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1995-04-03_Minutes 85-200 COMMON COUNCIL APRIL 3,1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the third day of April, AD. 1995, at 4:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; W. Butler, Commissioner of Community Services; P. Woods, Deputy Commissioner of Finance; G. Yeomans, Manager, Accounting Services; B. Belyea, Budget Officer; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; J. Baird, Manager, Development Division, Planning; B. Malone, Planner; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and Reverend Ed Coleman of St. James the Less Anglican Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that minutes of the meeting of Common Council, held on March 27, 1995, be approved. Question being taken, the motion was carried. (Councillor M. Vincent entered the meeting.) The Mayor, noting the time of 4:00 o'clock, asked Council's permission to proceed with item 4 at this time, before his remarks under item 3. On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that Council proceed with item 4 at this time. Question being taken, the motion was carried. Councillor A Vincent asked if the Irving representatives would confirm that Council did not have a secret meeting but that the Irving representatives came in so that Council could indicate what it wanted. The Mayor clarified that, as arrangements were being made through the Commissioner of Environment and Infrastructure Services following the March 27 presentation to Council on behalf of residents of Midwood Avenue and Red Head Road for a neighbourhood meeting involving the Department of the Environment and the Irvings, Council took the opportunity on March 28, rather than telephoning and prior to any Committee of the Whole meeting, to ask the Irvings to come in to respond to the following questions:- (1) would they voluntarily stop construction until all questions are answered, to which a negative response was received; (2) would they be willing to come before Council on April 3 to make a public presentation as did the group represented by Mrs. Allen on 85-201 COMMON COUNCIL APRIL 3,1995 March 27, to which an affirmative response was received; and (3) would they be willing to meet with the City, as the facilitator, along with the Department of the Environment in a neighbourhood meeting to answer questions asked by Mrs. Allen at her March 27 presentation, to which an affirmative response was received; following which Council thanked the Irving representatives. The Mayor advised that he will chair, along with Mr. MacKinnon, a neighbourhood meeting with residents of Midwood Avenue and Red Head Road to discuss the waste treatment lagoon project and related topics, at 7:00 o'clock p.m., Thursday, April 6 at the Bayside Junior High School, at which time representatives of the Department of the Environment and Irving will be present. (Councillors Coughlan and Rogers entered the meeting during the above comments.) Councillor M. Vincent suggested that Council should deal with item 15 after the conclusion of item 4. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that Council deal with item 15 at the conclusion of item 4. Question being taken, the motion was carried. 4. Irving Representatives LaQoon 800 Bayside Drive Mr. W. Borland, Director of Environmental Affairs of J. D. Irving Limited, appeared before Council; introduced Mr. B. Drost of J. D. Irving Limited, Mr. W. Wolfe of Irving Forest Services Limited, Dr. M. Davachi of Acres International Ltd., and Mr. 1. Binotto of Irving Paper Inc.; and expressed the view that, after listening to the March 27 presentation to Council, there is a lot of misinformation in the community about the East Side project and obviously an apparent lack of communication about the project which has resulted in the vacuum created being filled with all manner of rumour and innuendo. Mr. Borland advised the Irving interests' intent to take responsibility for this unfortunate situation and to work to rectify that beginning with this briefing to Council and a continuation of it on Thursday night when they will join the City and the Province at a meeting of the residents of the Midwood Avenue / Red Head Road community to address any and all of the concerns that have arisen, as well as to continue with the communication efforts through the construction and operation of the facility at a level required by the community through the provision of information. Mr. W. Wolfe, through a slide presentation of maps, commented on the changes in the location of the project, and the reasons for the changes, since that proposed when the project started in 1992 as a result of Federal Government effluent regulations, as well as on the change in slope from three to one to a ten to one slope and the relocation of the berm, the need for more clay, and the reason for rock blasting last fall. Mr. Wolfe advised that it is the intent to live by the conditions imposed by the Planning Advisory Committee on the temporary use permit and try to minimize any disruptions in the area; and that, in working with Acres, water well samples have been collected and are presently being tested in Fredericton, with the agreement being that the Irving interests will replace any wells that have a poorer water quality than they currently do. Mr. Wolfe also advised that, in June 1994, Environment Minister Marcelle Mersereau indicated, by letter, that the treatment lagoon must be designed, constructed and operated to adequately treat effluent from the following sources: Barrington Industrial Services truck wash facility, Irving Environmental Services waste oil refining; made the observation that that is all one operation, being Barrington Industrial Services which buys used oil in and around the City, cleans out oil trucks, and separates the water from the oil with the water, about 3,000 gallons a day or 2 gallons a minute compared to 8,000 gallons a minute from the Irving Paper Mill operation, to go into the lagoon facility; and that the Minister's letter also included approval for all other operations associated with Irving Paper, including a new peroxide, bleaching and de- inking facility probably because, at the time, they were in construction and these are normal parts of newsprint paper machines and not any different from many other paper mills in Canada. Mr. Wolfe added that they have worked closely with the Federal 85-202 COMMON COUNCIL APRIL 3,1995 Environment people, the New Brunswick Environment Department and the City at every step in an attempt to keep all parties informed, and that earlier this date they put in a place a person to act as a communication coordinator between the residents and them. Mr. Totten made the observation that Council was provided with a copy of the correspondence from the Environment Minister referenced above as part of a report to Council in June 1994, and that he would undertake to have copies of it redistributed to Council; and the Mayor explained that he purposely asked the Irvings to make a general presentation because, in his opinion, the many questions posed on March 27 by Mrs. Allen on behalf of the neighbourhood will take time to answer, and all questions will be answered at the forthcoming neighbourhood meeting on April 6. Messrs. Wolfe and Borland responded to Council queries on the route to be travelled by trucks transporting clay, the testing of water in the wells in question, the possibility of odour and noise from the lagoon, the buffer zone and the proximity of the lagoon to the nearest residence, the size of area to encompass the lagoon, complaints about and notification of blasting, the outfall from the lagoon, harvesting of trees in the area, the environmental impact assessment process, the amount of clay being removed from the area concerned and the reference to future development of this area, the expected life span of the lagoon and the amount of effluent to go into it on a daily basis; and, with respect to possible leakage from the lagoon, Mr. Davachi explained that there would be some seepage, not leakage, from any structure built from the earth and that, while there is not going to be any leakage from this lagoon, there will be a small amount of seepage in the long-term, about 4 to 5 litres a day from the whole liner of the lagoon, including what would come through the rock inside the lagoon under the liner. The Mayor thanked the Irving representatives for their presentation to Council. (Councillor Coughlan withdrew from the meeting during the above discussion.) 3. Mayor's Remarks Mayor Higgins recognized the presence at the meeting of Mr. Jack McNamara and representatives of the Parkinson Society, and proclaimed April as Parkinson Awareness Month and April 24 to 30 as Parkinson Awareness Week in the City of Saint John. (Councillor Coughlan re-entered the meeting.) 15. Excavation Permit 331 Red Head Road Consideration was given to a report from the City Manager advising that, further to the Planning Advisory Committee's approval on March 23 of a temporary use application for the excavation of clay as requested by J. D. Irving, Limited with respect to 331 Red Head Road, Council has an opportunity to comment on the amount of security being recommended and must authorize the execution of any agreement, both items having been included to provide increased protection for the area residents; also advising that J. D. Irving, Limited, indicated that, if its excavation activity disrupted any of the wells of adjacent properties, it would provide new wells and the Committee required that this commitment be contained in a written agreement which cannot be executed unless it has been authorized by Council, as Section 101 of the Community Planning Act permits the City to enter into an agreement when a developer offers to establish conditions for a development that are in addition to those required in the Zoning By-Law; and further advising that acceptance of the security and execution of the agreement will provide the City with stronger ability to enforce compliance and it would not be possible to enforce the condition requiring security if the City were to refuse approval of a security amount and, similarly, the applicant's preparedness to replace damaged wells would be unenforceable if Council were to refuse authorization for an agreement to that effect. The report submits a proposed agreement with J. D. Irving, Limited, in this regard, and submits a recommendation for Council's consideration. 85-203 COMMON COUNCIL APRIL 3,1995 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $44,000 be accepted from J. D. Irving, Limited, as security to ensure the rehabilitation of 331 Red Head Road; and (2) the Mayor and Common Clerk be authorized to execute the submitted agreement. Mr. Baird responded to Council queries on the time period of the Irvings' offer to be responsible for providing new wells if their excavation activity disrupts any of the wells of adjacent properties, as included in the submitted agreement; the refilling of the excavated area and the type of fill to be used; and the hours per day and the days of the week when clay will be transported. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) Following a brief recess, the Council meeting reconvened. 3. Mayor's Remarks Mayor Higgins, reading from a prepared statement, referred to a question posed by Vice Chairman of the Planning Advisory Committee, Mr. Larry Hanley, in reply to a question by a presenter at the Committee's March 21 meeting in that, although he did not listen to both sides of the story nor check the facts before making any public statements, he had a 'knee-jerk' reaction to this question; and that, while he does not approve of the theme of the question, he did not review the transcript of the meeting, did not contact Mr. Hanley to get his side of the story, and did not know that Mr. Hanley contacted the presenter and apologized and the apology was accepted, and he cast doubt on the integrity and manners of Mr. Hanley and the members of the Planning Advisory Committee; and extended an apology to both Mr. Hanley and the members of the Planning Advisory Committee in this regard. (Councillor M. Vincent re-entered the meeting.) On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that Common Council extend an apology to Mr. Larry Hanley, Vice Chairman of the Planning Advisory Committee, and extend a vote of confidence in the Planning Advisory Committee, considering the dedication and amount of work put into this very valuable process. Question being taken, the motion was carried with Councillor Rogers voting "nay". The Mayor, noting the delegations present in the Council Chamber with respect to items 27 and 28, called for a motion to bring these items forward for consideration at this time. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that items 27 and 28 be considered at this time. Question being taken, the motion was carried. 85-204 COMMON COUNCIL APRIL 3,1995 27. Transit Commission Annual Report On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the 1994 Annual Report of the Saint John Transit Commission be accepted with appreciation for another excellent year. Messrs. R. Gorman, Chairman; and F. McCarey, General Manager, of the Saint John Transit Commission, were present at the meeting and responded to Council queries with respect to ridership and revenue; an increase from $2,749,960 in 1993 to $2,910,231 in 1994 in Transportation Expenditures due to increases in a number of items, including fuel, wages and fringe benefits; the cleaning program for buses; and the manner in which the Transit Commission has dealt with its budget reduction to which Mr. Gorman replied that, although last year the Commission anticipated its first deficit in about 10 years, the Commission is very pleased to be able to report a minimal surplus, and advised that the Commission is very pleased that it has been able to continue the same service that has been operated for a number of years, with no routes eliminated and no service reduction in 1994, although there has been some change in the routes or the service. Question being taken, the motion was carried. 28.(a) 1994 Financial Statements (b) Operating Highlights - General Fund And Water & Sewerage Utility (c) SinkinQ, Reserve And Trust Funds Consideration was given to a letter from Councillor Coughlan, Chairman of the Finance Committee, submitting the 1994 Financial Statements of The City of Saint John General Fund, The City of Saint John Water and Sewerage Utility, and The City of Saint John Sinking, Reserve and Trust Funds, as prepared by Coopers & Lybrand, and the City Manager's report on the Operating Highlights of the General Fund and the Water and Sewerage Utility; and proposing that the audited Financial Statements be adopted and filed. (Councillor Chase withdrew from the meeting.) Mr. Wilson, referring to the Operating Highlights of the General Fund, made the observation that, as a result of the operations in 1994, the City has been able to fully provide for all of the amount to pay for employees who have accepted the Early Retirement Program under the Workforce Adjustment Policy, not only those who have already left the City's employ in 1994 but those who will leave in 1995 and 1996, thus the provision in the income statement of approximately $2.9 million which represents the total commitment under that Program; and explained that, generally, the savings have been greater than anticipated in that, while projections were based solely on the salaries that would be saved by people going, there has also been a reduction in the amount being spent on goods and services as well in the materials those employees would use or fuel that would be used in vehicles, and also that the City was able to reduce by approximately $700,000 its expenditure with respect to the benefit of one months pay for every five years of service available normally for employees upon retirement as a result of employees leaving through the Early Retirement Program and the extension of the early buy-out of this program to one of the civic unions. Mr. Wilson noted the reduction by approximately $500,000 of the City's commitment to Market Square relevant to common area costs; the Harbour Station budget being approximately $270,000 less than the budgeted amount of $650,000; and increased revenue of approximately $230,000 from that anticipated from the landfill site and the approximate $280,000 above budget realized in interest income. Mr. Wilson concluded that a combination of those favourable underexpenditures and some extra revenue has enabled the City to fully provide for the Workforce Adjustment Program in the 1994 results which, of course, brings with it greater flexibility in 1995 and 1996 where the City only has to realize the savings from those people who are leaving. 85-205 COMMON COUNCIL APRIL 3,1995 (Councillor Chase re-entered the meeting.) (The Mayor withdrew from the meeting whereupon Deputy Mayor McAlary assumed the chair.) On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that the 1994 Financial Statements of The City of Saint John General Fund, the Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds, be adopted and filed. Representatives of Coopers & Lybrand were present at the meeting and, responding to Council queries, Mr. Hugh Tidby advised that, on the issue of controls, a management letter is currently in draft form which has not been reviewed by anybody at the City and should be in the City's hands within the next two weeks, and that, while there are a couple of items in the letter which deal with the whole question of controls, there is nothing that is going to come out of that that should give Council any cause for concern with regard to the 1994 Financial Statements and any suggestions may help to strengthen the controls somewhat and to streamline them; also advised that the audit was completed on March 14, having taken place since the December 31 year-end; and, having explained that the financial health of the City is really a function of the ability of it to meet its debt payments when they fall due, made the observation that long-term debt, when comparing this year with last year, is up by $11 million, with $17 million in new bonding having a $6 million repayment, and the total finance debt, which includes both current and long-term debt, represents 52% of revenue in the current year compared to 47% last year, which reflects that there is a slight worsening because of that increase in the amount of debt; and that the debt service cost in the current year is 11.6% compared to 11.5% last year, both of which are within very reasonable limits and indicate that the City is fully able to make those debt payments when they fall due. Mr. Tidby made the observation that, while a lot of municipalities do not provide for accrued interest, vacation pay, retirement allowances and any vested sick leave benefits, the City of Saint John has done that and managed to keep its budget balanced at the same time; and stated that his conclusion, based on both those issues, is that the City of Saint John is in a sound financial position. (Mayor Higgins re-entered the meeting and reassumed the chair.) Question being taken, the motion was carried. 5. Invoice Christmas Decorative LiQhtinQ On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the submitted invoice from The Power Commission of the City of Saint John, in the amount of $16,659.97, with respect to the 1994 Christmas decorative lighting. Question being taken, the motion was carried. 6. Tender For Removal Of SludQe On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of B & B Sludge, Sussex, be accepted, as per the submitted summary of bids, for the establishment of a two-year supply agreement for the removal of sludge from three City of Saint John waste water treatments facilities, namely, the Hazen Creek, the Thorne Avenue and the Millidgeville waste water treatment plants. Question being taken, the motion was carried. 85-206 COMMON COUNCIL APRIL 3,1995 7. Tender For Electrical Maintenance On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the tender of J.W. Electric Inc., as indicated in the submitted summary of bids, be accepted for the provision of electrical maintenance services to City-owned buildings, for a period of one year from the date of award by Council, with an option for a second term. Question being taken, the motion was carried. 8. Tender For PlumbinQ Services On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of George Byrne Plumbing be accepted, as indicated in the submitted summary of bids, for the supply of plumbing services for a twelve-month period, with an option to extend for an additional twelve-month period. Question being taken, the motion was carried. 9. Tender For Demolition Of Nurses Residence, Old General Hospital 199 Waterloo Street On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of F. Andrew Simpson Contracting Ltd., in the amount of $125,725, be accepted for the demolition of the Nurses Residence, Old General Hospital, 199 Waterloo Street (NBGIC Number 55048334), and that the Mayor and Common Clerk be authorized to execute the contract. During discussion Mr. Edwards advised that staff had some discussions with the low tenderer with respect to where he would take the debris and he has two sites in mind, both of which have been approved by the Department of Environment, with the site he has indicated as the one he would most likely use being on Grandview Avenue behind Classic Construction, known as Ryans Pit; and, with respect to possible cost sharing with the Province of demolition costs, Mr. Totten advised that, although staff has not been in touch with the Province since receiving the results of the above tender, the Province's offer was conditional on the City receiving title to the land and, if ultimately that is where the City would be, it is staff's impression that the offer still stands. Question being taken, the motion was carried. 10. Uptown Zones Consideration was given to a report from the City Manager advising that, while the Uptown Strategy approved by Council as an amendment to chapter six of the Municipal Development Plan in 1994 provides a framework for advancing the future vision of the Uptown, the actual implementation will be the result of numerous actions by the City and many private and public sector partners, and that amendment of the Zoning By-Law is one initiative which implements policies of the Uptown Strategy and for which the City has primary responsibility; submitting a proposed draft Uptown Zones and associated amendments to the Zoning By-Law which would permit an identical range of mixed uses to reflect an historical strength of Uptown Saint John, such approach being advocated by organizations such as the International Downtown Association and the American Planning Association; explaining that the distinctive 85-207 COMMON COUNCIL APRIL 3,1995 difference between the two zones is the scale of development accommodated by the zone standards as the Low Intensity Mixed Use (U-1) Zone is tailored to be compatible with the traditional scale of development in much of the Uptown, while the High Intensity Mixed Use (U-2) zone is intended to accommodate taller buildings where a contemporary "office tower" style is desired; 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 submitted draft Uptown Zones and associated amendments to the Zoning By-Law be received and filed and that a public consultation be initiated to review the draft By-Law amendments. (Councillors Coughlan, A. Vincent and M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. (Councillor A. Vincent re-entered the meeting.) 11. 1995 Annual Sidewalk Vendor Auction On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager advising that the total revenue from the 1995 Annual Sidewalk Vendor Auction amounted to $8,025, with 13 of 24 sites having been sold and the remaining 11 unsold sites to be available now on a first-come-first-serve basis for the remainder of the year at the minimum bid price of $200 -- be received and filed. Question being taken, the motion was carried. 12. Uptown ParkinQ Initiatives On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager submitting a Discussion Paper On Parking Initiatives In Response to The Uptown Strategy, which suggests options for implementation of Uptown Strategy policy but not reflecting City commitment to the suggested options at this time and which has been prepared to prompt thoughtful discussion by City departments and other partners in Uptown development, such as Uptown Saint John Inc. and the Board of Trade, and result in the preparation of a final report recommending a number of actions to implement the respective Uptown policies; and recommending that this report be received and filed and that Community Planning initiate public consultation based on the Discussion Paper -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 13. Cities Of New Brunswick Association Resolutions On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the following resolutions be endorsed and forwarded to the Cities of New Brunswick Association requesting its support and submission to the Province:- A. WHEREAS the Province of New Brunswick reduced funding available to municipalities by $2,500,000 in 1992 and 1993; and 85-208 COMMON COUNCIL APRIL 3,1995 WHEREAS the Province of New Brunswick reduced funding available to municipalities by $8,000,000 in 1994; and WHEREAS the Province of New Brunswick reduced funding available to municipalities by $8,000,000 in 1995; and WHEREAS these reductions have impaired the ability of municipalities significantly to provide the services which our citizens require, and this is evidenced by a reduction in the number of policemen and firemen in some of our cities; and WHEREAS cities are still attempting to adjust to reductions which have already been made; and WHEREAS any further reductions will be devastating to cities and their ability to provide services: BE IT THEREFORE RESOLVED that the Province put in effect a freeze on further reductions in the funding available to municipalities. B. WHEREAS the Final Report of the Commission on Land Use and the Rural Environment (CLURE) identified inequitable taxation structures that favoured unincorporated areas, at the expense of incorporated areas; and WHEREAS the CLURE Report recommended that the same basis or formula be used in calculating the tax rate for both incorporated and non-incorporated areas; and WHEREAS the Cities of New Brunswick suffer greatly from costs of providing services benefiting surrounding unincorporated areas, and loss of development to the surrounding unincorporated areas; and WHEREAS the Province of New Brunswick has not taken action to remedy the inequitable taxation structures: BE IT THEREFORE RESOLVED that the Cities of New Brunswick request that the Province of New Brunswick establish a minimum residential property tax of $1.50 per $100 of assessment for all unincorporated areas, and identify methods to ensure that through the property tax system incorporated areas, that benefit from regional service, pay their fair share. C. WHEREAS the City of Saint John and the Province of New Brunswick support recycling tires; and WHEREAS the City of Saint John is unable to pay the additional cost of this service; and WHEREAS the cost of recycling tires is not a cost that should be borne by those who use the tires: BE IT THEREFORE RESOLVED that the Cities of New Brunswick Association request that the Province of New Brunswick enact legislation which provides for the payment of a recycling fee at the time of purchase of a new tire. D. WHEREAS the City of Saint John and other municipalities are trying to enforce municipal by-laws which are enacted under the Motor Vehicle Act; and WHEREAS the ability to municipalities to enforce these by-laws is severely impaired by the inadequate fine structure in place: BE IT THEREFORE RESOLVED that the Province amend the Motor Vehicle Act to allow the Provincial fine structure to apply to municipal by-laws enacted under the Act. Question being taken, the motion was carried. 85-209 COMMON COUNCIL APRIL 3,1995 14. Subdivision By-Law Amendment On motion of Councillor Chase Seconded by Deputy Mayor McAlary RESOLVED that the report from the City Manager advising of staff's review of the existing Subdivision By-Law over the past twelve months to provide more flexibility and options for developers, a quicker approval process, more consistency with other City by-laws and policies, and an improved clarity of the document, as well as of the variety of proposed amendments which have resulted from this process; submitting a draft copy of the proposed Subdivision By-Law which identifies sections that would be deleted and new provisions, with further review and additional changes anticipated and further input to be sought prior to making a final recommendation; and recommending that Council refer this matter to the Planning Advisory Committee for a report and recommendation -- be received and filed and the recommendation adopted. (Councillor Coughlan re-entered and Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. Councillor Rogers made the observation that the Commissioner of Finance did not highlight the Financial Statements for the Water and Sewerage Utility, under item 28 above, whereupon the Mayor asked that the Common Clerk place this item on the agenda of the April 10 Council meeting. 16. Schedule of Council MeetinQs On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Common Clerk advising the schedule of Council meetings for the remainder of the term of the present Council -- be accepted. Question being taken, the motion was carried. 17. Municipal Plan Amendment And Re-ZoninQ 30 McGivney Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of John Setchell have been completed and the required waiting period for objections expired on March 29, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application of Mr. John Setchell for a Municipal Plan amendment and re-zoning of property at 30 McGivney Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on June 5, 1995. Question being taken, the motion was carried. 18. Municipal Plan Amendment And Re-ZoninQ 134 Sydney Street Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public 85-210 COMMON COUNCIL APRIL 3,1995 presentation regarding the submitted application of Harold E. Wright, Heritage Resources, have been completed and the required waiting period for objections expired on March 29, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application of Mr. Harold E. Wright, Heritage Resources, for a Municipal Plan amendment and re- zoning of property at 134 Sydney 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 June 5, 1995. Question being taken, the motion was carried. 19. Municipal Plan Amendment And Re-ZoninQ 1954 ManawaQonish Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application have been completed and the required waiting period for objections expired on March 29, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application for a Municipal Plan amendment and re-zoning of property at 1954 Manawagonish Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on June 5, 1995. Question being taken, the motion was carried. (Mayor Higgins withdrew from the meeting as he was not present for the March 13 public hearing of the proposed Municipal Plan and Zoning By-Law amendments with respect to 1721 Grandview Avenue, and the Zoning By-Law amendment with respect to 1032 Hillcrest Road, whereupon Deputy Mayor McAlary assumed the chair.) 20. (a) Municipal Plan Amendment & (b) Re-ZoninQ 1721 Grandview Avenue 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 redesignating on Schedule 2-A, the Future Land Use Plan, the western half of the property located at 1721 Grandview Avenue (being portions of NBGIC Numbers 335109 and 55021703), 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. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-369 A Law To Amend The Zoning By-Law Of The City Of 85-211 COMMON COUNCIL APRIL 3,1995 Saint John", insofar as it concerns re-zoning the western half of the property located at 1721 Grandview Avenue (being portions of NBGIC Numbers 335109 and 55021703), 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) the use of the property is limited to a used car sales lot and an autobody and repair shop; (b) no expansion to the garage is permitted; (c) no outdoor storage of equipment or materials and no derelict vehicles are to be kept on the property; and (d) no painting of vehicles is permitted after 8:00 p.m. The by-law entitled, "By-Law Number C.P. 100-369 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. 21. Zoning By-Law Amendment To Re-Zone 1032 Hillcrest Road On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-370 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning approximately 12 acres of land situated at 1032 Hillcrest Road (a portion of NBGIC Number 55033906), from "RS-1" One- and Two- Family Suburban Residential to "RR" One-Family Rural 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. 100-370 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 re-entered the meeting and reassumed the chair.) 22. (a) Municipal Plan Amendment & (b) Re-ZoninQ 135 McAllister Drive 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 redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with a frontage of approximately 150 feet on McAllister Drive and a depth of approximately 400 feet, located between the Simonds Arena and Exhibition Plaza at 135 McAllister Drive (a portion of NBGIC Number 307397), from Major Institutional 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 with Councillor Gould voting "nay". On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "By-Law Number C.P. 100-371 A 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 150 feet on McAllister Drive and a depth of approximately 400 feet, 85-212 COMMON COUNCIL APRIL 3,1995 located between the Simonds Arena and Exhibition Plaza at 135 McAllister Drive (a portion of NBGIC Number 307397), from "B-2" General Business and "P" Park to "SC" Shopping Centre 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) development of the re- zoned area shall be limited to the proposed expansion of the adjacent Exhibition Plaza development, resulting in a total floor area for the entire unenclosed mall of approximately 60,000 square feet; (b) drainage of the site will be constructed in accordance with a detailed drainage plan which will be prepared for the applicant by a registered engineer, licensed to practice in the Province of New Brunswick, and approved by the Chief City Engineer; (c) location, design and construction of access (including reinstatement of concrete curb/sidewalk) are subject to the approval of the Chief City Engineer; (d) parking area shall be paved and enclosed with poured-in-place concrete curbs; (e) all utility services will be located underground; (f) all areas not occupied by buildings, parking areas, driveways, loading areas and sidewalks shall be landscaped in accordance with a plan prepared by the applicant and approved by the Development Officer, such plan to illustrate a minimum of 20 feet of landscaped area between the road allowance and parking area; (g) no building permit (except site preparation) shall be issued without the plans required in (b), (c) and (f) being submitted and approved as required; and (h) all work required in (b), (c), (d) and (f) must be completed within one year of building permit approval. The by-law entitled, "By-Law Number C.P. 100-371 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 Councillors Gould and A. Vincent voting "nay". 23. Zoning By-Law Amendment To Re-Zone 1169 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-372 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 1169 Manawagonish Road (NBGIC Number 397760), having a frontage of approximately 100 feet and a depth of approximately 220 feet, from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional 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 subject site as a parking area must be in accordance with a detailed site plan, subject to the approval of the Development Officer, indicating the following improvements: (i) landscaping of the Manawagonish Road right-of-way between the street curb and the front lot line, along the entire frontage of NBGIC Number 397760, except for one driveway entrance having a maximum width of 30 feet; (ii) landscaping between the parking area and the lot line abutting 1165 Manawagonish Road (NBGIC Number 397752) in accordance with Zoning By-Law requirements (e.g. a 6.5-foot wide planting strip with trees, shrubs or hedge planted in a manner designed to interfere with vehicle headlights shining across property lines); and (iii) pavement of the parking area with asphalt and enclosure with cast-in-place concrete curbs to protect the landscaped areas and facilitate proper drainage; and (b) the improvements illustrated on the site plan must be completed within one year of adoption of this resolution. The by-law entitled, "By-Law Number C.P. 100-372 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. 85-213 COMMON COUNCIL APRIL 3,1995 24. By-Law To Repeal Billiard, Pool Rooms And BowlinQ Alleys By-Law On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "A By-Law To Repeal A Law To Regulate And License Public Billiard And Pool Rooms And Bowling Alleys In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Repeal A Law To Regulate And License Public Billiard And Pool Rooms And Bowling Alleys In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 25. Committee of the Whole Report Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on March 27, 1995, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, (1) the position of Director of Supply and Services be deleted from the Establishment; (2) the position of Director, Housing and Property Management, be deleted from the Establishment, and be replaced by the Grade 6 position of Manager, Real Estate and Facilities; (3) the position of Operations Data Technician be eliminated from the Establishment; (4) the position of Stenographer I, Housing and Property Management, be eliminated from the Establishment; (5) six General Foreman positions within Municipal Operations be deleted from the Establishment and be replaced by six Superintendent positions; (6) the positions of two Senior Project Engineers and Traffic Engineer be reclassified from Grade 5 to Grade 6, and the position of Project Engineer II be reclassified from Grade 4 to Grade 5; (7) the position of Manager, Development Control, Grade 6, be deleted from the Establishment and replaced by the position of Manager, Community Planning, Group 7; and (8) the position of Commissioner of Environment and Infrastructure, Grade 8, be reclassified to Grade 9, and be assigned the additional responsibilities formally associated with the position of Senior Transportation Advisor. April 3, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 25. Vacant Positions/Reclassification Issues On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. (Councillors Trites and M. Vincent re-entered the meeting.) 85-214 COMMON COUNCIL APRIL 3,1995 26. Committee of the Whole Report Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Tuesday, March 28, 1995, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the City reduce the administration fee to be paid by Saint John Non Profit Housing Inc. to $90,000 for 1995 and that notification be given that the City will be expecting full recovery of all costs beginning January 1, 1996. 2. That as recommended by the City Manager, Common Council authorize staff, as an interim measure, to extend benefits coverage arrangements to retired (seniors) former members of the Saint John Fire Department as follows: access to full prescription drug coverage, the opportunity to re-enroll, a refund in lieu of prescription drug coverage for the period April 1, 1994 to present, and the option of withdrawing from travel coverage, similar to those made for other retired seniors who are former employees of the City of Saint John. April 3, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 26(1). Saint John Non Profit Housing Inc.'s Administration Fee On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 26(2). Prescription Drug Coverage For Retirees (Seniors) Fire Department On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 2 of the above report be received and filed. Question being taken, the motion was carried. 29. FCM Re CCO On Extended Infrastructure ProQram On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Federation of Canadian Municipalities referring to Common Council resolution of January 16, 1995 submitting for consideration at FCM's 1995 Annual Conference a 85-215 COMMON COUNCIL APRIL 3,1995 resolution regarding an extended Infrastructure Program; and submitting a copy of the resolution in the manner in which it will be printed in the Policy Development Book which will be prior to the Conference, and delegates from the City of Saint John will have the opportunity to comment on the resolutions during Resolutions Policy Session - - be received and filed. Question being taken, the motion was carried. 30. Fundy SWAT RecyclinQ Survey On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from Fundy SWAT submitting a copy of the summary report, with key findings, of its recently-completed survey on recycling in the region which was conducted by Corporate Research Associates -- be received and filed. Question being taken, the motion was carried. 31. DouQ Nienhuis, The African Odyssey On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the letter from Mr. Doug Nienhuis submitting information on his personal project for a journey by bicycle through Africa during which time he will be writing and publishing The African Odyssey magazine; and asking for the City of Saint John to add its name to the list of subscribers -- be received and filed. Councillor Knibb initially proposed a motion for the Mayor to advertise the fact the above person is to be in Saint John on April 16 and give any other necessary comments, whereupon the Mayor asked that the letter be received and filed. Question being taken, the motion was carried. 32. Total Golf Management Inc. - 1995 Fees Rockwood Park Golf Course, Aquatic DrivinQ RanQe On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the letter from Mr. Gerry Connolly, President of Total Golf Management Inc. submitting for Council's approval, in accordance with the contract between Total Golf Management Inc. and the City, the proposed 1995 fees for the Rockwood Park Golf Course and Aquatic Driving Range; outlining his objectives and priorities in 1995; and advising that he will be in attendance at this Common Council meeting to address any issue at Council's request -- be received and the proposed 1995 fees be approved. The initial motion proposed by Councillor Coughlan and seconded by Deputy Mayor McAlary to receive and file the above letter was withdrawn upon Mr. Totten's observation that, under the terms and conditions of the agreement with Total Golf Management Inc., Mr. Connolly is committed to come before Council on an annual basis to make recommendations and have his rates approved for the ensuing year, and he asked for Council's support in this regard. Councillor M. Vincent asked if, with respect to process, the City Manager would want the matter referred to him for comparison or for Council's approval at this time, to which Mr. Totten replied that he would prefer to have action taken at this time, and Mr. Wilson advised that the season pass fees indicated in the above letter were actually in the agreement itself and have already been approved by Council; and expressed the understanding that the green fees are the same as last year with the exception of one that may have changed by fifty cents, so they seem to be very much in line with that to which the City is accustomed. Councillor M. Vincent asked, so as to establish a process, if the City Manager is 85-216 COMMON COUNCIL APRIL 3,1995 recommending that Council deal with the proposed rates when presented, to which Mr. Totten indicated in the affirmative. Question being taken, the motion was carried. 33. Allan Kincade - Teen PreQnancv On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Allan Kincade commenting on the issue of teenage pregnancy -- be received and filed. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk