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1993-10-25_Minutes 84-325 COMMON COUNCIL OCTOBER 25, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fifth day of October, AD. 1993, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; 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; J. Baird, Manager - Development Division, Planning; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Deputy Mayor McAlary 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 October 18, 1993, be approved. Question being taken, the motion was carried. Councillor Landers extended congratulations to Saint John resident Mr. Don (Sailor) MacKinnon who was named to the Maine State Boxing Hall of Fame in October. On motion of Councillor Gould Seconded by Councillor Landers RESOLVED that the Common Council of the City of Saint John extend congratulations to Mr. Don (Sailor) MacKinnon on having been named to the Maine State Boxing Hall of Fame. Question being taken, the motion was carried. Deputy Mayor McAlary encouraged support for the United Way Campaign; noted the commencement this week of Small Business Week in the City of Saint John, the October 26 Saint John Flames home game at Harbour Station, the October 28 commencement of the Canadian Touch Football Championships in the City, and the forthcoming celebration of the Hallowe'en tradition on Saturday, October 30; and advised Council that, during this meeting, a photographer will be taking pictures of the Council members for use by The Evening Times-Globe newspaper. The Federal election on this date was also noted. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Municipal Plan amendment to delete the proposal to extend Catherwood Street north of Manawagonish Road to Dever Road, to permit the development of this area for residential purposes, as requested by St. Rose Parish Community Housing Inc., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter in support of the application considered at the Committee's October 19 meeting at which Dr. Ed Lund and Mr. David Barry represented St. Rose Parish Community Housing Inc. in favour of the application and no other persons were in attendance; advising that a motion to approve the application was defeated, subsequent to which it was moved and 84-326 COMMON COUNCIL OCTOBER 25, 1993 seconded that the application be referred to staff for more detailed site information, including building locations, contours and location of the proposed road, as well as for consideration of other options; and recommending that the public hearing be held as advertised, but that no decision be made until the Committee is able to submit a recommendation. Dr. E. G. Lund, President of St. Rose Parish Community Housing Inc., appeared in support of the applicant, and noted the group's efforts to develop with senior citizens' complexes with possibly a mixture of low-cost housing an entire property to the rear of St. Rose's School in West Saint John, which has been donated to it by the Roman Catholic Bishop of Saint John, and the existence on the property of one senior citizens' unit. Dr. Lund also noted the need for senior citizens' residences in the City; and advised that the group is having a problem trying to come up with an overall plan for the property over the next four or five years because of the proposed plan for a road to go through from Catherwood Street into the Dever Road area. Dr. Lund also advised that the applicant is of the opinion that it is unlikely that the proposed road will ever be put in place, that it is not needed, nor would it be utilized in that, when it was proposed 20 years ago when the Municipal Plan was developed, it was anticipated that the population in Saint John would be well over 200,000 by this time; however, the population in Saint John has gone down, and also that it would be an expensive proposition as it would either take out the Church of Good Shepherd on Manawagonish Road or encroach upon St. Rose School. With respect to staff's references to the increase in traffic volume and the portion of land developed in the area, Dr. Lund expressed the view that traffic has not really presented a problem and much of the property is rock and a lot of the other property is owned by the Irving enterprises and, while there has been some development there over the past few years, the applicant does not feel that there will be any major development in the area over the next several years. Dr. Lund suggested that it is time to remove the proposed Catherwood Street Extension from the Plan to allow the applicant to get on with a development which is very badly needed; and concluded that, while the applicant would go along with whatever Council decides with regard to the Planning Advisory Committee's recommendation, the applicant would prefer, if at all possible, that Council at this time consider making a decision and remove the road from the Municipal Plan and allow the applicant to get on with the development of the property into a beautiful senior citizens' complex which is badly needed. During discussion Dr. Lund advised that the applicant hopes, over the next four or five years, to build at least three more units similar to the existing unit, each of which would have ten apartments; and, with regard to whether or not another ten- unit facility in addition to the already-existing unit could be constructed under the current situation in order to allow staff time to completely review the Plan which would require more than a two-week period, he explained that, while it could do so, it would make it much more difficult because the applicant envisages a type of small village development and, when it starts the plan, it would like to know exactly what is going on with the subject property; and Mr. Robichaud commented on the matter of the proposed Catherwood Street Extension as outlined in the submitted Planning report. A motion was proposed by Councillor Knibb and seconded by Councillor M. Vincent to refer the matter back to the Planning Advisory Committee for a report to Council in two weeks, such motion subsequently withdrawn upon Councillor Coughlan's observation that Council should proceed with this matter at this time, rather than refer the matter for a report knowing that Council, certainly over its lifetime, is not going to be able to capitalize such an expenditure, going into the cost containment situations that it faces and the inability to obtain the necessary transfers from any level of government to be able to finance the project. A motion was proposed by Councillor Knibb, and seconded by Councillor Coughlan, to give first reading to the proposed Municipal Plan amendment. Discussion ensued during which time Mr. Robichaud advised that staff does not see buying the Church of Good Shepherd property, but rather sees the road being aligned in such a way that the houses on the left-hand corner going up Catherwood Street, in other words the south-west corner, could be purchased to avoid the Church property and put a curve in the Road, and also that there is only a very tentative location for the proposed road, with several ways to put a road through to 84-327 COMMON COUNCIL OCTOBER 25, 1993 avoid the problem with the Church and the St. Rose School; and Mr. Bedford explained that, while the population anticipated in the Plan in 1972 does not exist, the traffic volumes do exist and staff is now discussing protecting the road allowance that will serve the population of the City in 10 or 15 years from now, probably in a sense that none could envisage at this time, and that he considers a decision in this regard more important than a specific development; and also that staff, provided the opportunity, would endeavour to give the Planning Advisory Committee and Council more information with respect to the details of the potential road allowance through that area; and to illustrate, to the extent possible without the ability to totally engineer the project, the flexibility that is available to the applicant in terms of its future development and also the flexibility that may be available in terms of the intersection, with such additional information to more clearly explain the difference between the location of the roadway as indicated by a broken line on a very schematic sketch and the next step of planning; and he also explained that, as the large area of land between Dever Road and Manawagonish Road would provide one of the few opportunities to improve the traffic movement in the area, should Council proceed with the Municipal Plan amendment at this time, that would mean removal of the road allowance and the applicant would probably proceed with the development; while, if Council wished additional information with respect to specific road allowances and the impact on site plans, etcetera, as existed in the previous development, such information would be discussed with the applicant before being submitted to Council. Councillor Gould made the observation that there is a risk involved in that the motion for first reading could be defeated at this time which would mean that the applicant would have a waiting period prior to submitting another application, while the Council members who oppose the proposed motion now might eventually support it upon receipt of additional information. Mr. Totten requested that staff be given the opportunity to report to the Planning Advisory Committee and to provide Council with any other further information on the basis of his concern about the long-term. Councillor Knibb suggested that, as Council would not be proceeding with third reading at this meeting, there would be plenty of time to receive additional information. The proposed motion was withdrawn with the consent of the mover and seconder. On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table for two weeks pending a recommendation from the Planning Advisory Committee and a report from the City Manager. Question being taken, the tabling motion was carried with Councillor Knibb voting "nay". The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to delete the words "- a bus or other public transportation terminal;", in Section 540(2)(a), and inserting the same words in Section 540(1)(a), to permit public transportation terminals in the "B-3" Central Business zone, 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 also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's October 19 meeting at which no response from the public was received; and recommending that the Zoning By-Law be amended by deleting "- a bus or other public transportation terminal;" in Section 540(2)(a) and inserting the same words in Section 540(1)(a). 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 deleting the words "- a bus or other public transportation terminal;", in Section 540(2)(a), and inserting the same words in Section 540(1)(a), be read a first time. 84-328 COMMON COUNCIL OCTOBER 25, 1993 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 deleting the words "- a bus or other public transportation terminal;", in Section 540(2)(a), and inserting the same words in Section 540(1)(a), 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 Gould RESOLVED that the report from the Planning Advisory Committee regarding the above-proposed amendment 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 amendment to the conditions attached to the December 22, 1986 re-zoning of 1120 Loch Lomond Road (NBGIC Number 55008817) and the July 28, 1980 re-zoning of 1150 Loch Lomond Road (NBGIC Number 426486), to permit a revised proposal to permit the development of a restaurant with a drive- through window at the corner of Loch Lomond and Hickey Roads, the expansion of the existing Home Hardware development onto the adjacent property at 1150 Loch Lomond Road and modifications to the approved development of the balance of the lands at 1150 Loch Lomond Road, as requested by Family Shoe Shoppes (1985) Ltd., and that no written objections were received in this regard. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its October 19 meeting at which Mr. Ray Glennie, solicitor for the applicant, and Mr. John Cudmore, owner of 1120 Loch Lomond Road, as well as Mr. Cudmore's solicitor, Mr. Hayward Aiton, and Mr. John McEachren representing Tim Horton Donuts, were in attendance, and Mr. Glennie expressed agreement with staff's recommendation, noting only that a proposal for a combined Tim Horton/Home Hardware sign may be submitted to the Committee in the future; and submitting a recommendation with respect to amending the conditions of re-zoning. Mr. John Rocca was present on behalf of the applicant in support of the proposed amendment; noted the presence at the meeting of Mr. John Cudmore of John Cudmore Enterprises Ltd., owner of the balance of the subject property; and advised that the Planning Advisory Committee's report is acceptable to both he and Mr. Cudmore. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the conditions attached to the December 22, 1986 re-zoning of 1120 Loch Lomond Road (NBGIC Number 55008817) and the July 28, 1980 re-zoning of 1150 Loch Lomond Road (NBGIC Number 426486) in the following manner: (a) to permit the creation of a lot at the intersection of Loch Lomond Road and Hickey Road for the development of a restaurant; (b) to permit the adjustment of the boundary line between the existing hardware store development and the site of the future shopping centre; (c) to reduce the maximum size of the future shopping centre development from 7000 square metres 84-329 COMMON COUNCIL OCTOBER 25, 1993 (75,000 square feet) to 3700 square metres (40,000 square feet); and (d) to require that the development or redevelopment of each development site be in accordance with a detailed site plan prepared by the proponent of the development and approved by the Development Officer: AND FURTHER that as recommended by the Planning Advisory Committee, Common Council assent to a subdivision plan of property at 1120 and 1150 Loch Lomond Road, similar to the submitted plan, showing land for public purposes in the form of a buffer strip along the Little River and any required municipal services easements or utility easements. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from Deputy Mayor McAlary advising that several of the local taxi drivers are very concerned with the amount of fares being charged in the City as they feel that meters should be placed in taxis to determine the rates; and asking for an update from the Taxi Review Committee on what has transpired to date. Deputy Mayor McAlary referenced a letter (copies of which were distributed to Council members in Committee of the Whole earlier this date) from the private owners and drivers of the taxi industry, noting that at this time she is not sure whether or not it represented all of the private drivers and this will have to be determined; and asked that the whole matter of the Taxi Review Committee be referred to the City Manager for a report to Council, and to turn over the letter received earlier this date to the Taxi Review Committee for discussion. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above letter from Deputy Mayor McAlary be referred to the City Manager for a report to Council. Councillor Chase, a member of the Taxi Review Committee, commented on the Committee's membership and advised that the Committee will very shortly be in a position to present a final report to Council. Deputy Mayor McAlary asked if, while the above-referenced letter from the private owners and drivers is not on the agenda of this meeting, there is something that Council could do for the private owners and drivers of the taxi industry, in view of problems being experienced because of a decrease in customers and rates and the absence of a minimum rate in the Taxi By-Law, to which Mr. Rodgers replied, whether or not the subject letter is on the agenda, Council is able to deal only with setting maximums with respect to fares and that the Provincial Government would have to be asked to amend the Municipalities Act in order for Council to set minimum rates; and, with regard to the motion on the floor to refer the Deputy Mayor's letter, expressed the opinion that, Council has to add the other letter referenced by the Deputy Mayor to the agenda of this meeting in order to take any action in this regard. On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the above-mentioned letter from the private owners and drivers of the taxi industry advising that they cannot make a living with the fares going up and down, and asking Council for a by-law stating that the fares must not go below a certain price and not go higher than a certain price -- be added to the agenda of this meeting. 84-330 COMMON COUNCIL OCTOBER 25, 1993 Question being taken, the motion was carried. Deputy Mayor McAlary asked that the Taxi Review Committee consider both of the above-mentioned letters and report to Council as soon as possible. Question being taken, the original motion was carried. Read a letter from Councillor M. Vincent referring to the status of a recently-announced proposal from Irving Oil Co. Ltd. respecting a $300 million enhancement of the Irving Refinery and the creation of over 1,000 jobs as part of the project; expressing the opinion that Council cannot sit by and face the possible loss of over 1,000 jobs; and proposing a motion in this regard. On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that the City Manager, on behalf of Council, forthwith establish a committee comprising the appropriate staff and representatives from the Economic Development Commission, the Board of Trade, the Saint John District Labour Council, and the Saint John Construction Association, amongst others, to meet with the Irving interests to obtain the necessary information required, and further that the committee approach the Provincial Government, through its Minister of Economic Development, so that a united approach can be made to the Federal Government asking that reconsideration of their decision respecting write-down time be undertaken, resulting in creating conditions whereby the proposal can proceed and Saint John can receive the benefits both economically and in large-scale job creation. Councillor Gould suggested that the City could approach the Irvings and the Provincial Government, possibly through the Mayor's Office, to see how Common Council can assist, perhaps in a supportive role. Question being taken, the motion was carried. Read a letter from Councillor A. Vincent asking that the City Manager advise Council the amount paid to the Bank of Nova Scotia, for banking services, in the past five years, without public tender. On motion of Councillor A. Vincent Seconded by Councillor Chase RESOLVED that the above matter be referred to the Commissioner of Finance for a report to Council. Mr. Wilson advised that the City has paid in the vicinity of $90,000 over five years to the Bank of Nova Scotia, which includes all of the services for the City of Saint John, including the Water Utility, the Power Commission, the Aquatic Centre, the Transit Commission and the Pension Plan, and all the cheques that clear the bank, the deposits made and the bond coupons on City bonds; and that, with regard to the issue of a public tender, staff has reported to Council from time to time as existing agreements terminate, such as in January 1993 at which time staff gave the analysis to Council of what the Bank was offering and Council in open session in February did approve another 5-year term with the Bank of Nova Scotia based on the agreement presented and which staff recommended. Councillor A. Vincent asked that the information related by Mr. Wilson be submitted in written form. (Councillors Coughlan and Landers withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. 84-331 COMMON COUNCIL OCTOBER 25, 1993 On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. R. Ivan O'Connor, an employee of the Fire 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. (Councillor A. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to Lot 93-6 and any required municipal or utility easements, as well as authorize the preparation and execution of a City/Developer agreement to ensure provision of the required work, with regard to the proposed subdivision at 325 Hillcrest Road; and (2) Common Council not assent to the proposed land for public purposes along the brook of Shaw Lake, but instead assent to the required land for public purposes within the identified land of acquisition on the subject property for the Kelly Lake Flood Abatement Programme. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend its prescribed standards with respect to the property at 100 Rodney Street, adopted pursuant to Section 41 of the Community Planning Act on June 22, 1987, to read as follows: (a) with respect to the lot containing the office and kitchen facilities for Break Time Catering (NBGIC Number 367227): (i) the chainlink fence be replaced with a board-on-board fence with a minimum height of 1.8 metres (6 feet) and a maximum height of 2.0 metres (6.5 feet) as approved by the Development Officer; (ii) the timber curb adjacent to NBGIC Number 55006944 be relocated a minimum of 1.8 metres (6 feet) from the property line and the area between the relocated curb and property line be filled and sodded as approved by the Development Officer; (iii) all work necessary to fulfil conditions (i) and (ii) be completed before June 30, 1994; (iv) the refuse container be kept adjacent to the kitchen service door; (v) there be no outside storage of vehicles or equipment of any kind; (vi) there be no maintenance of trucks within the building or on the property; and (vii) products not be sold directly to the consumers or within 100 metres (300 feet) of the property; and (b) with respect to the lot containing the existing warehouse building (NBGIC Number 367235): (i) the chainlink fence be replaced with a board-on-board fence with a minimum height of 1.8 metres (6 feet) and a maximum height of 2.0 metres (6.5 feet) as approved by the Development Officer; (ii) the warehouse building be structurally repaired to the satisfaction of the Building Inspector; (iii) the exterior of the building be improved with new siding, shingle roof, and upgrading of soffit and facia overhang as approved by the Development Officer; (iv) all work necessary to fulfil conditions (i), (ii) and (iii) be completed before June 30, 1994; (v) there be no outside storage of vehicles or equipment of any kind; and (vi) there be no maintenance of vehicles or trucks within the building or on the property. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted subdivision of 675 Bonner Place to alter an existing property line, as well as to any required municipal 84-332 COMMON COUNCIL OCTOBER 25, 1993 services or utility easements. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Mr. Harold Tobias submitting copies of his letter to Mayor Wayne and Mayor Wayne's response in 1984 regarding loading and parking on North Market Street, and appealing to Council to please do something about the problem -- be referred to the City Manager and appropriate staff for response. (Councillor A. Vincent re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Mr. Dante Foriere of Diesel Power Service Ltd. for an amendment to the Section 39 conditions of re-zoning of 660 Brown 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 December 6, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Uptown Saint John encouraging the City to allow for management and enforcement of a minimum standards program in the upcoming budget, as a means to improve the quality of existing building stock -- be received and filed. Councillor Knibb, in proposing the above motion, expressed the view that, as the need to maintain the best possible housing component in the City is understood to be a pressing priority, there is no need to refer the above letter to staff. (Councillor Gould withdrew from the meeting.) Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk