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1994-09-06_Minutes 84-807 COMMON COUNCIL SEPTEMBER 6, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the sixth day of September, AD. 1994, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites 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; G. Tait, Fire Chief; B. Morrison, Director of Parks; B. Steeves, Building Inspector; J. Baird, Manager - Development Division, Planning; B. Malone, Planner, A Bodechon, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary. 1. Call To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and Reverend C. French of Central Baptist Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that minutes of the meeting of Common Council, held on August 22, 1994 be approved. Councillor A Vincent stated he voted against the above motion due to the wording of the Mayor's ruling regarding item 12 at the last meeting. Question being taken, the motion was carried with Councillor A Vincent voting "nay". 3. Mavor's Remarks Mayor Higgins noted that he attended the Atlantic Mayors Conference in Halifax on August 24, and that the idea of the meeting was to form a partnership to promote each other in the field of tourism and also the cities in the Maritimes would host Atlantic rim countries to discuss trade and tourism; that he met in Halifax on August 26th with the Atlantic mayors and mayors from southeastern Massachusetts and a new association has been formed to promote trade and tourism between Massachusetts and the Atlantic provinces; congratulated the Atlantic National Exhibition for the exciting week and superb entertainment; extended an invitation to the public to attend the commissioning of HMCS Fredericton being held on September 10; noted that on September 7 a full parade, the unveiling of a new plaque at the Cenotaph in King's Square and presentation of volunteer service medals will take place to honour the Merchant Navy; advised that he will be attending a meeting of the Federation of Canadian Municipalities committee on infrastructure in Charlottetown this week; and proclaimed the month of September to be Big Brother - Big Sister month. The Honourable Jane Barry, Solicitor General, presented a cheque on behalf of the Honourable Leo McAdam, Minister of Economic Development of Tourism, in support of tourism information centre training; noted the success of the tourist season which has increased from 16% to 60% over last year; advised that she was notified by the Honourable Marcelle Mersereau, Minister of Environment, that support has come from the Waste Reduction Fund for three projects, namely, two projects for recycling depots in the amount of $6,420, and a contribution of $750 to the Keep Saint John Beautiful organization; complimented the City and staff for their efforts, noting that 84-808 COMMON COUNCIL SEPTEMBER 6, 1994 visitors as well as local citizens appreciate the plantings which make the city much more attractive; indicated she is pleased to see the effort being put forth by the City to attract the Acadian Games and offered her personal support; referred to funding that had been allocated in the capital budget of the Department of Environment in the amount of $500,000 for the closure of the Spruce Lake Landfill Site; and noted that she is looking forward to the report on the infrastructure program. Mayor Higgins advised that the City Manager will be making a presentation to the Site Selection Committee for the Acadian Games in co-operation with the Communitaire de Samuel de Champlain. Deputy Mayor McAlary announced St. Joseph's Hospital will be opening a Community Health Centre in the near future which will consist of a team of health and human service staff and volunteers working together to provide a one-stop community health centre; and suggested that while the Honourable Jane Barry is present item 17 be considered at this time. On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that the item regarding the Federal Infrastructure Program be considered following the Mayor's remarks. Question being taken, the motion was carried. Councillor Coughlan extended congratulations to the Saint John Alpines who recently won the Provincial Senior Ball Championship; and noted that this is the last week to purchase tickets for the Y-12 lottery. Referring to the unveiling of the plaque honouring the Merchant Marine, Councillor Gould spoke of their importance to the country and that this recognition is a result of a change in Federal legislation brought about by the efforts of the Honourable Gerald Merrithew, former Minister of Veterans Affairs, and former member of Common Council. Councillor Rogers advised that over the past four weeks she has received a number of telephone calls concerning the financial situation of the City of Saint John and in Committee of the Whole earlier this date she gave notice of motion that it was her intent to place on the agenda this item of concern; that after reviewing the financial records and projections with the Commissioner of Finance, Council has agreed that she could raise the item under Mayor's remarks because of the importance that it has to the community and requested that the Commissioner of Finance discuss publicly the budget analysis and the strategic plan that has been developed to deal with this important item. Mr. Rodgers advised that on a legal procedure, public hearings have been set under the Community Planning Act for 7:00 p.m. and, apart from the ordinary opening procedures, he believes Council should adhere to that procedure. 4. Municipal Plan Amendment - Uptown StrateQV The Common Clerk advised that the necessary advertising was completed with regard to a proposed Municipal Plan amendment to (a) delete the existing Part Six - Central Business District including Schedule 6-A; and (b) adopt a new Part Six - Uptown Strategy including a new Schedule 6-A and 6-B, to update the policies of the Municipal Development Plan as they relate to the Uptown, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising that it has not yet completed its review of the Uptown Strategy and has therefore tabled the proposed Municipal Plan amendment until the next regular meeting of the Committee, at which time it is anticipated that a recommendation will be forwarded to Common Council; and recommending that Common Council hold the advertised public hearing respecting deletion of Part Six of the Municipal Development Plan (Central Business District, including Schedule 6-A) and adoption of the new Part 84-809 COMMON COUNCIL SEPTEMBER 6, 1994 Six - Uptown Strategy (including a new Schedule 6-A and 6-B), and that Council table the final decision on the amendments until the Planning Advisory Committee has completed its review and forwarded a recommendation. Consideration was also given to a letter from the Greater Saint John Economic Development Commission, which was distributed earlier in the meeting, advising of its support for the Uptown Strategy. Mr. Sterling Brown, representing Uptown Saint John Inc. advised that the organization fully endorses the proposed amendment. 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 deleting the existing Part Six - Central Business District including Schedule 6-A, and adopting a new Part Six - Uptown Strategy including a new Schedule 6-A and 6-B, 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 Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by deleting the existing Part Six - Central Business District including Schedule 6-A, and adopting a new Part Six - Uptown Strategy including a new Schedule 6-A and 6-B, 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 above correspondence be received and filed. Question being taken, the motion was carried. 5. Municipal Plan Amendment and Re-ZoninQ 7-9 Courtenay Avenue 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 7-9 Courtenay Avenue (NBGIC Number 320010), having a frontage of approximately 45 feet on Courtenay Avenue and a lot area of approximately 4,185 square feet, from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same parcel of land from "R-2" One- and Two-Family Residential to "B-2" General Business classification, to permit the continued use of the existing building as a business office, as requested by John Walker and Roly Mcintyre, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising that it considered the submitted Planning staff report at the Committee's August 30 meeting at which Mr. Roly Mcintyre explained the purpose of the application and requested the Committee's support and no other presentations were made at the meeting and no letters were received from area residents and that, after considering the applicant's presentation, the Committee adopted a new 84-81 0 COMMON COUNCIL SEPTEMBER 6, 1994 recommendation; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Low Density Residential to District Centre Commercial classification, a parcel of land with a frontage of approximately 45 feet on Courtenay Avenue, with a lot area of approximately 4,185 square feet, located at 7-9 Courtenay Avenue (NBGIC Number 320010); and (2) re- zone the same above-mentioned parcel of land from "R-2" One- and Two-Family Residential to "B-2" General Business classification. Mr. Roly Mcintyre, part owner of the property, appeared in support of the above application; distributed photographs, and noted that the building has been completely renovated and contains two apartments and a small telemarketing firm comprising 350 square feet and that there is ample parking; that the property is 150 feet from Bayside Drive, across the street are Petro Can, a fire and police station, a fish store, a parts store and an electrical firm and that he felt that this was not the best location for apartments and the only way to make the property pay was to include a small business. Responding to a query from Councillor Coughlan as to whether the owners were aware of the residential zone when they purchased the property, Mr. Mcintyre advised in the affirmative, and noted that a door could be put in from the small business to the adjoining apartment to comply with the existing zoning, however, they do not wish to do that, they want it to be properly zoned and expressed the opinion that he does not feel this is a major variance taking into consideration the location. On motion of Councillor Knibb Seconded by Councillor Rogers 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 with a frontage of approximately 45 feet on Courtenay Avenue and lot area of approximately 4,185 square feet, located at 7-9 Courtenay Avenue (NBGIC Number 320010), from Low Density Residential to District Centre Commercial 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 Knibb Seconded by Councillor A. 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, a parcel of land with a frontage of approximately 45 feet on Courtenay Avenue and lot area of approximately 4,185 square feet, located at 7-9 Courtenay Avenue (NBGIC Number 320010), from Low Density Residential to District Centre Commercial 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 Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land with a frontage of approximately 45 feet on Courtenay Avenue and lot area of approximately 4,185 square feet, located at 7-9 Courtenay Avenue (NBGIC Number 320010), from "R-2" One- and Two-Family Residential to "B-2" General Business classification, be read a first time. Question being taken, the motion was carried. 84-811 COMMON COUNCIL SEPTEMBER 6, 1994 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 re-zoning a parcel of land with a frontage of approximately 45 feet on Courtenay Avenue and lot area of approximately 4,185 square feet, located at 7-9 Courtenay Avenue (NBGIC Number 320010), from "R-2" One- and Two-Family Residential to "B-2" General Business 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 Deputy Mayor McAlary RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 6. Municipal Plan Amendment and Re-ZoninQ 1922 ManawaQonish 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, a parcel of land located at 1922 Manawagonish Road (NBGIC Number 403626), being the site of the former Esso Service Station, from Highway Commercial to Light Industrial classification; and (b) the proposed re-zoning of the same land from "B-2" General Business to "1-1" Light Industrial classification, to place the subject property into a zone that would allow for the manufacturing, installation and sale of truck bodies and accessories, as well as a vehicle compound for a towing business, as requested by Tow Tech Equipment Ltd., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's August 30 meeting at which Mr. Mark Northrup of Tow Tech Equipment Ltd. expressed general support for the staff recommendation, although he did object to the relocation of a portion of the compound fencing and also circulated several letters from surrounding landowners in favour of the proposed use; advising that, after considering the applicant's presentation, the Committee adopted a revised recommendation which does not including relocating a portion of the compound fencing; and recommending that Common Council (1) redesignate on Schedule 2-A, the Future Land Use Plan, from Highway Commercial to Light Industrial classification, a parcel of land located at 1922 Manawagonish Road, being the former site of an Esso Service Station (NBGIC Number 403626); and (2) re-zone the same parcel of land from "B-2" General Business to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the property be limited to the manufacturing, installation and sale of tow truck bodies, as well as a vehicle compound for a towing business; (b) open storage of goods, other than new or licensed vehicles, may be permitted within the main building or enclosed compound area; (c) the property be developed in accordance with a landscaping plan subject to approval of the Development Officer, and such improvements be completed within one (1) year from the approval date of the change of use permit; (d) the large sign structure previously used by the service station be removed within six (6) months from the approval date of the change of use permit, and the property only be permitted a new freestanding sign with a maximum area of 18.58 square meters (200 square feet); and 84-812 COMMON COUNCIL SEPTEMBER 6, 1994 (e) the existing metal fence posts along the frontage of the property be removed within six (6) months from the approval date of the change of use permit, and no additional fencing be permitted on the property. Mr. Mark Northrup, representing Tow Tech Equipment Ltd., appeared in support of the above application; and advised that there is a fence on the property which was erected before he purchased it, and that the reason he is moving his company is because he was involved in the problem in Martinon with polluted water. 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 1922 Manawagonish Road, being the site of the former Esso Service Station (NBGIC Number 403626), from Highway Commercial 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 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 1922 Manawagonish Road, being the site of the former Esso Service Station (NBGIC Number 403626), from Highway Commercial 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 Deputy Mayor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 1922 Manawagonish Road, being the site of the former Esso Service Station (NBGIC Number 403626), from "B-2" General Business to "1-1" Light Industrial classification 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 McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 1922 Manawagonish Road, being the site of the former Esso Service Station (NBGIC Number 403626), from "B-2" General Business to "1-1" Light Industrial classification pursuant to section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Councillor Rogers referred to a fence and compound area presently on the property, and asked if this is a violation and whether it is intended, once the 84-813 COMMON COUNCIL SEPTEMBER 6, 1994 property is rezoned, that it be taken down and replaced and referred to item (e) of the Planning Advisory Committee report. Mr. Baird advised that the item refers to a number of posts located along the front property line and are to be removed. Councillor Rogers noted that a number of issues have been raised concerning the property and it was her understanding that the present fence is in violation and does not meet the standards as it is built too high and has barbed wire along the top and it abuts a residential area, and questioned whether the fence would have to be removed prior to the rezoning. Mr. Baird advised that the fence that was built previous to the present owner taking possession of the building and at the present time it does not meet the standards of the "B-2" zone, however, if it is rezoned the height of the fence and the presence of barbed wire will be in compliance because the re-zoning request is to place the property into an industrial zone, the adjacent properties are in a light industrial zone and a general business zone, and that it was staff's recommendation to the Planning Advisory Committee that the fence be altered, however, the Committee chose not to agree with that particular recommendation. Question being taken, the motion was carried with Councillor Rogers voting "nay". 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. Question being taken, the motion was carried. 7. Re-ZoninQ 20 WellinQton Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an 11 ,582-square foot parcel of land comprised of 20 Wellington Street (NBGIC Number 431643), as well as a portion of the Wellington Street right-of-way, from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, to permit the conversion of the existing two-family dwelling into a three-family dwelling, as requested by Stephen Bettle of Eastmount Holdings Ltd., 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 staff report considered at the Committee's August 30 meeting at which Mr. Bettle expressed support for the staff recommendation and no other presentations were made at the meeting and no letters were received from area residents; and recommending that Council re-zone an 11 ,582-square foot area of land comprised of 20 Wellington Street (NBGIC Number 431643), as well as a portion of the adjoining former Wellington Street right-of-way, from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the property be developed in accordance with a landscaping plan subject to the approval of the Development Officer; and (b) the required landscaping improvements be completed within one (1) year from the approval date of the change of use permit. Mr. Stephen Bettle of Eastmount Holdings Ltd. appeared in support of the above application and advised the reason he would like to have the property rezoned is to increase the income from the building. 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 re-zoning an 11 ,582-square foot parcel of land comprised of 20 Wellington Street (NBGIC Number 431643), as well as a portion of the Wellington Street right-of-way, from "R-2" One- and 84-814 COMMON COUNCIL SEPTEMBER 6, 1994 Two-Family Residential to "R-4" Four Family Residential classification 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 Deputy Mayor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an 11 ,582-square foot parcel of land comprised of 20 Wellington Street (NBGIC Number 4331643), as well as a portion of the Wellington Street right-of-way, from "R-2" One- and Two-Family Residential to "R-4" Four Family Residential classification pursuant to section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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 Deputy Mayor McAlary RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 8. Amendment To Section 39 Conditions Of Re-ZoninQ 155 Mvsterv Lake Drive The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the conditions attached to the December 22, 1986 re-zoning of the property located at 155 Mystery Lake Drive (NBGIC Number 373381), to remove the restriction limiting the use of a grocery store, located on a portion of the second level of the building to also include a beauty salon to occupy the same floor space, as requested by Skyline Terrace Apartments Ltd., c/o Kincade Property Management, and that no written objections were received in this regard. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning staff report considered at the Committee's August 30 meeting at which no one appeared in opposition to the requested amendment and no letters were received regarding the application, and a person representing the applicant indicated he had no objection to the staff report; and recommending that Common Council amend the conditions attached to the December 22, 1986 re-zoning of the property to "BR" Business Residential classification, located at 155 Mystery Lake Drive (NBGIC Number 373381), to amend the restriction limiting the use to a grocery store, located on a portion of the second level of the building, to permit a beauty salon or a grocery store to occupy the same floor space. Mr. Steve Kincade, representing the owner of the property, appeared in support of the above application; and advised that the company has been looking for a suitable tenant for over a year and it now has a tenant who wants to put a beauty parlour where the grocery store had been located. 84-815 COMMON COUNCIL SEPTEMBER 6, 1994 On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the conditions attached to the December 22, 1986 re-zoning, to "BR" Business Residential classification, of the property located at 155 Mystery Lake Drive (NBGIC Number 373381), to amend the restriction limiting the use to a grocery store, located on a portion of the second level of the building, to permit a beauty salon or a grocery store to occupy the same floor space. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 17. Federal Infrastructure ProQram Update (Councillor Chase withdrew from the meeting) On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the report from the City Manager updating Council on the City's projects approved under the Federal Infrastructure Program, be received and filed and a copy forwarded to the Honourable Jane Barry. Mr. Totten stated the above report is an update with respect to a number of projects that have been undertaken this year as a result of contributions from both the Federal and Provincial governments; the largest funding made available to the City was with respect to the waste water system extension and under that project approximately $4 million was provide by the other levels of government; noted that the contract for lead service pipe renewal, at cost of $500,000 will be issued within three weeks and will deal with 270 city services; that the Crown Street retaining wall is a very expensive project and while the City has had funding from the other two levels of government, there is still a concern with respect to the City's capacity to fund what could be a very major project and the City will be engaging engineers to do the design work and this item will come back to Council with respect to what is the most appropriate course of action; and finally the space in Market Square for the New Brunswick Museum is being prepared and the tenants being relocated and the space is expected to be turned over to the Museum this month and noted that this information was requested as an update by the Honourable Jane Barry as a result of contributions from the Provincial government. Councillor Knibb questioned whether staff is satisfied with the funding for lead service renewal and for the New Brunswick Museum relocation, but not satisfied with the amount of money presently being provided by the other two levels of government with regard to the wastewater system and the retaining wall. Mr. Totten advised that the best information available is that the City will be able to complete the first two projects, but with respect to the others staff recognized from the very outset the $93 million was the price tag for the wastewater strategy and at that point submitted a list of projects to the Province with respect to the things the City could afford, and noted that the $4 million contribution from the other levels of government is within a spending envelope and that the City also has to contribute $2 million that allows the City to proceed without causing undue pressure on the water rates. Responding to a query from Deputy Mayor McAlary on the Crown Street retaining wall, Mr. Totten advised funding will cover the cost of design work, plus 84-816 COMMON COUNCIL SEPTEMBER 6, 1994 construction work; that it is a very complicated project and it is hoped the work can be phased in over a number of years. Responding to a question from Councillor Gould as to how long it will be before a contract can be awarded for the design of the Crown Street retaining wall, Mr. Robichaud advised that the proposal call will have the engineering companies identify how long it will take to carry out a number of investigations to establish what the city's alternatives are and he is hoping it will all be done early this winter in order to have a early spring start and have it completed before the deadline. Councillor Gould asked why staff feel it is necessary to call tenders for the design proposal and was advised by Mr. Totten that the decision to call for tenders for design was brought to him by Mr. Robichaud and Mr. Armstrong as a result of the complex nature of this particular project and the need to make sure all possible alternatives for the redesign and reconstruction of Crown Street are explored. (Councillor Chase 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. OrQanizational Structure Read a report from the City Manager seeking Council's support to implement changes within the structure that will clarify the issue of accountability, reduce the number of Council appointees, and establish a department with sufficient resources to allow for continued efforts in promoting the community, both to potential visitors and, as importantly, to the citizens; summarizing the issues which he has discussed with Council in this regard, and on the timing of the proposed changes; submitting a job description for the position of Commissioner of Community Services; and requesting Council's adoption of the submitted recommendation. (The Mayor re-entered the meeting and reassumed the chair.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, 1. Common Council approve an organizational structure which establishes the following as being civic departments falling under the authority provided to the City Manager:- 1) Municipal Operations (Works, Supply & Services, Parks, Engineering, Water & Sewerage) 2) Community Services (Recreation, Tourism and Communications) 3) Development Services (Planning, Technical Services, Housing & Property Management) 4) Human Resources 5) Finance 6) Fire 7) Environment and Infrastructure; 2. Common Council adopt the title of Commissioner or Chief as being that which is required under The Act To Provide For The Government Of The City Of Saint John to signify the administrative head of each of those departments; 3. Common Council discontinue use of the title of Assistant City Manager and that it be replaced with Commissioner; 4. Within the establishment, the Commissioner of Management Services be replaced with a position of Deputy City Manager, and that it remain vacant for the foreseeable future; and further that Mr. Daryl Wilson, Commissioner of Finance, be assigned those additional responsibilities associated with that of the Deputy City Manager, in that he shall assume all duties and responsibilities of the City Manager, should the City Manager be required to be absent on a short- term basis; and 84-817 COMMON COUNCIL SEPTEMBER 6, 1994 5. The following divisions as they are referred to in the Municipalities Act, to be headed by Managers within several departments, be created; namely, Parks, Saint John Visitor and Convention Bureau, Housing and Property Management, Engineering, Supply & Services, Water & Sewerage Services, Works Operations, Recreation, Planning and Technical Services, and that forthwith the persons occupying the present positions be under the control and supervision of the City Manager, including the appointment, promotion, dismissal and other administrative duties: AND FURTHER that the incumbents in the aforementioned positions be permitted to personally retain the title of Director. In reviewing the above report, Mr. Totten stated he is specifically seeking Council's support to implement changes within the City's organizational structure that will clarify some issue with respect to the accountability of staff members, to reduce the number of Council appointees, and to establish a new department of a sufficient size and with sufficient resources to allow for continued efforts in promoting the community, both to potential visitors and, more importantly, to our own citizens. Councillor Knibb advised that he concurs with the City Manager's rationale for the creation of a new department and asked for assurance that the appointment of an extra Commissioner will not be an expensive move. Mr. Totten advised that he is suggesting this be an in-house competition which would create a vacancy. Councillor Rogers noted that she finds it very difficult to accept the organizational change that is being put forward, expressed her concerns with the name of the department, as she feels it is the wrong connotation to a department of the nature in which its duties will be more fully explained, that when one speaks of community services, the Provincial government has just left that name and in the age where everyone is becoming very particular about what services should properly be provided by the levels of government, it is a drastic mistake to go to naming this newly created department the Department of Community Services; secondly, she feels that tourism is becoming fastly the number one industry in Canada and in some way by combining the different departments that the City is going to be creating another level of bureaucracy for the individual to make a decision; that she understands the City Manager's logic as far as trying to bring together more people so that cross training can take place, however, one thing that is being failed to recognize is the fact that cross- training is important, but the mega-dollars that are involved in tourism and public relations in New Brunswick, you should consider particular skills to deliver a product, and the one fortunate thing in Saint John is having a capable group of people who have led this province as far as hosting conventions and delivering tourists to southern New Brunswick; that Council is not giving credit that is due by amalgamating the forces that have been alluded to in the report for the many efforts and many hard years of work and suggested that the Directors have not spoken out truthfully about their feelings because they support the work of the City Manager and are being loyal to the administration; that unless you have the people with the proper vehicles in place, the structure is not going to work and noted that this report comes to Council without any names attached. Deputy Mayor McAlary advised that this reorganization will clear up some housekeeping issues and these departments will now report to a commissioner and that in the case of directors, she expressed the hope that they will realize this change will not delete any of their authority by not being a Council appointee, and that the Tourism Department will be able to playa larger role in community events. Councillor Gould, speaking in support to Councillor Rogers' comments with respect to the excellent work that the Director of Tourism has done in the past years, expressed the hope that the new structure will not interfere with her work. Councillor Coughlan suggested that this change is not a reflection on the job that the Department of Tourism has been doing, but that this will enhance the tourism aspect. Councillor A. Vincent advised that he disagrees with the recommendation of the City Manager for combining recreation and tourism. Question being taken, the motion was carried with Councillors Rogers and A. Vincent voting "nay". 9. The Market Square Corporation - Annual Reports Messrs. H. Meinhardt, Chairman; J. Shackleton, General Manager of the 84-818 COMMON COUNCIL SEPTEMBER 6, 1994 Market Square Corporation and Donna Burke of Ernst & Young, who is acting as the Assistant General Manager, were present at the meeting, and Mr. Meinhardt addressed Council and, referring to the 1993 Annual Report of The Market Square Corporation which is on the agenda of this meeting, read the Chairman's letter from this Report. Responding to a query from Councillor Gould as to the status of the list of deficiencies in the construction of Harbour Station, Mr. Meinhardt advised there are a few deficiencies which are underway and he expects a report from the contractor by September 9 which hopefully will see completion of the outstanding deficiencies and assured Council that there are sufficient holdback funds to complete the deficiencies if they are not corrected by October 1 and that he will report to Council as soon as they are corrected. Councillor Gould requested an explanation of "outside services" and was advised that the largest amount is for legal fees and Mr. Meinhardt agreed to supply the cost of legal services for the past five years. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the 1993 Annual Report of the Market Square Corporation be received and filed with appreciation. Question being taken, the motion was carried. Mr. Meinhardt presented the 1993 Annual Report of the Market Square Parking Garage and read from the Chairman's letter, noting that the Corporation is very pleased with the operation of Can park which operated the parking garage, and that their management agreement expires at the end of 1994 and this will be going to public tender; and noted that the opening of Harbour Station has made a significant change in revenues. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the 1993 Annual Report of the Market Square Parking Garage be received and filed with appreciation. Question being taken, the motion was carried. 11. Progress Payment Hilton Belvea Arena On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC0001 00768 Floor Fashions Limited Hilton Belyea Arena Flooring Original contract amount Total work done, Progress Estimate Number One Retention Payments previously approved Sum recommended for payment, Progress Estimate Number One, dated August 26, 1994 Holdback release. $ 22,996.00 24,196.00 Nil 20,566.60 $ 3,629.40 The change order in the amount of $1,200 resulting from overtime as the contractor was requested to work on weekends was questioned. Question being taken, the motion was carried. 84-819 COMMON COUNCIL SEPTEMBER 6, 1994 12. ProQress Payment Contract 94-3 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, namely:- 1. Contract 94-3 Rifle RanQe Municipal Services Galbraith Construction Ltd. Original estimated value of work Total work done, Estimate Number Two Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated August 30, 1994 Final release of holdback. $217,517.00 207,467.68 Nil 151,555.00 55,912.68 3,657.84 $ 55,912.68 Question being taken, the motion was carried. 13. Tender For Contract 94-13 Stan lev Street RetaininQ Wall On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, contract 94-13, Stanley Street retaining wall, be awarded to the low tenderer, Northern Marine Services Ltd., at the tendered price of $43,438, 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 94-16 KinQ's Square Walkwav Improvements On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, (1) contract 94-16, King's Square walkway improvements, be awarded to F. Andrew Simpson Contracting Ltd. at the tendered amount of $116,010; (2) the contract for Daniel K. Glenn Ltd. be extended to include the necessary inspection services; and (3) the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 15. Sand Cove Road/Gravel Pit ReveQetation On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager advising that, further to the report to Council on June 13 with regard to a revegetation project on land known as the Collins Pit located between Manawagonish 84-820 COMMON COUNCIL SEPTEMBER 6, 1994 Road and the Throughway, the project has now been completed and there should be vegetation evident in the next few weeks, and the City has now received a letter indicating that the next project will be on land known as the Government gravel pit located on Sand Cove Road, for which no permits are required from the City and work is expected to commence August 29, 1994 -- be received and filed. Question being taken, the motion was carried. 16. Riptide Seafood's Termination Of Lease In City Market Read a report from the City Manager advising that Gary and Cathy Thibodeau of Riptide Seafood have now determined that the operation of their seafood business in the City Market is not financially feasible and have requested to terminate their lease; 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, the lease between the City of Saint John and Riptide Seafood for space in the City Market be terminated effective September 3, 1994. Question being taken, the motion was carried. 18. Manawagonish Road Tree Preservation Committee's AUQust 22 Presentation Consideration was given to a report from the City Manager commenting on the recommendations made by the Manawagonish Road Tree Preservation Committee in its August 22 presentation to Council; and recommending that: (1) the trees identified for removal in the consultants report be removed immediately; (2) the trees identified as needing remedial action be reviewed by staff and those considered hazardous be removed; (3) the City Solicitor be directed to review the report and report back to Council with direction as to any legal implications associated with liability; (4) the Parks Department encourage the establishment of groups that wish to become stewards of the urban forest; (5) the Parks Department and the City Solicitor draft policies and by-laws aimed at tree protection; (6) the Parks Department, with the assistance of the Arbor Day Committee, develop "adopt-a-tree" programs; (7) the Parks Department work towards the development of an urban forestry section within that Department to address the issues facing Saint John's urban forest; and (8) the Manawagonish Road Tree Preservation Committee be encouraged to continue its work as an advocate for tree care and assist the City in working with residents to raise the awareness of the value of the urban forest. Reference was made to a letter from the Manawagonish Road Tree Preservation Committee, distributed earlier in the meeting. Councillor Knibb proposed a motion, which was seconded by Councillor Coughlan, that the above report be received and filed and the recommendation adopted. On motion of Deputy Mayor McAlary Seconded by Councillor Rogers RESOLVED that the above report be tabled for one week pending a review of the documentation presented to Council this date by the Manawagonish Road Tree Preservation Committee by the Director of Parks. Question being taken, the tabling motion was carried with Councillor Knibb voting "nay". 19. Proposed Amendment To Traffic Bv-Law. ParkinQ On Hanover Street 84-821 COMMON COUNCIL SEPTEMBER 6, 1994 On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the report from the City Manager advising that businesses on the south side of Hanover Street have requested that parking on their side of the street be limited to one hour, and staff has looked at the area and agrees with the request for short-term parking as a reasonable means of creating short-term customer parking; and recommending that the submitted amendment to the Traffic By-Law receive first and second readings and be referred to the Legal Department for appropriate action -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Hanover Street, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Hanover Street, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above proposed amendment be referred to the Legal Department for appropriate action. Question being taken, the motion was carried. 20. Section 39 Conditions 3636 Westfield Road Consideration was given to a report from the City Manager regarding the application of Saint John Marina Ltd. and Loyalist City Boatworks for a Municipal Plan amendment and re-zoning of the former Grand Bay Drive-In Theatre property at 3636 Westfield Road, for which the public hearing was held on July 25 at which time first and second readings were given to the Municipal Plan and Zoning By-Laws, with third reading of the proposed Municipal Plan amendment having been tabled on August 22 as were the requests of Messrs. Joseph C. Oliver and Lynn A. Nason to address Council in this regard prior to third reading; commenting on meetings held with the applicant and the individuals who objected to the application; and recommending that third reading of the re-zoning of 3636 Westfield Road be subject to a resolution pursuant to Section 39 of the Community Planning Act which would: (a) limit the use of the property to the storage of boats, cradles, a mobile home to serve as quarters for a watchman, as well as material and equipment used in the operation of Saint John Marina Ltd.; (b) no items be stored and existing vegetation be maintained within 200 feet of the Westfield Road; and (c) the existing sign columns be either removed or used and maintained to support a sign for the proposed uses, within one year of this resolution. 84-822 COMMON COUNCIL SEPTEMBER 6, 1994 On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above recommendation be adopted. Councillor Coughlan noted that letters have been received from Joseph Oliver, Howard Silliker, Margaret Macdonald and Lynn A. Nason and requests from Messrs. Oliver and Nason to make presentations to Council, and suggested that Council hear from them at this time in light of the fact that there have been strong suggestions in the correspondence that there has been some erroneous information provided at the public hearing and that Council has the right to hear from anyone prior to making the decision on the third reading; and asked that Council consider hearing from these persons in light of the seriousness of the suggestions and allegations made in the correspondence. The Mayor noted the motion on the floor, duly moved and seconded, to approved the recommendations. Councillor Coughlan proposed a motion, which was not seconded, that this item be tabled until Council considers item 22. Councillor Rogers requested clarification to the statement in the above report which states that with the approval of Council of this application a conditional use has been created which according to the Planning Act and by-law means the Planning Advisory Committee must review the proposed uses and consider the imposition of additional terms and conditions. Mr. Baird advised that the recommendation for section 39 conditions is before Council and the decision will be final; subsequent to third reading, the Planning Advisory Committee will need to look at the details of the proposal and may impose additional conditions, but it also has the opportunity to not impose additional conditions if it sees fit; that the zone that is being requested provides for two types of uses being permitted, those uses that are permitted as of right and those uses permitted subject to Planning Advisory Committee terms and conditions and that in many instances when the property is already zoned, the Planning Advisory Committee is simply reviewing the application with respect to appropriate terms and conditions, and Council is not involved; this matter involves a re-zoning application and as Council will recall the Planning Advisory Committee had moved a recommendation to Council to deny the application and therefore did not consider the aspect of whether the use is in the category of uses permitted outright or permitted subject to terms and conditions. Councillor Rogers questioned whether it is foreseeable that if this goes back to the Planning Advisory Committee that they could change the conditions and the usage. Mr. Baird advised that the Committee cannot change the section 39 conditions, and that he does not foresee additional terms and conditions being recommended. Responding to a query from the Mayor as to whether the conditions outlined in the report have come about as a result of continuous dialogue, Mr. Baird advised that there has been dialogue with both the applicant and the some of the adjacent property owners, both in person and by telephone, and noted that as indicated in the report there are some issues on which the adjacent property owners would like to see additional terms and conditions, but at this time staff is not in a position to recommend additional terms and conditions; he has discussed the nature of the recommendation with the applicant and there is general awareness, however, they do not have a copy of the report which is before Council this evening, although the contents have been discussed with the applicant. The Mayor suggested the matter be tabled, stating that as chairman he finds it a very confusing and difficult matter to follow. On motion of Councillor Coughlan Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table. Responding to a query from the Mayor as to whether dialogue has been ongoing among the parties and this is the solution, Mr. Baird replied that in his estimation of the positions of the parties, Mr. Brown and the adjacent property owner is not in agreement, and that the recommendation has been discussed with both parties. In response to the question of whether the applicant is in agreement with the 84-823 COMMON COUNCIL SEPTEMBER 6, 1994 recommendation, Mr. Baird advised that he has spoken to Mr. Brown and indicated the nature of the recommendation before Council and he would like to proceed with this matter, although as stated in the report, Mr. Brown has suggested he may have to come back to Council sometime in the future for additional uses if he finds that the nature of his business is such to not make this a profitable operation. Question being taken, the tabling motion was lost with the Mayor and Councillors chase, Gould, Knibb, McAlary, Rogers and Trites voting "nay". During ensuing discussion, Mr. Baird, responding to a query, advised that it is his understanding that boat owners will be able to paint and clean their boats which is part of the application. Councillor Coughlan expressed his concern in this matter in that this is a situation where the applicant has indicated he does not know what he might want to occupy this property in the future; noting that some marine operations in the community are not pleasant to look at, and he does not want to open the door for another eyesore for the residents in the western part of the city, and he cannot support the motion unless Council is prepared to listen to both parties. In response to Councillor Gould, Mr. Baird suggested that the recommendation reflects the meetings held with both parties although certain other items requested have not been included, and may be items the Planning Advisory Committee may wish to look at; such items in staff's opinion not being matters for section 39 conditions. Question being taken, the motion was carried with Councillors Coughlan and A. Vincent voting "nay". 21. Municipal Plan Amendment & Rezoning property on both sides of Mark Drive 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 Hughes Surveys & Consultants Ltd., concerning property on Mark Drive, have been completed, and that the date for objections expired on August 24, and that a letter has been received from Dawn Ankers, submitting a petition from property owners and residents of Silver Falls Park in opposition to the proposed amendment. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Hughes Surveys & Consultants Ltd. for a Municipal Plan amendment and re-zoning of property on Mark 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 October 17, 1994. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 22.(a) & (b) Municipal Plan Amendment & Re-ZoninQ 3636 Westfield Road 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, 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 third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. 84-824 COMMON COUNCIL SEPTEMBER 6, 1994 Question being taken, the motion was carried with Councillor Coughlan voting "nay". On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, By-Law Number C.P. 100-346 A 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, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) limit the use of the property to the storage of boats, cradles, a mobile home to serve as quarters for a watchman, as well as material and equipment used in the operation of Saint John Marina Ltd.; (b) that no items be stored and existing vegetation be maintained within 200 feet of the Westfield Road; and (c) the existing sign columns be either removed or used and maintained to support a sign for the proposed uses, within one year of this resolution. The by-law entitled, "By-Law Number C.P. 100-346 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 with Councillor Coughlan voting "nay". 22.(c) & (d) Requests of Joseph C. Oliver & Lynn A. Nason To Address Council & Letters from Joseph C. Oliver, Howard Silliker, Margaret Macdonald & Lvnn A. Nason Consideration was also given to the previous letters from Messrs. Joseph C. Oliver and Lynn A. Nason to address Council prior to third reading of the above-proposed amendments, which were tabled at Council's last meeting. Consideration was also given to letters from:- Mr. Joseph C. Oliver again requesting an opportunity to speak to Common Council, prior to the vote, when the third reading for the re-zoning of 3636 Westfield Road is scheduled; Mr. Howard Silliker commenting on his experience owning property bordering on the Saint John Marina, and advising that he wishes to attend the Common Council meeting for the third reading of this application and has asked Mr. Oliver to speak on his behalf; Margaret MacDonald notifying Common Council of the difficulties she has experienced as a result of owning property adjacent to the Saint John Marina, and that she has asked Mr. Oliver to speak to Council on her behalf; and Mr. Lynn A. Nason requesting that his agent or he be allowed to appear to be heard before the third reading of the proposed re-zoning of 3636 Westfield Road. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried with Councillor Coughlan voting "nay". 23.(a) Municipal Plan Amendment 75 CoburQ Street On motion of Councillor Knibb 84-825 COMMON COUNCIL SEPTEMBER 6, 1994 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 at 75 Coburg Street (NBGIC Numbers 15669 and 15214), located at the intersection of Coburg and Garden Streets and having a frontage of approximately 150 feet on Coburg Street and approximately 197 feet on Garden Street, from High Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 23.(b) Zoning By-Law Amendment 75 CoburQ Street On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "By-Law Number C.P. 100-347 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 75 Coburg Street (NBGIC Numbers 15669 and 15214), located at the intersection of Coburg and Garden Streets and having a frontage of approximately 150 feet on Coburg Street and approximately 197 feet on Garden Street, from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the use of the site is limited to professional and administrative offices, classrooms and/or residential accommodation within the existing building; (b) the existing parking area on Garden Street must be paved with asphalt and one of the entrances closed and landscaped along the sidewalk in accordance with a site plan prepared by the proponent and subject to the approval of the Development Officer, and no change of use permit will be endorsed by the Development Officer until the site plan is approved; and (c) the required improvements to the parking lot must be completed within one year of approval of the change of use permit. The by-law entitled, "By-Law Number C.P. 100-347 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. 24.(a) Municipal Plan Amendment, Portion of Fernhill Cemetery. Westmorland Road 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 opposite the end of Margaret Street, having a frontage of approximately 375 feet on Westmorland Road and being an approximately 2.5-acre portion of the Fernhill Cemetery property (NBGIC Number 316448), from Open Space to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 24.(b) Zoning By-Law Amendment, Portion Of 84-826 COMMON COUNCIL SEPTEMBER 6, 1994 Fernhill Cemetery. Westmorland Road On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "By-Law Number C.P. 100-348 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located opposite the end of Margaret Street, having a frontage of approximately 375 feet on Westmorland Road and being an approximately 2.5-acre portion of the Fernhill Cemetery property (NBGIC Number 316448), from "P" Park to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions:-(a) the use of the site is limited to the applicant's proposal to develop a funeral home and chapel; (b) all parking areas, loading areas, aisles, manoeuvring areas and driveways must be paved with asphalt and, where deemed necessary by the Development Officer, enclosed by poured-in-place concrete curbs to protect landscaped areas and facilitate proper drainage; (c) adequate site drainage facilities must be provided in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer; (d) all disturbed areas of the site which are not occupied by buildings, driveways, walkways and parking or loading areas must be landscaped; (e) the site must be developed in accordance with a site plan, prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, landscaped areas and other site features, and no building permit will be endorsed by the Development Officer (except site preparation and foundation) until the site plan is approved, such site plan shall be attached to the building permit for the development; and (f) all site improvements must be completed within one year of building permit approval. The by-law entitled, "By-Law Number C.P. 100-348 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. (The Mayor withdrew from the meeting whereupon Deputy Mayor McAlary assumed the chair.) 25.(a) Municipal Plan Amendment 1121 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Rogers 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 property located at 1121 Manawagonish Road (NBGIC Number 397430), having a frontage of approximately 105 feet on the street, from Low Density Residential to District Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 25.(b) Zoning By-Law Amendment 1121 ManawaQonish Road On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By- Law Number C.P. 100-349 A Law To Amend The Zoning By-Law Of The City Of Saint 84-827 COMMON COUNCIL SEPTEMBER 6, 1994 John", insofar as it concerns re-zoning the property located at 1121 Manawagonish Road (NBGIC Number 397430), having a frontage of approximately 105 feet on the street, from "R-2" One- and Two-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition restricting the use of the property to a motel/office or residential use. The by-law entitled, "By-Law Number C.P. 100-349 A By-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. 26. Zoning By-Law Amendment 284-295 Simms And 295-295 Sherbrooke Streets On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "By- Law Number C.P. 100-350 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning an approximate area of 35,964 square feet situated at 284-295 Simms Street and 291-295 Sherbrooke Street, being portions of NBGIC Number 392605 and NBGIC Number 391672, from "1-1" Light Industrial to "R-2" One- and Two-Family 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. 100-350 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. (Councillor Trites re-entered the meeting.) 27. ParkinQ Meter Bv-Law Read a letter from the Common Clerk submitting, for Council's consideration of third reading, the Parking Meter By-Law, pursuant to Common Council resolution of July 25, 1994 authorizing the necessary advertising pursuant to Section 12 of the Municipalities Act to eliminate the necessity of the Parking Meter By-Law being read in its entirety prior to third reading, following which the Act provides that a by-law may be read by section numbers only prior to third reading, if no member of Council objects. (Councillor Chase withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number M-118 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 Devices", be read a third time and enacted and the Corporate Common Seal be affixed thereto. Deputy Mayor McAlary, having noted that the above By-Law has been advertised under Section 12 of the Municipalities Act, requested the Common Clerk to read the By-Law by section numbers only, unless a Council member wished to object to this procedure; and advised that, if there are no objections to this procedure and, while or after the By-Law is being read by section numbers only, any member may ask questions; however, if there are objections, the By-Law will be read in its entirety unless the objection is withdrawn before the Common Clerk commences to read the By-Law in its entirety. 84-828 COMMON COUNCIL SEPTEMBER 6, 1994 The by-law entitled, "By-Law Number M-118 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 Devices", was read by section numbers only. Question being taken, the motion was carried. 28. Subdivision 284-295 Simms Street 291-295 Sherbrooke Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the submitted photo- reduced subdivision plan of eight serviced residential lots, as well as to any required municipal services or utility easements with regard to the subdivision at 284-295 Simms Street and 291-295 Sherbrooke Street; and (2) Common Council assent to the 885- square meter (9,526-square foot) parcel of land to be vested back into the Simms Street right-of-way as shown on the submitted tentative subdivision plan. Question being taken, the motion was carried. 29. Subdivision 2865-2885 Loch Lomond Road On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the submitted photo- reduced subdivision plan of Lots 94-1 to 94-3 with regard to 2865-2885 Loch Lomond Road; and (2) a cash-in-lieu dedication be accepted for the required land for public purposes for the subdivision. Question being taken, the motion was carried. 30. Subdivision 252-258 Prince William Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, (1) cash-in-lieu be accepted for the required land for public purposes for the proposed subdivision at 252-258 Prince William Street; and (2) Common Council assent to the proposed subdivision and any necessary utility and municipal services easement at 252-258 Prince William Street. Question being taken, the motion was carried. 31. Subdivision 230 Westmorland Road On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the preparation and execution of a City/Developer subdivision agreement with regard to 230 Westmorland Road to ensure the provision of the required work on Westmorland Road. Question being taken, the motion was carried. 32. Minister of Municipalities, Culture and HousinQ - 1995 Reduction Plan 84-829 COMMON COUNCIL SEPTEMBER 6, 1994 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from The Honourable Paul Duffie, Minister of Municipalities, Culture and Housing, advising that, further to his letter of July 6 informing Council of the components of the 1995 Reduction Plan, the Government has confirmed the measures taken to achieve the $8,481,500 reduction in fiscal transfers to municipalities for 1995, and the Department is currently in the process of discussing implementation of the Plan with the New Brunswick Geographic Information Corporation (NBGIC) and the Department of Finance and the process should be completed by October to ensure that municipalities have the information they require to prepare their budgets; and also advising that further details will be provided when the implementation plan has been completed -- be received and filed. (Councillor Chase re-entered the meeting.) Mr. Wilson noted that following discussions the representatives have agreed on an allocation of the funds, and that the city's portion of the amount will be approximately $1.5 million which will come in a number of ways; there will be reduced funding in the unconditional grant pool, and as well, the City will be paying for its share of assessing properties; that from the Provincial standpoint it was a way of spreading the burden throughout all taxpayers in the province, and while no one likes to see a cut of $1.5 million, if all of it had come from the unconditional grant it could have been in the vicinity of $2.5 million. Responding to a query from Councillor Knibb, Mr. Wilson advised that there was an $8 million reduction in 1994 and the City's share was approximately $1.7 million. Councillor Trites thanked Mr. Wilson, on behalf of Council, for his participation on this Committee and noted that the Cities of New Brunswick Association and the City have benefited from his input in the Committee. Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) 33. Queen Square Auto Inc. Application For Re-ZoninQ 170 Charlotte Street On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Queen Square Auto Inc. for the re-zoning of 170 Charlotte 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 October 17, 1994. Question being taken, the motion was carried. 34. Municipal Golf 2000 Rockwood Park Golf Course On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the letter from the Chairman of the Municipal Golf 2000 group submitting a copy of a letter forwarded by the group to the City Manager in connection with the proposal to place the operation of the Golf Course under contract -- be received and filed and referred to the City Manager. Councillor Coughlan asked that consideration be given to the request when the proposals come before the City Manager, noting that the group should have 84-830 COMMON COUNCIL SEPTEMBER 6, 1994 some participation in the decision. Mr. Totten advised that the City has received six proposals and presentations from the various individuals and groups will be made to city staff and a recommendation will be forthcoming to Council later this fall, that he has been in communication with this group and suggested they continue to meet with Messrs. Morrison and Palmer and let their views be known. Question being taken, the motion was carried. 35. The Saint John Law Society Justice Complex Court Facilities On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from The Saint John Law Society bringing Council current with its position with respect to the construction of combined justice complex court facilities, further to its letter considered by Council on July 25 and the appearance of its Secretary at the public hearing of August 8 concerning the Old General Hospital site; and advising that, based on acting in the best interests of the citizens of Saint John with respect to the demolition of the General Hospital site and upon being satisfied that the Uptown Saint John area will be further enhanced by the overall proposals, the Society has endorsed the construction of a new comprehensive justice complex on Waterloo Street on the site of the Old General Hospital -- be received and filed. Councillor Knibb questioned whether the City Manager interprets this as a commitment by the Provincial government to share in the development of the Old General Hospital site by making possible the money for a provincial justice complex on that site. Mr. Totten advised that as Council is aware, the developers are meeting with the Province and he would expect the Province to take a position within the next week on participation in the proposed development. Question being taken, the motion was carried. 36. FCM - Cities For Climate Protection CampaiQn On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the letter from the Federation of Canadian Municipalities submitting a copy of the Canadian Declaration on Climate Change and the Urban Environment, and advising that FCM's Policy Statement on Environmental Issues was reaffirmed at the Annual Conference in Winnipeg this year and includes a recommendation that municipal governments establish a policy target within their own jurisdiction of a 20% reduction in carbon dioxide emissions, and FCM has, pursuant to its Policy Statement, established a partnership with the International Council for Local Environmental Initiatives (ICLEI) on an international campaign, Cities for Climate Protection; and inviting Council to join the Cities For Climate Protection Campaign -- be referred to the City Manager, the Environment Committee and the Cities of New Brunswick Association Environment Committee. Question being taken, the motion was carried. 37. FCM - National Infrastructure Works ProQram On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from the Federation of Canadian Municipalities advising that it is following implementation of the National Infrastructure Works Program closely to ensure that as many municipalities as possible can share the benefits and that approvals move ahead rapidly; and requesting that, as if there are opportunities to build upon the program in the future FCM will need 84-831 COMMON COUNCIL SEPTEMBER 6, 1994 information on which to base its recommendations, the submitted questionnaire be completed, with Council's reply by September 7, 1994 to ensure that the municipality's experience with the program and its viewpoints are reflected in the analysis -- be referred to the City Manager. Deputy Mayor McAlary suggested a letter should be sent to the Federation advising that we have programs and have not received enough funding and would like to see further funding from the Federal and Provincial governments and continue this infrastructure program in the next few years. Mayor Higgins noted that he is attending a Federation of Canadian Municipalities meeting in Charlottetown this week and that one of the committees he has been appointed to is one on infrastructure and he will submit a report to Council. Question being taken, the motion was carried. 38. Lovalist City Festival - Branscombe Letter On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from Loyalist City Festival in response to the letter considered by Council on August 8 from W.C. Branscombe regarding the Festival -- be received and filed. Question being taken, the motion was carried. 39. Seniors Club Rotarv Admiral Beattv Complex On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that the letter from the Seniors Club at the Rotary Admiral Beatty Complex expressing appreciation for the help of Mr. Ken Campbell and his staff of Saint John Non-Profit Housing Inc. in rearranging the entire lounge at the Complex -- be received and filed. Question being taken, the motion was carried. 40. Sussex Moosehead Dry Oldtimers Hockey Team Sale of Alcoholic BeveraQes In Arenas Read a letter from Mr. Michael J. Dunfield, Tournament Organizer for Sussex Moosehead Dry Oldtimers Hockey Team's 5th Annual Oldtimers Hockey Tournament, advising that, while in previous years with previous councils, a room was made available to the host group in the arena for it to sell food and alcoholic beverages, namely, beer, for the past four years the Team has been denied with the only excuse being that no alcoholic beverages are allowed in the arena; and asking Council to write the Team a letter indicating its feeling, whether pro or con, toward the sale of alcoholic beverages in City arenas during oldtimers hockey tournaments. Councillor Coughlan proposed a motion, which was not seconded, that the matter be referred to Saint John Regional Exhibition Centre Commission, and Deputy Mayor McAlary proposed a motion to refer the letter to the City Manager. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the above letter be received and filed. Councillor Trites suggested that Mr. Dunfield be advised that Council feels that it is inappropriate for Common Council to be involved with discussions relating to decisions by other local councils. 84-832 COMMON COUNCIL SEPTEMBER 6, 1994 Question being taken, the motion was carried. 41. Jeremv Poplar - Use Of Tucker Park As VendinQ Site On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Jeremy Poplar requesting that Tucker Park be included as a vending site for the year 1995 as he would like to sell hamburgers, hot dogs, chips, pop, etc. at this site as currently there are no vendors there during the summer -- be referred to the City Manager. Question being taken, the motion was carried. 42. Saint John Unit of Canadian Cancer Society - SmokinQ Bv-Law On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that the letter from the Saint John Unit of the Canadian Cancer Society commending Council on passing the No Smoking By-Law, and advising that a favourable effect has been achieved, especially in the malls -- be received and filed. Question being taken, the motion was carried. 43. North End Residents and Business Association Inc. 441-443 and 467 Main Street On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that the letter from the North End Residents and Business Association Inc. following up complaints on several properties located at 441-443 and 467 Main Street, sharing concerns of the community that these buildings are a hazard to public safety -- be referred to the City Manager. Deputy Mayor McAlary advised that she has had a tour of the buildings in question, that they are very dangerous, have not been taken care of and present a very serious problem. During discussion, Mr. Bedford advised he will have a report prepared for the next meeting of Council. Councillor Trites requested the City Manager dialogue with the Fire Chief recognizing much quicker action can be taken if a building is considered to be unsafe from that perspective and from looking at the photographs submitted with the above letter, the matter deserves immediate attention. Question being taken, the motion was carried. 44. Blaine R. Harris - By-Law Respecting Earlv ClosinQ of Barber Shops On motion of Councillor Chase Seconded by Deputy Mayor McAlary RESOLVED that the letter from Mr. Blaine R. Harris advising that the By-Law respecting the early closing of barber shops in the City of Saint John only affects one side of the hair-care industry and allows for any beauty salon to do the services of a barber on any male clients who wish to get a haircut on Monday or any evening other than Friday, and that he is led to believe that this By-Law, under the Canadian Charter of Rights & Freedoms, shows discrimination against the barber grade only and does not affect the hairdresser trade at all; and asking Common Council to rescind this By-Law thus allowing each individual shop owner to make this decision of opening on Monday and/or evenings or to remain closed as they do at present -- be referred to the City Manager staff to liaise with the 84-833 COMMON COUNCIL SEPTEMBER 6, 1994 appropriate organizations. Question being taken, the motion was carried. 45. William and Brenda James Withdrawal From HeritaQe Area On motion of Deputy Mayor McAlary Seconded by Councillor Chase RESOLVED that the letter from William and Brenda James of 65 Clarendon Street informing Council of their decision to resign from the heritage area because it is beyond their means to maintain a home to the heritage standards -- be received and filed and permission be granted for withdrawal of the property from the heritage preservation area. Councillor Trites advised that he concurs with the request, however, asked that the proper process be determined to allow their withdrawal. On motion of Councillor Trites Seconded by Deputy Mayor McAlary RESOLVED that the above matter be referred to the City Manager for a report on the procedure required to exempt a property from the heritage preservation area. Question being taken, the referral motion was carried. 46. Fort LaTour Development Authoritv - Fort Site On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from the Fort LaTour Development Authority expressing appreciation for the City's arranging for cedar logs to be delivered to the Fort LaTour site; and advising that, in view of the positive interest now being shown, it is felt that it can continue with plans to develop a major nature tourist attraction for the City of Saint John -- be received and filed and they be thanked for construction of the pseudo fort. Question being taken, the motion was carried. *46A. Report from Commissioner of Finance Councillor Trites referred to the request by Councillor Rogers pertaining to the Commissioner of Finance giving an overview of the City's financial situation, noting that it was to take place following the public hearings and asked that such report now be presented. (Councillor Gould withdrew from the meeting.) On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that a report from the Commissioner of Finance regarding civic financing be added to the agenda for consideration at this time. 84-834 COMMON COUNCIL SEPTEMBER 6, 1994 Question being taken, the motion was carried with Councillor A. Vincent voting "nay". (Councillor A. Vincent withdrew from the meeting.) Mr. Wilson welcomed the opportunity to give Council and the public information on the state of the city's finances, especially in light of a news report indicating that the City was incurring a significant deficit and would have difficulty balancing the budget by year end; noting firstly, it is staff's desire to have a stable tax rate for as long as possible at $1.58 and secondly, staff is interested in spending only the amount of money and no more than the public has given the City to spend; that in 1994 with eight months gone he can report that at this point there is no reason why the City would not end 1994 in a balanced position; that perhaps where the reporting has gone a bit off track on this issue is because this year the City has funded about $1.6 million worth of early retirement enhancements and perhaps that has been interpreted as an amount that would create a deficit at year end, but as reported to Council previously, in the 1994 budget, as in other years, provision has been made for a certain amount of money to finance capital projects; in 1994 the City has approximately $1.6 million available for that purpose or any other purpose that Council might feel the money should be used for; that it is the feeling that rather than use the money to reduce the bonding requirement in 1995, the City would use that to finance the one- year early retirement enhancements that have been paid out; in summary the City does have an extraordinarily one-time expenditure and also happens to have funds in the budget which can be used to look after the early retirement; that the City does have other problems which have been highlighted before, namely problems created as a result of having 12 firefighters on the payroll for which there is no budgeted money, but there are other areas where the City is not spending as much and a few areas where revenues are up such as the landfill site, and at this point with less than four months to go he feels there is no reason why at the end of the year there may be a small surplus; that in 1995, as the Province continues taking away money, as mentioned earlier in the meeting another $1.5 million, the citizens should be aware there is a limit on how many years the City can go without increasing the tax rate; noting that as the City continues with reduced funding and new programs such as the new landfill site coming up in a couple of years, the City may be coming to the end of being able to guarantee a delivery of all these services without increasing the tax rate. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk