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1995-03-13_Minutes 85-154 COMMON COUNCIL MARCH 13, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirteenth day of March, AD. 1995, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; W. Butler, Commissioner of Community Services; J. Baird, Manager- Development Division, Planning; W. Edwards, Building Inspector; B. Malone, Planner; G. Tait, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Deputy Mayor McAlary called the meeting to order, and Reverend David Warren of Saint John Foursquare Gospel Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on March 6, 1995, be approved. Question being taken, the motion was carried. 3. Municipal Plan Amendment And Re-ZoninQ 1721 Grandview 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 with a frontage of 100 feet and 200 feet in depth located at 1721 Grandview Avenue (NBGIC Numbers 335109 and 55021703), from Low Density Residential to Light Industrial classification; and (b) the proposed re-zoning of the same parcel of land from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, to place the existing autobody shop into conformity with the Municipal Plan and Zoning By-Law, as requested by Robert and Constance Crowe, and that no written objections were received in this regard, with a letter having been received from Wm. and Jane Johnston requesting Council to table the matter until the Planning Advisory Committee has held its meeting on March 21. Consideration was also given to a report from the City Manager advising that the Planning Advisory Committee cancelled its March 7 meeting as a quorum was not possible, nor was an alternative meeting possible prior to the public hearing for the above-proposed amendments; noting that Council has the discretion, after holding the public hearing on this date, to table the matter until such time as the Committee's recommendation can be provided, which is anticipated to be at the March 27 Council meeting, or to proceed with the application in the absence of the Committee's recommendation; submitting the Planning staff's report to the Committee for Council's information; and recommending that this report be received and filed. Mr. John Henderson, solicitor, of 900 Churchland Road, appeared in support of the above application, representing the owners of the property, Mr. and Mrs. 85-155 COMMON COUNCIL MARCH 13, 1995 Robert Crowe of 1721 Grandview Avenue; advised that Mr. Crowe is the provider for his children and wife and earns his income through an autobody shop which is not now in conformity with the City's By-Laws, thus his request for the subject By-Law amendments. Mr. Henderson circulated photographs depicting the subject premises during both the winter and summer as an indication of a well-maintained, attractive property; read a letter of support from Mr. Arthur Comeau of 500 Douglas Avenue, a copy of which he filed with the Common Clerk; and, referring to the above-submitted report from Planning staff recommending denial of the application, advised that his client would be willing to make whatever changes that are reasonable and fair in order to comply with the Light Industrial zoning, as well as with special conditions for a used car lot. Mr. Henderson commented on the history of the property in question in that at least three other body shops have operated on the subject premises over the years; noted Planning staff's comments in its report with respect to the manner in which the property is maintained and its appearance; expressed the view that the industry operated on the subject property does not significantly change the volume of traffic on Grandview Avenue; and, with respect to controlling substances such as smoke and fumes, made the observation that the applicant has already gone through the process of providing a filter to cut down on that and has taken proper effective action to ensure that smells are being eliminated. Mr. Henderson also advised that, in response to the Planning staff's indication that the residential building on the property would become a non-conforming use if the subject site was re-zoned to "1-1", the applicant has no objection to the subject lot being split down the centre to put the zoning on one side and his house on the other, nor any objection to Section 39 conditions being invoked so that only those uses currently present would be applied. Mr. Henderson further advised that the applicant would be put in a position of suffering a very severe hardship if his livelihood is taken away from him, and requested Council to remember that this is the way that the applicant provides both for himself and provides service to the community. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table until March 27, 1995, pending a recommendation from the Planning Advisory Committee. Question being taken, the tabling motion was carried. 4. Zoning By-Law Amendment To Re-Zone 1032 Hillcrest Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 12 acres of land situated at 1032 Hillcrest Road, being a portion of NBGIC Number 55033096, from "RS-1" One- and Two-Family Suburban Residential to "RR" One-Family Rural Residential classification, to permit the development of a rural residential subdivision consisting of new streets and one-family dwellings, as requested by Hughes Surveys & Consultants Ltd., and that no written objections were received in this regard. Consideration was given to a report from the City Manager advising that the Planning Advisory Committee cancelled its March 7 meeting as a quorum was not possible, nor was an alternative meeting possible prior to the public hearing for the above-proposed re-zoning; noting that Council has the discretion, after holding the public hearing on this date, to table the matter until such time as the Committee's recommendation can be provided, which is anticipated to be at the March 27 Council meeting, or to proceed with the application in the absence of the Committee's recommendation; submitting the Planning staff's report to the Committee for Council's information; and recommending that this report be received and filed. Mr. R. Turner of Hughes Surveys & Consultants Ltd., appearing in support of the above application, advised that his Company prepared the development plans, and expressed agreement with the recommendations of Planning staff. Referring to the matter of subdivision approval and approval of individual lots, Mr. Turner asked that staff review, for discussion at the Planning Advisory Committee meeting, the possibility of changing the boundaries somewhat so that approval could 85-156 COMMON COUNCIL MARCH 13, 1995 be given in the shorter term. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table until March 27, 1995, pending a recommendation from the Planning Advisory Committee. Question being taken, the tabling motion was carried. 5. Zoning By-Law Text Amendment Section 520. 51 Carleton Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to insert the following immediately after sub-clause 520(2)(c)(ii): "(iii) notwithstanding sub-clause (ii), a group care facility is permitted at 51 Carleton Street (NBGIC Numbers 39941, 37713, 37721, 38430 and 55088900)", to permit construction of a community correctional residential centre at 51 Carleton Street to house Federal offenders who have been conditionally released to the community by the National Parole Board, the proposed facility to replace the Community Correctional Centre located in the Saint John YM- YWCA, and that no written objections were received in this regard. Consideration was given to a report from the City Manager advising that the Planning Advisory Committee cancelled its March 7 meeting as a quorum was not possible, nor was an alternative meeting possible prior to the public hearing for the above-proposed amendment; noting that Council has the discretion, after holding the public hearing on this date, to table the matter until such time as the Committee's recommendation can be provided, which is anticipated to be at the March 27 Council meeting, or to proceed with the application in the absence of the Committee's recommendation; submitting the Planning staff's report to the Committee for Council's information; and recommending that this report be received and filed. Ms. Nancy Porter, Director of Parrtown Community Correctional Centre, addressing Council in support of the above application, noted the location of the Centre and the Area Parole Office of Correctional Services in the community for over 20 years, the former currently located on the fourth floor of the YM-YWCA, the latter at 61 Union Street; and advised that the Centre, while in its beginning accommodated up to 18 Federal-sentenced offenders on conditional release, has increased to 24 in the last few years. Ms. Porter explained that the Centre's facility in the YM-YWCA is not handicap- accessible and cannot provide accommodations for females, and it has been necessary to rent rooms outside of the accommodations in order to provide classrooms for delivery of ongoing programs being done by both facilities; apprised Council of work done in the community on behalf of the Centre and the Area Parole Office for education and awareness, including a community consultation process and an open house; and circulated an artist's rendering of the proposed facility. Ms. Porter, in response to Deputy Mayor McAlary, explained that a decision before the end of March, which is the year-end, is requested, otherwise there could be some financial consequence, whereupon Councillor Gould suggested that Council could consider two readings at this meeting and hold third reading so as to avoid a risk of delaying the matter beyond March 31. Councillor M. Vincent advised that, as Council ought to have the Planning Advisory Committee's report and as it has been indicated that waiting until March 27 does not cause a problem, it would be his intent to favour on the side of the proper process. Councillor Trites suggested that Council could proceed as indicated by Councillor Gould or table the matter until March 27 at which time, after giving first and second readings, an emergency could be declared in order to give third reading. Mr. Lloyd Betts, Vice Chair of the South Central Citizens Council, speaking in support of the above-proposed amendment, advised that there were no dissenting votes on the proposal when it came before the Citizens Council. 85-157 COMMON COUNCIL MARCH 13, 1995 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, by inserting the following immediately after sub-clause 520(2)(c)(ii): "(iii) notwithstanding sub-clause (ii), a group care facility is permitted at 51 Carleton Street (NBGIC Numbers 39941,37713,37721,38430 and 55088900)", be read a first time. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". 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, by inserting the following immediately after sub-clause 520(2)(c)(ii): "(iii) notwithstanding sub-clause (ii), a group care facility is permitted at 51 Carleton Street (NBGIC Numbers 39941,37713,37721,38430 and 55088900)", be read a second time. Question being taken, the motion was carried with Councillor M. Vincent 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 the above correspondence be received and filed. Question being taken, the motion was carried. Councillor Knibb suggested that third reading of the above-proposed amendment would be deferred until a recommendation is received from the Planning Advisory Committee, and Deputy Mayor McAlary made the observation that the date of March 27 for third reading should be part of the motion for first reading. 6. Zoning By-Law Amendment To Re-Zone 268 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 268 Golden Grove Road (NBGIC Number 311886), from "RS-1" One- and Two-Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, to operate a group care facility for approximately 10 residents, as requested by David Snyder, 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 February 28 meeting at which no one appeared and no letters were received with regard to the above matter; and recommending that Common Council re- zone the property located at 268 Golden Grove Road (NBGIC Number 311886), from "RS-1" One- and Two-Family Suburban Residential to "I-L" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act, limiting the use of the property to a group care facility licensed by the Province as a special care home for a maximum of ten residents. 85-158 COMMON COUNCIL MARCH 13, 1995 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 located at 268 Golden Grove Road (NBGIC Number 311886), from "RS-1" One- and Two-Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 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 Rogers Seconded by Councillor Knibb 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 268 Golden Grove Road (NBGIC Number 311886), from "RS-1" One- and Two-Family Suburban Residential to "IL-1" Neighbourhood Institutional 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 Councillor Rogers RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 7. Zoning By-Law Amendment To Re-Zone 40 CoburQ Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 40 Coburg Street (NBGIC Number 15479), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the establishment of a retail shop on the ground floor, in the space previously occupied by a professional office, as requested by Douglas Steen Architect 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 a report from the Planning Department considered at the Committee's February 28 meeting at which the applicant spoke on behalf of the proposed amendment, no one was in opposition and one letter was received asking that a guard rail be placed between the parking lot at the subject site and the adjacent building, but did not otherwise object to the proposed amendment, and the Committee was advised that the applicant and the author of the letter have subsequently reached an agreement in this regard; and recommending that Common Council re-zone the parcel of land at 40 Coburg Street (NBGIC Number 15479), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification. Mr. Douglas Steen of 9 Marlin Terrace appeared in support of his application; expressed agreement with the above recommendation, noting the consistency of the proposed re-zoning with the Uptown Strategy; and offered to respond to Council queries. 85-159 COMMON COUNCIL MARCH 13, 1995 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 at 40 Coburg Street (NBGIC Number 15479), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Rogers Seconded by Councillor Knibb 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 at 40 Coburg Street (NBGIC Number 15479), from "RM-1" Three-Storey Multiple 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 Councillor Chase RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 8. Amendment To North End Urban Renewal Scheme. Place 400. 400 Main Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to the North End Urban Renewal Scheme, adopted by Council on July 3, 1973, pursuant to Section 39 of the Community Planning Act, so as to allow the installation of two facia_signs, one on the north side and one of the south side of the Place 400 building at 400 Main Street, to identify the location of "Xerox" on the building, as requested by Design Art Signs for Xerox Canada, 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 a report from the Planning Department considered at the Committee's February 28 meeting at which no one appeared and no letters were received regarding the above application; and recommending that Common Council amend the Section 39 conditions limiting the development to its original proposal, as adopted by Council on July 3, 1973, to permit two facia signs, one placed on the north end and one on the south end of the building located at 400 Main Street (Place 400) (NBGIC Number 208). (Councillor Coughlan withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the North End Urban Renewal Scheme, adopted on July 3, 1973 pursuant to Section 39 of the Community Planning Act, to permit two facia signs, one placed on the north end and one on the south end of 85-160 COMMON COUNCIL MARCH 13, 1995 the Place 400 building located at 400 Main Street (NBGIC Number 208). (Councillor Coughlan re-entered the meeting.) Question being taken, the motion was carried. 9. Municipal Plan Amendment 120-124 Adelaide Street Public presentation was made of a proposed Municipal Plan amendment, as amended by the North End Neighbourhood Plan, to redesignate on Schedule 2-A, the Future Land Use Plan, an area of approximately 3,0000 square feet at 120-124 Adelaide Street (NBGIC Number 371484), from Medium Density Residential to Mixed Use (Residential and Commercial) classification, to permit the re-zoning of the subject property to allow a ground floor office for a contracting business, apartments and a rear addition to provide equipment storage related to the commercial business, as requested by Patrick Hickey of Hickey Property Management. (Councillor Chase withdrew from the meeting.) 11. Mayor's Remarks Deputy Mayor McAlary noted the St. Patrick's Week activities in the City; and extended congratulations on the nomination of The Telegraph-Journal newspaper for two national press awards. * Added Item On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the Saint John Harbour Bridge Authority's budget, which is on the Committee of the Whole agenda of this date as item 31, be added to the agenda of this meeting for consideration as item 27A. Question being taken, the motion was carried. * Added Item On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Stewart McKelvey Stirling Scales regarding an application to the Public Utilities Board, which is on the Committee of the Whole agenda of this date as item 31A, be added to the agenda of this meeting for consideration as item 27B. Question being taken, the motion was carried. (Councillor Chase re-entered the meeting.) * Added Item On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that a report from the Commissioner of Finance regarding a National Property Tax Study (copies of which were forwarded to Council members as an information item) be added to the agenda of this meeting for consideration as item 23A. Question being taken, the motion was carried. 85-161 COMMON COUNCIL MARCH 13, 1995 12. Weather Services Read a letter from Mayor Higgins submitting information from C.F. MacNeil, Regional Director for the Atlantic Region - Atmospheric Environment Branch of Environment Canada, regarding weather services in this area. Deputy Mayor McAlary noted the anticipated April 1, 1996 closure of Saint John's weather office and the resultant loss of jobs for Saint John with three employees affected, as well as the intent to provide direct access with a professional meteorologist via a 1-900 number and the continued provision of normal weather forecasts through various media means; and suggested that, as the City should have the use of a direct line free of charge to be answered by a person, a letter should be forwarded to C. F. MacNeil asking if the City could have access to a direct line to the Fredericton office. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that a letter be forwarded to C. F. MacNeil, Regional Director for the Atlantic Region - Atmospheric Environment Branch of Environment Canada, asking if the City of Saint John could have access to a direct line to the Fredericton weather office and insisting that steps be taken so that official weather records continue to be maintained in Saint John. Councillor Gould suggested that, as for over 100 years official weather records have been compiled in Saint John providing rainfall figures, snowfall, precipitation, temperatures and such which are available for a variety of uses and many people want this information on a continuing basis, the City should insist in the above letter that steps be taken so that these records can be maintained, and the mover and seconder concurred with this suggestion. Question being taken, the motion was carried. 12A. CMHC's Field Office Network Review Consideration was given to a letter from Mayor Higgins submitting a letter from the Provincial Director of Canada Mortgage and Housing Corporation advising that a review of CMHC's field office network has been completed and the implementation of the results of it will have an impact in the Saint John area in that the CMHC Saint John Office, where four staff are employed, will be closed sometime between July 1 and September 1, 1995, subsequent to which all CMHC activities in the area will be handled out of the CMHC Branch Office in Fredericton; and also advising that, when the new organizational structure is put in place, it will not impact on CMHC's ability to continue to provide quality service to clients in the Saint John area. A motion to receive and file the above letter, which was proposed by Councillor Knibb and seconded by Councillor Trites, was subsequently withdrawn during discussion. Councillor M. Vincent expressed the opinion that Council should not receive and file the above letter and give up on CMHC; asked, in view of the three factors stated in the letter from the Provincial Director of CMHC as having influenced the review, the number of service people to be available to the citizens of Saint John, from where will they be working and when will they be in Saint John to service clients, and also if, based on the given rationale for the changes to take place, this means that Saint John is to be treated different from Fredericton in that CMHC should have a policy that applies across the board; and suggested that, as the issue is not job loss but rather job transfer, it would be just as expensive and probably more so to work out of Fredericton as Saint John. Deputy Mayor McAlary suggested that this matter should be referred to the City Manager for information on the size of the CMHC office in Fredericton compared to that in Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent 85-162 COMMON COUNCIL MARCH 13, 1995 RESOLVED that the above matter be referred to the City Manager for information on the CMHC Office in Fredericton. Question being taken, the motion was carried. 10. Camille Kehoe - Fat Freddies Fries - Sidewalk VendinQ Issues Mrs. Camille Kehoe, co-owner of Fat Freddies Fries, addressed Council on the issue of sidewalk vending, and clarified that the issue is not that of out-of-town people purchasing sites as she has no problem with persons coming to the City to make an income, but rather that of sub-leasing. During discussion Mrs. Kehoe confirmed that, as read by Councillor Chase from the City Manager's report on the above matter under item 17 on the agenda of this meeting, her concern should be adequately addressed with the inclusion in the terms and conditions of sale that, if a vendor's license is issued, the licensee is prohibited from transferring, sub-leasing, assigning, sub-contracting or any disposition of said license. (Councillor M. Vincent withdrew from the meeting.) 13. Deans Hill Property Consideration was given to a letter from Councillor A. Vincent requesting that Council discuss the matter of the present owner and zoning conditions of the so- called Deans Hill property. Councillor A. Vincent noted the Section 39 conditions placed on the Deans Hill property on May 4, 1992, and asked for a status report on the option on this property, including whether or not the City issued a bill for deed preparation. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the above matter be referred to the City Manager and the City Solicitor for a report to Council. (Councillor M. Vincent re-entered the meeting.) Question being taken, the motion was carried. 14. ProQress Payment Contract 94-8 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 94-8, Cranston Avenue Water and Sewer Construction Fairville Construction Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated March 3, 1995 Partial holdback release. $425,564.00 357,025.56 1,800.00 323,152.15 32,073.41 2,098.26 $ 32,073.41 (Councillor Trites withdrew from the meeting.) 85-163 COMMON COUNCIL MARCH 13, 1995 Question being taken, the motion was carried. 15. Tender For Contract 95-1 Curb & Sidewalk Construction On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 95-1, curb and sidewalk construction, be awarded to Fairville Construction Ltd., at the tendered price of $1,079,259.60, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 16. BuildinQ & Technical Services On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager updating Council on personnel and organizational changes in the Building and Technical Services Department, as well as on the course of direction the Department is taking in 1995 -- be received and filed. Mr. Edwards, accompanied by an overhead slide presentation, apprised Council of the personnel and organization changes in his Department in an attempt to maintain a high level of service in both building inspection and by-law enforcement, and responded to Council queries in this regard. Question being taken, the motion was carried. 17. Sidewalk VendinQ & Auction Consideration was given to a report from the City Manager commenting on the unresolved issues raised by Council and the vendors at Council's March 6 meeting with regard to (1) sub-leasing / sub-letting of sites, (2) the Tourist Information Centre on Highway #1, and (3) Rockwood Park, as well as on a request by the owner of the mobile chip truck for the Parking Commission to reevaluate the proposed change of the site on Prince William Street from opposite the Old Post Office to opposite Saint John High School; and recommending that Common Council: (1) approve for auction 21 sidewalk sites and 3 metered sites as indicated on the submitted Schedule A, 3 of which are subject to Planning Advisory Committee approval; (2) authorize the Building Inspector to conduct an auction for sidewalk vending sites and subsequently issue sidewalk vending permits; (3) authorize a minimum bid of $200 for sidewalk sites; and (4) authorize a minimum bid of $500 for each of the metered sites. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council: (1) approve for auction 21 sidewalk sites and 3 metered sites as indicated on the submitted Schedule A, 3 of which are subject to Planning Advisory Committee approval; (2) authorize the Building Inspector to conduct an auction for sidewalk vending sites and subsequently issue sidewalk vending permits; (3) authorize a minimum bid of $200 for sidewalk sites; and (4) authorize a minimum bid of $500 for each of the metered sites. Question being taken, the motion was carried. 85-164 COMMON COUNCIL MARCH 13, 1995 18. Human Development Council FundinQ On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager referring to presentations to Council in October and November 1994 by The Honourable Jane Barry of cheques totalling $102,428.84, representing 50% cost sharing with the Federal Government's Canada Assistance Plan of financial assistance given to the Human Development Council by the City over the past few years; and recommending that, as the Human Development Council's grant request for 1995 was reduced by the City by $20,000, an amount of $20,000 be provided to the Human Development Council from the aforementioned funds to assist in providing its service during 1995 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 19. Encroachment On Adelaide Street Read a report from the City Manager submitting a report from the Legal Department advising of a request from Claire B. N. Porter, solicitor for the owner of 157- 159 Adelaide Street, for an easement to permit the encroachment of the dwellings upon Adelaide Street; and recommending that Council adopt the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the Mayor and Common Clerk, in consideration of the payment of $1.00, be authorized to execute a grant of easement in favour of Hamilton Realty Ltd., the present owner of 157-159 Adelaide Street, to permit the encroachment of the Company's buildings upon Adelaide Street, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. 20. Environmental Trust Fund Consideration was given to a report from the City Manager submitting, further to Councillor A. Vincent's indication at the February 27 and March 6 Council meetings that Saint John is not receiving its fair share of the awards from the Environment Trust Fund, a copy of a critique of the Environmental Trust Fund done by the New Brunswick Environmental Network; advising that, while this report has not analyzed the critique, it is clear that many of the projects support government departmental projects and are also used as the Provincial share of infrastructure projects, with Councillor A. Vincent's indication appearing to be true, although it is also true that the City has not applied for very many projects, which is where the difficulty lies; also advising that the Environmental Trust Fund Project Guidelines will be distributed to all City departments with the request that they submit applications on behalf of the City of Saint John and that community groups will also be encouraged to submit applications to the Trust Fund; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the Mayor write to the Minister of Environment to indicate Common Council's support of the Environmental Trust Fund, however, consideration should be given to those environmental projects that are not funded through departmental budgets, and that would have a major impact on the greater metropolitan area of Saint John, such as the maximum recycling project and the Harbour waste treatment project. Question being taken, the motion was carried. 85-165 COMMON COUNCIL MARCH 13, 1995 21. Development Facilitation Handbook On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager submitting a preview copy of the Development Facilitation Handbook, prepared for review and comment by the Community Planning Department, further to Council's approval in October 1992 of a process of development facilitation for enhanced service to the development community through training, restructuring of existing processes, automation, education and information, and amendments to the existing development control instruments (eg. Zoning and Subdivision By-Laws) -- be received and filed. (Councillors Chase and Coughlan withdrew from the meeting.) Question being taken, the motion was carried. 22.(a) Municipal Plan Amendment, (b) Re-Zoning Of Mark Drive Property; (c) Planning Advisory Committee's Report & Requests To Address Letters From (d) Moose Mountain Farms Ltd. eel HUQhes Surveys & Consultants Ltd. Consideration was given to third readings of the Municipal Plan and Zoning By-Law amendments with regard to property on both sides of Mark Drive, which were given first and second readings at Council's last meeting. Consideration was also given to the report from the Planning Advisory Committee and letters requesting to address the above matter from Douglas J. Brooks, Stephen R. Cronk, William C. Lewin, and Hughes Surveys & Consultants Ltd., which were tabled by Council on March 6 for consideration at this meeting. Consideration was also given to a letter from Moose Mountain Farms Ltd. (Scott Bros. Ltd.) expressing support for the above re-zoning application. Consideration was also given to a letter from Hughes Surveys & Consultants Ltd. confirming its availability at this meeting, should Council grant the privilege, to speak on comments of residents and questions on Council. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the opponents and proponents with regard to the above matter be invited to address Council at this time. Note was made of the necessity of a two thirds affirmative vote of the whole Council to adopt the above motion. (Councillors Chase and Coughlan re-entered the meeting.) Deputy Mayor McAlary made the observation that the above motion would include Messrs. Douglas Brooks, Stephen Cronk, William Lewin and Rick Turner. Question being taken, the motion was carried. In response to Councillor M. Vincent, Mr. Baird confirmed that a meeting was held on Thursday afternoon with City staff, the above-mentioned persons and representatives of the adjacent property that would be involved in the re-routing of Mark Drive in attendance. Mr. Douglas Brooks of 177 Mark Drive addressed Council on the basis of his major concern that no business park could be successful in an area which requires 85-166 COMMON COUNCIL MARCH 13, 1995 a round-about way to get to it, with the result being, if it was not successful, that the property in question would end up becoming unsightly as is the case with a City lot adjacent to his property. Mr. Brooks noted the traffic on Mark Drive and the lack of guarantee that a new street would go in; and during discussion Mr. Brooks advised that, with the road realignment, that he would go along with the proposed amendments. Mr. Stephen Cronk of 195 Mark Drive advised that neither of the two main questions involved were answered at the above-mentioned meeting, being when would the proposed road be built and who would pay for it; suggested that, although the proposed road is basically what was asked for if the area was to be re-zoned, maybe it should be looked at further in view of additional traffic that would result with the recent announcement of Mark's Work Warehouse, a Subway place and theatres, along with the two-proposed lots that Silver Falls Park wants now to develop; and expressed the view that the two lots in question should not be developed until such time as the road is in place. Mr. William Lewin of 207 Mark Drive expressed the opinion that the requirement for a road would stand on its own, whether or not there is any more re- zoning; and advised that, while he had been agreeable to the proposal to open up the two very small areas at the Loch Lomond end of Mark Drive lots with the road in place first, he came away from the above-mentioned meeting with his priorities realigned to the effect that he does not want any more business in the subject area as it is being surrounded now and is probably at the saturation point already. Mr. Rick Turner of Hughes Surveys & Consultants Ltd., in his remarks to Council, advised that his Company has been working on the development plans for the project on behalf of its client and, referring to a plan with coloured markings (copies of which he distributed to Council members at this time), pointed out the reduced area at or near the end of Loch Lomond Road for which development approval is now being sought, the full property, and the property required for the proposed road. Mr. Turner also advised that the Section 39 conditions, as well as various other restrictions as outlined, are acceptable to his client and that, in addition, his client accepts the conditions which effectively freeze development for the remainder of the property until an alternate provision is established and to transfer the necessary property to the City for the proposed alternate road, which would be done as soon as some details regarding the transfer are worked out and before any development takes place on the two-proposed lots. Mr. Turner made the observation that conveyance of the land for the road, giving control to the City, is a measure towards resolving the traffic problem; and noted the legislated time limits in regard to the proposed By-Law amendments on the basis that, while the opportunity to have the land provided for the road is important to the development of the road and the whole area, if something is not approved, it would work against moving forward in trying to resolve the traffic problem in terms of the City having control of that portion of property, and it does not provide for the answers to the questions of when will the alternate road happen and who will construct it. Mr. Turner also noted that, if approval is not received for the proposed amendments within the legislated time period and because of legislated limits, his client would not be able to have an application reconsidered by Council for one year and that, even after that year if he chose to reapply, moving ahead would be deferred by possibly as much as a year and a half or more, and that the interest of some of the other major property holders in the area might be lost, such as Moose Mountain Farms and McAllister Place Ltd.; and addressed comments made during the above presentations. Mr. Turner, in response to Council queries, advised that he does not have information at this time with respect to what businesses would locate in the proposed business park. Councillor Knibb, in noting his support at the last meeting for the proposed development, made the observation that the developer is, in fact, giving no guarantee at all about the building of the road and the vesting of the land with the City, and it is likely that the City would end up paying for the road, and also that, although he thought that there would no development until the road was done, development of two parcels would go ahead; and advised that he has now lost enthusiasm for the proposal. In response to Councillor Trites' query as to whether or not, should the legislated time limit on the application expire, this is viewed the same as defeating the application with respect to the time period for reapplication, Mr. Rodgers expressed the opinion that denial can take place several ways, including defeating the readings or not proceeding at all, and that the particular section was put in the Zoning 85-167 COMMON COUNCIL MARCH 13, 1995 By-Law for the purpose that, if Council chooses not to proceed with an application that is commenced, it is not faced with the same application week after week unless there is a new set of circumstances, meaning to say that it is not necessary to go through the process of having readings and having readings defeated to have the section operate. Councillor Trites commented on the matter on the basis of his view that the overall best interest is served in the status quo until the City gets an iron-clad plan on how it is going to get a road in the subject area without extreme expenditures of City capital dollars, which the City does not have. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above correspondence be received and filed and no action be taken on third readings. Question being taken, the motion was carried. 23. Zoning By-Law Amendment Re Townhouse Zone On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the Planning Advisory Committee submitting a copy of a report from the Planning Department regarding a proposed amendment to the Zoning By-Law to better facilitate townhouse development by creating a Townhouse Zone; and recommending that Common Council set a public hearing date and authorize advertising for the proposed "TH" Townhouse Zone and associated amendments to the Zoning By-Law -- be received and filed and the recommendation adopted, with the public hearing to be held on April 24, 1995. Question being taken, the motion was carried. *23A. National Property Tax Study Read a report from the Commissioner of Finance submitting a copy of his letter to Mr. Harold Waddell, President of Realty World-Canada, in response to Mr. Waddell's submitted news release concerning a National Property Tax Study. Councillor Knibb proposed a motion to receive and file the above report, and Councillor M. Vincent suggested that a letter should be forwarded to the author of the news release asking him to provide the back-up material and information on which he made the decision that Saint John is an exception to those Maritime City administrations who got the message about tax restraint. On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the above matter be referred to the Commissioner of Finance for a report at the next meeting. Question being taken, the motion was carried. 24. Midwood Avenue Residents' Request To Address Council IrvinQ Paper Water Treatment LaQoon 800 Bayside Drive On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from Nancy Allen, on behalf of residents of Midwood Avenue, requesting to appear before Council to express concerns regarding Irving Paper Ltd.'s proposed water treatment lagoon at 800 Bayside Drive -- be received and the residents be given an opportunity to be represented at Council's meeting of March 27, 1995. 85-168 COMMON COUNCIL MARCH 13, 1995 Question being taken, the motion was carried. 25. United Empire Loyalists' Association Of Canada New Brunswick Branch. Celebration of May 18 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from The United Empire Loyalists' Association of Canada, New Brunswick Branch, advising that it is in the process of developing plans and events to celebrate the landing of the Loyalists on May 18 to mark the 212th anniversary of that historic event; and asking if the City of Saint John will be sponsoring some events so that the double celebration can be coordinated -- be referred to the City Manager and Public Affairs Manager Kenneth Galbraith. Question being taken, the motion was carried. 26. United Empire Loyalists' Association Of Canada New Brunswick Branch. HiQhway Welcome SiQns On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from The United Empire Loyalists' Association of Canada, New Brunswick Branch, objecting to the removal of the Loyalist Man symbol from the signs on the highways coming into the City -- be referred to the City Manager for input from Mr. Ron Howard as to a current and appropriate Loyalist person or persons. A motion was proposed by Councillor Coughlan and seconded by Councillor Knibb to receive and file the above letter, such motion subsequently withdrawn in view of Deputy Mayor McAlary's suggestion that the City should keep the Loyalist Man symbol and perhaps update it and that Mr. Ron Howard, who created the first Loyalist Man symbol in the City, has indicated that, on his own time, he would prepare a design for both a Loyalist Man and a Loyalist Woman and should be given the opportunity to prepare a design for the City Manager's review. Question being taken, the motion was carried. 27. Bob Murray - Mayor's Salarv On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the letter from Mr. Bob Murray commenting, as a former resident of Saint John and now a resident of Sydney, Nova Scotia, on the salary for the Mayor -- be received and filed. Question being taken, the motion was carried. *27 A. Saint John Harbour BridQe Authority BudQet Consideration was given to a letter from Mr. Elmer F. Mersereau, General Manager of the Saint John Harbour Bridge Authority, submitting, in compliance with the agreement between the Government of Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966, specifically paragraph 5, four audited copies of the proposed Budget of Estimated Expenditures for the fiscal year ending March 31, 1995; and requesting that, as copies have been duly executed by the Government of Canada and the Province of New Brunswick, all four copies be signed by the City of Saint John and returned to the Authority, with a fully-executed copy to be returned to the City for its records; and also submitting a projection of traffic and revenue for the corresponding fiscal year. 85-169 COMMON COUNCIL MARCH 13, 1995 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the Mayor and Common Clerk be authorized to execute the proposed Budget of Estimated Expenditures for the fiscal year ending March 31, 1995 of the Saint John Harbour Bridge Authority, in compliance with the agreement between the Government of Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966. Councillor Rogers, a member of the Saint John Harbour Bridge Authority, responded to Council queries with respect to expenditures for repairs and travel. Question being taken, the motion was carried. *27B. Stewart McKelvey Stirling Scales Application To Public Utilities Board On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Stewart McKelvey Stirling Scales, solicitors for Irving Oil Limited in connection with an application by it pursuant to the Pipe Line Act with regard to a pipeline near Lancaster Mall; asking for acknowledgement of receipt of the submitted copy of the Notice of Hearing -- be referred to the City Manager. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk