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1995-04-10_Minutes 85-217 COMMON COUNCIL APRIL 10,1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of April, 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; P. Groody, Commissioner of Human Resources; 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; J. Baird, Manager, Development Division, Planning; W. Edwards, Building Inspector; J. Bezanson, Heritage Planner; P. Asimakos, Planner; 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 Jamer of Saint John Alliance Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on April 3, 1995, be approved. Question being taken, the motion was carried. 3. Municipal Plan Amendment And Re-ZoninQ 2219 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 9-A, the Staging Plan, approximately 33 hectares (82 acres) at 2219 Loch Lomond Road, located along Loch Lomond Road (between 2201 and 2281), Foriere Drive, Americo Road (undeveloped) and Graham's Brook, from Stage 2 to Unstaged classification; and (b) the proposed re-zoning of the approximately 31 hectares (78 acres), being NBGIC Numbers 325043,327114,327122,447193,447201 and 55036891, from "RS-1" One- and Two-Family Suburban Residential, "R-1 B" One- Family Residential, "R-2" One- and Two-Family Residential and "RM-1" Three-Storey Multiple Residential to "RR" One-Family Rural Residential classification, to permit the development of a one-family rural residential subdivision with approximately 25 unserviced lots and new public streets, as requested by Dante Foriere, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and two letters from area residents considered at the Committee's April 4 meeting at which Mr. Richard Turner of Hughes Surveys & Consultants Ltd., representing the applicant, indicated that the landowner recently commissioned his services and expressed a desire to discuss this matter further with staff; also advising that the matter is expected to be reconsidered by the Committee on April 19; and recommending that Council hold the advertised public hearing but not make a decision until a recommendation from the Planning Advisory Committee can be provided. 85-218 COMMON COUNCIL APRIL 10,1995 Mr. R. Turner of Hughes Surveys & Consultants Ltd. appeared in support of the above-proposed amendments and, having noted that Planning staff's recommendation in this regard is not favourable, advised that Hughes Surveys & Consultants Ltd. has been asked by the applicant to review the servicing options and associated costs and, as indicated in the above report from the Committee, to further review this information with staff which should demonstrate that municipal servicing of the subject area is not feasible at present and not likely in the foreseeable future, but is hoped to result in a more favourable recommendation through staff; with regard to the second aspect of the application, being subdivision approval, also advised that, having been requested by the applicant to review the plan that he had prepared, it is the intention to revise the lay-out so that it will address a number of concerns that were expressed by staff in its report; and concluded that Council's tabling of this matter pending further review would be appreciated. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Mr. Dante Foriere for a Municipal Plan amendment and re-zoning of 2219 Loch Lomond Road be laid on the table. Question being taken, the tabling motion was carried with Councillor A. Vincent voting "nay". 4. Municipal Plan Amendment And Re-ZoninQ 244 & 250 Duke Street West 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, two parcels of land with a combined street frontage of 80 feet and approximately 101 feet in depth located at 244 and 250 Duke Street West (NBGIC Numbers 361873 and 361881), from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same parcel of land from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, to permit an addition to be constructed for use by Lester Trophies Ltd., as requested by Lester Trophies Ltd., and that a letter of objection to the proposed amendments was received from John H. Johnson and M. E. Susan Johnson. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter of concern about the above application considered at the Committee's April 4 meeting at which the applicant appeared to answer questions from the Committee and one neighbour spoke regarding the placement of a fence to deter loitering if the proposed addition were approved; and recommending that Common Council: (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Low Density Residential to District Centre Commercial classification, two parcels of land located at 244 - 250 Duke Street West (NBGIC Numbers 361873 and 361881); and (2) re-zone the same parcel of land from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, two parcels of land located at 244 and 250 Duke Street West (NBGIC Numbers 361873 and 361881), from Low Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 85-219 COMMON COUNCIL APRIL 10,1995 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, two parcels of land located at 244 and 250 Duke Street West (NBGIC Numbers 361873 and 361881), from Low Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning two parcels of land located at 244 and 250 Duke Street West (NBGIC Numbers 361873 and 361881), 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 Chase 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 two parcels of land located at 244 and 250 Duke Street West (NBGIC Numbers 361873 and 361881), 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 Trites RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 5. Section 39 Amendment To Re-ZoninQ 225 Chesley Drive The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the 1973 re-zoning of an approximately 79,000-square foot parcel of land at 225 Chesley Drive (NBGIC Number 55072656, formerly part of NBGIC Number 426155), located on the northeast corner of Chesley Drive and Bentley Street, as amended on November 13, 1990, to permit consolidation of a portion of the site with the adjacent property located at 55 Bentley Street (NBGIC Number 369108), for use as a parking area, subject to such further conditions as Council deems necessary, as requested by Victoria Film Services Limited, and that no written objections were received in this regard. 85-220 COMMON COUNCIL APRIL 10,1995 Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter given to the Committee by the applicant at the Committee's April 4 meeting requesting that the application be tabled; advising that the Committee agreed to the applicant's request; and recommending that the public hearing be held as advertised but no decision be made at this time. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, the application of Victoria Film Services Ltd. for an amendment to the Section 39 conditions of re-zoning of 225 Chesley Drive, be laid on the table. Question being taken, the tabling motion was carried. 6. Municipal Plan Amendment 2412 Loch Lomond Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land use Plan, a parcel of land located at 2412 Loch Lomond Road (NBGIC Number 329086), having a frontage of approximately 89 feet on Loch Lomond Road and an area of approximately 4 acres, from Low Density Residential to District Centre Commercial classification, to permit the re-zoning of the parcel of land from "RS-1" One- and Two-Family Suburban Residential to "B-2" General Business classification and subsequent conversion of the existing private garage on the site for use as a small engine repair shop, as requested by Frederick Leon Corscadden. 7. Municipal Plan Amendment Sand Cove Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land having a frontage of approximately 3,600 feet on the south side of Sand Cove Road and an area of approximately 99 acres, extending from Sand Cove Road to the Bay of Fundy, being NBGIC Number 55092001 and part of NBGIC Number 403493, from Low Density Residential and Open Space to Heavy Industrial classification, to permit the re-zoning of the parcel of land from "RF" Rural to "1-2" Heavy Industrial classification and subsequent development of a solid waste disposal site for Irving Pulp & Paper Limited, as requested by Irving Pulp & Paper, Limited. 1 O. Mayor's Remarks Deputy Mayor McAlary, having noted the bouquet of daffodils in the Council Chamber, read a news release from the New Brunswick Division of the Canadian Cancer Society on its Annual Daffodil Campaign, the daffodil being the Society's symbol of hope; suggested that citizens who have not been enumerated for the forthcoming municipal election should contact the Municipal Elections Office; commended Saint John Fire Fighters Douglas Trentowsky, Michael Shelley, Peter Woodhouse and Peter Alexander, and Saint John Police Constable James Fleming for their exemplary performance on April 1 in saving a Saint John woman after her car plunged off Red Head Road into Courtenay Bay; and displayed an award received on behalf of the City by Mayor Higgins from the Hearthstone Agency in recognition of the City's contribution to employment equity in its employ of Emily Scholten since January 1993. Councillor Knibb, having noted the presence at the meeting of Mr. Hugh Tidby of Coopers & Lybrand, suggested that Council should bring forth item 19 for consideration. 85-221 COMMON COUNCIL APRIL 10,1995 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that Council consider item 19 at this time. Question being taken, the motion was carried. 19. 1994 Financial Statements Water And SeweraQe Utility Consideration was given to a report from the City Manager advising that, as directed by Council at the last meeting for staff to place the 1994 Audited Financial Statements of the Water and Sewerage Utility Fund on the agenda of this meeting on the basis that a satisfactory explanation was not provided as to the results of operations, the Commissioner of Finance will provide a short overview of the results of operations and respond to Councillors' questions, after which it is recommended that the this report be received and filed. Mr. Wilson, in highlighting the 1994 Financial Statements of the Water and Sewerage Utility, explained that the excess of revenue from operations of approximately $273,000 enabled the City to reduce the accumulated deficit to approximately $515,000 as the Utility actually generated more revenue than it had expenses in 1994, although not enough to completely eliminate the deficit; pointed out that this favourable result was achieved even by fully providing approximately $258,000 for employees of the Utility who took the Early Retirement Program under the Workforce Adjustment Policy; and made the observation that the majority of the savings was within fiscal charges where the interest expense was much less than anticipated. During discussion Mr. Wilson explained that, in this type of operation, being a Utility, there is a high percentage of debt service because, basically, the business is building treatment plants and underground transmission lines which is very heavily capital intensive, and that staff feels that its percentage of debt is certainly affordable and enables the City to deliver service at a reasonable price and without major increases; and Mr. Tidby advised that the systems used in preparing the Financial Statements for the Water and Sewerage Utility are very similar to those used in preparing the Operating Financial Statements of the City of Saint John itself, so those systems are sound; and, as far as the Utility is concerned, advised that Mr. Wilson has given a fair representation of the Utility's state of health; noted the decline since last year in the $818,567 deficit to a $545,612 deficit and the fact that, in the last two years, the Utility has made a profit other than the fact that the old deficit has to be retired against it; and expressed the opinion that the Utility is generating sufficient funds to underwrite the debt load it is carrying. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. (Councillor Chase withdrew from the meeting.) 11. Street CrossinQ Market Place West On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that the letter from Councillor Rogers relating an incident at Market Place West adjacent to the Carleton Community Centre which has raised the concern of area residents about safety in general for young people in the area; advising that the residents would like Council to investigate 85-222 COMMON COUNCIL APRIL 10,1995 the following issues: (1) an automated pedestrian crosswalk; (2) closure of one of the gate openings in the playground; and (3) the speed limit, as well as the potential for a four-way stop sign at the bottom of Winslow Street -- be referred to the City Manager for a report to Council and a copy be forwarded to the Saint John Board of Police Commissioners. Councillor Rogers, in reading her letter, asked that the Traffic Engineer also investigate the potential for a four-way stop sign at the bottom of Winslow Street, and that the letter also be referred to the Saint John Board of Police Commissioners. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. 8. Greater Saint John Economic Development Commission Enterprise Saint John Activity Report Consideration was given to a letter from Enterprise Saint John submitting its Activity Report to be presented at this meeting. Mr. Harry Gaunce, Chairman of the Greater Saint John Economic Development Commission, noted the presence at the meeting of Commission members Herb Duncan, Neil McKelvey and David Barry, and Enterprise Saint John staff Stephen Carson, General Manager; Christianne Vaillancourt, Business Development Coordinator, and Kathy Brogan, Coordinator of Administration/Public Relations; and, accompanied by a slide presentation, read the portion of the Activity Report on Enterprise Saint John's image, employees, relocation to the Business Resource Centre in September 1994, committees, achievements in raising the profile of Saint John nationally, and promotional activities. Mr. Carson presented the portion of the Activity Report dealing with Enterprise Saint John's efforts in promoting economic development in the City; and, in summary, expressed the view that it is imperative to enhance open communication and cooperation among the community, the mayors and councils of the Fundy Region, the MLAs and the MPs in a unified effort to tackle issues, with Enterprise Saint John taking a lead role in facilitating this relationship. Deputy Mayor McAlary thanked the members of the Commission and Enterprise Saint John for their presentation. 9. Preservation Review Board Public Opinion Survey & Action Plan Mr. Donald F. Gillis, Chairman of the Preservation Review Board, presented a report (copies of which were previously forwarded to Council members) on the public opinion survey undertaken in November and December 1994 by Hunter Marketing and Communications Ltd. and Baseline Market Research Ltd., such survey initiated to respond to concerns aired in the local media and a request by Council for an update on the Board's policies and actions, and to gain an understanding of the public's perceptions of heritage and the heritage program in the City, with the information then to be used to guide future initiatives of the Board and specifically the preparation of its 1995 work program. Mr. Gillis outlined the Board's proposed action plan with respect to the application process which is anticipated to improve the delivery of the Heritage Program in Saint John and help the Board continue to build a future on the rich and unique resources of heritage properties left to the City by its forefathers; and advised that some of the actions have already been initiated by the Board and that an amendment to the Heritage Act is expected in the very near future to enable the Heritage Planner to approve applications for which the Board has previously established guidelines, thereby significantly decreasing processing time. (Councillor Trites withdrew from the meeting.) Deputy Mayor McAlary thanked Mr. Gillis for his presentation. 12. Midwood Avenue Information Session Read a letter from Councillor Rogers asking for the opportunity to update 85-223 COMMON COUNCIL APRIL 10,1995 Council concerning the information session regarding Midwood Avenue which was held on Thursday, April 6 at Bayside Junior High. (Councillor Chase withdrew from the meeting.) Deputy Mayor McAlary commended Mayor Higgins for his skill in chairing the above-mentioned information session and expressed the understanding that communication among the citizens, the Department of the Environment and the Irving interests is ongoing. Councillor Rogers, having noted Councillors A. Vincent and M. Vincent's attendance at the April 6 meeting, suggested that at some future date the City should facilitate another meeting to deal with any unanswered questions at that point in time to see if there is anything that Council can do for both parties. (Councillors Chase and Trites re-entered the meeting.) 13. ProQress Payment Contract 92-16 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 following construction progress certificate, namely:- 1. Contract 92-16 Union Street Water And Sewer Renewal Dean 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 31, 1995 Final holdback release. $133,514.00 156,099.71 Nil 113,468.70 42,631.01 2,788.95 $ 42,631.01 Question being taken, the motion was carried. 14. Security For Rehabilitation Gravel Pit 2400 Ocean Westway On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $25,000 be accepted from Galbraith Construction Ltd. as security to ensure the rehabilitation of the gravel pit located at 2400 Ocean Westway (NBGIC Number 286500). Question being taken, the motion was carried. 15. Proposal To UpQrade IBM AS400 Computer On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the proposal of IBM Canada, in the amount of $34,965 (plus taxes), be accepted for the necessary upgrade to the Emergency Services IBM AS400 computer system. Question being taken, the motion was carried. 85-224 COMMON COUNCIL APRIL 10,1995 16. Bid For Water Meter On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the bid of Atlantic Liquid Meters Ltd., Dartmouth, N.S., in the amount of $12,730 (plus taxes), be accepted for a 10" fire service cold water meter. Question being taken, the motion was carried. 17. Tender - Electrical Maintenance Water And SeweraQe Utilities On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Cam Electrical Ltd., as indicated in the submitted summary of bids, be accepted for the supply of electrical maintenance services to Water and Sewerage facilities for a one-year period, with an optional second term. Question being taken, the motion was carried. 18. Spruce Lake Landfill CorruQated Cardboard RecyclinQ Consideration was given to a report from the City Manager submitting a copy of a letter from Saint John Recycling outlining a proposal to station two employees at the Spruce Lake landfill for the purpose of recycling corrugated cardboard waste; advising that City staff has met with representatives of Saint John Recycling to review what would be involved with this proposal and it is staff's opinion that it is appropriate to accept the proposal at this time as no other company has expressed an interest in recycling corrugated cardboard waste at the landfill and Saint John Recycling has a history of recycling this waste product in the community and, given the limited time of operation left at the landfill, it would be appropriate to allow the Company to operate according to its proposal until the Spruce Lake landfill operation ceases; also advising that the Department of the Environment has given its specific approval of the Saint John Recycling proposal; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Council approve the proposal of Saint John Recycling to recycle corrugated cardboard waste at the Spruce Lake landfill and, with this approval, staff would then prepare, in conjunction with the Legal Department, an agreement with Saint John Recycling. Question being taken, the motion was carried. 20. Canadian Forces RecruitinQ Centre Read a report from the City Manager advising that staff has followed up on the possible loss of 20 Federal jobs to Saint John as has been brought to staff's attention by way of the submitted letter and it is true that the Federal Government and, in particular, the Minister of National Defence has made a decision to close both the Saint John and Moncton Canadian Forces Recruiting Centres; and submitting a recommendation on the basis that Council and citizens deserve an explanation of the rationale behind this decision. 85-225 COMMON COUNCIL APRIL 10,1995 On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the Mayor write to the Minister of National Defence and to Members of Parliament Paul Zed and Elsie Wayne seeking an explanation of the decision in light of the facilities available in the community and the population base in Southern New Brunswick from which recruits can be drawn. Question being taken, the motion was carried. 21. Industrial Water NeQotiations Read a report from the City Manager submitting copies of new water agreements with Irving Pulp & Paper, Limited and Irving Paper Inc., the agreement on rates with Irving Oil Limited to be found in a separate report from the City Solicitor under item 22 on the agenda of this meeting; explaining the main components of the agreement reached with all three companies; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council agree to the terms of the submitted agreements with Irving Pulp & Paper, Limited, and Irving Paper Inc., and the Mayor and Common Clerk be authorized to execute them on behalf of the City: AND FURTHER that Common Council adopt the resolutions prepared by the City Solicitor as set out in a separate report with respect to Irving Oil Limited. Mr. Wilson commented on the reasons for the prolonged negotiations and apprised Council of the details of the proposed water agreements, as set out in the above report, noting that the revenue as a result of these agreements, over the next ten-year period, will be $5.5 million more than what would have been achieved had the same agreements continued unaltered, and that, not only is the City getting more revenue over the next ten years, but the City has positioned the Utility for the longer term and that the following ten years would be even more favourable than the next ten years. Question being taken, the motion was carried. Councillor A. Vincent proposed a motion, which was not seconded, that a copy of the water agreements be forwarded to former Councillor Pat Landers, and the Deputy Mayor suggested that a motion would not be required to do so. 22. Industrial Water NeQotiations Consideration was given to a report from the City Solicitor noting the above report from the City Manager on industrial water negotiations setting out in detail the terms of the agreements negotiated with Irving Pulp and Paper, Irving Paper and Irving Oil Limited, the latter which relates to a 1958 agreement under the terms of which the parties have mutually agreed to a rate structure as set out in the submitted Schedule A and provides for rental for the lease of lands in the Little River Watershed; expressing the opinion that, while the rate structure which has been mutually-agreed requires the legislative approval of the Province of New Brunswick, formalized agreements are not necessary; advising that the solicitor for Irving Oil Limited has agreed to this process and all that is necessary is for the parties to acknowledge the rate structure and rental rate by letter with appropriate signatures; and submitting resolutions which are required in this regard. On motion of Councillor Knibb 85-226 COMMON COUNCIL APRIL 10,1995 Seconded by Councillor M. Vincent RESOLVED that the following resolutions be adopted, namely:- RESOLVED that Council approve the rates as negotiated and shown in Schedule "A" for the period July 2, 1990 to July 1, 2000 pursuant to paragraph 11 (c) of an Agreement dated February 18, 1958 between the City of Saint John and Irving Refining Limited (now Irving Oil Limited): AND FURTHER that the City Solicitor be authorized to obtain from the Province of New Brunswick legislation approving the rates: AND FURTHER that the Mayor and Common Clerk be authorized to execute any necessary documentation in this regard. AND ALSO: WHEREAS under a lease dated February 18, 1958 and amended June 4, 1994, Irving Oil Limited has paid rent to the City in the amount of $500 annually up to July 1, 1990 for the lease of lands in the Little River Watershed; AND WHEREAS the lease provides for a rental to be mutually agreed upon every five years; AND WHEREAS the parties have agreed that the rent for the term July 2, 1990 to July 1, 1995 shall be the amount of $500 per annum: NOW THEREFORE BE IT RESOLVED that the rent payable under the lease between the City of Saint John and Irving Refining Limited (now Irving Oil Limited) dated February 18, 1958 as amended June 4, 1964 shall from July 2, 1990 to July 1, 1995 be the amount of $500 per annum, payable on July 2 in each and every year from and including July 2, 1990 to and including July 2, 1994: AND FURTHER that the Mayor and Common Clerk be authorized to execute any necessary documentation in this regard. Question being taken, the motion was carried. 23. 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 April 3, 1995, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Council approve the following appointments:- (1) POWER COMMISSION - that Patrick Riley be appointed for a term to expire February 15, 1998; (2) PRESERVATION REVIEW BOARD - that Darroch White and Lisa R. Tracey be appointed for a term to expire December 31, 1997; (3) UPTOWN SAINT JOHN INC. - that Stephen Bedford be appointed as the City's representative on the Board of Directors for a term of two years effective April 1995; and (4) IMPERIAL THEATRE INC. - that the following persons be the City's appointees to the Board of Directors effective April 1995: Councillor Dennis Knibb for a term of two years, Bernard Cormier for a term of three years, and L. Elizabeth Chase for a term of one year. 2. That as recommended by the City Manager, Common Council resolution of October 3, 1994, pertaining to the acquisitions of property for the Manawagonish 85-227 COMMON COUNCIL APRIL 10,1995 Creek sewer (Western Beaches trunk sewer project) be amended to read as follows:- "(2) acquisition of an easement, having an area of about 10,300 square feet for the sum of $100, from Cedarhill Greenwood Cemetery Co., over its property identified as NBGIC Number 395004". 3. That as requested by The Market Square Corporation, the budget for Harbour Station be increased by $264,000 to a final total of $20,313,604. April 10, 1995, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary C h air man. Deputy Mayor McAlary asked that the sub-sections of section 1 of the above report be voted on separately. 23.1 (1) Power Commission Appointment On motion of Councillor Trites Seconded by Councillor Rogers RESOLVED that section 1(1) of the above report be adopted. Question being taken, the motion was carried. 23.1 (2) Preservation Review Board Appointment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 (2) of the above report be adopted. Question being taken, the motion was carried. 23.1 (3) Uptown Saint John Inc. Appointment On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that section 1 (3) of the above report be adopted. Question being taken, the motion was carried. 23.1 (4) Imperial Theatre Inc. Appointments On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that section 1 (4) of the above report be adopted. Question being taken, the motion was carried. 23.2 Amendment To CCO October 3, 1994 Property Acquisition ManawaQonish Creek Sewer On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. 85-228 COMMON COUNCIL APRIL 10,1995 Question being taken, the motion was carried. 23.3 BudQet For Harbour Station Facility On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. At Councillor Rogers's request for the City Manager to comment on the above matter, Mr. Totten made the observation that Council heard last week from The Market Square Corporation with respect to what the Corporation described as the final accounting for Harbour Station and, in so doing, there has been no question that, in dealing with a contract of this nature, there have been items that, at the direction of Council and also as a request from the Harbour Station Commission, on which the Corporation has followed through to their completion and, in so doing, it has required the Corporation to come back to the City and ask for an increase in the budget approved for the building itself. Mr. Totten noted that the Corporation has advised Council that this, in its opinion, would meet the obligations to the contractor under the various contracts that have been signed; in other words, this will put the matter to rest from the Corporation's point of view; and added that, as in any situation there is always discussions between contractors and owners, the Corporation would have to come back to Council for approval should something happen along those lines; however, the Corporation is now requesting to finish the City's commitment under the contract. Councillor A. Vincent expressed the view that the proposed action will not settle the issue and that the Corporation, in getting the $264,000, is hoping to get an amount from the insurance company, whereupon Councillor Knibb, on a point of order, asked if Council in open session should be discussing the potential of some difficulty with Meridian Construction, and endangering the negotiation of a settlement between the Corporation and Meridian Construction. In response to Deputy Mayor McAlary's question as to whether or not there was any problem, legally, with this being discussed in open session, Mr. Rodgers expressed the opinion that, as the amount is in open session of Council for approval, Council has the right to ask questions; whereupon Deputy Mayor McAlary, having asked Council members to direct their questions through the chair, indicated that Councillor A. Vincent could continue with his comments. Councillor A. Vincent expressed the opinion that the City should consider calling in the general contractor and jointly naming an arbitrator to settle all the disputes. Councillor Gould expressed the understanding that Council approved the final payment for Harbour Station in November 1993 at which time the Chairman of The Market Square Corporation appeared before Council in this forum and indicated that there were no major deficiencies at that time; asked that, if information on the items covered by the $264,000 is not available at this time, it be presented at some future meeting of Council, and for assurance that this is the last request for money that will be coming to Council for this project; and suggested that the Corporation Chairman should be present at this meeting. During discussion Councillor M. Vincent advised his intent, at the conclusion of this item, to propose a motion that The Market Square Corporation be asked to appear before Council at the next meeting in open session for a full discussion and disclosure on all of the expenses relating to the approximate $20 million spent and that all points raised be recorded and brought forward at that time. Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that at the next constituted meeting of the Common Council in open session, The Market Square Corporation and its solicitors be invited to attend a meeting of Council to present all factors relating to the Harbour Station development project and, before that be done, the City Solicitor be asked to check as to the City's legality and liability, and that full discussion take place on the matters raised at this meeting and that project. 85-229 COMMON COUNCIL APRIL 10,1995 Question being taken, the motion was carried. 24. Subdivision 49 Mcilveen Drive McAllister Industrial Park On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to one or more subdivision plans, showing one or more phases, with respect to vesting of the proposed new streets, together with any required municipal services easements and utility easements, prepared in accordance with the submitted photo-reduced tentative plan entitled McAllister Industrial Park Stage 1 Situate Mcilveen Drive, City of Saint John, County of Saint John, Province of New Brunswick; (2) authorize the preparation and execution of one or more City/Developer subdivision agreements to ensure the provision of the required streets and services; and (3) authorize the preparation and execution of a City/Developer agreement, pursuant to Section 101 of the Community Planning Act, establishing a requirement that the proposed regrading of the site be subject to the provisions of Section 880(1) and 880(4) to (19) of the Zoning By-Law. Question being taken, the motion was carried. 25. Subdivision 660 Westmorland Road On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, cash in lieu of land for public purposes be accepted for the development of 660 Westmorland Road. Question being taken, the motion was carried. 26. Street Assent 169-181 Sullivan Road On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, Council assent to a portion of Lot 95-1 (NBGIC Number 288498), with an approximate width of 12.4 metres (41 feet) as a public street, with regard to 169-181 Sullivan Road. Question being taken, the motion was carried. 27. Stuart Jamieson, MLA Saint John Fundy Problems In Latimore Lake Area On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Stuart Jamieson, MLA Saint John Fundy, advising of two problems that concern the City in the Latimore Lake area, one being the need for sidewalks or at least a widening and maintenance of good shoulders along Latimore Lake Road, the other having to do with a large culvert which runs under the road by the Latimore Lake Trailer Park -- be referred to the City Manager. Question being taken, the motion was carried. 85-230 COMMON COUNCIL APRIL 10,1995 28. FCM (a) CCO CNR System Network (b) Major AQenda Issues 1995 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Federation of Canadian Municipalities advising that Common Council resolution of January 23 on the commercialization of the Canadian National Railway system network in Eastern Canada was reviewed at FCM's National Board of Directors meeting earlier this month and was adopted as a Category D1 resolution, which means that it was previously dealt with by FCM and that it is in accordance with FCM policy -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Federation of Canadian Municipalities acknowledging receipt of the City's membership fee for the period April 1, 1995 to March 31, 1996, and advising of the three major issues for FCM's agenda for the coming year -- be received and filed. Question being taken, the motion was carried. 29. Simpson Drive Residents' Request For Crushed Rock AlonQ Drive On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the petition from Simpson Drive residents requesting the City to replace, with crushed rock, the material down the side of Simpson Drive where there is no sidewalk -- be referred to the City Manager for action. During discussion Mr. Totten advised that, as it is the intent to fix the problem, he would not be submitting a report to Council in this regard. Question being taken, the motion was carried. 30. (a) Residents' Committee - Pits And Quarries Aggregate Resources Strategy (b) Committee To Preserve Bald Hill On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that (a) the letter from Mr. David R. Bowen, Chairman of the Residents' Committee - Pits and Quarries Aggregate Resources Strategy, referring to the City Manager's report to Council on July 20, 1992 further to the Committee's request for a moratorium to be placed on the establishment of new pits and quarries until a new By-Law is in place which will conform to the Municipal Development Plan; and requesting that, as the process is now reaching the stage where an amendment is being considered, such implementation be undertaken immediately upon the advertisement of the By-Law change; and (b) the letter from the Committee to Preserve Bald Hill requesting to be advised of the status of the Pits and Quarries Strategy, and that a final version of the Strategy be issued with suitable set backs to be included to protect all of Bald Hill and other similarly-affected residential communities -- be referred to the City Manager for a report to Council. 85-231 COMMON COUNCIL APRIL 10,1995 During discussion Mr. Totten advised that he hopes to have a report on the above matter to Council at its next meeting, and Mr. Baird explained that the report to Council would include a proposed Zoning By-Law amendment which would require referral to the Planning Advisory Committee and advertising for a public hearing and that, if Council takes such action, Council would then be in a position to pass a resolution pursuant to the Community Planning Act that would, in effect, put a moratorium on new pits until the By-Law is dealt with; and also that the various concerned residents have not had input, in a formal way, into the forthcoming report to Council. Question being taken, the motion was carried. 31. Anti-Pornography Coalition Control Of PornoQraphy Stores On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the letter from Ms. Heather DeBouver, Spokesperson for the Anti-Pornography Coalition, asking the status of the Coalition's request approximately a year ago for the City to regulate and control the number of pornography stores at which time it was told that the Provincial Government had to amend the Municipalities Act in order to grant towns and cities the authority to do so -- be received and filed and Ms. DeBouver be provided with an explanation as to the status of this matter. Deputy Mayor McAlary advised that Council, by resolution, on May 30, 1994 asked the Minister of Municipalities, Culture and Housing to have the Municipalities Act amended to give authority to enact a by-law licensing and regulating, including the location, and limiting the number of adult entertainment parlours and pornography video outlets. Question being taken, the motion was carried. 32. Local 771, I.A.F.F. Request To Appear To Present Petition On Fire Department Cuts On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that Council grant the request of the Saint John Fire Fighters' Association, Local Union No. 771, I.A.F.F., to appear before Council in open session on this date to present a petition relating to cuts that were imposed on the Fire Department. Question being taken, the motion was carried. Deputy Mayor McAlary made the observation that the above motion is for the Union to present the petition to Council, not to make a presentation to Council. Mr. C. Hickey, President of the Saint John Fire Fighters' Association, Local Union No. 771, I.A.F.F., appeared before Council to present the above- mentioned petition on behalf of the Fire Fighters and tax payers of the City of Saint John; and, during his comments, Deputy Mayor McAlary advised Mr. Hickey that, in order to make a presentation to Council, there would have to be a vote of Council and the motion was only to accept the petition, whereupon Mr. Hickey advised his intent to present the petition. Mr. Hickey advised that the subject petition includes over 7,000 signatures and indicates that the undersigned do not agree with Saint John Common Council's decision to reduce their fire protection and wish Council to reconsider this decision and find an alternative to cutting this essential service and restore the Fire Department to its full strength as it was on January 1, 1994; and presented the petition to the Deputy Mayor. 33. (a) Fundy SWAT - April 18 Public Hearing Municipal Plan And Zoning By-Law Amendments 85-232 COMMON COUNCIL APRIL 10,1995 Sanitary Landfill Site At Crane Mountain Consideration was given to a letter from Mr. W. G. Artiss, Chairman of Fundy SWAT, requesting that the public hearing of Fundy SWAT's application for Municipal Plan and Zoning By-Law amendments for a sanitary landfill site at Crane Mountain, scheduled for April 18 be postponed; and advising that Fundy SWAT would be prepared to proceed on June 5. Councillor Knibb proposed a motion, which was seconded by Councillor Chase, to accept Mr. Artiss' request to defer the public hearing on the Crane Mountain matter from April 18 to June 5. Deputy Mayor McAlary, having noted that June 5 represents the first meeting for a new Council and there are public hearings already slated for June 5 as well as Council's previous rescheduling of the public hearing to April 18, expressed the view that the citizens concerned have been worried and upset for a long time; and expressed concern that Fundy SWAT did not have a quorum in sending the above letter to Council. Councillor Gould, Council's representative on Fundy SWAT, expressed the understanding that he would not be in conflict if he were to participate in the discussions going on concerning this item and asked that, if anyone disagreed, to speak up immediately; questioned the legality of the above request as it came from a committee which lacked a quorum; and expressed concern about delaying the public hearing until June 5 after the swearing in of a new Council and the fairness of asking a new Council to deal with this complex issue before having had time to familiarize itself with the many complex issues facing the re-zoning application. Mr. Rodgers advised that there is no provision in the Community Planning Act for postponing a public hearing, once it has been set, and that Council, if it wants to consider the above request and as part of its resolution, would have to cancel the public hearing set for April 18 and authorize advertising for another public hearing on whatever date Council wishes to set and, if there are no changes to the proposal and the views of the Planning Advisory Committee have already been given, the Committee's views would be valid for whatever comes as a result of a new public hearing and the matter would not have to go back to the Committee from a legal standpoint; and, with regard to holding the April 18 public hearing and tabling the matter until such time as the new information would be forthcoming, made the observation that the concern would be that, in doing so with the present Council and if Council did not vote on the matter before the forthcoming municipal election, any new Council members would not be able to vote on a matter heard previously by another Council. Councillor M. Vincent questioned Mr. Artiss' reference in his above letter to exploring alternatives to the two currently proposed landfill sites, and Mr. Rodgers clarified that the legal process on which he commented is based on Fundy SWAT's original application which, if Council sets a new public hearing for, is what it would be about and, if the applicant or a member of the applicant wants to come later and talk about something unrelated to the application, then obviously that would not be what Council would be dealing with with respect to the re-zoning. Councillor Trites suggested that the April 18 public hearing should be held and, if Fundy SWAT chooses to explore alternatives in an attempt to find something that may be acceptable, Fundy SWAT could make application for a new proposal at some future point; and advised that, from this discussion, he does not see that there is anything positive to be gained by postponing the public hearing. Councillor Knibb noted the Planning Advisory Committee's unanimous vote against the subject re- zoning and the number of Council votes required to approve it, as well as Deputy Mayor's membership on the Planning Advisory Committee; and also noted that there is another Councillor who sometimes wants to withdraw from his seat because of a conflict of interest and other times wants to speak on the issue; whereupon Councillor Gould, on a point of order, made the observation that he asked, when he made his opening remarks, if there was anyone here who was questioning whether or not he was in conflict by participating in the vote at this meeting, if they would speak immediately; so, now that he has been challenged he has no other choice but to leave his chair. Deputy Mayor McAlary concurred that Councillor Gould did make that comment earlier in the meeting and no one around the Council table indicated he or she did not wish him to speak. (Councillor Gould withdrew from the meeting.) Councillor Knibb suggested that it should be determined whether or not 85-233 COMMON COUNCIL APRIL 10,1995 Fundy SWAT would submit a new application, otherwise the public hearing should be moved from April 18 to a suitable later date; and re-stated his motion to reschedule the public hearing from April 18 to the earliest date possible; and Deputy Mayor McAlary clarified that six affirmative votes of Council would be required to approve Fundy SWAT's application as the Planning Advisory Committee is recommending its denial. Councillor M. Vincent asked the legality of Council meeting with Mr. Artiss in open session on April 18 prior to the 4:00 o'clock p.m. public hearing to determine Fundy SWAT's intent, to which Mr. Rodgers replied that, in his opinion, it is not inappropriate to wait until the time of the public hearing and, if at that time a representative of the applicant requests that the public hearing be cancelled and a new advertised date be set, that would be a reasonable request and would not be discussing the merits of the case; but, if Council cancels the April 18 public hearing, it is necessary, if Council wants another date, to set that date specifically as to what it will be for the public hearing. With respect to the motion on the floor, Mr. Rodgers clarified that the motion should be to cancel the April 18 public hearing and set a date for the Fundy SWAT application, and the mover and seconder concurred to change the motion as indicated. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that Council cancel the Tuesday, April 18, 1995 public hearing of the Fundy SWAT application for Municipal Plan and Zoning By-Law amendments with respect to Crane Mountain and authorize the necessary advertising for a public hearing of the subject application on June 19, 1995. Question being taken, the motion was lost with Deputy Mayor McAlary and Councillors Rogers, Trites, A. Vincent and M. Vincent voting "nay". Mr. Rodgers, in response to Councillor M. Vincent, advised that, once the April 18 public hearing commences on the above application, Council has every right to discuss with Mr. Artiss, if he wants to talk to Council, about cancelling that public hearing, restricting discussion to that point and, if Council decides to cancel the public hearing, it can do so and, if Council decides not to cancel, it would proceed with the public hearing. 33.{b) River Road Concerned Citizens Committee On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the River Road Concerned Citizens Committee regarding Fundy SWAT's request to delay the public hearing proceedings on the basis that, without a quorum present, Fundy SWAT decision's to make the request cannot be considered a valid one and should not be recognized by Common Council; expressing the view that the residents and property owners of River Road and Lorneville have been unwilling participants in this process and deserve to have the issue proceed uninterrupted and that the schedule devised should be adhered to in order to have the application provide no further stress nor inconvenience to third parties -- be received and filed. Question being taken, the motion was carried. 34. Uptown Saint John Inc. - Partnering Of Residential Committee With City For Updated NeiQhbourhood Plan On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Uptown Saint John Inc. offering, on behalf of its Residential Committee, to partner with the City to accomplish an updated neighbourhood plan for the Uptown Peninsula; and requesting direction and assistance from the City of Saint John, Community Planning Department, if the offer is considered favourably -- be referred to the City Manager and 85-234 COMMON COUNCIL APRIL 10,1995 Uptown Saint John Inc. be thanked for its offer. Question being taken, the motion was carried. 35. Kyles Biomedical Disposal By-Law For Disposal On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Kyles Biomedical Disposal requesting that Council enact a by-law to prohibit the practice of disposing of biomedical waste in the local landfills -- be referred to the City Manager, the Legal Department and the Environment Committee. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk