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1994-04-25_Minutes 84-607 COMMON COUNCIL APRIL 25,1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fifth day of April, AD. 1993, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Landers, Knibb, McAlary, Rogers, Trites, M. Vincent and A 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; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; W. Todd, Director of Housing and Property Management; J. Brownell, Director of Recreation; B. Fillmore, Assistant Deputy Chief of Police; G. Tait, Fire Chief; D. Logan, Purchasing Agent; B. Steeves, Deputy Building Inspector; J. Baird, Manager- Development Division, Planning; B. Malone, Planner; J. Ferguson, Recreation Supervisor; Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary. 1. Call To Order - OpeninQ Prayer The Mayor called the meeting to order, and Reverend David Jamer of Saint John Alliance Church offered the opening prayer. * Added Item On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that an item considered earlier in Committee of the Whole regarding the removal/demolition of the former VIA station be added to the agenda for consideration at this meeting as item 7 A Question being taken, the motion was carried. 2. Approval of Minutes On motion of Deputy Mayor McAlary Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on April 18, 1994, be approved. Question being taken, the motion was carried. 3. Mayor's Remarks Mayor Higgins noted that the press conference held just prior to the meeting announced the relocation of the New Brunswick Museum to Market Square; expressed condolences to John McCarthy (firefighter) and his wife on the death of their son, Brendon; expressed condolences to the family of the late James Harold (Hal) Sample who passed away on April 22; proclaimed the week of week of April 27 to May 1,21994 as Kids Sense Week in the City of Saint John; made a presentation to the Lancaster Kiwanis Club, which was accepted by Frank Atherton, President of the Club, on behalf of the City to express its appreciation and recognize their contributions in cost- sharing in the development of recreation facilities at Beaconsfield Park, Seawood Ballfield and Playground and Barnhill Playground in an amount in excess of $100,000.00. Deputy Mayor McAlary noted that on April 24 the First United Pentecostal Church paid tribute to Inspector James Fudge for his outstanding work for 31 years in 84-608 COMMON COUNCIL APRIL 25,1994 the Police Department and his outstanding commitment to the community, particularly with his work in promoting drug awareness with the youth, and that the church service also paid tribute to all of the City's Police Officers for their efforts in protecting citizens of the city. Councillor Chase recognized the contribution and twenty-five year anniversary of service by Dr. Philip Lee of St. John and St. Stephen Presbyterian Church. Councillor Rogers expressed appreciation to the Lancaster Kiwanis Club on behalf of the residents, particularly the young people, who live in the areas for their contributions to the western part of the City. Councillor Coughlan commended the Mayor for hosting many of the visiting military attaches from Ottawa and Washington; noting that they were pleased by the warmth and hospitality of this community. 4. Municipal Plan Amendment & Re-Zoning, intersection of ManawaQonish Road and WestQate Drive The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at the intersection of Manawagonish Road and Westgate Drive, having a lot area of approximately 9 acres (NBGIC Numbers 469700 and 55098222) from District Centre Commercial to Low Density Residential classification; (b) the proposed re-zoning of the same land from "B- 2" General Business classification to "R-1A" One-Family Residential classification; and (c) the proposed re-zoning of an approximately 600-square metre portion of NBGIC Number 21949, from "P" Park to "R-1 B" One-Family Residential classification, to place the subject lands into zones that accurately reflect the intended use of the area for the development of one-family dwellings, as requested by Hughes Surveys & Consultants Ltd. for 051833 N.B. Ltd., and that not written objections were received in this regard. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's April 19 meeting at which Mr. Richard Turner of Hughes Surveys and Consultants Limited was present and expressed support for the staff recommendation and indicated that the recommended future street access proposed by staff may be economically feasible or required in developing the adjoining vacant property, and that a request from a future developer of the adjoining property may be forthcoming not to develop this recommended street; and advising that no presentations were made in opposition to the application; and recommending that Common Council (1) amend the Municipal Development Plan by redesignating on Schedule 2-A, from District Centre Commercial to Low Density Residential classification, an approximate 9 acres of land located at the corner of Manawagonish Road and Westgate Drive (NBGIC Number 469700 which has been further subdivided into NBGIC Numbers 55096382,55096375, 55096366,55096390,55096408 and 55096416) and NBGIC Number 55098222; (2) re- zone the same 9 acres of land from "B-2" General Business to "R-1A" and "R-1 B" One- Family Residential classification; and (3) re-zone an approximate 600-square metre (6,459-square foot) parcel of land abutting Westgate Drive (NBGIC Number 21949), from "P" Park to "R-1 B" One-Family Residential classification. Mr. Turner of Hughes Surveys and Consultants Limited, appeared in support of the proposed amendments and advised that the owner is in agreement with the staff recommendations, but did have some reservations about item four of the recommendation which is an inclusion of a condition of a future street access to an adjoining property and that his client's reservation is related as to whether the access is necessary, they are not objecting to it, but once there is an opportunity to review it, they may come back to ask for a revision. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at the intersection of Manawagonish Road and Westgate Drive, having an area of approximately 9 acres, (NBGIC Number 84-609 COMMON COUNCIL APRIL 25,1994 469700 which has been further subdivided into NBGIC Numbers 55096382,55096374, 55096336,55096390,55096408, and 55096416) and (NBGIC Number 55098222), from District Centre Commercial to Low Density Residential classification, be read a first time. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at the intersection of Manawagonish Road and Westgate Drive, having an area of approximately 9 acres, (NBGIC Number 469700 which has been further subdivided into NBGIC Numbers 55096382,55096374, 55096336,55096390,55096408, and 55096416) and (NBGIC Number 55098222), from District Centre Commercial to Low Density Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns (1) re-zoning a parcel of land located at the intersection of Manawagonish Road and Westgate Drive, having an area of approximately 9 acres, (NBGIC Number 469700 which has been further subdivided into NBGIC Numbers 55096382,55096374,55096336,55096390, 55096408, and 55096416) and (NBGIC Number 55098222), from District Centre Commercial to Low Density Residential classification, and (2) re-zoning an approximately 600 square metre (6,459 square foot) parcel of land abutting Westgate Drive (NBGIC Number 21949), from "P" Park to "R-1 B" One-Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns (1) re-zoning a parcel of land located at the intersection of Manawagonish Road and Westgate Drive, having an area of approximately 9 acres, (NBGIC Number 469700 which has been further subdivided into NBGIC Numbers 55096382,55096374,55096336,55096390, 55096408, and 55096416) and (NBGIC Number 55098222), from District Centre Commercial to Low Density Residential classification, and (2) re-zoning an approximately 600 square metre (6,459 square foot) parcel of land abutting Westgate Drive (NBGIC Number 21949), from "P" Park to "R-1 B" One-Family Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above report from the Planning Advisory Committee be received and filed. 84-610 COMMON COUNCIL APRIL 25,1994 Question being taken, the motion was carried. 5. Municipal Plan Amendment & Re-Zoning Acorn Place. WestQate Park Subdivision The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 12 acres of land at Acorn Place, Westgate Park Subdivision, (NBGIC Numbers 37911,37192,55090708 and portions of NBGIC Numbers 37937 and 55049365), from "RM-2" High Rise Multiple Residential, "P" Park and "RS-2" One- and Two-Family Suburban Residential to "RM-1" Three-Storey Multiple Residential classification, and also re-zoning a portion of NBGIC Number 37929 from "B-1" Local Business to "P" Park classification, to permit the development of approximately sixty (60) residential lots and a small convenience store within the existing "B-1" Local Business zone at the corner of Downsview Drive and Pipeline Road, as requested by Ellerdale Investments Ltd., and that a written objection has been received from Kelly Askeland. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's meeting of April 19, at which Mr. John Rocca of Ellerdale Investments Limited was present and expressed general support for the recommended section 39 condition that would prohibit the development of any apartment buildings; advising that two presentations were made by area residents in support of the re-zoning and development of one and two-family dwellings, however, expressed concerns over the potential future development of townhouses; that one letter was received which addressed the lack of a permanent secondary access for Westgate Park and the need for the subdivision to remain residential without the need for a convenience store; that the applicant offered to address the resident's concerns in a section 101 agreement, such agreement to also allow the developer to provide work within the proposed Land for Public Purposes (L.P.P.) area; and recommending that Common Council (1) re-zone an approximate 12 acres of land (NBGIC Numbers 37911,37192,55090708, as well as portions of 37937 and 55049365) from "RM-2" High Rise Multiple Residential, "P" Park and "RS-2" One- and Two-Family Suburban Residential to "RM-1" Three Storey Multiple Residential classification, subject to a resolution pursuant to section 39 of the Community Planning Act that would prohibit the development of any apartment buildings; (2) also re-zone a portion of NBGIC Number 37929, from "B-1" Local Business to "P" Park classification should the requested land exchange be approved; and (3) consider the feasibility of using the Pipeline Road s the primary access for construction vehicles and equipment for the proposed development. Mr. John Rocca. Vice President of Ellerdale Investments Ltd., appeared in support of the proposed re-zoning, and advised that he is in agreement with the recommendations of staff and the Planning Advisory Committee. On motion of Councillor Rogers 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 approximately 12 acres of land at Acorn Place, Westgate Park Subdivision, (NBGIC Numbers 37911,37192,55090708, as well as portions of NBGIC Numbers 37937 and 55049365), from "RM-2" High Rise Multiple Residential, "P" Park, and "RS-2" One- and Two-Family Suburban Residential to "RM-1" Three-Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, and (2) re-zoning a portion of NBGIC Number 37929 from "B-1" Local Business to "P" Park classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Rogers 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 84-611 COMMON COUNCIL APRIL 25,1994 approximately 12 acres of land at Acorn Place, Westgate Park Subdivision, (NBGIC Numbers 37911,37192,55090708, as well as portions of NBGIC Numbers 37937 and 55049365), from "RM-2" High Rise Multiple Residential, "P" Park, and "RS-2" One- and Two-Family Suburban Residential to "RM-1" Three-Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, and (2) re-zoning a portion of NBGIC Number 37929 from "B-1" Local Business to "P" Park classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. 7. Letter from Deputy Mayor McAlarv re skateboards on public streets Read a letter from Deputy Mayor McAlary advising that she had received several complaints from citizens on the use of skateboards on sidewalks, the Loyalist Plaza and the Boardwalk area near the Hilton Hotel; that she has brought this issue forward in the past and has been advised that the Police Department is not able to restrict the use of skateboards on public property because the City does not have a by- law; and requesting the City Solicitor to determine the possibility of adopting a by-law to prohibit the use of skateboards on public streets and public property. On motion of Deputy Mayor McAlary Seconded by Councillor Gould RESOLVED that the above letter be referred to the City Solicitor and the City Manager for a report. Councillor Knibb advised he is sympathetic to Deputy Mayor's concern about the safety of the citizens, and suggested that the best route to take would be to encourage those who have the responsibility of young people to remind them of their obligation when they are having fun to be careful of the wellbeing of others. Responding to a query as to whether there is an existing by-law regulating skateboards, Mr. Rodgers replied that a by-law was enacted in 1965 and prohibits the use of skateboards on public streets and sidewalks, with a fine of $5.00; and suggesting that the Municipalities Act now allows Council to have fines to $200.00 and Council may want to look at that aspect. Responding to a query as to the arenas that were previously being used for skateboards, Mr. Totten advised that both Stu Hurley and Charles Gorman arenas had ramps, but the facility was not used and subsequently the service was not offered. Question being taken, the motion was carried with Councillors Landers, Knibb and A. Vincent voting "nay". 7 A Tender - removal/demolition of former VIA station On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the tender of Paul's Trucking & Demolition, in the amount of $1,872.50, be accepted for the demolition of the Old VIA Station. (Councillor Trites entered the meeting) Question being taken, the motion was carried. 84-612 COMMON COUNCIL APRIL 25,1994 8.. ProQress Payment - Contract PC11 053 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 following construction progress certificate:- 1. Progress Payment contract PC 11053 Parks Department - Adelaide Street Stannair Conditioning Inc. Original estimate value of work Additional work Total value of contract Retention Payments previously approved Sum recommended for payment final holdback release $14,692.00 2,314.65 17,006.65 Nil 12,488.20 4,518.45 Question being taken, the motion was carried. 9. Tender - double drum roller On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the tender of Atlantic Tractors and Equipment Ltd., in the amount of $32,500.00 (plus taxes), be accepted for the supply of one only double drum roller. Question being taken, the motion was carried. 10. Tender - window van On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the tender of Centennial Pontiac Buick, in the amount of $19,241.00 (plus taxes), be accepted for the supply of one only window van. Responding to a query from Councillor Landers as to the number of vans presently in the fleet and whether in light of cut backs whether there is an excess, Mr. Totten advised he will provide information at a later date on the use of vans by staff. Mr. Logan responded to a query regarding the axle weight specified for the above vehicle and concern that such requirements preclude companies from being able to meet such specifications, and Mr. Galbraith outlined the procedure followed by staff in the preparation of vehicle specifications in general, based on the City's needs and equipment available for purchase. Question being taken, the motion was carried. 11. Tender - compact pick-up On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the tender of Centennial Pontiac Buick, in the amount of $15,466.00 (plus taxes), be accepted for the supply of one only compact pick-up truck. Question being taken, the motion was carried. 84-613 COMMON COUNCIL APRIL 25,1994 12. Tender - full size pick-up truck On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the tender of Downey Ford Sales, in the amount of $15,788.00 (plus taxes), be accepted for the supply of one only full size pick-up truck. Question being taken, the motion was carried. 13. Tender - tire and tubes On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the tender for the supply of tires and tubes, for a period of one year, commencing on May 1, 1994, be accepted as per the recommendations contained in the submitted bid summary. (Councillor Coughlan withdrew from the meeting.) Question being taken, the motion was carried. 14. 1994 Excavation Permit- R. W. Tomlinson Limited 170 Ashburn Road On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $240,000 be accepted from R. W. Tomlinson Limited as security to ensure the rehabilitation of the quarry at 170 Ashburn Road, NBGIC Numbers 298422 and 305128. (Councillor M. Vincent withdrew from the meeting.) Responding to a query from Deputy Mayor McAlary as to the $240,000 guarantee, Mr. Bedford explained that the property in question is a quarry and the amount of rehabilitation is extensive. Councillor A. Vincent asked whether the pit is being enlarged and was advised by Mr. Steeves that the pit has been standing idle for about two years and has not been enlarged, however, the owners are keeping the permit current rather than complete the rehabilitation. Councillor Landers questioned whether this is the way of getting around the rehabilitation and whether it can go on indefinitely or if there is a time frame when the City can ask to have it rehabilitated. Mr. Steeves advised that the quarry was approved as part of a conditional section 39 re-zoning with a number of conditions attached to it, but that is not uncommon in the gravel business and right now there is no deadline to have it upgraded, and noted that this issue is addressed in the Pits and Quarries Aggregate Resource Strategy report. Question being taken, the motion was carried. (Councillors Coughlan and M. Vincent re-entered the meeting.) 6. Presentation by Mrs. Reine Wojcik re services to end of Stevens Road Mrs. Reine Wojcik was present at the meeting to address Council with regard to services to the last 300 feet of the Stevens Road in Martinon. Mrs. Wojcik, on receiving permission from Council to make her presentation in French, advised that following her presentation, Francoise MacKenzie, an interpreter engaged by Mrs. Wojcik, would translate the presentation in English. Reading from a prepared brief, amended from the one previously submitted (copies of which she later left with the Common Clerk), Mrs. Wojcik advised that in the summer of 1992, the last 300 feet of the public Stevens Road leading to her property, was blocked 84-614 COMMON COUNCIL APRIL 25,1994 off in violation of the City's Zoning, dumping, and water course alteration by-laws, however several complaints to the City brought no positive result, which blockade cuts off the shortest route to her property for firefighting equipment and ambulance and other emergency vehicles; referenced the word "private" being added by the City to the road sign in 1993 and the paving of the adjacent road, Avery Lane in 1993, and suggested that according to six property deeds for the area (copies of which were submitted with her brief), the Stevens Road is public, and posing the following questions: why did the City add "private" to the road sign last September; why did the City pave the private Avery Lane last fall; why did the City sweep the paved "private" roads of the area on April 13, 1994; why does the City deny services to both ends of the road that lead to her property, while providing services not only to residents of other private roads of the area but also providing services to one resident of the road in question (such resident being allowed not only to block access to her property but to park heavy commercial equipment in the area of the blockade); why did the City re-name that road from Stevens Road to the name of that one resident; why did the City instruct the workers to provide no services to the road leading to her property, including snowplowing being withheld for the duration of the winter of 1992-93; why did the City allow the blockade, thereby allowing restriction of access for ambulance, fire fighting equipment and other emergency vehicles, and again with absolute disregard for their safety; why did the City allow dumping of construction debris, etc. on a roadway in a residential area; when a neighbour asked for help with a water problem why did the City come to the area of the blockade on December 14, 1993 to dig a ditch across the road with a slope toward her property and to seal an underground culvert with cement, diverting the polluted run-off water from the road on her property and over her well causing damages; and why was the City too busy when she called on March 10, 1994. Mrs. Wojcik concluded that he is demanding that the end of Stevens Road be re-opened immediately for the access of firefighting equipment, ambulance and any other emergency vehicles and holds the City directly responsible for failing to provide due care in the event that any misfortune strikes her or her family or property if the cause of such misfortune is in any way linked to the restriction created by the blockade of the road leading to her property. She stated that her appearance before Council is her personal plea and is no way related with any actions that her husband may have undertaken or may undertake on his own. Following translation of the above presentation in English by Madame MacKenzie, Mrs. Wojcik was commended for her presentation in the French language and the City Manager agreed to submit a report to Council at the next meeting on the specific questions posed by Mrs. Wojcik, noting that a report on the matter of private roads in general in the City will require additional time. Council requested that the City Manager's report be translated into French prior to submission to Council. Mayor Higgins thanked Mrs. Wojcik for her presentation and advised that Council will consider a motion to refer the matter to the City Manager, later in the meeting. 15. 1994 Excavation Permit - Fundy Bay Holdings Limited 460 Latimore Lake Road On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $13,000 be accepted from Fundy Bay Holdings as security to ensure the rehabilitation of the gravel pit at 460 Latimore Lake Road (NBGIC Number 334565). Question being taken, the motion was carried. 16. Saint John Salvage Corps & Fire Police Cancellation of Warrant for Terrv EnriQht On motion of Councillor Gould Seconded by Deputy Mayor McAlary RESOLVED that in accordance with the recommendations of the City Manager and Fire Chief, the warrant of Mr. Terry Enright for membership to the Saint John Salvage Corps and Fire Police be cancelled. Question being taken, the motion was carried. 84-615 COMMON COUNCIL APRIL 25,1994 17. Land on Nicolle Road Read a letter from the City Manager advising that the owner of land on Nicolle Road, identified as P.I.D. Number 55002034, has advised it is for sale and has inquired if the City is interested in its acquisition; that following input from the appropriate departments it has been determined that no City use has been identified for the property; and submitting a recommendation. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, William Stanton be advised that the City is not interested in acquiring his property on Nicolle Road at this time. Question being taken, the motion was carried. 18. Uptown StrateQY and Action ProQram Consideration was given to a letter from the City Manager advising that Common Council appointed an Uptown Strategy Working Group late in the Summer of 1992, and requested the Group to prepare a Strategy according to the process approved by Council and set out in the submitted chart; that the preparation of an Uptown Strategy is identified as an action for immediate implementation under the Goals for Saint John and has been prepared in a fashion that allows it to become part of the current Saint John Municipal Development Plan; and recommending that Common Council (1) initiate the process to formally amend the Saint John Municipal Development Plan to adopt the submitted Saint John Uptown Strategy as part of the Municipal Development Plan; and (2) receive and file the Action program, and that it be used in implementing the Strategy. On motion of Councillor Chase Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council initiate the process to formally amend the Saint John Municipal Development Plan to adopt the submitted Saint John Uptown Strategy as part of the Municipal Development Plan, and that the Action program be received and filed and used in implementing the Strategy. Councillor Rogers noted that Council has had no dialogue on the Strategy and she would hope Council would have had a report from the City Manager in reference to items in the Strategy that can be implemented before Council amends the Municipal Plan and that she does not agree with the process. Question being taken, the motion was carried with Councillor Rogers voting "nay". 19. Easement for encroachment, George F. Blair et ux, 201-203 Market Place Consideration was given to a letter from the City Manager submitting a copy of correspondence from the Legal Department with regard to a request from Claire B. N. Porter, solicitor for the owner of the premises at 201-203 Market Place, asking for an easement to permit the encroachment of the front porch and stairs of the dwelling house upon Market Place and the garage upon Rodney Street; and recommending adoption of the submitted resolution to permit only the encroachment of the garage on Rodney Street. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of one dollar ($1.00), to execute a grant of easement in favour of George F. and Jeanette S. Blair, the present owners, to permit the encroachment of their garage upon Rodney Street; such easement to terminate with the destruction or removal of such encroachment. 84-616 COMMON COUNCIL APRIL 25,1994 Question being taken, the motion was carried. 21. 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 March 21,1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That Common Council confer the Freedom of the City on 31 (Saint John) Service Battalion and 722 (Saint John) Communication Squadron. April 25, 1994 Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins C h air man. 21 (1) Freedom of the City 31 (Saint John) Service Battalion 722 (Saint John) Communication Squadron On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above report be received and filed and the recommendation adopted. Mayor Higgins noted that the City has always had a close association with the military and it is fitting that the City honour the 722 (Saint John) Communication Squadron which is celebrating its 90th anniversary with a special ceremony to confer the Freedom of the City being arranged for June 11, 1994 and that the 31 (Saint John) Service Battalion is celebrating 25 years of military service and the conferment ceremony will be held on September 24. Question being taken, the motion was carried. Mayor Higgins and Councillor Gould withdrew from the meeting as they were not present for the public hearing held on April 11, 1994 regarding Items 20 and 22, and Deputy Mayor Shirley McAlary assumed the chair. 20. ZoninQ By-Law Amendment - 26 Taylor Avenue On motion of Councillor Knibb Seconded by Councilor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-338 A Law To Amend The Zoning By-Law Of The City of Saint John", insofar as it concerns re-zoning the property at 26 Taylor Avenue (NBGIC Number 471656) from "US" Utility and Service to "RM-1" Three Storey Multiple Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-338 A Law To Amend The Zoning By-Law Of The City of Saint John", was read in its entirety. Question being taken, the motion was carried. 84-617 COMMON COUNCIL APRIL 25,1994 22. ZoninQ Bv-Law Amendment - 25. 27 & 29 Golden Grove Road Consideration was given to (a) a report from the Planning Advisory Committee submitting a recommendation for consideration by Council on an application by Three Mile Beverage Room (1978) Ltd. for re-zoning of property at 25,27 & 29 Golden Grove Road, such matter having been tabled by Council on April 11, 1994 following the public hearing, pending a recommendation from the Committee; which was tabled on April 18, 1994 due to the lack of a two-thirds affirmative vote of all Council members which is required in order to permit anyone to address Council; and submitting 10 letters and a petition containing 156 names in opposition to the proposal; and advising that the applicant was present and agreed to withdraw the proposed outdoor promotional activities from the application and expressed agreement with the recommendation in the staff report and indicated he would have no objection to an additional section 39 requirement to erect a fence along the rear property line of the subject site; that a number of residents attended the meeting to oppose the proposed outdoor activities and to express concern about the proposed parking lot and five of the area residents addressed the Committee and while they did not object to the development of a parking lot, they indicated that they would prefer that the property not be re-zoned to a business zone and as an alternative, the residents suggested that the site remain zoned "residential" with a special clause in the Zoning By-Law which would permit a parking lot; and recommending that Common Council (1) not approve the applicant's proposal to develop a parking lot with provision for seasonal outdoor promotional activities such as sports and concerts; (2) re-zone the three properties located at 25,27 and 29 Golden Grove Road (NBGIC Numbers 301598,307462 and 300988) from "R-1 B" One-Family Residential to "B-2" General Business classification, subject to a resolution pursuant to section 39 of the Community Planning Act setting out the following conditions: (i) the use of the properties shall be restricted to no other use than a parking lot, which may be used to provide parking facilities for the existing beverage room/lounge located at 5-19 Golden Grove Road; (ii) adequate site drainage facilities shall be provided and shall meet the requirements of the Engineering Department and the requirements of the Flood Risk Area By-Law; (iii) the parking area, maneuvering area and driveway entrance shall be paved with asphalt and enclosed by continuous concrete curbs; (iv) access to the parking area shall be restricted to one driveway off Golden Grove Road, the exact location of the driveway entrance shall be subject to the approval of the Engineering Department and shall include a dropped curb/sidewalk and that curbing of the driveway entrance shall extend onto the City right- of-way to connect with street curbs and that the dropped curb/sidewalk for the three existing driveway entrances from Golden Grove Road shall be removed and replaced with standard curb/sidewalk to the satisfaction of the Engineering Department; (v) all areas not occupied by the driveway entrance and parking area shall be landscaped, and the required landscaped area abutting the front lot lines shall extend onto the City street rights-of-way to the edge of the City sidewalk on Golden Grove Road and to the edge of the traveled portion of the road on Simpson Drive; (vi) the individual laterals to the existing dwellings shall be bricked and grouted or removed entirely upon demolition; (vii) the site shall be developed in accordance with a site plan prepared by the proponent of the development and approved by the Development Officer, indicating the location and dimensions of the parking area, driveways, landscaped areas and the manner in which the proposed parking area will be integrated with the existing parking area and no building permit for the parking lot shall be issued until an acceptable site plan is approved by the Development Officer and that such site plan shall be attached to the building permit; (viii) all site work shown on the site plan shall be completed within one year of approval of the building permit for the development; (ix) a board-on-board fence shall be erected and maintained at the rear of the site between the subject property and the adjacent property located at 9 Simpson Drive; and (3) authorize an amendment to the existing section 101 agreement (applicable to the property located at 5-19 Golden Grove Road) which would remove the requirement to provide and maintain a landscaped area and fence along the common property line between 19 Golden Grove Road (NBGIC Number 301598), so that the proposed parking area may be integrated with the existing parking area. Consideration was also given to a request from Jean Urquhart to address Council on the above matter, which was also tabled at the meeting of Council on April 18 for the reasons stated above. Deputy Mayor McAlary, noting that there are eight members of Council present at this time, advised that a two-thirds affirmative vote of all members of Council is required in order to permit anyone to address Council. 84-618 COMMON COUNCIL APRIL 25,1994 On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that Mrs. Jean Urquhart be invited to address Council at this time. Question being taken, the motion was carried. Mrs. Jean Urquhart of 55 Golden Grove Road, appeared in opposition to the proposed re-zoning read highlights from a prepared statement which had been distributed to the Council members earlier, noted that initially the proposal for 25, 27 and 29 Golden Grove Road was for outdoor concerts, however, the applicant has withdrawn the request for allowance of the concert area and is requesting additional parking space; that in conversation with a member of the Planning Advisory Department she discussed the possibility of the proposed area remaining zoned as "residential" with a special allowance for parking; that the biggest concern with the proposed re-zoning is the speed with which it is being accomplished and what appears to be Council's wish to accommodate Mr. Bardsley and his business in any way possible and overlook the valid concerns of the neighbourhood residents; and appealed to Council to step in and look at every angle before making a decision. Councillor Coughlan referred to the provisions of the section 39 agreement which will restrict the area to parking. Mrs. Urquhart advised residents of the Glen have seen section 39 agreements before, have seen building permits issued, businesses go in and then the properties re-zoned to accommodate the use; referred to information received since the Planning Advisory Committee meeting of April 12 with respect to two properties being purchased by Mr. Bardsley at the corner of Simpson Drive and Golden Grove Road which are on the opposite corner from the subject property and that the lots in question have received 14 loads of fill. In responding to a query from Councillor Landers as to the statement that the zoning could be left in a residential zone with a special allowance for parking only, Mr. Baird advised that the issue of an alternate approach to approval of a parking lot only was discussed at the public hearing; explained that other municipalities have developed a new zone category, which is a different technique that has not been used in Saint John, but that speaking with the Director of Planning in Fredericton they are not particularly happy and are proposing to move more towards the process that Saint John is using, namely a business zone for business uses and not develop special purpose zones. Responding to a query from Councillor Landers as to whether under the provisions of a section 39 resolution anything that transpires on the property in question, other than those outlined in the section 39 resolution, has to come back before Council, Mr. Rodgers advised in the affirmative. Mr. Bedford, in responding to a query about the 14 loads of fill, advised that the Building Inspection Department is aware of the fill and the fill will be removed and used as part of the construction of the parking lot. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the three properties located at 25,27 and 29 Golden Grove Road (NBGIC Numbers 301598, 307462 and 300988) from "R-1 B" One-Family Residential to "B-2" General Business classification, subject to a resolution pursuant to section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the three properties located at 25,27 and 29 Golden Grove Road (NBGIC Numbers 301598, 307462 and 300988) from "R-1 B" One-Family Residential to "B-2" General Business 84-619 COMMON COUNCIL APRIL 25,1994 classification, subject to a resolution pursuant to section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Councillor Rogers advised that she does not believe that he has accommodated Mr. Bardsley or his business in any possible way and overlooked the valid concerns of the neighbourhood residents. 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 A. Vincent Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize an amendment to the existing Section 101 agreement, applicable to the property located at 5-19 Golden Grove Road, which would remove the requirement to provide and maintain a landscaped area and fence along the common property line between 19 Golden Grove Road (NBGIC Number 301598), so that the proposed parking area may be integrated with the existing parking area. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. (Mayor Higgins and Councillor Gould re-entered the meeting and the Mayor re-assumed the chair.) (Councillors Knibb and Coughlan withdrew from the meeting.) 23. Letter from FCM re update on review of the Goods and Services Tax Read a letter from the Federation of Canadian Municipalities updating Council on the review of the Goods and Service Tax (GST) by the House of Commons Committee on Finance; advising that the 57% rebate for municipalities achieved by FCM in 1990 involved three years of arduous analysis by FCM, the Department of Finance and Revenue, the provinces, the private sector, local governments and other public institutions; that the Commons Finance Committee began exploring alternatives to the GST in February for presentation of its report to Parliament by June 1, 1994 and FCM appeared before the Committee on March 21 and argued that no greater burden should be imposed on municipal governments through reform or replacement of the GST that now exists; and submitting a copy of the minutes of their presentation and urging member municipalities to secure a commitment from the Minister of Finance, Minister of National Revenue, members of the Commons Finance Committee and local MPs. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the above letter be received and filed and referred to the City Manager for study and a recommendation. Question being taken, the motion was carried. (Councillor Knibb re-entered the meeting.) 24. Letter from District Medical Health Officer re stoop and scoop bv-Iaw Consideration was given to a letter from C. Scott Giffin, M.D., MPH, District Medical Officer, Saint John Region, advising that he has been approached by a 84-620 COMMON COUNCIL APRIL 25,1994 citizens' group to address the need for a stoop and scoop by-law in Saint John; that animals are potential reservoirs of disease that can affect humans, one particular route is "fecal-oral" and although stooping and scooping would not eliminate this route of transmission, it would, if observed, decrease the health risk and that controlling (leash law) cats and dogs and cleaning up their droppings area likely to be positive health initiatives. On motion of Councillor Landers Seconded by Deputy Mayor McAlary RESOLVED that the above letter be referred to the City Manager. Councillor Landers stated this is a subject that should be revisited by Council as this is a very important issue. Deputy Mayor McAlary referred to previous discussions by Council with the City Manager to explore the possibility of funds being made available through the Environmental Trust Fund. Mr. Totten advised that the City will not be making a request until such time as staff brings back a draft by-law or a position to bring forward to Council. (Councillor Coughlan re-entered the meeting and Councillor Trites withdrew.) Question being taken, the motion was carried. 25. Letters requesting enabling legislation to license and reQulate pornoQraphy distribution On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the letters from Bronwen Woods, Carla Gugan-Burns, Cynthia Boyd, Judy Halassy and Bonny Bovaird, Marian Jefferies, Chantal Bordage, Barbara Merrithew, Barbara Tracey-Larocque, Natalie Fisher, and Hestia House Inc., requesting that Council seek enabling legislation to license and regulate pornography distribution, be received and filed. Mayor Higgins advised that at the Executive Meeting of the Cities of New Brunswick Association, this issue has been discussed, and the City is preparing a resolution for presentation at the annual meeting of the Cities of New Brunswick. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 26. Letter from the International Longshoremen's Association Local 273. re VIA "Atlantic" Consideration was given to a letter from the International Longshoremen's Association, Local 273, offering their appreciation and full support for the decision taken by Common Council to continue to fight to save the VIA "Atlantic" ; advising that saving the VIA "Atlantic" is in the best interests of the people of Saint John and the Atlantic Region, Maine and Quebec who are serviced by the train and will preserve a vital segment of the Port of Saint John's transportation infrastructure which is absolutely critical to Saint John's future as a national port. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the above letter from the International Longshoremen's Association, Local 273 be received and filed and the Association be thanked for its continued support. It was suggested that a copy of this letter be referred to Mr. Ralph Murray, Senior Transportation Policy Advisor, for use in his efforts on behalf of the City. Question being taken, the motion was carried. 84-621 COMMON COUNCIL APRIL 25,1994 27. Request from IrvinQ representatives to address Council On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that the letter from Colleen Mitchell requesting permission to allow Irving representatives to appear in open session of Common Council on Monday, May 2, 1994 for the purpose of presenting to Council for approval plans for the proposed project in the Loyalist Burial Ground -- be received and filed and the Irving interests be afforded the opportunity to appear before Council on May 2. During discussion Mayor Higgins stated he wanted a full and open discussion and suggested that Council consider a "town hall meeting" format. It was agreed that following the presentation by the Irving interests at 5 p.m. on May 2nd, an opportunity would be given to opponents and proponents of the project to make presentations and in the event some individuals feel they have not had enough time to prepare their presentation, then they will be afforded the time at the meeting of May 9. Responding to a query as to whether a Councillor who is absent from the meeting of May 2 will be permitted to vote on the project at the meeting of May 9, Mr. Rodgers advised that as this is not a statutory public hearing Councillors will be permitted to vote. (Councillor Rogers withdrew from the meeting.) Question being taken, the motion was carried. 28. Letter from The Marco Polo Project re commemorative coin Read a letter from Barry K. Ogden, The Marco Polo Project, submitting (1) a copy of a letter from the Royal Canadian Mint advising that the Marco Polo theme has been added to their list and will be considered seriously in the years 2001 or 2002, commemorating respectively the 150th anniversaries of her launch and her sailing to Australia, (2) text for monument to be unveiled August 6, 1994 in Saint John by Parks Canada, (3) a letter from Max Ferguson of CBC Radio, and (4) copy of a Letter to the Editor re Rotary Club involvement with the Marco Polo project. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above letter be received and filed and a letter of support be forwarded from Council to the Royal Canadian Mint in support of the Marco Polo theme for a commemorative coin. Question being taken, the motion was carried. 6. Presentation bv Mrs. Reine Wojcik On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the presentation made by Mrs. Reine Wojcik be referred to the City Manager for a report. 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