -- be referred to the City Manager and the appropriate staff. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting correspondence from Mr. Ronald Drisdelle of Centre Scolaire-Communautaire Samuel-de-Champlain following up on Council's May 17 decision not to approve the grant application for Franco-Frolic; explaining the status of both Festival Acadien and France-Frolic in that, while it was indicated that funds would be set aside for the French community, the French-speaking community of Greater Saint John since 1991 celebrates its heritage in June with Franco- Frolic as its most important celebration, although it will still continue to celebrate August 15 Festival Acadien but will refrain from submitting any future grant application for this event; and requesting Council to consider to redirect funds made available to Festival Acadien in favour of Franco-Frolic. On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that the above-noted request be referred to the City Manager for a report. Mr. Woods advised that Festival Acadien received a grant in 1992, but not in 1993. During discussion it was questioned whether the request is for the 1993 or 1994 event. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne submitting a letter from the Canada 93 Cycling Expedition requesting financial support for this event which is to raise money for the benefit of research on cancer -- be received and filed. Mayor Wayne advised that the cyclists are expected in Saint John on October 30 and anyone wishing to make a contribution to the event may contact her office for further information. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mr. Bobby Donovan suggesting that, in view of the many tourists in the Uptown area of the City who need assistance, the Seniors' Resource Centre could be approached to operate a service to give information and assistance to them -- be referred to the City Manager and appropriate staff for input and a recommendation to Council. 84-243 COMMON COUNCIL AUGUST 30, 1993 Deputy Mayor McAlary commented on Uptown Saint John Inc.'s efforts to assist tourists in the Uptown through the employment of a summer student who distributes, from a vending cart, City information, and has a telephone supplied by NB Tel to assist tourists ins making hotel and restaurant renovations; and advised that next summer, if Uptown Saint John Inc. is unable to have a student do this, it would be very pleased to have senior citizens assist. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a letter received in her office from Mr. Daniel Dineen of Duck Cove Recreation & Heritage Assoc. Inc. expressing concerns about the Irving re-zoning request to develop property at Sheldon Point for a waste treatment plan ash pit (the application of Irving Pulp & Paper, Limited for a Municipal Plan amendment and re-zoning having been tabled at Council's August 16 meeting), and explaining why the Association is opposed to any such development. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter submitted by Mayor Wayne from Duck Cove Recreation & Heritage Assoc. Inc. in opposition to the re- zoning request for a waste treatment plant and ash pit at Sheldon Point -- be laid on the table for Council's consideration after receipt of the Environmental Impact Assessment. Question being taken, the motion was carried with Councillors Landers and A. Vincent voting "nay". Councillor Chase rose on a point of order in connection with the manner in which the above item was presented on the Council agenda, whereupon the Mayor expressed the opinion that Council cannot discuss the matter as it was tabled. Consideration was given t a copy of National Transportation Agency Order Number 1993-R-268 and Decision No. 571-R-1993, in the matter of an application by Canadian Pacific Limited for authority to abandon the operation of the Edmundston Subdivision in the Province of New Brunswick; and a copy of a letter to Prime Minister Kim Campbell from Premier Frank McKenna requesting that she consider the views of the vast array of New Brunswickers, including himself and the Government, and carefully consider the impact of this Decision. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above-noted correspondence be received and filed, and a letter be forwarded to the Prime Minister opposing the abandonment of the subject rail line. The initial motion was to receive and file the above correspondence, and Councillor Landers suggested that Council should take a stand against the abandonment of the line through a letter to the Prime Minister. Councillor Rogers noted the Province's concern, as indicated in the above Decision, that abandonment of the rail line would force additional truck traffic onto its highway network; and expressed concern that, based on comments from railway employees in Saint John, they are being told that their jobs are being phased out, when the abandonment approval has not yet been given. Mayor Wayne noted that the CP line cannot be taken off for one year after the approval because VIA travels the route. Question being taken, the motion was carried. Consideration was given to a report from the City Manager responding to Council's August 3 request for information on the enforcement action concerning 205- 207 King Street West, which was the subject of a letter from Mr. Ronald Galbraith, as well as of numerous complaints and numerous notices to the owner to no avail; advising that the process to initiate legal action with regard to the subject property, which is a vacant lot being used by the public as a dump for dilapidated vehicles, old appliances and other junk, began in June and the Legal Department has drafted the necessary 84-244 COMMON COUNCIL AUGUST 30, 1993 documents in order to present this property to Common Council under the Unsightly Premises By-Law for enforcement; and recommending that this report be received and filed. Consideration was also given to a report from the City Solicitor advising that he has reviewed the correspondence from Mr. Ronald Galbraith, including his letter of August 19 which is on the agenda of this meeting; commenting on the proper procedures to be followed to resolve an unsightly premises situation; and concluding that, on another point raised by Mr. Galbraith, the City cannot delegate its powers under Section 190 of the Municipalities Act to an ordinary citizen who is not in the employment of the City. Consideration was also given to the above-mentioned letter (with enclosures) from Mr. Ronald Galbraith, dated August 19, 1993, concerning the property at 205-207 King Street West, commenting further to his previous letter, and expressing the belief that the policy regarding unsightly premises is a failed policy or, more accurately, a do nothing policy; as well as to another letter from Mr. Galbraith, dated August 25, 1993, submitting a copy of his letter to the City Manager in this regard. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the above noted correspondence be received and filed and a copy of the City Solicitor's report be forwarded to Mr. Galbraith. Mr. Brown explained that the Building Inspector has to follow due legal process when a situation such as this occurs and that, while many citizens are of the opinion that the Building Inspector has the power to act instantly and have the matter corrected quickly once it has been brought to his attention, unfortunately this opportunity is not available to the City in that it has to follow the due legal process as set out in the above report. Councillor A. Vincent questioned the ownership of the property and suggested that the matter should be tabled until such time as staff can provide this information. On motion of Councillor A. Vincent Seconded by Councillor Landers RESOLVED that the above matter be laid on the table until the ownership of the property is determined. Question being taken, the tabling motion was lost with the Mayor and Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers and M. Vincent voting "nay". Question being taken, the original motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, contract 93-19, McAllister Drive street reconstruction, be awarded to the low tenderer, Classic Construction Ltd., at the bid price of $491 ,305, as calculated based upon estimated quantities, 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 Rogers RESOLVED that as recommended by the City Manger, contract 93-20, Phase 2 Closure Spruce Lake Landfill, be awarded to the low tenderer, Galbraith Construction Ltd., at the bid price of $667,060, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 84-245 COMMON COUNCIL AUGUST 30, 1993 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, contract 93-22, Manchester Avenue road work, Provincially- Designated Highways, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the bid price of $156,055.40, as calculated based upon estimated quantities, 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 Chase Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Harris and Roome Supply Limited, in the amount of $16,636.11 (plus taxes), be accepted for the supply of replacement programmable logic controllers PLCs) for the Millidgeville wastewater treatment plan. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the low tender of Tacel Ltd., in the amount of $4,438 each (plus taxes), be accepted for the supply of four new traffic control units. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the low tender of MicMac Fire & Safety Ltd., in the amount of $15,250 (plus taxes), be accepted for the supply of 25 sets of Fire Department turn-out coats and bunker pants. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $240,000 be accepted from R. W. Tomlinson Limited as security to ensure the rehabilitation of the gravel pit at 170 Ashburn Road, NBGIC Numbers 298422 and 305128. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to Council's August 16 meeting, Mr. Eric Claessen met with staff and restated his desire to have a cottage at 1010 Acamac Backland Road, with no improvements to the existing road, and that the concerns expressed in the City Manager's previous report remain, with fire protection to be the most significant service that would be compromised by the condition of the road, and that approval of the request would encourage others to propose recreational buildings in the area; suggesting a resolution should Council wish to permit the proposal; and recommending that this report be received and filed. Consideration was also given to a letter from Mr. Eric W. Claessen requesting to address Council in the matter of developing his land at 1010 Acamac Backland Road for recreational purposes. 84-246 COMMON COUNCIL AUGUST 30, 1993 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that Mr. Claessen be invited to address Council at this time. Question being taken, the motion was carried. Mr. Eric Claessen advised that he has a permanent residence in Ketepec and it is his intention to build a log cabin, for recreational purposes only, on the former site of a single-family dwelling, on five and one-half acres of land located in an isolated area known as 1010 Backland Road; and that he purchased the property knowing the City was unable to provide a variety of City services to the proposed development, nor does he wish to receive these services. Mr. Claessen also advised that he received approval from the Board of Health on February 16, 1993 to construct an outhouse and approval to use potable water from a natural spring, and that he has a gas-powered generator to provide electricity and, if so desired, has access to lines to run electricity to his building at his expense; and further advised his intent to remove his garbage to his residence in Ketepec. Mr. Claessen made the observation that the Acamac Backland Road is a one-lane dirt road and provides adequate accessibility from both the Westfield Road and Route #7, along the adjacent access road; therefore no upgrading or maintenance to the Acamac Backland Road is required; and advised his intent to travel mostly by all-terrain cycle from his residence to the subject property, which is only a five minute walk from Route #7. Mr. Claessen expressed the view that the City has everything to gain from the construction as it does not have to provide services and would collect a higher tax base than on wild land. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that Mr. Eric Claessen's proposed recreational building be approved at 1010 Acamac Backland Road on the basis that no service improvements have been or will be sought. Responding to a query from Councillor Chase as to whether it is possible to put a codicil to the land deed that would exist in perpetuity so that any lawyer searching the title in future would be aware of the conditions agreed to verbally by Mr. Claessen for protection to the City, Mr. Rodgers replied in the negative; and, with regard to the Mayor's indication that the City could obtain a letter in this regard from Mr. Claessen, Mr. Rodgers made the observation that Council has Mr. Claessen's public statement and can base its decision on what is heard at this meeting and, in the future, Council still has discretion as to what services it might ever consider. Question being taken, the motion was carried with Councillor Coughlan voting "nay". Read a report from the City Manager referring to Council's July 5 resolution regarding Mr. Terry Gallant's request for the City to sell him a portion of the street right-of-way in order for him to construct a porch on his house at 428 Milford Road and to MLA Louis J. Murphy's subsequent appearance before Council on August 3 to appeal the decision of Council not to sell Mr. Gallant the required portion of the street right-of-way, the latter at which the issue was referred to staff for another review; explaining that, while it has been determined that a 4-foot encroachment on the street right-of-way at this location would not interfere with sight distances relative to pedestrians or traffic in the area and there are no City services that would be affected and the land would not be required for road widening in the foreseeable future, the major concern staff has is the precedent of providing permission to allow new construction to take place within a street right-of-way, and it is staff's opinion that past practice should be followed and the request be denied; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Mr. Terry Gallant be advised that the City is not prepared to permit an encroachment on the Milford Road right-of-way for the purpose of constructing a porch on his property at 428 Milford Road. 84-247 COMMON COUNCIL AUGUST 30, 1993 During discussion the Mayor and Councillor Gould spoke in opposition to the above motion on the basis of the indication in the above report that site distances and City services would not be affected, nor is the City considering widening the street in the future. Deputy Mayor McAlary asked if the City has ever allowed somebody to build something in a street right-of-way, to which Mr. Robichaud advised that his information is that the City has never permitted new construction on a street right-of-way, although it has been done for existing structures. Question being taken, the motion was lost with the Mayor and Councillors Chase, Coughlan, Gould, Landers and A. Vincent voting "nay". (Councillor Knibb withdrew from the meeting) Councillor Chase proposed a motion that the City set up an agreement with Mr. Gallant in the above regard, whereupon Mr. Rodgers suggested that the matter be referred to the City Solicitor for submission to Council of an appropriate resolution or agreement. On motion of Councillor Chase Seconded by Councillor McAlary RESOLVED that the above matter be referred to the City Solicitor to prepare an appropriate resolution or agreement. In response to Councillor M. Vincent's suggestion that a new policy should now be prepared in view of Council's above action in defeating its policy, Mr. Rodgers advised that, if Council wants the issue of a new policy addressed, it should be done by the City Manager. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the matter of Council action in defeating its policy be referred to the City Manager and the City Solicitor, if necessary, and a new policy respecting encroachments be drafted. The Mayor suggested that the motion should be that staff report to Council on whether or not there should be a new policy. Question being taken, the motion was lost with the Mayor and Councillors Coughlan, Gould, Landers McAlary and A. Vincent voting "nay". (Councillor Knibb re-entered the meeting) Read a report from the City Manager submitting a recommendation with regard to Hideaway Holdings Ltd.'s application to the Liquor Licensing Branch for Special Events license for the Lord Beaverbrook Rink for September 4 to 5, 1993 to allow the provision of food and beverages in conjunction with the Harley Davidson Owners Group Rally. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, Council give its approval for a Special Events license at the Lord Beaverbrook Rink for the period of September 4 to 5, 1993. Question being taken, the motion was carried. Consideration was given to a report from the City Manager explaining the context for a Corporate Operational Review and the manner in which to initiate the review process which will be a critical agent of positive change for the City of Saint John, and will be a comprehensive, department-by-department analysis designed to identify means of achieving greater cost effectiveness and efficiencies in civic programs and service delivery; setting out the objectives for the Review, which is scheduled to 84-248 COMMON COUNCIL AUGUST 30, 1993 commence in September and run to April of 1995; and recommending that Common Council formally direct that the Corporate Operational Review commence and encourage positive, constructive input from all to the process. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council formally direct that the Corporate Operational Review commence and encourage positive, constructive input from all to the process. Mr. Brown highlighted the above report, and Mr. Groody presented a brief overview of the methodology for carrying out the Review. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting a recommendation further to the presentation to Council on August 16 by Mr. Brian Beckingham, President of Uptown Saint John Inc., and Ms. Lydia Lewycky of Outside Design, with respect to the proposed City Market Animation Project. Consideration was also given to a report from the Saint John Preservation Review Board submitting a copy of the Heritage Planner's report and excerpt from the Board's minutes in response to Common Council's request to review the initiatives proposed by Uptown Saint John Inc. in its City Market Animation Project, which was presented on August 16; and recommending that Council endorse the projects proposed for Year One but consider banners not to be appropriate for the Charlotte Street facade since they would disturb the classic symmetrical rhythm of the windows and openings of the Second Empire architecture, and that appropriate heritage signage be adopted for the Charlotte Street facade, consistent with the Practical Preservation Guideline, SIGNS, used to assess the appropriateness of proposals for signs on buildings in the Preservation Areas; however, the Board does not feel that sufficient detail study has been completed on projects proposed for Years Two and Three, and would be leased to provide input to Uptown Saint John and Common Council to determine the appropriateness of these proposed initiatives and suggest alternatives if necessary. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Uptown Saint John Inc. proceed with the implementation of the recommendations for the City Market Animation Project outlined in Year One of the Project; that, prior to the implementation of Phase 2 and 3, the Preservation Review Board be consulted; and further that staff report back to Council on each Phase prior to implementation. Discussion ensued during which time it was noted that the Preservation Review Board considers that banners would not be appropriate for the Charlotte Street facade of the City Market as proposed in the Animation Project, and the fact that, while the City Manager's report indicates that staff concurs with the recommendations of the Board and does not include banners on Charlotte Street in the projected costs, the above recommendation proposes approval for Year One; and it was suggested that the matter should be tabled for clarification in this regard. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the above recommendation of the City Manager be laid on the table pending clarification. Question being taken, the tabling motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the above report from the Preservation Review Board be laid on the table. 84-249 COMMON COUNCIL AUGUST 30, 1993 Question being taken, the tabling motion was carried. Read a letter from the Assistant Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed regarding the submitted application of Fitzpatrick's Funeral Service Ltd., concerning property at 6-14 Richmond Street, and that no written objections have been received in this regard. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the application of Fitzpatrick's Funeral Service Ltd. for a Municipal Plan amendment and re-zoning of 6-14 Richmond Street 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 Tuesday, October 12, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase 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 triangular parcel of land located at 100 Kierstead Road (NBGIC Number 467696), from Medium Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. (Councillor M. Vincent withdrew from the meeting) The by-law entitled, "A Law To Amend the Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "By- Law Number C.P. 100-322 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a triangular parcel of land located at 100 Kierstead Road (NBGIC Number 467696), from "RM-1" Three-Storey Multiple Residential to "1-3" Light Industrial Park 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 uses be limited to retail store, office, showroom and bank or financial institution; (b) at least ten off-street parking spaces be provided; (c) the lower parking area be paved; 9d) broken pavement be repaired; (e) concrete curbing be installed to delineate the two accesses and extended between them as illustrated on a site plan to be approved by the Development Officer; and (f) the area between the two parking areas and the area behind the concrete curbing in (e) above be landscaped as illustrated on a site plan to be approved by the Development Officer; and (3) the required site improvements be completed by June 30, 1994. The by-law entitled, "By-Law Number C.P. 100-322 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. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-323 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a portion of the property with a width of 80 feet 84-250 COMMON COUNCIL AUGUST 30, 1993 and a depth of 175 feet in the southwesterly corner of the property at 2224-2230 Ocean Westway (NBGIC Number 287151), from "RS-2" One- and Two-Family Suburban Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-22323 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. (Councillor Rogers withdrew from the meeting) On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled "A By- Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", by deleting from Section 24.3 the words "twenty-four (24) months" and substituting therefor the words "thirty-six (36) months", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within 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 Tuesday, August 3, 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 recommendation, namely: 1. That as recommended by the City Manager, Common Council authorize the creation of a temporary position of Director of Personnel Administration for the period of the Corporate Operational Review and appoint Yvonne Huntington to that assignment at her current salary level; and Common Council authorize the creation of the temporary positions listed below for the period of the Review and approve a 10% salary increase for the departmental staff who assume those added responsibilities: (a) Manager of Works; and (b) Manager of Tourism and Communications. August 30, 1993 Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne C h air man. On motion of Councillor A. Vincent Seconded by Councillor Chase RESOLVED that the above report be laid on the table. (Councillor Rogers re-entered the meeting) Question being taken, the tabling motion was carried. Read report of the Committee of the Whole (as follows) 84-251 COMMON COUNCIL AUGUST 30, 1993 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on August 16, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, (1) street closing procedures be started to close those portions of Gibson Road and Lake Drive shown on the submitted plan; (2) if the street closing is completed, the closed portions as well as the most westerly end of Lake Drive that was closed in 1970, be consolidated with the adjoining property owned by Richard William Kierstead and Effie Freda Lenora Kierstead for the costs incurred; and (3) agreement to transfer this land does not implicitly nor explicitly obligate the City to complete the street closing. 2. That as recommended by the City Manager, Common Council amend the City's Local No. 18 Establishment by reducing the number of Park Attendants in the Parks Department from two to one. 3. That as recommended by the City Manager, Common Council amend the City's Local No. 18 Establishment by reducing the number of Tradesmen Helper in the works Department from one to zero. 4. That as recommended by the City Manager, Common Council authorize a one step salary adjustment, to be effective September 1, 1993, for the following 13 positions:- Commissioners of Development Services, Environment & Infrastructure, Human Resources and Management Services, and the Directors of Works, Water & Sewerage, Supply & Services, Parks, Housing & Property Management, Building & Technical Services, Recreation, Tourism & Communications, and the Deputy Commissioner of Finance: AND FURTHER that Common Council approve a one step salary adjustment, to be effective September 1, 1993, for the positions of City Manager, City Solicitor, Common Clerk and Assistant Common Clerk. August 30, 1993 Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne C h air man. On motion of Councillor Gould Seconded by Councillor Rogers 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 Chase RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried with Councillor Landers voting "nay". 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 Landers voting "nay". 84-252 COMMON COUNCIL AUGUST 30, 1993 On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the submitted subdivision plan of five residential lots, as well as to any required municipal services or utility easements; and (2) Common Council authorize the preparation and execution of one or more City/Developer subdivision agreements to ensure provision of the required services, with regard to the proposed Park Place Subdivision at Thornbrough Street/Park Street Extension. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. Malcolm Campbell, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability; AND FURTHER that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. Winston Cossaboom, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability; AND FURTHER that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. Wayne Stilwell, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability; AND FURTHER that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. Robert Thorne, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the 1992 Annual Report of The Power Commission of The City Of Saint John be received and filed, and the Commission be thanked for its service to the City. Question being taken, the motion was carried. Read a report from the Preservation Review Board submitting a copy of the Provincial Department of Municipalities, Culture and Housing's Discussion Paper, "Through Partnership to Stewardship", which initiated the New Brunswick Heritage Policy Review and is expected to result in a Provincial Government plan of action to adjust legislation, policy and programs to achieve solutions to problems and better maintain its significant assets; advising that the Board has indicated to the Province that it intends to submit a brief and has had initial discussion regarding what might be included; proposing a process in order to provide a brief to the Province prior to the 84-253 COMMON COUNCIL AUGUST 30, 1993 October 29 deadline; and suggesting that it would be most effective if the brief were submitted by Common Council and integrates the input from both the Board and City departments, and that the Board would be prepared to meet with Council to discuss the brief prior to its submission to the Province. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that as requested by the Preservation Review Board, Common Council submit a brief to the Province with regard to the New Brunswick Heritage Policy Review integrating the input from both the Board and City departments. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from The Honourable Jane Barry, Minister of the Environment, submitting a copy of a statement issued by her and The Honourable Pierre Vincent, Minister of Environment Canada, concerning Saint John Harbour Study action follow-up and agreement to approach the City of Saint John with regard to exploring options for financing the clean-up project, as well as a document on the three levels of government project in Halifax Harbour; and proposing to begin at once to develop a plan of action involving the three levels of government and explore the potential of privatization -- be referred to the City Manager. (Councillor M. Vincent re-entered the meeting) Mr. Brown, at the Mayor's request, apprised Council of the contents of a letter prepared for the Mayor's signature acknowledging her support for what is a very significant problem for the City to address in the future and indicating that the City now must work through staff to develop the priorities from the City's perspective and then work with the Minister and the other levels of government to negotiate support for a strategy which will see the Study implemented; and the Mayor advised her intent to provide Council members with a copy of this letter. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Kimble E. Costain of One Canada - One Youth - One Hope, regarding Council's response at its last meeting to his request for funding for an administrative centre relevant to the Summit On Multiculturalism For Youth In Canada -- be received and filed and Council extend best wishes to Mr. Costain in his endeavour. Question being taken, the motion was carried. Consideration was given to letters in opposition to an exotic bar establishment, which was the subject of a letter to Council on August 16 from Mr. Joseph P. Moulton. Councillor Chase proposed a motion, which he later withdrew, to refer the above letters to the appropriate City staff for consideration with the previous letter inquiring about an exotic bar establishment; whereupon the Mayor suggested that Council, rather than taking a stand on this matter, has placed the onus on staff to make a recommendation; therefore, if Council members do not want such an establishment in the City, Council should indicate so by receiving and filing the correspondence and advising Mr. Moulton and the authors of the above letters accordingly. On motion of Councillor McAlary Seconded by Councillor Gould RESOLVED that the letters in opposition to an exotic bar establishment, which was the subject of a letter to Council on August 16, 84-254 COMMON COUNCIL AUGUST 30, 1993 from:- (a) Reverend Lindsey Burt of the Full Gospel Assembly, submitting a petition; (b) Pastor Charles F. French of Central United Baptist Church; (c) on behalf of the Downtown Ministerial Association of the City of Saint John, the Saint John and Area District Ministerial, and the Fellowship of Baptist Pastors of Saint John-Kings Association of the Atlantic United Baptist Convention; and (d) Heather DeBouver, Spokesperson for the Anti-Pornography Coalition ---- be received and filed and Mr. Joseph P. Moulton be advised that permission will not be granted to establish an exotic bar in the City of Saint John. Mr. Brown advised that he has spoken with Mr. Moulton about the proposed operation, and that, while it was staff's intent to respond next week to Mr. Moulton's letter, if Council wants to make a decision at this meeting, it is entirely within its prerogative to do so. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Haldor (1972) Ltd. for the re-zoning of 428/432/434 Rothesay Avenue 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 Tuesday, October 12, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Sylvie Sylvestre and Don Desserud advising that they would like to have their residence at 277 Princess Street, which was built circa 1880, considered as a heritage property -- be referred to the City Manager for a report. Question being taken, the motion was carried. Mayor Wayne noted it is the last meeting for Mr. Brown and extended best wishes to him on behalf of the members of Common Council. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Assistant Common Clerk