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1994-01-17_Minutes 84-435 COMMON COUNCIL JANUARY 17,1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of January, AD. 1994, 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; B. Malone, Planner; R. Murray, Senior Transportation Policy Advisor; G. Tait, Fire Chief; A Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Deputy Mayor McAlary offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on January 10, 1994, be approved. Question being taken, the motion was carried. 3. Deputy Mayor's Remarks Deputy Mayor McAlary proclaimed January 17 to 23 to be National Non- Smoking Week, and the week of January 23 as V.O.N. Week in the City of Saint John in recognition of the service of the Victorian Order of Nurses. Deputy Mayor McAlary extended condolences, on behalf of the members of Council, to a former Councillor of the City of Saint John, Mrs. Edna MacGowan, on the death of her husband, James MacGowan, who passed away on January 16. Deputy Mayor McAlary welcomed to the Council Chamber, The Honourable Jane Barry, Minister of the Environment, who apprised Council, further to her recent letter to Council with regard to her Department's enforcement policy and investigations that are underway by the Department, that there will be a document tabled during the spring sitting of the Legislature which should explain the process quite clearly as one involving a detailed process of investigation with trained former RCMP officers and the detailing of witnesses etcetera, sometimes taking many months; noted an announcement last Thursday with regard to the establishment of a chair at the University of New Brunswick in sustainable development and its positive repercussions for the City of Saint John because UNBSJ will also be a second site for a centre for research linking the environment and the economy; commented on the Province's announcement of a pilot project in the City of Saint John and the greater area with regard to ice fishing; and advised, as President of the Canadian Council of Ministers of the Environment, that the Council will be meeting in Saint John at the end of May. The Honourable Mrs. Barry, referencing a presentation scheduled for this meeting by the Western Beaches Preservation Society, advised that the Society, whose goal is to promote the coastline in Saint John, has the support of the Provincial Department of Economic Development and Tourism; commented on the excellent spirit of cooperation shown by members of City staff and members of Common Council with regard to a capital budget item involving a $250,000 allocation by the Provincial Environment Department, which is to be discussed later in the meeting; and advised that a 84-436 COMMON COUNCIL JANUARY 17,1994 conference will be held in Saint John on January 20 and 21 to look at alternate financing as one possible way of meeting the challenges of the multi-million cost with regard to wastewater clean-up in New Brunswick. The Honourable Mrs. Barry presented to the City a cheque for $3,210 from the Department of the Environment's Waste Reduction Fund for the establishment of depot facilities for residents of Millidgeville and the North End whereby materials can be dropped off for recycling; and thanked the City for participating in this 50-50 cost sharing program. 4. Amendment to Section 39 Conditions of Re-ZoninQ of 134 Sydney Street The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions attached to the May 17, 1993 re- zoning of 134 Sydney Street (NBGIC Number 5371), known at one time as the "1880 Club", to permit a revised proposal so that the existing building can be used for a licensed dining room and bridal shop with facilities for banquets and receptions, as requested by Happily Ever After Ltd., and that no written objections were received in this regard, with a letter (copies of which were distributed to Council members at this meeting) having been received from the owner of the property, R. E. Darling Ltd. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and three letters and a petition against the above proposal considered by the Committee at its January 11 meeting at which the applicant and a representative of the owner of the building spoke in favour of the proposal, and Mr. Lloyd Betts, representing the South Central Citizens Council, as well as Susan Fullerton and John Shaw, neighbouring property owners, spoke in opposition; and recommending that the application be denied. Mr. Lloyd Betts of 156 Princess Street, a member of South-Central Citizens Council, appeared in opposition to the above amendment and advised that the Citizens Council, at its December 8 meeting and as a result of meetings with Mr. Hegloy Gardner, passed a motion to the effect that, provided that Mr. Gardner satisfies the community that he can provide parking spaces for 35 vehicles, the Council would not object to an amendment to the Section 39 providing for a dining room liquor license with a proviso that no other liquor licenses whatsoever be permitted for the premises. Mr. Betts noted the disruption to the community created by the operation of the 1880 Club, as well as changes in the Liquor Licensing Act, the latter which, in his opinion, make it doubly important that the rights of the residents are protected prior to any zoning allowing the sale of liquor; and also noted that the proposed wedding boutique includes not only wedding receptions but bachelor parties, engagement parties, shower parties, etcetera, and that loud music, pornographic movies, strippers and excessive drinkers are not unheard of in these circumstances; and expressed concern that, in the submission, there is nothing to prevent any of the above from happening. Mr. Betts expressed the opinion that, although there is a suggestion that the proposed operation is akin to Shadow Lawn or the Parkerhouse Inn, it is not, in that the two operations referenced both have overnight guests and it is to their advantage and in their direct interests to maintain a quiet, pleasant atmosphere around their properties, and in both cases the owners live on the properties as well. Mr. Betts expressed the view that, while a drinking establishment catering to large numbers of people has no place in the middle of this residential community, a fine dining room servicing a discriminating clientele is another matter which could be compatible with a residential neighbourhood; noted the major parking problem in the section of the City concerned; and, having referenced the letters and petition to the Planning Advisory Committee objecting to this proposal and having read from additional letters and noted additions to the petition, filed with the Common Clerk letters in opposition to the proposal from The Venerable L.N. Harding, Rector of Trinity Church and Archdeacon of Saint John; Reverend Paul V. Starratt, Senior Pastor of Calvary Temple; Reverend Tim Davidson; Pastor Charles F. French of Central United Baptist Church, and President of the Downtown Ministers' Association; Reverend Royden K. Ferris of Saint James Anglican Church; Alden & Joan LeGassie; and additional pages of signatures to accompany the above-mentioned petition. Mr. Betts asked Council to accept the recommendation of staff and the Planning Advisory Committee and reject the proposal. Mr. Hegloy Gardner, representing Happily Ever After Ltd., addressed Council in support of the above application; suggested that the proposed ethnic 84-437 COMMON COUNCIL JANUARY 17,1994 restaurant with a Caribbean atmosphere will appeal to not only the local people but also to tourists to the area; and commented on the reason for the choice of the site in question and the wide variety of services to be offered by the proposed one-stop bridal shop, including limousine service, marriage license, photography, flowers, cake, banquets and receptions, which would be unique to the area. Mr. Gardner, noting the concerns of the South End residents, suggested that the proposed business would not have an effect on the neighbourhood as did the 1880 Club; advised that he would be willing, if the application were approved, to sign a paper saying that a club would never be put in the building, and of the need to establish a quiet atmosphere to accommodate the type of restaurant proposed; and also advised that, with respect to the concern about stag parties, strippers and showers, this would not go hand in hand with the type of business to be operated and there would be no strippers or stags in the business that he is trying to create. Mr. Gardner asked Council to consider the application because it would be very good for the Uptown area as it is a new business, which will create new jobs and bring more people to the Uptown area. With regard to parking, Mr. Gardner advised that he mentioned at the Planning Advisory Committee meeting that there is a lot on Wentworth and Mecklenburg Streets that would be used for parking, as well as a parking lot on Duke and Sydney Streets; and, concerning hours of operation, advised that his proposal indicates a closing time of 12:00 o'clock midnight. Reference was made to Planning staff's proposed modifications to the proposal as indicated in the above report from the Planning Advisory Committee as follows:- (a) the use be restricted to a restaurant and bridal shop with a maximum capacity of 100 persons, including any banquet facilities; (b) the establishment may be licensed as Dining Room only, with no Entertainment license; (c) musical entertainment and dancing facilities be prohibited; (d) the hours of operation be limited to a closing time no later than midnight; and (e) off-street parking be provided, at the rate of one space for each five persons of capacity, within the general area of the subject property to accommodate the employees and patrons of the establishment, with written documentation that such arrangements are in place to be provided to the Development Officer on an annual basis, if so requested; and Mr. Gardner, noting his proposal for a midnight closing and re-iterating his willingness to sign a paper to the effect that there would be no club inside the building, advised that he accepts the modification with respect to musical entertainment, and the establishment being licensed as a Dining Room only with no Entertainment license, as this is not needed at this point because of the type of service to be offered in that the Entertainment license was just to allow wedding receptions to be held with a disc jockey but not a live band; suggested that, as the only thing that he is asking Council is to be allowed to have wedding receptions and he would also be willing to sign a paper to this effect, perhaps something could be done with the license to allow only wedding receptions and not a licensed lounge; and, with regard to (a), expressed the understanding that the building is zoned to hold 286 people, and also that wedding receptions usually would have between 100 and 150 people. With regard to the concern about possible noise created by patrons exiting the facility from wedding receptions and dances, Mr. Gardner advised that the only thing in his proposal that would address that would be the valet parking which would be offered with that type of service, although it would be difficult to say how he could control such noise; and, concerning the proposal to use the main floor and the second floor of the building with a 1 OO-seat fine dining restaurant on the second floor and a full capacity of 300 to 350 persons with receptions and so on, advised that, in view of the suggested modification for 100 people and as he is concerned about whether 100 persons would be feasible for the type of business proposed, he is now looking at 200 people as explained to the Planning Advisory Committee. Mr. Scott Darling appeared before Council in support of the above application on behalf of the owner of the building, R. E. Darling Ltd.; explained that, with respect to the proposed use of the subject property when it came before Council for re-zoning in June 1993, the Uptown business section has changed with, for example, the Mercantile Centre, which has attracted many people with its new look and new image, and there are not a lot of people in the professional businesses and so on to take part in leasing 134 Sydney Street and that, with this problem, the building has been on the market through real estate for the whole time since it was re-zoned with Happily Ever After Ltd. being the only company to make a proposal; and obviously an attempt would be made to put this new venture into the building rather than see it become an old abandoned building. With respect to parking, Mr. Darling advised that 84-438 COMMON COUNCIL JANUARY 17,1994 the parking lot at 174 Wentworth Street was obtained at the time of the re-zoning, which would be ideal for the valet parking proposed due its close proximity to the subject property. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above matter be referred to the City Manager to go back to the Planning Advisory Committee to see whether it is possible to firm up something more definite on the requirements of the residents and what is possible on the business plan. Councillor Coughlan asked that the mover of the above motion explain the intent in that, if it is not possible to do the project on the subject site and he does not know if there is other information or resources that could be brought to make this a success, he would not want to waste anybody's time by referring the matter. Councillor Knibb suggested that it seems that the parties are fairly close on the proposed modifications, although there is still the question of numbers and on parking; and that, in his opinion, the building would provide space more suitable for high class entertainment than for office space for doctors and, from a historic point of view, there is value in the proposal and heritage persons would be anxious to see the building preserved rather than come under the wrecker's ball. Deputy Mayor McAlary asked if, in view of the considerable time spent by the Planning Advisory Committee in reaching its recommendation, the matter would go back to the Committee if it were referred to staff, to which Mr. Baird replied that, if it is Council's wish for the matter to go back to the Committee, the major issue seems to be the capacity of the use being proposed and how it relates to parking; and that, as some of the information presented at this meeting by the applicant with respect to the capacity is a modification of his presentation to the Committee, there may be some room for discussion, although there would be difficult decisions to make with respect to coming to a final understanding of what is acceptable both to the community and to the applicant. Mr. Rodgers expressed the opinion that, while the Planning Advisory Committee is involved in amendments to Section 39 agreements or resolutions, it is not from the point of view that the Community Planning Act requires that as it is not the same as a re-zoning; and advised that referral of the matter to the City Manager would allow him to meet with the Planning staff and the applicant to see if Section 39 conditions can be satisfactorily arranged, and therefore it is not necessary to refer the matter back to the Planning Advisory Committee to get that done in that, while the Committee can only deal with the matter by having another meeting, referral to the City Manager to meet with Planning staff would allow the City Manager to come back to Council at the next meeting. Councillor M. Vincent advised that he sees no resolve to the situation by referring the matter to the City Manager; and Councillor Trites asked whether or not, if Council denied the subject application for a Section 39 amendment, the one year waiting period for re-application in the case of re-zoning applications applies, to which Mr. Rodgers replied that, although there would be no one-year waiting period, advertising and a public hearing would be required for a new application. Deputy Mayor McAlary advised her intent to vote against the proposed motion on the basis of her opinion, as a member of the Planning Advisory Committee, that the staff members have worked with both sides for a considerable length of time and also that she has great concern about the noise, even with a hundred guests at 134 Sydney Street, in this residential area. Question being taken, the motion was carried with Deputy Mayor McAlary and Councillors Coughlan, Gould and M. Vincent voting "nay". 5. Re-ZoninQ of 674 Michael Crescent The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the property at 674 Michael Crescent (NBGIC Number 324384), from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning At limiting the use of the property to a one- family dwelling and a nursing home for not more than six persons, 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 84-439 COMMON COUNCIL JANUARY 17,1994 Committee submitting a copy of the Planning Department's report considered by the Committee at its January 11 meeting at which Nancy Friars, the owner of the subject property, was present and had no objection with the staff report and no one appeared in opposition to the application; and recommending that the property at 674 Michael Crescent (NBGIC Number 324384), be re-zoned from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the use of the property to a one-family dwelling and a nursing home for not more than six persons. 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 674 Michael Crescent (NBGIC Number 324384), from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act limiting the use of the property to a one- family dwelling and a nursing home for not more than six persons, 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 property at 674 Michael Crescent (NBGIC Number 324384), from "R-2" One- and Two- Family Residential to "RM-1" Three-Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act limiting the use of the property to a one- family dwelling and a nursing home for not more than six persons, 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. (Councillor Trites withdrew from the meeting.) 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. On motion of Councillor A Vincent Seconded by Councillor Chase RESOLVED that the City Manager's report concerning wastewater treatment strategy, which is on the agenda of this meeting as item 11, be brought forward for consideration at this time. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". 11. Wastewater Treatment StrateQY Read a report from the City Manager referring to the City's adoption in 1993 of the Wastewater Treatment Strategy component of the Harbour Study Report and referral of the program to staff for implementation through the City's capital budget 84-440 COMMON COUNCIL JANUARY 17,1994 process with the expectation of major cost sharing from senior levels of government of the total estimated cost of $93,000,000; advising that discussions with both the Federal and Provincial Governments are continuing but may take several months to complete and, in the interim, staff has had discussions with the Provincial Department of the Environment relative to the fact that the Province, in anticipation that some construction work could be completed during its current fiscal year, has budgeted an allowance of $250,000 for expenditures related to the implementation of the Wastewater Treatment Strategy in Saint John which have resulted in a proposal that has been verbally approved by the Department of the Environment; and explaining this proposal for Common Council's approval. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, (1) the City enter into an agreement with the Province to cost share equally the western beaches collector sewer system; (2) the City engage Godfrey Associates Ltd. to complete the engineering design of the western beaches collector sewer system; (3) the City obtain quotations as indicated for piping materials, and report back to Common Council; and (4) the Deputy Mayor and Common Clerk be authorized to execute the necessary documents. Mr. Robichaud advised that the above project is one of those outlined in the Wastewater Collection and Treatment Strategy and the Province has agreed to cost share this project fifty-fifty, with staff's intent being to have at least $500,000 spent by the end of March so that the Province can cost share to the amount of $250,000 before that time; and commented on the two sections of trunk sewer basically involved in this project, one running from the Lancaster lagoon up towards the K-Mart which was a requirement in order to accommodate the Manford Thompson Subdivision up along the Throughway, the other line being the western beaches trunk sewer from the Manawagonish trunk sewer across Sand Cove Road over to the shore along the western beaches to Sea Street. During discussion Councillor M. Vincent explained that he voted against considering this matter at this time in that the Western Beaches Preservation Society's scheduled presentation came before this report on the agenda and he felt that the delegation should have had an opportunity to make its presentation first prior to dealing with the City Manager's report; and The Honourable Jane Barry commented on this cost-sharing project. Question being taken, the motion was carried. 6. Western Beaches Preservation Society Mr. Michael Richard, President of the Western Beaches Preservation Society, addressed Council on the Society's efforts to conserve and enhance the coastal beaches on the West Side of the City of Saint John, as outlined in the Society's previously-submitted brief; and, having noted that the thrust of his presentation at this meeting was to specifically ask that the sewer trunk line along the abandoned rail line be brought to the fore, thanked Council for its action in undertaking the above action under the Wastewater Treatment Strategy project. (Councillor Trites re-entered the meeting during the above presentation.) Deputy Mayor McAlary thanked Mr. Richard and the members of the Society for their work; and Mr. Richard commented on the Society's concept for a linear park concept from the Partridge Island breakwater through to the Irving Nature Park by connecting these two major components with a series of beaches in the middle, as well as on a problem with garbage washing ashore from ships anchored off-shore awaiting entry into the Harbour. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the presentation by Mr. Michael Richard, President of the Western Beaches Preservation Society, updating Council on the Society's efforts to conserve and enhance the coastal beaches on the 84-441 COMMON COUNCIL JANUARY 17,1994 West Side of the City -- be received and filed and Council thank the Minister of the Environment and the Society for its efforts in this regard. Question being taken, the motion was carried. 7. ProQress Payments Contracts 93-13,92-28 On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 93-13, Chipseal - 1993 Atlantic Colas Limited Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated January 11, 1994 Final holdback release $ 86,028.75 84,615.50 Nil 71,923.17 12,692.33 830.34 $ 12,692.33 2. Contract 92-28, Main Street Road UpQradinQ QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated January 11, 1994 Final holdback release. $162,784.70 185,793.16 Nil 143,362.58 42,430.58 2,775.83 $ 42,430.58 Question being taken, the motion was carried. 8. ProQress Payment Install Overhead Doors On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PCOOOO 10212 Apex Machine Works Install overhead doors Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated January 5, 1994 Holdback release. $ 23,052.00 23,052.00 Nil 19,594.20 $ 3,457.80 Question being taken, the motion was carried. 9. Harbour Station - Ticket Scalpers & Street Vendors Consideration was given to a report from the City Manager regarding the 84-442 COMMON COUNCIL JANUARY 17,1994 Saint John Regional Exhibition Centre Commission's request to Council on September 7, 1993 for consideration of prohibition of street vendors in the area of Harbour Station during certain periods of time and of the practice of ticket scalping; and focusing on responding to the remedies suggested by the Commission and proposing alternatives which may equally satisfy the concerns expressed by it, while not attempting to gauge public reaction to the practice of ticket scalping, or to the congestion which the Commission indicates exists. The report addresses the copyright infringement and ticket scalping issues separately from the public safety issues of congestion and nuisance at the sidewalk in the vicinity of Harbour Station in that municipal government in New Brunswick has no legislated authority to regulate or prohibit either, with copyright infringement being a criminal matter and regulated by the Federal Government and experience in other provinces which have passed legislation enabling municipal by-laws regulating ticket scalping indicating that such regulations are very difficult to enforce; and suggests that it may be possible to prosecute scalpers for failure to remit applicable taxes on the premium charged, or that ticket scalping could be limited if the Commission sets a maximum number of tickets per purchaser. The report expresses the view that it is unlikely that sale of merchandise and scalping of tickets will occur elsewhere to any great extent if prohibited at the Harbour Station location; and that, while the City has taken special measures to manage vehicular and pedestrian traffic generated by events at Harbour Station (e.g. traffic signals, pedway) and given the public safety concerns raised by management of Harbour Station, eliminating sidewalk sales at this location is a reasonable action to ensure that these measures are effective, while the Sidewalk By-Law continues to permit sidewalk sales elsewhere on sidewalks within the controls already established in the By-Law, and the proposed amendment would prohibit the sale of goods and services from the sidewalk at Station Street thereby remedying the concerns raised by the Commission respecting congestion, safety and nuisance in the vicinity of Harbour Station; and recommends that the Saint John Sidewalk By-Law be amended by adding as Section 13(c): "No person shall sell or offer for sale anything at the sidewalk located at Station Street". On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law to amend the Sidewalk By-Law, by adding Section 13(c): "No person shall sell or offer for sale anything at the sidewalk located at Station Street", be read a first time. In response to Council queries as to the applicability to Harbour Station and other buildings in the City of the change in the definition of streets in the Motor Vehicle Act to include the siding up to the exterior envelope of a building, and the distance along Station Street to which the By-Law would apply, Mr. Rodgers advised that he would have to review the Motor Vehicle Act and that, while the Sidewalk By-Law would not apply where there are no sidewalks, prior to third reading, he would examine how far the amendment can go into effect on Station Street having regard to the fact that the safety aspect is really what is governing the purpose of the By-Law and, with respect to the enforceability of the proposed By-Law in view of the indication in the above report that the Police Department notes that the by-law may be difficult to enforce as enforcement would require resources which are already committed to priority tasks, and whether it is the intent to reallocate Police officers who are dealing with crime rates and other priority cases to look at people who may possibly be scalping tickets at Harbour station, Mr. Totten clarified that staff is not attempting to deal specifically with the issue of scalping tickets in the above report in that staff is of the opinion that procedures to be put in place in this regard should be done by Harbour Station; and that the issue here is what happens on the sidewalk in front of Harbour Station due to a safety concern in an attempt to arrive at a situation where there is the least possible congestion. Question being taken, the motion was carried. Read a first time the by-law to amend the Sidewalk By-Law. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend 84-443 COMMON COUNCIL JANUARY 17,1994 the Sidewalk By-Law, by adding Section 13(c): "No person shall sell or offer for sale anything at the sidewalk located at Station Street", be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Sidewalk By-Law. (Councillor Chase withdrew from the meeting.) 10. Street Vendors On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager commenting on a number of revisions Council has been recently asked to consider to relevant by-laws governing street vendors (hawkers and peddlers) Uptown, as well as a number of related concerns that have been identified; advising that many of the concerns identified respecting sidewalk vendors are already covered under the Sidewalk By-Law and the Peddlers and Hawkers By-Law, although in some cases enforcement is difficult because of the transient nature of the vendors, and that a revision of the Sidewalk By-law to provide for a limited number of site-specific vendor licenses Uptown (by competitive bid) would resolve concerns of unfair economic advantage and would facilitate enforcement; and recommending that, as the proposed by-law revisions identified in this report and summarized in the submitted Schedule "A" represent a significant departure from the current practice in Saint John, Planning Department staff undertake consultation with vendors, Uptown Saint John Inc., and the Board of Trade to confirm that the proposed revisions respond to the concerns identified, and the Legal Department redraft the appropriate by-laws accordingly -- be received and filed and the recommendation adopted. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. 12. Lease of Land at Courtenay Place Consideration was given to a report from the City Manager advising that, as it has been found that the dates applied to the rental periods are reversed in Common Council resolution of December 6, 1993 concerning the lease of land in Courtenay Place, the resolution must be amended to show the correct dates. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council resolution of December 6, 1993, concerning the lease of land in Courtenay Place, be rescinded and replaced with the following:- (1) the rental for the land identified as Parcel "K-1A", Courtenay Place, presently rented to Garson Holdings Ltd., for the period February 1, 1991 to January 31, 2016, be established at a rate of $10,010 per year based on a value of $182,000 and a rate of 5 1/2% as established by the lease; and (2) the rental for the land identified as Parcel "L", Courtenay Place, for the period December 1, 1990 to November 30, 2015, be established at a rate of $9,405 per year based on a value of $171,000 per year at a rate of 5 1/2% as established by the lease. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) 13. Proposed MerQer of CP Rail and CN Rail On motion of Councillor Coughlan Seconded by Councillor Knibb 84-444 COMMON COUNCIL JANUARY 17,1994 RESOLVED that the report from the City Manager commenting on the immediate impact on employment and community service throughout the entire region as a result of the proposed merger of CP Rail and CN Rail east of Winnipeg, Manitoba and down to Chicago, Illinois; and recommending that (1) staff be authorized to participate with a steering committee, as set out in this report, to study and draft a position on the future of rail operations in New Brunswick and, specifically, the City and Port of Saint John; and (2) the draft position paper be presented for approval and adoption by Common Council -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 14. Committee of the Whole Report 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 January 10, 1994, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Landers, Trites and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, the following persons be re-appointed to the Rockwood Park Advisory Board for a one-year term effective January 1, 1994: Councillor Joseph Coughlan, Francis Hughes, J. M. McNamara, Ronald C. Watters, Raymond Richards and Donald Harvey. 2. That as recommended by the Nominating Committee, Ronald Hughes and Raymond Thompson be appointed to the Recreation and Parks Advisory Board for a term to expire August 31, 1995. 3. That as recommended by the Nominating Committee, John Correia be appointed to Venue Saint John. 4. That as recommended by the Nominating Committee, Patrick Palmer be appointed to Venue Saint John. 5. That as recommended by the Nominating Committee, Deputy Mayor Shirley McAlary be appointed to the Board of Trustees of the City of Saint John Pension Plan. January 17, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. Councillor Knibb suggested that Council deal with the above recommendations in one motion, whereupon Deputy Mayor McAlary advised that Council would consider them separately. 14(1). Appointments to Rockwood Park Advisorv Board On motion of Councillor A Vincent Seconded by Councillor Gould RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 84-445 COMMON COUNCIL JANUARY 17,1994 14(2). Appointments to Recreation and Parks Advisorv Board On motion of Councillor A Vincent Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 14(3). Appointment to Venue Saint John On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 14(4). Appointment to Venue Saint John On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 14(5). Appointment to Board of Trustees, Pension Plan On motion of Councillor A Vincent Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 15. Subdivision 102 Mount Pleasant Avenue On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council authorize the preparation and execution of an agreement pursuant to Section 101 of the Community Planning Act between the City and the owner of the proposed Carolyn Barker Subdivision at 102 Mount Pleasant Avenue, which includes the following conditions:- (a) the building setback from the lot lines abutting 95 Spring Street (NBGIC Number 22517) shall be a minimum of 7.5 metres (25 feet); and (b) prior to the development of Lot 93-2, the owner of the property shall provide an area for the storage of snow at the end of Spring Street to be developed by the owner in accordance with a detailed plan to be approved by the Chief City Engineer; and (2) money in lieu of land for public purposes be accepted pursuant to Section 22(3) of the Subdivision By-Law. Question being taken, the motion was carried. 84-446 COMMON COUNCIL JANUARY 17,1994 16. Subdivision St. Martins Road On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to one or more subdivision plans in one or more phases for Lots 93-3 and 93-4 and to any required municipal services and utility easements with regard to the Regina Jordan, Alice Jordan and Edna Miller Subdivision on St. Martins Road; and (2) Council authorize the preparation and execution of one or more subdivision agreements to ensure the provision of the required work. Question being taken, the motion was carried. 17. FCM -International Development Week On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Federation of Canadian Municipalities encouraging its members to take part in International Development Week being held February 6 to 12, 1994; submitting an information kit that includes ideas for activities that could be organized during the Week; and asking that the submitted evaluation form be completed and returned as FCM would like to be kept informed of special activities for mention in FORUM or in the International Office's next annual review -- be received and filed. Deputy Mayor McAlary, referring to the City's involvement with Roseau, Dominica under the FCM's Municipal Exchange Program, expressed the understanding that one more trip for City staff is required on this project later this year. Question being taken, the motion was carried. 18. Resolutions for Cities of New Brunswick Association On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the memorandum from Cities of New Brunswick Association, Inc. advising that the deadline for submitting resolutions to the 1994 Winter Meeting in Edmundston is Friday, February 11 -- be referred to the City Manager for possible resolutions. Question being taken, the motion was carried. 19. Minister of the Environment, Wastewater StrateQY On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from The Honourable Jane Barry, Minister of the Environment, responding to Common Council resolution of November 22, 1993, concerning the City's proposal for discussions with her Department regarding the proposed Saint John Wastewater Infrastructure Project; suggesting that the City Manager contact the Department's Director of Operations to arrange a meeting of Provincial and municipal staff to discuss the upcoming Federal announcement; and advising that she would be pleased to meet with the Deputy Mayor and/or Common Council for a similar discussion among political representatives, perhaps shortly after staff has met -- be received and filed. Question being taken, the motion was carried. 84-447 COMMON COUNCIL JANUARY 17,1994 20. Municipalities, Culture and Housing - ShoppinQ Centre Expansion On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from the Director of Land Use Planning of the Department of Municipalities, Culture and Housing, responding to Common Council resolution of September 7, 1993 requesting an amendment to the Community Planning Act relevant to shopping centre expansion; and advising that, in the event that Common Council's request is given favourable consideration and in recognition of the Government's intentions as outlined in its response to the Report of the Commission on Land Use and Rural Environment, it is likely that all potential amendments to the Act would be dealt with in a comprehensive fashion -- be received and filed and the Department be urged to move promptly on this request. Question being taken, the motion was carried. 21. Multicultural Association of Saint John re Street NaminQ On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from the Multicultural Association of Saint John complimenting the City on naming St. Patrick Street for the Irish ethnic group in Saint John; noting that there does not appear to be any recognition of the first people to inhabit this part of Canada, being the Aboriginal People, First Nation, as they now call themselves, or the black people who have been in this area since 1763; and urging Council to implement a program of recognition for First Nation and black people for future streets or other names for the City -- be referred to the City Manager and Planning Advisory Committee on the matter of possible names. Question being taken, the motion was carried. 22. Multicultural Association of Saint John re Loyalist Burial Ground On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from the Multicultural Association of Saint John requesting a copy of all communications written or otherwise concerning the erection of a memorial for the late Mr. K. C. Irving in what is known as the Loyalist Burial Grounds -- be received and filed and the Association be thanked for its letter and assured that, as soon as possible, Council will have a public statement to make on the very generous offer of the Irvings. Question being taken, the motion was carried. 23. Pat Christiansen re Business in City DealinQ in PornoQraphy On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Pat Christiansen commenting on a new business dealing in pornography along her walking route of Waterloo, Union, Charlotte and King Streets on the basis that she and many others will no longer wish to frequent the stores in this area now -- be received and 84-448 COMMON COUNCIL JANUARY 17,1994 filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk