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1994-07-25_Minutes 84-754 COMMON COUNCIL JULY 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 July, AD. 1994, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; J. Baird, Manager - Development Division, Planning; P. Hanlon, Operations Engineer, Water and Sewerage; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ To Order - OpeninQ Prayer The Mayor called the meeting to order, and Reverend Edward Goddard of First United Pentecostal Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that minutes of the meeting of Common Council, held on July 11, 1994, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Councillor Knibb paid tribute to columnist and journalist, the late Charles Lynch, who passed away on July 21, having spent his early years in the City of Saint John. Councillor Coughlan commended the organizers of the Air Atlantic Celebrity Golf Tournament which was held last week. * Added Item On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that letters from The Marco Polo Project (copies of which were forwarded to Council members as information items) be added to the agenda of this meeting for consideration as item 6A Question being taken, the motion was carried. * Added Items On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that copies of letters from the Saint John City Market Merchants Association and of the City Manager's report on the mobile home park on Ocean Westway (copies of which were forwarded to Council members as information items) be added to the agenda of this meeting for consideration as items 6B and 6C, respectively. 84-755 COMMON COUNCIL JULY 25, 1994 Question being taken, the motion was carried. Deputy Mayor McAlary commented on the poster of Saint John's "Firsts", which was put together during the past year by the Tourism Committee of the Saint John Board of Trade, and presented the Mayor with a framed poster. 4. Municipal Plan Amendment & Re-ZoninQ 3636 Westfield Road 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, the former Grand Bay Drive-In Theatre property at 3636 Westfield Road (a portion of NBGIC Number 295253), from Low Density Residential to Light Industrial classification; and (b) re-zone the same parcel of land from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, to place the property in a Municipal Plan and zoning designation which permits the current temporary use as a storage yard for a marina to continue on a permanent basis, as requested by Saint John Marina and Loyalist City Boatworks, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's July 19 meeting, as well as a copy of a letter from Mr. Lynn Nason suggesting that the re-hearing of the early temporary use application should occur before this application is considered; advising that, after seeking advice from the Legal Department, the Committee decided to proceed with consideration of the Municipal Plan amendment and re-zoning application and that, after considering the submitted report and letter and the presentations, the Committee decided to adopt the Planning Department's recommendation; and recommending that the Municipal Plan amendment and re-zoning of the subject property be denied. Mr. G. Patrick Gorman, Q.C., solicitor representing Lynn and Jane Nason who live across the street from the subject property, appeared in opposition to the proposed amendments; noted the letter filed with Council and the Planning Advisory Committee by Mr. Nason; and advised that Mr. Nason's objections are that: (1) the area is basically residential and the subject property has been zoned residential, although it had been used for a drive-in theatre for some time as a non-conforming use and it is Mr. Nason's opinion that the use of this property should remain residential; (2) the lack of water and sewerage services; (3) the present use of the property by way of permit has been for the storage of boats and, as addressed in Mr. Nason's letter, there is more than boats there and the use has been very loose, and he objects to that use of the property; and (4) the Drive-In Theatre has been closed for many years and it is Mr. Nason's understanding that, when the present owner purchased the subject property, it was in fact zoned for residential use, and that staff and the Planning Advisory Committee's recommendation is to leave the zoning as is as residential. During discussion Mr. Gorman identified Mr. Nason's property as NBGIC Number 295311 on the plan submitted with the correspondence from the Planning Advisory Committee; and responded to Council queries relevant to the appearance of the site in that it is his understanding that the site has been cleaned up recently from what it was prior to the subject application in that a lot of the junk that was on the property has been moved and that, as the nature of the whole area is residential, his client objects to a junk yard across the street from his house and that is what the property has been used for in the past; and made the observation that the property in question is the subject of two applications, one for a permit for the boat yard to be there on a yearly basis which was appealed to the Planning Appeal Board and sent back for re-hearing by the Planning Advisory Committee, the other being the application before Council at this time trying to make it a permanent situation. Mr. Baird responded to Council queries on the zoning background of the subject property and the duration of its non-conforming use; and Mr. Gorman confirmed Councillor Rogers' comments on the use of other properties within one-eighth of a mile of the site. Mr. William L. Brown, owner of the Saint John Marina, appeared in support of the application and, having commented on what has been done over the past 20 years in an effort to build up the Marina, advised that he bought the Grand Bay 84-756 COMMON COUNCIL JULY 25, 1994 Drive-In Theatre property four years ago for the reason that the facilities at the Marina cannot accommodate parking for the vehicles of the 130 to 150 boaters and those present for wedding receptions and banquets, and that, if the amount of cradles and items at the subject property were put in the Marina yard, there is no way the Marina could exist, as it has to have room for parking for the many people needed to keep the facility going. Referring to Mr. Gorman's comments about the unsightly appearance of the subject property, Mr. Brown explained that, as the Marina business has a very short season and the boaters must get into the water within three to four weeks or otherwise the season is gone as they get into a new year, sometimes things are not put in place the way they should be because there is not enough time to do it; however, when there is a lull, as there is right now, the property is cleaned up; and made the observation that, unless one drives down into the site of the former Grand Bay Drive-In area or flies over it, it is impossible to see anything. Mr. Brown also commented on the Marina's plans to attract motor boaters from the New England States; expressed the opinion that, as boat cradles are not the best looking things and other boat yards have them piled all around, the subject property provides an ideal set up for what the Marina is doing, and that he would like to keep the cradles on the site, if possible. Mr. Brown displayed a photograph of a use to which the Marina put steel from the Fredericton bridge, in that the Marina gets complaints about scrap and such on the subject property; also explained that the Marina, as it does not have a lot of money with which to work, has to take advantage of getting such material when available; and concluded that he would like to have the former Grand Bay Drive-In Theatre property as a part of the Saint John Marina while he owns it. Mr. Brown, in response to Council queries, confirmed that it is not his intention, in the future, to store boats, trailers, paraphernalia, chains or anything else like that in the visible way to the former Grand Bay Drive-In property where it could be seen from the road or neighbouring domiciles, and that the neighbours can always discuss things with him that do not suit them, nor would there be any hazardous material stored on the property; advised the number of persons employed at the Marina; and also advised that, with regard to a Section 39 re-zoning limiting what can be done with or stored on the subject property, he has had no complaints about the property and everyone in the area, but two, signed a petition to the effect that there was no problem with this as far as they were concerned and, in fact, there is only one in the area now who has a problem with it because the other person, he understands, is moving out. Concerning the temporary use permit, Mr. Brown explained that he does not want to have to apply yearly for a permit to use a piece of property on which he pays a lot of taxes; and, with regard to the indication in the submitted Planning Department report that staff is prepared to work with the applicant to locate existing industrial properties in this area to find a more appropriate site for a marina storage yard, suggested that this would probably be in an area in which there is no power and, as soon as he starts to relocate, the price of property would probably go up, and also he cannot afford to spend any more money to relocate. Mr. Brown further advised that there would be very little traffic to and from the subject property through the day and none at night, in that there would be approximately sixty to seventy boats and, as a boat is taken down to the site, a cradle would be taken back, and that he is looking at relocating the driveway so as to provide an opportunity to see oncoming traffic sooner; and that re-zoning of the subject property would mean that the Marina could accommodate about 150 more boats which means employment of more people in the area. A motion was proposed by Councillor Knibb and seconded by Councillor Rogers to give first reading to the Zoning By-Law pursuant to Section 39 of the Community Planning Act, such motion subsequently withdrawn during discussion based on Mr. Rodgers' observation that Section 39 is meaningless by just referring to it and his suggestion that, if Council is proceeding with this matter, Council should move first and second readings of the Municipal Plan and Zoning By-Law amendments, in that order and, prior to third reading, the City Manager and the appropriate Planning staff could meet with Mr. Brown to bring back to Council the appropriate Section 39 resolution at the third reading. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, 84-757 COMMON COUNCIL JULY 25, 1994 "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, the former Grand Bay Drive-In Theatre property, located at 3636 Westfield Road (a portion of NBGIC Number 295253), from Low Density Residential to Light Industrial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, the former Grand Bay Drive-In Theatre property, located at 3636 Westfield Road (a portion of NBGIC Number 295253), from Low Density Residential to Light Industrial 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 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 the former Grand Bay Drive-In Theatre property, located at 3636 Westfield Road (a portion of NBGIC Number 295253), from "RS-2" One- and Two-Family Suburban Residential to "1- 1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act with the conditions to be negotiated, 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 the former Grand Bay Drive-In Theatre property, located at 3636 Westfield Road (a portion of NBGIC Number 295253), from "RS-2" One- and Two-Family Suburban Residential to "1- 1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act with the conditions to be negotiated, 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 report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 84-758 COMMON COUNCIL JULY 25, 1994 On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the matter of Section 39 conditions with regard to the above-proposed re-zoning be referred to the City Manager to meet with Mr. Brown and report to Council on the appropriate Section 39 conditions prior to third reading. Question being taken, the motion was carried. 5. Municipal Plan Amendment & Re-ZoninQ, Mark Drive Property Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, four parcels of land located on both sides of Mark Drive having a total area of approximately 14 acres and being also NBGIC Number 313155 and part of NBGIC Number 317248, from Low Density Residential to District Centre Commercial classification, to permit the re-zoning of the same area and development of a business park servicing industrial or commercial uses, as requested by Hughes Surveys & Consultants Ltd. (Councillor Chase withdrew from the meeting.) 6. Ocean Westwav Trailer Park Consideration was given to a letter from Diane Adshade regarding a presentation to be made at this meeting by Eugene Leblanc with respect to the Ocean Westway Trailer Park, such presentation to discuss the Park closure, relocation availability and cost, the time allotted for moving, the present sewerage system and upgrade of this system, and the environmental fund. Mr. Eugene Leblanc and Diane Adshade appeared before Council regarding the above matter, and Mr. Leblanc expressed concern, as a resident of the Ocean Westway Trailer Park and on behalf of the residents, that on July 12 the tenants of the Trailer Park received notice of the closure of the Trailer Park and that they would have to relocate by September 6 because of a sewer problem; and advised that the tenants up to that point had no idea that this was transpiring in that there were people moving in prior to this. The Mayor commented on the above matter, having received a telephone call from a resident of the Ocean Westway Trailer Park about a week or so ago, as well as a copy of the letter from Mr. Daly to him with some reference to the City being discontented with the present sewage situation in the Trailer Park and of a letter sent to the residents indicating that the Park would close on September 6; and explained that, well over a year ago, Mr. Daly was given notice by the Departments of Health and the Environment of the extreme negative condition of the sewage that was oozing out of the Trailer Park area and, since this is a private Trailer Park, the City has no business in there with reference to the infrastructure and it is up to the owner to hook into the City system and, not having taken action, Mr. Daly was fined $10,000 in March 1994 at which time a court order was given that over the next period of time in which he was not complying with the order from the Departments further action would be taken. The Mayor noted the difficult position in which Council is in in view of Mr. Daly's notice of closure and Council's concern about the twenty-one people who live there who are being forced out of living accommodations; commented on the difficulties and costs being faced by these persons in relocating their trailers; and made the observation that there is no place for them to go. (Councillor Chase re-entered the meeting during the Mayor's comments.) Mr. Leblanc explained that the situation, basically, is that Dalys operate a business to make a profit and it would cost them more money than they are willing to spend to hook up to the City line; however, if Dalys could hook up to their property line, they would do so, but rather they would have to hook up to the highway at a cost in the range of $43,000 which they are not prepared to spend, and Dalys informed the 84-759 COMMON COUNCIL JULY 25, 1994 residents that, if the City would come to their line, they would hook up which, in turn, would give the residents more time. Mr. Leblanc advised that many of the residents in the Trailer Park are unable to move and do not have a place to which to move, and that the families are upset over the situation; and also advised that, as the residents do not know where to turn, they are asking for help from the City with this problem. During discussion Mr. Armstrong advised that the sewer in question is a City trunk sewer that services essentially the Spruce Lake Industrial Park and runs along the Throughway right-of-way and it is approximately 600 feet from the Daly property across other private property to that sewer, and that this is one solution that Mr. Daly has with respect to the order given by the Province, and also that, to his knowledge, the Daly Convenience Store and all of the trailers are serviced by the one septic tank system that is in question. Ms. Adshade commented on the lack of accommodation for all of the 21 families concerned in three trailer parks in the Saint John area owned by D. Northrup and a proposal given her by Westmorland Homes where a twelve-foot wide trailer can be moved for $2,200 into one of its three Parks, and asked what would happen to those people who are unable to find a place to which to relocate or cannot afford to do so; and the Mayor suggested that Council must be careful not to undermine any directive given by the Departments of Health or the Environment, and could perhaps assist in getting an extension of time for the residents. 11. Trailer Park On Ocean Westway (The Mayor withdrew from the meeting whereupon Deputy Mayor McAlary assumed the chair.) Councillor Rogers referred to her letter on the Trailer Park on Ocean Westway asking for a complete update on the situation; submitting a copy of a recent newspaper article in this regard which indicates that Mr. Daly was given plenty of time to clean up the unsafe environmental problems that existed at the Trailer Park; and expressing the understanding that residents of the Park have been notified that they are to evacuate their lots by September 6, 1994. Councillor Rogers expressed the understanding that the City has no legal jurisdiction to handle this problem, and advised her intention to move a motion for a meeting to be set up between the Daly group of companies and the City of Saint John, i.e. the Engineering Department, to see if a solution can be sought in reference to a sewerage line and the proper facilities in keeping with the order by the court and the Environment Department to try to see if the cost can be reduced for the owner or if there is another option available to him and to report back to Council. (The Mayor re-entered the meeting and reassumed the chair.) Councillor Gould referenced the City Manager's report on the Ocean Westway Trailer Park, which was added to the agenda of this meeting, and suggested that Council should, if the owner of the Trailer Park is represented at this meeting, ask if the owner has a solution to this matter. The Mayor advised that he would like to hear all sides; suggested that Robert Gale of Dalys, The Honourable Jane Barry, District Medical Health Officer Dr. Scott Giffin, and representatives of the Trailer Park could meet with Mr. Armstrong to see what can be done; and also suggested that, with Council's permission, Council could hear from Mr. Robert Gale at this time, whereupon Councillor Trites proposed a motion to invite Mr. Gale to address Council. Councillor M. Vincent, having asked to speak prior to a motion, suggested that, as the property in question is private and if Council is to play any role, it would be that of a facilitator, and Deputy Mayor McAlary suggested that Mr. Daly should be invited to any meetings with City staff in this regard. On motion of Councillor Rogers Seconded by Councillor A. Vincent RESOLVED that Mr. Robert Gale be invited be address Council at this time on behalf of owner of the Ocean Westway Trailer Park. Mr. Gale advised that, while he would be prepared to meet at any time 84-760 COMMON COUNCIL JULY 25, 1994 and would like to state the owner's position, he would address the issue at this time but not respond to individual questions in this forum, and that, with regard to the time factor, his comments could be extensive. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the matter of the Ocean Westway Trailer Park be referred to the City Manager to report to Council after he has met with the parties. Question being taken, the referral motion was carried. 11. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the above letter from Councillor Rogers on the Ocean Westway Trailer Park be received and filed. Question being taken, the motion was carried. *6A. The Marco Polo Proiect On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letters from The Marco Polo Project (a) regarding the forthcoming 6th Annual Marco Polo Celebrations, and (b) donating a bilingual t-shirt and architectural print of the Marco Polo as a possible gift to be presented to the Mayor of Caraquet at Council's upcoming meeting with him -- be received and filed. Question being taken, the motion was carried. *6B. Saint John City Market Merchants Association On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the copies of letters from the Saint John City Market Merchants Association to (a) Deputy Market Clerk Pat Palmer regarding the temperature in the City Market having soared once again to unbelievable heights; and (b) to deStecher Appraisals Ltd. explaining why the Merchants want a decrease or rollback in rental payments -- be referred to the City Manager. Question being taken, the motion was carried. *6C. Mobile Home Park - Ocean Westway On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the City Manager's report on the Mobile Home Park on Ocean Westway -- be received and filed. Question being taken, the motion was carried. 7. Symphony New Brunswick Request For Ad Placement Read a letter from Mayor Higgins submitting correspondence from Symphony New Brunswick soliciting advertising for its 1994-1995 season. 84-761 COMMON COUNCIL JULY 25, 1994 On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that the above letter be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. 8. The New Brunswick Museum Consideration was given to a letter from Mayor Higgins submitting copies of articles which appeared in the local newspaper following Council's last meeting which make serious allegations against Council and the Chairman of one of the City's boards of directors; advising that, as Mayor, he is concerned that the articles have left an erroneous perception and, having asked the City Manager to undertake a detailed investigation of the circumstances, he thought it appropriate to set the record straight with respect to the negotiations relating to the Museum proposal involving the City, the Province, The Hardman Group, The New Brunswick Museum and The Market Square Corporation; and also submitting a copy of an excerpt from the August 3, 1993 Committee of the Whole minutes, as well as a copy of a letter from former Mayor Elsie Wayne to Mr. Georgio Gaudet, Deputy Minister, Officer of the Premier, and of savings and cost evaluations in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above letter from Mayor Higgins be received and filed. Councillor Gould commented on the Museum proposal during which time he re-iterated his opinion that the City of Saint John should not be responsible for the rent of the Provincial Government, and asked if the Province is contributing to the Museum's rent in Market Square from the 6th to the 20th year. Councillor Coughlan noted the national news reference to The New Brunswick Museum in Saint John in view of the Faberge collection display. (Councillors Chase, Knibb and M. Vincent withdrew from the meeting during the foregoing comments.) Question being taken, the motion was carried. 9. National Airport Policv Read a letter from Deputy Mayor McAlary asking to comment on the Federal Government National Airport Policy. Deputy Mayor McAlary expressed concern about the new proposed National Airport Policy, which was announced earlier this month by The Honourable Doug Young, Federal Minister of Transport, and which, during the next five years, would transfer the responsibility for the operation, management and development of national airport system airports to a Canadian airport authority, Saint John being one of 26 airports in Canada that falls into the category of the national airport system that considers such airports essential to Canada's transportation system and requires that each one of them have an annual traffic of at least 200,000 passengers. Deputy Mayor McAlary explained that, while she is pleased that Saint John has been included as a major airport, she is concerned about whether a Canadian airport authority, which will be a locally-appointed board, would be able to manage and operate the Saint John Airport without subsidies from the Federal Government which have been, and would no longer be, in place; and noted that the Saint John Airport, in the past, has operated with close to a million dollar deficit each year. Deputy Mayor McAlary broached the possibility of the public having to pay an Airport departure tax of $10 to $20 per person every time they leave the Airport, especially if all three airports in the Province - Fredericton, Moncton and Saint John - do not have the same amount of tax, which 84-762 COMMON COUNCIL JULY 25, 1994 could lead to competition among the three Airports, as well as the concern about losing air service if the landing fees are increased too much or they are too high in that the Saint John Airport has a number of regional carriers but not too many large airline companies. Deputy Mayor McAlary suggested that, if the City cannot make the Airport pay for itself, it would lose the Airport which would mean a reduction of economic development and tourism, and no air service for the citizens, thus becoming a second- class City. (Councillors Chase, Knibb and M. Vincent re-entered the meeting during the above comments.) During discussion Mayor Higgins commented on his meeting with the Airport Consultative Committee, and advised that he has been asked to appoint a committee to meet with Saint John's Member of Parliament Elsie Wayne on August 16 in that the Federal Minister has asked Mrs. Wayne to get the City's input on the proposed Transportation Policy; and advised his intent to report fully to Council on the meetings to date and on the August 16 meeting with respect to action taken. (Councillors Coughlan and Trites withdrew from the meeting during the above discussion.) On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the above letter from Deputy Mayor McAlary be received and filed and Council await the Mayor's comments in this regard. (Councillors Coughlan and Trites re-entered the meeting.) Question being taken, the motion was carried. (The Mayor withdrew from the meeting whereupon Deputy Mayor McAlary assumed the chair.) 10. Baseball Field Behind Simonds School On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that the letter from Councillor M. Vincent submitting correspondence from the President of the East Suburban Little League regarding the condition of the baseball field located behind Simonds Junior High School, which is the key field for the successful operation of the League program; and advising that, after having viewed the facility with other Councillors, the concern emphasized by the use of crushed rock on the infield is valid -- be referred to the City Manager for study and a recommendation to Council. Councillor M. Vincent noted the indication in the submitted letter from the League that the crushed rock infield is very hard on players who slide into a base resulting in many scraped thighs and torn uniforms, and the request for removal of the crushed rock; and Councillor A. Vincent circulated samples of two different types of crushed rock, one of the type used in the subject field which is a "C" field, the other of a smoother texture of the type used in the "A" and "B" fields, and asked the number of City fields categorized in each of "A", "B" and "C". Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) 12. ChanQes To Air And Travel Services Consideration was given to a letter from Councillor Rogers submitting a copy of a newspaper article on the changes to the rail and air service as announced by the Federal Minister of Transport, The Honourable Doug Young; advising that, until 84-763 COMMON COUNCIL JULY 25, 1994 recently, she was unaware of the economic spin-off of the very important Princess of Acadia ferry service, and that she would like the opportunity of inviting MP Paul Zed and the Minister to the City of Saint John to meet with Council in reference to the City's transportation links with the rest of Canada and the world; and proposing a motion to do so. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that His Worship Mayor Higgins be authorized to contact The Honourable Doug Young, Federal Minister of Transport; Mr. Paul Zed, Member of Parliament - Fundy Royal; and Mrs. Elsie E. Wayne, Member of Parliament - Saint John, to meet with the Common Council of the City of Saint John to discuss transportation needs and further services for the City. Deputy Mayor McAlary asked that the above motion include Mrs. Elsie E. Wayne, M.P., who has been given the mandate to look into transportation; and Councillor Rogers commented on the reasons for her concern about the possible loss of the service offered by the Princess of Acadia Ferry. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 13. Tender For Contract 94-12 CrackfillinQ 1994 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, contract 94-12, crackfilling 1994, be awarded to Pavecare Industries (1989) Ltd., at the tendered price of $15,080, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 14. Tender For Contract 94-14, Milford Road Water And Sewer Construction On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 94-14, Milford Road water and sewer construction, be awarded to the low tenderer, Dean Construction Limited, at the tendered price of $395,461, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 15. Tender For Contract 94-15 PaintinQ CottaQe Road Standpipe On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 94-15, painting Cottage Road standpipe, be awarded to Jamac Painting and Sandblasting Ltd., at the tendered price of $40,400, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 84-764 COMMON COUNCIL JULY 25, 1994 16. Automatic Bill-Payment Service Read a report from the City Manager advising that the City is being offered, at no charge, a service in the form of a telephone bill-payment service for its water and sewerage customers who will have the option of using the service at their own bank, such service currently offered by the CIBC, the Toronto-Dominion Bank and the Bank of Montreal; commenting on what the use of this service would do for the City and its customers, and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, staff be authorized to enter into agreements with the major banks for the provision of a telephone bill-payment service for City of Saint John water and sewerage customers, and that the Mayor and Common Clerk be authorized to execute all related documents. Question being taken, the motion was carried. 17. Lease 112 Prince William Street On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council consent to the assignment of the lease with Angela Grew for 112 Prince William Street to Colleen Butland. Question being taken, the motion was carried. 18. Sale Of Lot 4 York Street Consideration was given to a report from the City advising of the need to rescind Common Council resolution of June 13, 1994 relative to the sale of the lot located at 4 York Street for the reason that Craig McLean and Clare Manzer have now decided not to proceed with the purchase. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council resolution of June 13, 1994, relative to the sale of the lot located at 4 York Street, be rescinded. Question being taken, the motion was carried. 19. CPR Spur Between Fairville Boulevard & ThrouQhway Read a report from the City Manager advising of the need to amend Common Council resolution of May 30, 1994, with regard to the CPR Spur between Fairville Boulevard and the Throughway, for the reason that the survey plan, which has now been received, indicates an actual area of 36,217 square feet, which at the agreed rate of $.34 per square foot, results in a purchase price of $12,314, rather than $12,240. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Common Council resolution of May 30, 1994, concerning the acquisition of a portion of the former CPR Spur between Fairville Boulevard and the 84-765 COMMON COUNCIL JULY 25, 1994 Throughway, be amended by changing 36,000 square feet to 36,217 square feet and $12,240 to $12,314. Question being taken, the motion was carried. 20. Eastmount Holdings Ltd. Re-Zoning Application, 20 WellinQton Street Consideration was given to a report from the City Manager regarding the application of Eastmount Holdings Ltd. for the re-zoning of 20 Wellington Street, which is on the agenda of this meeting under item 35; advising that, while on November 30, 1992 Council closed Wellington Street right-of-way which the subject property abuts and it was agreed by the City and the affected property owners that portions of the street would be consolidated to the affected properties to provide access to adjoining streets, these anticipated consolidations have not yet occurred; and suggesting that it would be appropriate to also include the portion of the street right-of-way intended for consolidation with the Eastmount re-zoning application. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council authorize the advertising for the re-zoning of a portion of the Wellington Street right-of-way, as shown on the submitted plan, with the re- zoning application submitted by Eastmount Holdings Ltd. for 20 Wellington Street: AND FURTHER that the above matter be referred to the Planning Advisory Committee for a report and recommendation, with the public hearing to be held on Tuesday, September 6, 1994. Question being taken, the motion was carried. 21. Security For Rehabilitation Of Gravel Pit 2400 Ocean Westway On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $25,000 be accepted from Galbraith Construction Ltd. as security to ensure the rehabilitation of the gravel pit at 2400 Ocean Westway (NBGIC Number 286500). Question being taken, the motion was carried. 22. Rockwood Park Waterslides Ltd. Read a report from the City Manager submitting a proposed license agreement with Rockwood Park Waterslides Ltd., further to Common Council resolution of July 11, 1994 with respect to the operation of the waterslide at Rockwood Park. Mr. Totten asked Council to consider changing the above-proposed agreement such that, with regard to its term, the license would conclude on the 31 st day of May, 1999, rather than May 1995 as indicated, providing for a 5-year contract for the reason that the owner has invested money to the extent that this is appropriate. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, subject to work being performed as directed by the Building Inspector and the Assistant City Manager - Operations, the Mayor and Common Clerk be authorized to execute the submitted license agreement with Rockwood Park Waterslides Ltd., the conclusion date of such license agreement to be amended to the 31st day of May, 1999. 84-766 COMMON COUNCIL JULY 25, 1994 Mr. Totten made the observation that clause 15 of the proposed license agreement enables the City to take action should Rockwood Park Waterslides Ltd. be in non-compliance with any of the agreement's terms and conditions. Question being taken, the motion was carried. 23. Municipal Plan Amendment Re Uptown StrateQY Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of the City of Saint John, concerning the Uptown Strategy, have been completed, and that the date for objections expired on July 13, with no written objections having been received. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application for a Municipal Plan amendment regarding the Uptown Strategy be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, September 6, 1994. Mr. Totten confirmed staff's intent to provide Council with a teach-in on the above matter. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. (Councillor Chase re-entered the meeting.) 24. Municipal Plan Amendment & Re-ZoninQ 7-9 Courtenay Avenue Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of John Walker and Roly Mcintyre, concerning property at 7-9 Courtenay Avenue, have been completed, and that the date for objections expired on July 13, with no written objections having been received. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application of John Walker and Roly Mcintyre for a Municipal Plan amendment and re-zoning of 7-9 Courtenay Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, September 6, 1994. Question being taken, the motion was carried. 25. Municipal Plan Amendment & Re-ZoninQ 1922 ManawaQonish Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Tow Tech Equipment Ltd., concerning the property at 1922 Manawagonish Road, have been completed, and that the date for objections expired on July 13, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of 84-767 COMMON COUNCIL JULY 25, 1994 Tow Tech Equipment Ltd. for a Municipal Plan amendment and re-zoning of 1922 Manawagonish Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, September 6, 1994. Question being taken, the motion was carried. 26. 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 July 11, 1994, when there were present Mayor Higgins and Councillors Chase, Gould, Knibb, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the revised Parking Meter By-Law, as submitted by the Saint John Parking Commission, be considered in open session of Council. 2. That as recommended by the Acting City Manager, Common Council amend the Establishment of the Water and Sewerage Department to provide the management positions of: (1) Director; (1) Operations Engineer; and (5) Superintendents; and further that the position of Forester, Group 9, be added to the Water and Sewerage Department Establishment, effective May 1, 1994. 3. That as recommended by the Nominating Committee, Owen Boyle be appointed to the Saint John Harbour Bridge Authority for a term to expire December 31, 1994. 4. That as recommended by the Nominating Committee, (1) Peter Gaulton be appointed to the Saint John Transit Commission for a term to expire June 30, 1997; (2) Deputy Mayor McAlary be appointed to the Saint John Environment Committee; and (3) Councillor A. Vincent be appointed to the Environment Committee of the Cities of New Brunswick Association. July 25, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 26(1). Revised ParkinQ Meter By-Law On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted: AND FURTHER that the by-law entitled, "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 Or Device", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "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 Or Device". 84-768 COMMON COUNCIL JULY 25, 1994 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "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 Or Device", be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "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 Or Device". The Mayor asked if it is Council's wish, having given first and second readings to the revised Parking Meter By-Law, to authorize the necessary advertising pursuant to Section 12 of the Municipalities Act which would eliminate the necessity of the By-Law being read in its entirety prior to third reading. On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that pursuant to Section 12 of the Municipalities Act, the necessary advertising be authorized to eliminate the necessity of the Parking Meter By-Law being read in its entirety prior to third reading. Question being taken, the motion was carried. 26(2). Water and SeweraQe Department Establishment On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 26(3). Appointment To Saint John Harbour BridQe Authority On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillors Coughlan, Rogers and M. Vincent voting "nay". 26(4). Appointments To Transit Commission, Environment Committee & Cities of New Brunswick Environment Committee On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. (Councillor A. Vincent withdrew from the meeting.) 84-769 COMMON COUNCIL JULY 25, 1994 27. Municipal Services Easement and Street VestinQ - 570 Rothesay Avenue On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo- reduced subdivision plan of a 17 -square metre (183-square foot) parcel of land into the McAllister Drive street right-of-way at 570 Rothesay Avenue and to the municipal services easement in the northwest portion of Lot 93-4. Question being taken, the motion was carried. 28. Public Utility Easement 5 Golden Grove Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plan of a 6-metre (20-foot) wide public utility easement at 5 Golden Grove Road. (Rescinded October 3,1994 Bk. 84 Pg. 875 ) Question being taken, the motion was carried. 29. Saint John Parking Commission 1993 Annual Report On motion of Councillor Gould Seconded by Councillor Trites RESOLVED that the 1993 Annual Report of the Saint John Parking Commission be received and filed with appreciation. Question being taken, the motion was carried. 30. The Power Commission of The City of Saint John - 1993 Annual Report On motion of Councillor Gould Seconded by Councillor Trites RESOLVED that the 1993 Annual Report of The Power Commission of The City of Saint John be received and filed with appreciation. Question being taken, the motion was carried. 31. Saint John Transit Commission Adjustments To Transit System DesiQn On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Mr. Frank G. McCarey, General Manager of the Saint John Transit Commission, advising 84-770 COMMON COUNCIL JULY 25, 1994 Council of adjustments to its new transit system design, in response to concerns expressed by Council at its July 11 meeting, and when such changes will occur -- be received and filed and the Commission be thanked for the expediency of its response. Question being taken, the motion was carried. 32. Saint John Board of Police Commissioners The North End Community Corp. Inc. Complaint On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from the Saint John Board of Police Commissioners responding to the complaint to Council on June 27 by The North End Community Corp. Inc. about the reputation of the North End; and advising that it is satisfied that every reasonable effort is being taken by the Saint John Police Force management in respect to the complaints of the Corporation and others throughout the community -- be received and filed and a copy be forwarded to The North End Community Corp. Inc. (Councillor A. Vincent re-entered the meeting.) Question being taken, the motion was carried. (Councillor Gould withdrew from the meeting.) 33. Greater Saint John Economic Development Commission Retainer AQreement With Corporate Communications Ltd. Read a letter from Mr. Stephen Carson, General Manager of Enterprise Saint John, advising that, further to Council's approval on February 7, 1994 of the engagement of Corporate Communications Ltd. to undertake the design and completions of communications and public relations strategies for the Greater Saint John Economic Development Commission, the report submitted to Council did not include approval for the retainer agreement under which Corporate Communications Ltd. has been working since January 25, 1994; also advising that funds have been allocated within the 1994 budget for the retainership agreement and Council's approval is being requested to enter into a six-month retainership basis at $4,800 per month $28,800) ending on July 25, 1994; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that Common Council approve the previous five months of service provided by Corporate Communications Ltd. with respect to a communication strategy for the Greater Saint John Economic Development Commission, and grant permission to retain Corporate Communications Ltd. until the period ending September 25, 1994. Question being taken, the motion was carried. (Councillor Gould re-entered the meeting.) 34. Skyline Terrace Apartments Ltd. Application For Amend- ment To Section 39 Re-ZoninQ Of 155 Mysterv Lake Drive On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Skyline Terrace Apartments Ltd. for an amendment to the Section 39 re-zoning of 155 Mystery Lake Drive be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, September 6, 1994. 84-771 COMMON COUNCIL JULY 25, 1994 Question being taken, the motion was carried. 35. Eastmount Holdings Ltd. Application To Re-Zone 20 WellinQton Street On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application of Stephen Bettle of Eastmount Holdings Ltd. for the re-zoning of 20 Wellington Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, September 6, 1994. Question being taken, the motion was carried. 36. Kevin Campbell - Extension Re Placement Of Mobile Home At 890 Lorneville Road Read a letter from Kevin Campbell asking for a further extension to the permit to place his mobile home at 890 Lorneville Road. On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that Council approve an extension of one year for Kevin Campbell for the placement of his mobile home at 890 Lorneville Road. Question being taken, the motion was carried. 37. The Saint John Law Society - Old General Hospital - Justice Complex Court Facilities On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from John P. Barry, Q.C., Vice-President of The Saint John Law Society, referring to Council's discussion at its June 27 meeting on the issue of a justice complex court facilities being located on the site of the Old General Hospital and to a commitment from the Province of New Brunswick with respect to the construction of the court facilities on King Street East; advising that the Society is of the belief that, while the matter has been deferred by the Provincial Government, this commitment was to be honoured; and requesting an opportunity to meet and discuss this matter with the City and to be made aware of the City's position -- be referred to the City Manager to arrange a meeting of the Law Society with Council. Question being taken, the motion was carried. 38. Micmac Maliseet Development Corporation Request Financial Support For Trade Show On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from the Micmac Maliseet Development Corporation requesting financial support for the Second Annual Aboriginal Business Symposium and Trade Show in September -- be received and filed. 84-772 COMMON COUNCIL JULY 25, 1994 Question being taken, the motion was carried. 39. FCM - GST Report And Municipal Governments On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that the letter from Mr. D. Laurence Mawhinney, President of the Federation of Canadian Municipalities, bring Council up to date on GST reform; and asking, in preparation for further representations to the Federal Government on behalf of member municipalities, for the City to calculate the impact on mill rates of the loss of GST rebates and send this information to FCM, and to keep the information on hand for use at the appropriate time with local MPs and media -- be received and filed. Question being taken, the motion was carried. 40. FCM - Atlantic ReQional Committee On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from Warden John Coady, Chairman of the Atlantic Regional Committee of the Federation of Canadian Municipalities, inviting Council to forward its concerns, either directly to him or to the Provincial FCM representatives -- be received and filed. Question being taken, the motion was carried. 41. FCM - Decisions Taken On Resolutions On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that the letter from Viviane Swann, Resolutions Policy Analyst with the Federation of Canadian Municipalities, advising that, with regard to the resolutions submitted by Council to FCM's Annual Conference on a merge of railway operations in Eastern Canada and Federal transfer payments to the provinces, both resolutions were endorsed as Category A resolutions, and that Council will be kept informed of further developments - - be received and filed. Question being taken, the motion was carried. 42. Recreation and Parks Association of New Brunswick Provincial FundinQ Of Sport And Recreation Services On motion of Deputy Mayor McAlary Seconded by Councillor Chase RESOLVED that the letter from the Recreation and Parks Association of New Brunswick requesting Council's input and support in an effort to get the Minister of Municipalities, Culture and Housing to redress the present situation for the funding of sport and recreation services, and asking that the submitted survey be completed and returned to the Association -- be referred to the City Manager. Question being taken, the motion was carried. 84-773 COMMON COUNCIL JULY 25, 1994 43. South Central Citizens Council Support of Marco Polo Project On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the South Central Citizens Council in support of the Marco Polo Project -- be received and filed and a copy be referred to the file on the Marco Polo Project. The Mayor confirmed that he and the City Manager will be attending a meeting in early August with regard to the above matter with The Honourable Vaughn Blaney, Minister of Education; and Mr. Leo McAdam, MLA, who have been appointed by the Premier as his emissaries to meet with the Marco Polo group, him and Mr. Totten. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried with Councillor Gould voting "nay". Common Clerk