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1994-03-28_Minutes 84-551 COMMON COUNCIL MARCH 28, 1994 At a meeting of the Common Council, held 1 at the City Hall in the City of Saint John, on Monday, the twenty-eighth day of March, AD. 1994, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites 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; S. Bedford, Commissioner of Development Services; B. Morrison, Director of Parks; D. Logan, Purchasing Agent; J. Baird, Manager- Development Division, Planning; P. Asimakos, Planner; B. Malone, Planner; D. Wilton, Police Department; G. Tait, Fire Chief; A Bodechon, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer The Mayor called the meeting to order, and Reverend Lloyd Lake, a retired Anglican Minister, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on March 21, 1994, be approved. Question being taken, the motion was carried. 3. Mayor's Remarks Mayor Higgins extended a message of sympathy to Chief of Police David Sherwood on the passing of his father, Wellington (Bill) Sherwood, on March 26 in British Columbia. The Mayor proclaimed April to be Parkinson Awareness Month and the week of April 18 to 24 as Parkinson Awareness Week; the week of April 4 to 9 as Medical Laboratory Week; and April to be New Homes Month, in the City of Saint John; commented on his attendance on March 27 at the 1 st Annual Saint John Flames banquet during which time he presented the Outstanding Volunteer of the Year Award to Mark Freer in recognition of his outstanding contribution and commitment to community service during the 1993-1994 season as a member of the Saint John Flames Hockey Club; and noted that, on April 6 at Harbour Station, the St. Joseph's Hospital Foundation Ice Charades doctors versus nurses hockey game will be held. 4. ZoninQ By-Law Amendment - ManawaQonish Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an approximate area of 2.4 hectares (6.0 acres) of land at 1180 Manawagonish Road (NBGIC Numbers 55049597, 55022859 and 55049589), as well as a portion of City land at 1230 Manawagonish Road (NBGIC Number 55022842), from "R-1A" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification, to permit the development of forty-six townhouse units on individual lots with a new street and land for public purposes, as well as adjust the zoning boundaries of the adjoining senior housing development and vacant City-owned land, as requested by Hughes Surveys & Consultants Ltd. for 84-552 COMMON COUNCIL MARCH 28, 1994 Village Estates Inc., and that written objections have been received from Joseph F. Arseneau, Allan D. Horsman and Dawn M. Horsman, and F. J. Watts, as well as letters in support of the project from Gary W. Mott, and from Darrell & Diane Clark, Wayne & Carol Connell, Doug Hapeman, Linda & Raymond Laforge and Bruce J. Stevens (copies of the last five noted letters having been distributed to Council members at this meeting). Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and eleven letters received from area residents considered by the Committee at its March 22 meeting at which the applicant expressed support for the staff recommendation and provided further information regarding the quality of the proposed subdivision and the exchange and development of the land for public purposes, and several presentations were made by area residents expressing objection to the proposed exchange for the existing land for public purposes parcel; advising that the Committee tabled the matter of the land for public purposes to allow more time for the developer and staff to discuss this issue, approved the subdivision proposal with the recommendations to be forwarded to Council if and when third reading is given for the re-zoning, and also granted the requested variances for the proposed development, including the approval of the proposed street names; and recommending that Council re-zone from "R-1A" One- Family Residential to "RM-1" Three-Storey Multiple Residential classification an approximate area of 2.4 hectares (6 acres) of land at 1180 Manawagonish Road (NBGIC Numbers 55049597, 55022859 and 55049589), subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the development to garden homes of a maximum height of one (1) storey. Mayor Higgins made the observation that Council will be considering at this meeting the proposed re-zoning of the property involving the 46 townhouses and not the land for public purposes - the parkland, the latter which is a separate item which is now under consideration by the Planning Advisory Committee and, at a future date, will be the subject of the Committee's recommendation for Council's consideration at which time Council will hear the pros and cons with reference to the land for public purposes. Councillor Rogers rose on a point of order with regard to the Mayor's comments on the matter of the land for public purposes on the basis that the developer in the application has made mention of those particular properties; and asked for a legal opinion on hearing the two items separately based on her understanding that, in view of the way it was advertised in the newspaper and notice given to the individuals in question, there would be an opportunity at this public hearing to address all of the land, whether it be for public use or for garden homes; and made the observation that, because the Planning Advisory Committee has not made a decision, in the past many times Council has held the public hearing and deferred a section of the matter but would not invite separate hearings on the land for public purposes only. Mr. Rodgers advised that Councillor Rogers' point is valid in that if the advertising for the public hearing covers both those items, the public hearing is about those two items, and the fact that the Planning Advisory Committee is not ready to make a recommendation is not something that would interfere with the public hearing set for this date but would come later, meaning to say that Council probably would not make a decision at this meeting after the public hearing. Mr. Baird explained that the public notice involves the re-zoning process from the "R-1 A" classification to the "RM-1" classification of the subject properties and, although in the reasons for the change the notice speaks of the development of 46 townhouses on individual lots with new streets, land for public purposes and adjustments to the zoning boundaries, the public hearing deals with the re-zoning process; and that the subdivision process is a separate process involving land for public purposes, streets and, in some cases, utility easements; however, there is a relationship between the subdivision process and the re-zoning. Councillor Rogers asked if the land for public purposes is part of the land being requested for re-zoning, to which Mr. Baird replied that, while there was a small portion of the existing City lands that the applicant requested be included as part of the initial process, the applicant has since removed that aspect of the re-zoning; therefore, the recommendation to re-zone does not include a recommendation to re-zone any of the City-owned land at 1230 Manawagonish Road; and he confirmed Councillor Rogers' observation that the public had received invitation to comment on the matter of the proposed re-zoning of the portion of City land. Councillor Rogers asked that, as the citizens have the democratic 84-553 COMMON COUNCIL MARCH 28, 1994 right to address both the land for public purposes and the re-zoning issues, Council entertain both of those items at this meeting and, if Council so wishes, it could defer a decision until a Planning Advisory Committee recommendation is forthcoming concerning the land for public purposes, rather than bring a whole body of individuals back again to speak on a separate issue when in their minds it is very much part and parcel of the same item. The Mayor concluded that, as the transfer of lands section of the re-zoning is now in the hands of the Planning Advisory Committee and Council will consider in a week or two the Committee's recommendation on whether or not to transfer the lands at which time Council would ask people to come in to comment on this matter, he does not want to confuse the two issues, and, in denying the point of order, proceeded with the public hearing by asking if there were persons present who wished to speak in opposition to the proposed re-zoning for the 46 townhouses. Reverend Lloyd Lake appeared in opposition to the proposed re-zoning; and advised that, as a resident of Manawagonish Road quite close to the subject property, his purpose in coming forward was to ask for a clarification of the process which, in part, has now been answered, and that, as he understands it only in part and not entirely, he will await further clarification. The Mayor asked for a ruling from the City Solicitor in view of the above comments by Reverend Lake, to which Mr. Rodgers replied that, if it can be confirmed that the newspaper advertising for this public hearing goes to the point of dealing with an issue affecting not only the re-zoning but 1230 Manawagonish Road that is touched on with respect to the park or future development of the park, then the public hearing is to deal with that; and that, if Planning staff can confirm that, then it is more than a re- zoning in that it is dealing with both items. Mr. Baird explained that the public notice deals with the City-owned land for public purposes with respect to re-zoning a portion of it, but does not deal with the issue of exchange of land for public purposes or where future land for public purposes mayor may not be, but only deals with the re-zoning of a small portion of the City-owned land which is vacant and taken as land for public purposes in 1987 and, as it is not yet developed, it might not be appropriate to call it parkland. Mr. Rodgers expressed the opinion that, based on that and the advertising that has gone out, the Mayor's announcement in the beginning was the correct announcement. With regard to the Mayor's indication that, because of the type of project involved, when the Planning Advisory Committee's ruling comes back to Council, he, as the Chairman, will insist that a public forum be held in relation to the Committee's recommendation, Mr. Rodgers made the observation that there is no requirement under the Community Planning Act to have a statutory public hearing with respect to that issue, and that his point was just to ensure that the advertisement that went out is what governs this meeting. Ms. Ellen Desmond, a lawyer with the firm of Palmer O'Connell Leger Roderick Glennie, appeared in support of the proposed re-zoning representing the families of Barbara and Douglas Anderson, Bill and Beth Dunsmore, Mrs. Rose Forestell, Malcolm and Carolyn Harris, Don and Allan Horsman, Ken and Linda Laronde, Thelma and Murray Linton, Sally and Bill McNulty, Richard Pitts and Charlene Hayes; and advised that these individuals would be very much affected by the proposed development and have been involved in this negotiation process since its initiation. Ms. Desmond noted that, with regard to one of the concerns of this group about the exchange of certain lands for public purposes and the development of a park located elsewhere, it has been acknowledged that this proposed exchange is no longer part of the application for re-zoning; and that, with regard to the group's other main concern that the proposed garden homes were to be located too close to the existing homes fronting on Scotia View Drive, advised that they have discussed this extensively with representatives of the applicant and it appears that, on this date, an agreement or understanding has been reached in that the developer now agrees to maintain a buffer zone between the rear property lines of those existing homes on Scotia View Drive and the proposed garden homes in accordance with a revised plan as prepared by Hughes Surveys and reviewed by her clients just last night at a meeting. Ms. Desmond also advised that her clients are willing to support the application if the following conditions are met:- (1) that the developer and the City agree to make a buffer zone a condition to be incorporated into an agreement pursuant to Section 39 of the Community Planning Act; and (2) that the layout of the garden homes should be as generally indicated on the revised plan and also incorporated into a Section 39 agreement; and that they have drafted the wording for the conditions that they would like to see in such an agreement. 84-554 COMMON COUNCIL MARCH 28, 1994 Mr. Rick Turner of Hughes Surveys & Consultants Ltd. appeared in support of the proposed re-zoning; noted his Company's work on the site planning for the project with Village Estates and Moore Homes, as well as the applicant's agreement with the recommendations put forth by the Planning Advisory Committee, including the Section 39 conditions; and commented on the quality and density of the proposed development, as well as the anticipated selling price per unit. Mr. Turner, addressing Ms. Desmond's reference to adjustments with regard to the buffer strip, advised that the applicant has increased the setbacks quite substantially and will include in it, which will be part of the trustee lands, a landscaped area which will be hydroseeded and, once matured, will be maintained by the unit holders at their expense; and that, as the buffer strip is an additional condition to the Section 39, the residents have reviewed a copy of the plan showing it, and that it will be an area where there will be no structures, no parking areas or driveways, but basically a landscaped area and, while some of the backyards of the unit proposed will fall in this, there will be no structures in the small courtyards behind each unit. Mr. Turner also advised that the applicant has committed to a layout for the units which hopefully, if incorporated in the Section 39, would include words "generally as shown" so as to allow some flexibility in the event a unit has to be moved slightly in order to make setbacks fit, or that the layout could be left in accordance with a plan approved by the Development Officer; and, having read from a letter (copies of which he distributed to Council members at this time) from the Canadian Home Builders' Association to a number of parties, including M. Wayne Moore Building Contractor Inc. of Saint John, regarding the expression of interest for the CHBA/Canada Trust Environmental Homes Initiative, concluded that the applicant would like to at least know where the proposed project is going in order to follow up on this Initiative. In response to Council queries, Mr. Turner advised that the wording drafted for the conditions requested by the residents is to the effect that (1) the applicant develop a buffer zone between the townhouses and the rear line of the lots fronting on Scotia View Drive, such buffer zone to be located in the area indicated on the attached plan; (2) no townhouses, roads or parking areas be located on the buffer zone; and (3) the townhouses be located generally as shown on the attached plan; and that he sees no problem with the draft conditions although it should be specified that the buffer zone is part of the trustee lands and is to be maintained by them, because that is the intent and, as it is not the intent for the adjacent property owners to maintain it, it would be best to clarify that; and that he has no problem with condition (3) provided there is flexibility for minor adjustments to the layout submitted in order to comply with the setback regulations between buildings; and he commented on the manner in which the development would proceed, if the re-zoning is approved. 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 an approximate area of 2.4 hectares (6 acres) of land at 1180 Manawagonish Road (NBGIC Numbers 55049597, 55022859 and 55049589), from "R-1A" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximate area of 2.4 hectares (6 acres) of land at 1180 Manawagonish Road (NBGIC Numbers 55049597, 55022859 and 55049589), from "R-1A" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act, be read a second time. 84-555 COMMON COUNCIL MARCH 28, 1994 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 Coughlan RESOLVED that the correspondence regarding the above matter be received and filed. Question being taken, the motion was carried. The Mayor called a one-minute recess, following which the Council meeting resumed. 5. Municipal Plan Amendment & Re-ZoninQ - 661 Dever Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 661 Dever Road (NBGIC Number 55099170), containing a lot area of approximately 1.1 hectares (2.6 acres), located on the south side of Dever Road between the Lancaster Arena and the St. Rose Parish senior citizens' apartment complex, from Open Space to District Centre Commercial classification, to permit the re-zoning of the property from "P" Park to "B-2" General Business classification for the development of a medical/professional office building, as requested by Dr. Sean A. Keyes. 6. Municipal Plan Amendment & Re-ZoninQ - 154 Germain Street West Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, the former Shell Canada depot, including the City-owned lands previously leased to Shell Canada, located at 154 Germain Street West (NBGIC Numbers 368100 and 366203), with frontage on Germain Street West, Watson Street and Suffolk Street, from Low Density Residential to Light Industrial classification, to place the property in a Municipal Plan designation which reflects its current use and permit the re-zoning of the property from "1-2" Heavy Industrial to "1-1" Light Industrial classification, as requested by Mega Enterprises Inc. * Added Item On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the correspondence from C.O.I.L. (Housing) Inc. (copies of which were forwarded to Council members as an information item), concerning the Handi-Bus service, be added to the agenda for consideration at this meeting as item 24A. Question being taken, the motion was carried. The Mayor asked that persons making presentations at this meeting take no longer than fifteen minutes to be followed by Council queries, if any, with Council to take the matters under advisement for either reference or action later in the meeting. 7. Anti-PornoQraphy Coalition Heather DeBouver and Sherry Golding addressed Council on behalf of the Anti-Pornography Coalition, the intent of their presentation to be to clearly communicate the Coalition's mandate, the facts about the harm that pornography causes, control measures other communities are taking, the vast availability of pornography in this City and why Saint John must take a leadership position by enacting a by-law; and, reading from a previously-submitted brief, expressed the opinion that Common Council has the lawful right, as well as the responsibility, to move 84-556 COMMON COUNCIL MARCH 28, 1994 all adult sex business away from schools and residential areas of the City. Ms. Golding responded to a Council query relevant to attempts by students to visit such stores, and noted that copies of by-laws from Hamilton and Burlington were submitted with their brief. The Mayor thanked Mmes. DeBouver and Golding for their presentation. 8. Saint John Safe City Committee Cynthia Boyd, Chairperson of the Saint John Safe City Committee, spoke on behalf of the Committee which she noted came from the Goals For Saint John process, and, referring to a previously-submitted Saint John Safety Audit Report, "Community Safety: Everyone's Business" apprised Council, through a slide presentation, of the results of the Safety Audit and the issues addressed in the Action Plan. Ms. Boyd advised that the purpose of this presentation is to ask Council's support and acknowledgement of the work that has been done by the Saint John Community by endorsing the Action Plan as many of the actions, while not requiring financial contributions, will require the continued cooperation of a number of City departments in this public/private partnership. During discussion Ms. Boyd advised that many of the recommendations in the Safety Audit have been implemented or the various departments are aware of the recommendations and already looking to see what changes they can make, and that the Safe City Committee has been asked to address the National Safety Conference to be held in Saint John in conjunction with the New Brunswick Safety Council; and also advised that the Safety Audit could be considered as phase one, with the Safe City Committee to exist in some form to see the recommendations carried through. The Mayor thanked Ms. Boyd for her presentation. 9. Marv Gamblin - Ambulance Service Mary Gamblin of 141 Willie Avenue addressed Council on the matter of ambulance service and the 911 system in the City based on her experience involving her husband, the late Fred Gamblin, who had suffered heart attacks on January 28 and February 7, 1994; suggested that ambulances should be stationed in the City's fire stations, which are strategically located; and expressed the opinion that, although she understands that ambulance service is the responsibility of the Province, Common Council has a duty to the taxpayers of Saint John to ensure that the service of ambulance coverage is provided equitably to all its citizens. Mrs. Gamblin expressed the view that Common Council should put pressure on the Provincial Government to see that the City gets this service; and Deputy Mayor McAlary advised that, earlier this date, Council discussed putting the matter of ambulance service on the agenda for a meeting with the local MLAs. The Mayor thanked Mrs. Gamblin for her comments. 10. Fred HodQes - Elimination of Racism Dr. Fred Hodges appeared before Council to speak on the United Nations View on the elimination of racism and his own views as a victim of the actions on many occasions; and, having read a definition of racism, commented on the monument placing of the Second Construction Battalion, which is the only black Battalion ever comprised in Canada, as well as on his family's history, displaying photographs and books. Dr. Hodges asked where the City stands in helping to get rid of the problem of racism, and noted the previous request to Council to name streets and parks after minorities, such as was done for the Irish in the re-naming of Dock Street. Dr. Hodges, referencing the matter of the proposed placement of a monument in the Loyalist Burial Ground, advised that, from looking at the information, he does not see anything there to indicate that the Irvings have made any request or commitment; and suggested that, if Council decides to put a monument there, a monument should be placed for those who are buried there. The Mayor thanked Dr. Hodges for his comments; and during discussion Councillor Coughlan advised that he is looking forward to serving with Dr. Hodges on the newly-formed Race Relations Committee, and Councillor Chase noted the 84-557 COMMON COUNCIL MARCH 28, 1994 forthcoming Polongo Days. 11. Bald Hill Concerned Citizens Group - Pits & Quarries Mr. Gordon White of 165 Balmoral Crescent, spokesman for the Bald Hill Concerned Citizens Group, was present at the meeting to address Council on the matter of pits and quarries. The Mayor advised Mr. White that he must keep his remarks in a very general generic way rather than make any specific reference to any particular pit or quarry or anything that might be directly involved in any type of future presentation to Council, and Mr. White expressed his understanding in this regard. Mr. White addressed Council as a representative of the Committee to Preserve Bald Hill which consists of citizens from the Milford, Randolph, Greendale, Quinton Heights, South Bay, Acamac and other Saint John communities; and, reading from a prepared brief, advised that the Committee's goal at this meeting was to discuss the quarrying problem within the City of Saint John and to request remedial action in that the Committee considers quarries within City limits to be a burden on residents and detrimental to their quality of life. Mr. White quoted from the Goals For Saint John", Premier McKenna's recent "State of the Province Address", and "A View Of The City" report prepared in 1990; and referenced a letter to Council in 1992 from the Citizens Study Committee, Pits and Quarries Strategy, requesting a moratorium on the establishment of new pit and quarry operations within the boundaries of the City of Saint John until policies and regulations are in place, as well as the City's response in this regard. Mr. White expressed the view that the City does not need any more pits and quarries, but it does need up to date regulations, and that pits and quarries do not belong in cities, especially in cherished neighbourhoods; and commented on the practice in Fredericton, Nova Scotia and Quebec with regard to pits and quarries. Mr. White requested (1) a moratorium on all new and proposed pits and quarries within the City of Saint John boundaries until the Gravel Pits and Quarries Aggregate Resource Strategy is implemented; and, with regard to his second request that Council order a Provincially-recognized environmental impact assessment for the proposed quarry at Bald Hill, apologized for referencing a specific purpose or specific site upon the Mayor's reminder that he had asked him not to do so. The Mayor thanked Mr. White for his presentation and, at his request, Mr. White filed a copy of his brief with the Common Clerk; and Mr. Totten advised that it is staff's intention to bring forth the pits and quarries document to Council next week. 12. Schedule of Council MeetinQs Read a letter from Mayor Higgins submitting for Council's consideration a schedule of Council meetings for the ensuing months which proposes a schedule of bi- weekly meetings for June, July and August and also, in view of the opening of the Imperial Theatre on May 24 and the long-service awards dinner for City employees on May 25, no meeting of Council that week; and noting that, should Council approve the suggested meeting schedule, the first meeting in the month of September would be held on Tuesday, September 6 at 7:00 p.m., with meetings thereafter to revert to the normal schedule of alternate 4:00 p.m. and 7:00 p.m. meetings. On motion of Councillor Chase Seconded by Councillor M. Vincent RESOLVED that Council adopt the schedule of Council meetings as proposed in the above letter from the Mayor. Councillor Knibb noted that the submitted schedule should be corrected to indicate a September 12 meeting, rather than a September 13 meeting. Question being taken, the motion was carried. 13. Council Members' Attendance at FCM Annual Conference Read a letter from Mayor Higgins noting that, under Council's Salary By- 84-558 COMMON COUNCIL MARCH 28, 1994 Law, a motion of Council is required to authorize payment of the per diem rate to Council members attending the annual conference of the Federation of Canada Municipalities which, this year, will be held in Winnipeg, Manitoba from June 5 to June 8; and advising that he anticipates attending the conference this year and that Councillors Coughlan, Landers and Rogers have indicated that they will also be attending. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that authority be granted to pay the per diem rate under Council's Salary By-Law to Mayor Higgins and Councillors Coughlan, Landers and Rogers who will be attending the 1994 annual conference of the Federation of Canadian Municipalities in Winnipeg, Manitoba, from June 5 to June 8. Question being taken, the motion was carried. 14. Proposal For Automated ParkinQ Ticket Control System On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the proposal of Radix Micro Devices Corporation be accepted for the supply of an Automated Parking Ticket Control System, and that the City exercise its option to join this project with the Water Meter Reader Project to realize additional economies. Councillor Landers advised her intention to oppose the above motion on the basis that she does not think that the City should necessarily be totally automated. Question being taken, the motion was carried with Councillor Landers voting "nay". 15.TenderForFou~DoorSedans On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the tender of Centennial Pontiac Buick GMC, in the amount of $17,599, per each car, (plus taxes), be accepted for the supply of two intermediate size, four-door sedans for the City of Saint John Fire Department. Chief Tait advised that one vehicle for his use will be red in colour, while the other vehicle will be unmarked and of another colour for use by the Arson Investigator. Question being taken, the motion was carried. 16. Invoice For Christmas Decorative LiQhtinQ On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the submitted invoice of The Power Commission of the City of Saint John, in the amount of $19,009.31, for the 1993 Christmas decorative lighting. Question being taken, the motion was carried. 84-559 COMMON COUNCIL MARCH 28, 1994 17. Rockwood Park Fees and CharQes On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the 1994 fees and charges outlined in the submitted Appendix "A" be accepted for the Rockwood Park Municipal Golf Course and the Aquatic Driving Range. Councillor M. Vincent spoke in opposition to the above motion in that it appears that adults, whom he assumes would be working people, will get the biggest cut on the 1994 membership fee, while seniors who probably have fixed incomes get a drastically reduced fee, students who probably have basically no income if attending school or university only get a $3 reduction, and juniors will get an increase; and Mr. Morrison explained how the fees were arrived at in that, basically, the fee increases and decreases reflect what the City has been able to sell or not sell over the past years. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". 18. Grant Increase For Human Development Council The Mayor called for a motion to withdraw from the agenda of this meeting the City Manager's report on a proposed grant increase for the Human Development Council and to request the City Manager to submit another report in this regard at the next meeting. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the City Manager's report on a proposed grant increase for the Human Development Council be withdrawn from the agenda of this meeting, and the City Manager be requested to submit another report in this regard at the next meeting. Question being taken, the motion was carried. 19. Street Vendor Sites and Metered Vehicle Sites Read a report from the City Manager advising that, subsequent to Council's request at the last meeting for a third metered parking site to be identified Uptown, an additional metered site is possible on Prince William Street between Duke and Princess Streets and, as a result of media coverage, three other sites (not metered parking) have been suggested by vendors, including an additional sidewalk site at the corner of King and Charlotte Streets, at Ben Lomond corner (intersection of Loch Lomond and St. Martins Roads), and at Loch Lomond Road adjacent to the Little River Reservoir Park, all of which are capable of satisfying the locational criteria previously identified, and that the Parking Commission has offered use of the Water Street parking lot (adjacent the Coast Guard site) to Mr. Kehoe as a location for a chip wagon, to be available only after scheduled operating hours of the parking lot; and recommending that the fifteen vendor sites and three metered sites identified on the submitted maps be offered at public auction. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the fifteen vendor sites and three metered sites identified on the submitted maps be offered at public auction. 84-560 COMMON COUNCIL MARCH 28, 1994 (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. Mrs. Munford advised that Council's consideration is also requested of a proposed Parking By-Law amendment for the additional metered site. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the by-law to amend the Parking Meter By-Law, with regard to street vendors, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Parking Meter By-Law. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the by-law to amend the Parking Meter By-Law, with regard to street vendors, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Parking Meter By-Law. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that an emergency be declared to exist and the above By-Law be given three readings at this meeting. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", 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 Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", was read in its entirety. Question being taken, the motion was carried. 20. Peddlers and Hawkers By-Law Amendment On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that the by-law entitled, "By- Law Number M-111-3 A By-Law To Amend A By-Law Respecting Peddlers and Hawkers In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number M-111-3 A By-Law To Amend A By-Law Respecting Peddlers and Hawkers In The City Of Saint John", was read in its entirety. 84-561 COMMON COUNCIL MARCH 28, 1994 Question being taken, the motion was carried. 21. Sidewalk Bv-Law Amendment On motion of Councillor Rogers Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Use Of Sidewalks Within The City Of Saint John", with regard to street vendors, 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 Respecting The Use Of Sidewalks Within The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 22. ParkinQ Meter Bv-Law Amendment On motion of Councillor Rogers Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", be read a third time and enacted and the Corporate Common Seal be affixed thereto. (Councillor Chase withdrew from the meeting.) The by-law entitled, "A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", was read in its entirety. Question being taken, the motion was carried. (Councillors Chase and M. Vincent re-entered the meeting.) 23. Subdivision 320 Sproule Road On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the Planning Advisory Committee, (1) Council assent to the submitted subdivision plan of Lots 94-1 to 94-4, as well as to any required municipal services and utility easements with regard to 320 Sproule Road; (2) Council assent to the proposed turnaround that will be included into the public right-of-way of Sproule Road; (3) Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure the provision of the required work and facilities; (4) Council accept the proposed land for public purposes for the proposed subdivision. Question being taken, the motion was carried. 24. Saint John Transit Commission - Annual Report On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the 1993 Annual Report of the Saint John Transit Commission be received and filed with appreciation. 84-562 COMMON COUNCIL MARCH 28, 1994 Question being taken, the motion was carried. *24A. C.O.I.L. (HousinQ) Inc. - Handi-Bus On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the information from C.O.I.L. (Housing) Inc. advising that it is a voluntary, non-profit incorporated company providing a residential service for physically and/or mentally challenged individuals in the greater Saint John area; and commenting on Handi-Bus which started operation under the umbrella of C.O.I.L. (Housing) Inc. as of January 1, 1994 -- be received and filed. Question being taken, the motion was carried. 25. Bald Hill Concerned Citizens Group J.D. Irving Application For Municipal Plan Amendment & Re-ZoninQ. Property Off Gifford Road On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from Bald Hill Concerned Citizens Group referring to J. D. Irving Ltd.'s application for a Municipal Plan amendment and re-zoning of property off Gifford Road; and explaining why in the Group's view the re-submission of the application and public notice is required -- be referred to the City Solicitor. Question being taken, the motion was carried. 26. Hospitality Saint John The Marco Polo Proiect On motion of Deputy Mayor McAlary Seconded by Councillor Rogers RESOLVED that the letter from Hospitality Saint John Inc. endorsing The Marco Polo Project -- be received and filed and Hospitality Saint John Inc. be thanked for its letter, and that the matter be referred to the City Manager. Councillor Knibb, in noting ways in which The Marco Polo Project has attempted to enhance the visibility of a project which will help not only Saint John but the whole Province, suggested that Council at this point should, in principle, endorse the Project and urge that other levels of government join the City in bringing it to reality in the form of an actual replica of the Marco Polo as soon as possible; and during discussion Councillor Landers suggested that the manner in which the City could support the Project, whether it be services in kind, should be referred to the City Manager, and the mover and the seconder of the above motion concurred to add this referral to it; and Mr. Totten suggested that Council should request The Marco Polo Project to appear before Council with its request so that Council will be aware of what is being asked of the City, following which staff could report to Council on the matter. Question being taken, the motion was carried. 27. John Roberts - Pet Stores On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that the letter from John 84-563 COMMON COUNCIL MARCH 28, 1994 Roberts submitting a copy of a recent newspaper article on pet stores in Saint John; and suggesting that a by-law is needed to protect animals from people who sell animals at retail outlets for enormous profits -- be referred to the City Solicitor and the City Manager to update Council in this regard. Question being taken, the motion was carried. 28. Saint John PeeWee AAA Hockey Team Request For City To Place Ad On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Graeme E. Scaplen requesting, on behalf of the Saint John PeeWee AAA Hockey Team, that the City take a full page promotional-welcome advertisement at a cost of $200 in the program for the Marine Atlantic PeeWee AAA and Atom A Tournament to be held in Saint John in April -- be received and filed and the City take a full page advertisement at a cost of $200. Question being taken, the motion was carried. 29. Stephen Chase, School Trustee District No.8 - Recent DOQ Attack On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from Stephen Chase, a Trustee of School District No.8, regarding an incident on March 28 in which a dog attacked a seven-year old boy; and requesting that the City consider the pitbull breed of dog a restricted pet and, in doing so, allowing a strict enforcement on the control of this type of pet -- be referred to the City Manager. Question being taken, the motion was carried. 30. TOPS - Request For City Tokens On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from Lynn Steeves, a TOPS (Take Off Pounds Sensibly) member, asking if it is possible to receive 40 tokens from the City for a program called "Walk Around The Picture Province", a major fitness program initiated by TOPS -- be referred to the City Manager. Question being taken, the motion was carried. Mayor Higgins called for motions on the presentations under items 7, 8, 9, 10 and 11 earlier in this meeting. 7. Anti-PornoQraphv Coalition Councillor Knibb proposed a motion, which he subsequently withdrew, to refer the Anti-Pornography Coalition's presentation to the City Solicitor. Deputy Mayor McAlary advised that, although Council is dealing with this matter through the Cities of New Brunswick Association, she would like the City Solicitor's input on whether or not the City can have its own by-law without going through the Municipalities Act; and explained that the only problem she has with going to the Association is that the Cities in the Province are all different and do not feel the same about this issue as Saint John citizens do and therefore the City will not be able to get an agreement with all Cities in New Brunswick to have a by-law; and also that the by-law she would like to see in place would give the City control of where sex video outlets are located and the number that would be permitted in the City. Mr. Rodgers advised that, in the area of getting the Municipalities Act amended, Council can go one of two ways in that Council can ask the Cities of New Brunswick Association for its views or go directly to the appropriate 84-564 COMMON COUNCIL MARCH 28, 1994 Minister in the Provincial Government with the request; and suggested that, if Council wants to go to the Province directly, the appropriate resolution would be to refer his report which Council received at its March 21 meeting, and the above submission by the Anti-Pornography Coalition directly to the Minister requesting that the Municipalities Act be amended accordingly, so that the Minister and staff can have the correspondence received by Council on which to comment back to the City; and explained that there is enough in this material that, if it is forwarded to the Minister requesting that the Municipalities Act be amended, certainly points out to the Minister what Council is requesting and then the general enabling legislation would allow the municipalities that choose to have a by-law to draft a by-law dealing with what is appropriate for the local area with respect to distances and so on as this would not be required in the general legislation. On motion of Deputy Mayor McAlary Seconded by Councillor Chase RESOLVED that the presentation by the Anti-Pornography Coalition on the issue of pornography and a copy of the City Solicitor's report to Council on March 21, 1994 dealing with the matter of a by-law to restrict the sale and rental of x-rated pornographic videos and magazines in the City be forwarded to the Minister of Municipalities, Culture and Housing with the request that the Province of New Brunswick amend the Municipalities Act to allow municipalities to pass a by-law dealing with pornography. Councillor Trites suggested that, prior to requesting the Province to amend the Municipalities Act to provide the enabling legislation, Council first should decide whether or not it would enact such a by-law; and also that, as the Cities of New Brunswick Association meets in May, a request to the Province at this time will not see any activity for several months because the time frame in drawing up amendments to any Provincial statute is lengthy and it would be unlikely that Council would get number one priority if there are other major issues on the Government's agenda; therefore, if the request was first taken to the Association by resolution and the request then sent to the Minister by the Association that enabling legislation be passed, there would then be six cities making the request which should result in quicker action by the Province. Councillor Coughlan, a member of the Executive Committee of the Cities of New Brunswick Association, advised that he broached this matter briefly with the Committee last week and there is some interest and concern around the Province, and asked that this matter be tabled at this time as there are approaches being taken in other municipalities that should be discussed collectively, and this can be done as early as next month; and he indicated his intention to move a tabling motion when the chair would allow; and the lengthy process of going through the Cities of New Brunswick Association was noted by the Deputy Mayor and Councillor Gould. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that the above matter be laid on the table until after the May 1994 meeting of Cities of New Brunswick Association Inc. Question being taken, the tabling motion was carried with Councillors Chase, Gould, McAlary and M. Vincent voting "nay". 8. Saint John Safe City Committee On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that the presentation by the Safe City Committee with regard to the Safety Audit and Action Plan be referred to the City Manager. Question being taken, the motion was carried. 9. Marv Gamblin 84-565 COMMON COUNCIL MARCH 28, 1994 On motion of Deputy Mayor McAlary Seconded by Councillor Landers RESOLVED that the presentation by Mrs. Mary Gamblin on ambulance service in the City be a matter of discussion at the next meeting with the local MLAs and that a copy of the presentation be forwarded to the Region 2 Hospital Board. The mover and seconder of the motion agreed to add that a copy of the presentation be forwarded to the local hospital ambulance officials so they will be apprised of how people are thinking as suggested by Councillor Gould. Question being taken, the motion was carried. 10. Fred HodQes On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the presentation by Dr. Fred Hodges on the elimination of racism be received and filed and Dr. Hodges be thanked of his presentation. Question being taken, the motion was carried. 11. Bald Hill Concerned Citizens Group Councillor Rogers proposed a motion, which was not seconded, that the residents receive a draft copy of the Pits and Quarry Strategy based on her understanding that the draft copy is available now or will be on Friday. Mr. Totten advised that he has received a draft copy of the Strategy and it has been circulated to some of the participants and those who have contributed to the Strategy and that this would become part of the Council agenda next week with appropriate staff recommendations; and Mr. Bedford commented on those involved in drafting the proposed Strategy. Deputy Mayor McAlary suggested that the Group could have a copy of the Strategy when Council receives it, and Councillor M. Vincent concurred that Council should first receive the Strategy. (Councillor Knibb withdrew from the meeting.) On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that the presentation by the Bald Hill Concerned Citizens Group concerning pits and quarry activity be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk