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1995-11-27_Minutes 85-586 COMMON COUNCIL NOVEMBER 27,1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of November, A.D. 1995, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. D. Wilson, Acting City Manager; F. Rodgers, City Solicitor; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; P. Woods, Deputy Commissioner of Finance; J. Baird, Manager, Community Planning; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; S. Lodhi, Manager, Real Estate and Facility Management; G. Tait, Fire Chief; B. Fillmore, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend Douglas Woods of Silver Falls United Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on November 20, 1995, be approved. Question being taken, the motion was carried. Mayor McAlary expressed appreciation to those involved in the 43rd Annual Saint John Santa Claus Parade, held on November 18, and welcomed to the Council Chamber award-winning participants to whom she presented awards for the following Parade entries:- Honourable Mention - Black's Transfer, Civic Hydro, Sonny Hamilton, Millidgeville Community Centre, S1. Vincent's High School, Crescent Valley Gospel Church, Maritime Tire (not present), and Ben Lomond Beavers (not present); Best Majorette Group - Fundy Twirl Training Club; Best Non-Commercial Float - Cherry Brook Zoo; Best Industrial Float - Irving Oil Limited; Best Association Float - Family Services Inc.; Best Cheerleader Group - Saint John High School; Best Marching Group - 650 Governor General Vanier Marching Band from Moncton; Best High School Float - Simonds High School; Best Retail Float - I S Art Supplies; Best Individual Entry - Jeff White; Best Theme - Saint John Port Corporation; and Best Overall Entry - Irving Oil Limited. 3(a) Zoning By-Law Text Amendment Section 880 - Gravel Pit Security The Common Clerk advised that the necessary advertising was completed with regard to a Zoning By-Law text amendment to (1) delete the word "Council" and substituting the words "Building Inspector" in subsection 880(6)(b); and (2) delete the words "and approved by Common Council" in subsection 880(10), to allow the Building Inspector to approve the amount of security with respect to excavations, and that no written objections were received in this regard. 85-587 COMMON COUNCIL NOVEMBER 27,1995 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning staff's report considered at the Committee's November 21 meeting, as well as a copy of a letter from the Chairman of the Residents Committee for the Pits and Quarries Aggregate Resource Strategy suggesting that this matter should be tabled until the new provisions regulating gravel pits are adopted; and recommending that Common Council amend Section 880 of the City of Saint John Zoning By-Law as follows: (a) by deleting the word "Council" and substituting the words "Building Inspector" in subsection 880(6); and (b) by deleting the words "and approved by Common Council" in subsection 880(10). On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, (a) by deleting the word "Council" and substituting the words "Building Inspector" in subsection 880(6); and (b) by deleting the words "and approved by Common Council" in subsection 880(10) -- be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, (a) by deleting the word "Council" and substituting the words "Building Inspector" in subsection 880(6); and (b) by deleting the words "and approved by Common Council" in subsection 880(10) -- 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 Ball RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 4(a) Section 39 Amendment To Conditions Of Re-ZoninQ 4207 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the 1985 re-zoning of a parcel of land located at 4207 Loch Lomond Road (NBGIC Numbers 350835, 55043830, 55043848 and 55043855), to permit the sale of groceries, hardware and other household items in addition to the uses presently permitted and to permit the Airport Irving service station to include an approximately 800-square foot convenience store within the existing building, as requested by Irving Oil Limited, and no written objections were received in this regard, with 4{c) letters from Mrs. C. E. Cavanagh and Father Bernard W. Stack having been received in support of the proposal. 4{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning staff's report considered at the 85-588 COMMON COUNCIL NOVEMBER 27,1995 Committee's November 21 meeting at which Mr. Sheldon IlIsley of Irving Oil Limited spoke in favour of the application, and Mr. Mark Armstrong, owner of the Airport General Store, spoke in opposition to the proposal in that, from a planning perspective, another store in the area is not supportable because the area is not growing; also submitting a copy of one letter in favour of the application and two letters and a 117- name petition in opposition; and recommending that the application to amend the Section 39 resolution not be approved. Mr. Mark Armstrong of 248 Lakeside Drive, owner of the Airport General Store, appeared in opposition to the proposed amendment; and commented on the property from the point of view of the number of times it has gone through the Planning Advisory Committee and Council route, as well as on Council's recent approval of a Petro-Canada application for a Section 39 amendment for property on Loch Lomond Road on the basis that, unlike the application before Council at this time, it had been approved by both the Planning Department and the Planning Advisory Committee, as well as on the difference in the areas concerned; and referred to two maps of the subject property (copies of which were distributed to Council members at this time) to question the size of the subject property in that the parcel of land before Council in 1985, 1989 and 1993 is represented by only one NBGIC Number, while the property before Council at this time is represented by not only the NBGIC Number of the previous years but three other NBGIC Numbers, thus the property being considered appears to be four times larger than before. Mr. Armstrong asked for Council's continued support in this regard. Mr. Armstrong concurred with the Mayor's indication that his objection to the proposal would be because he feels that his store carries a complete line of groceries and all items that someone would need and that there is no room in that particular area for another business to set up with the same products; and Mr. Armstrong advised that his opposition also relates to a planning and zoning issue as his property has the protection of a separation in the Section 39 conditions which greatly enhances the value paid on the purchase price of his store, and his presence at this time is to look for a continuation of this; and he apprised Council of the types of products sold at his store. Mr. Sheldon IlIsley of 189 Valleyview Crescent, speaking in support of the application, explained that the application is simply a request on Irving Oil Limited's part to be able to provide its present customers of the Airport Irving Service Station the convenience items that were found over time to be what these customers were looking for as they travel to work or on their way home, and it is not the intention to put a full- fledged convenience store there as indicated by the reference in the application to 792 square feet of existing premises which, certainly, is not the typical size that would be used if a full-sized convenience store were to be put in. Mr. IlIsley confirmed that the two service bays would be left intact under the current proposal, and, as to items currently sold besides gasoline at the Airport Irving, advised that automotive service work is carried out, and coffee, pop, chips and cigarettes are sold there. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that Council approve the application of Irving Oil Limited for an amendment to the Section 39 conditions imposed on the 1985 re-zoning of a parcel of land located at 4207 Loch Lomond Road (NBGIC Numbers 350835, 55043830, 55043848 and 55043855) to permit the sale of groceries, hardware and other household items in addition to the uses presently permitted and to permit the Airport Irving service station to include a maximum 800-square feet convenience store within the existing building. The motion initially proposed was to amend the Section 39 conditions to allow the development to take place, and there was discussion about the motion not including a limitation on the amount of space, as well as on the reference in the application to 792 square feet and the reference in the public advertising to approximately 800 square feet, and the mover and seconder changed the motion as indicated above. As to the suggestion by Mr. Armstrong that the property being 85-589 COMMON COUNCIL NOVEMBER 27,1995 considered at this time represents a change from the previous application, Mr. Baird advised that, at the time of the re-zoning, the New Brunswick Geographic Information Corporation had assigned one NBGIC Number to the larger area which has now been carried over to use for only a small portion of the larger area, so in fact there is no change other than a change in the reference numbers as NBGIC is now using four reference numbers, while previously only having used one, and the size of the property re-zoned in 1985 is the same size as the property being referred to at this time; and commented on the manner in which the square footage space could be limited under Section 39, as well as the requirement for a 2-kilometre separation between convenience stores in suburban residential zones. During discussion Councillor Vincent referred to the concluding paragraph in the above-submitted Planning staff report to the Planning Advisory Committee indicating that the application could not be supported based on the issue of separation between the subject site and the Airport General Store, that development has not increased to any significant degree in the area and the situation has not changed and the positions initially taken in 1985, confirmed in 1989 and 1993 should not change and that, from a planning perspective, there is no reason to support a change in the historic pattern of a service station with gas pumps at one location and a convenience store with gas service at a neighbouring site. Councillor Fitzpatrick made the observation that the above motion goes against the recommendation of both Planning staff and the Planning Advisory Committee, and Mr. Baird confirmed that this represents the third time the applicant has been before Council with respect to this or very similar amendments, and the fourth time would include the original request to re-zone the existing service station property to a General Business zone. Question being taken, the motion was carried with Councillors Arthurs, Ball, Fitzpatrick and Vincent voting "nay". Councillor Gould, on a point of order, asked if there were sufficient votes to carry the above motion in that it varies from the recommendation of the Planning Advisory Committee or if a two-thirds majority vote were required, to which Mr. Rodgers replied that the rule in question does not apply as this is not an amendment to the Zoning By-Law. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the correspondence regarding the above amendment be received and filed. Question being taken, the motion was carried. 5(a) Amendment To Section 39 Conditions Of Re-ZoninQ 20 Prince Edward Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions attached to the 1972 re-zoning of 20 Prince Edward Street (Prince Edward Square)(NBGIC Number 18275), to permit a new exterior entrance way to the mall via Prince Edward Street and to allow a new tenant named "Dooly's" to have its own access to the establishment, as requested by Wayne Erb Builders. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning staff's report considered at the Committee's November 21 meeting at which the applicant expressed support for the staff recommendation and, in response to the Committee's concern regarding the completion of the proposed work prior to seeking the necessary approvals, informed the Committee that he believed that the necessary approval had already been obtained; and recommending that Common Council amend its Section 39 conditions regarding the re-zoning of Prince Edward Square of May 8, 1972, with respect to the subject property located at 20 Prince Edward Street, also known as NBGIC Number 18275, to permit a new exterior entrance to the building from Prince Edward Street with steps as shown on the submitted plans, on condition that: (1) the owner of Prince 85-590 COMMON COUNCIL NOVEMBER 27,1995 Edward Square enter into a legal agreement with the City which provides for the following: (a) the acceptance of the responsibility and cost of removal, replacing and repairs to the steps by the owner should the City or Civic Hydro of the City of Saint John require it to be removed; and (b) a barrier-free access be provided during all hours of operation for the Dooly's billiard parlour; and (2) a building permit not be issued for the steps until the agreement required in (1) is in place. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend its Section 39 conditions regarding the re-zoning of Prince Edward Square of May 8, 1972, with respect to the subject property located at 20 Prince Edward Street, also known as NBGIC Number 18275, to permit a new exterior entrance to the building from Prince Edward Street with steps as shown on the submitted plans, on condition that: (1) the owner of Prince Edward Square enter into a legal agreement with the City which provides for the following: (a) the acceptance of the responsibility and cost of removal, replacing and repairs to the steps by the owner should the City or Civic Hydro of the City of Saint John require it to be removed; and (b) a barrier-free access be provided during all hours of operation for the Dooly's billiard parlour; and (2) a building permit not be issued for the steps until the agreement required in (1) is in place. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the correspondence regarding the above amendment be received and filed. Question being taken, the motion was carried. 6. Municipal Plan Amendment 70-80 BridQe Street 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 70-80 Bridge Street (NBGIC Numbers 373845 and 373852), having a frontage of approximately 75 feet on the east side of Bridge Street and a depth of approximately 130 feet, from Medium Density Residential to Light Industrial classification, to permit re- zoning of the parcel of land from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification, and subsequent development of a warehouse building, as requested by Service Associates Ltd. 7(a) Uptown Saint John Inc. 1996 Budget (b) Business Improvement Levv Bv-Law The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of Uptown Saint John Inc. for Common Council's approval of a budget for the designated Business Improvement Area, which includes a special business improvement levy of 12 cents per $100 of assessment for 1996 on business property within the area as designated by Council, and no written objections were received in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as requested by the Board of Directors of Uptown Saint John Inc., Common Council approve the 1996 budget for the Business Improvement Area as follows:- Revenue Business Improvement Area Levy Employment Grants $190,000 3,000 85-591 COMMON COUNCIL NOVEMBER 27,1995 Interest Income Ornament Revenue South End Social Other Total Revenue 4,000 25,000 1,000 o $223,000 Expenditures Public Relations Uptown & Around Marketing Urban Design Parking Business Development Residential Strategic Projects Office & Administration Total Expenditures $ 3,500 25,000 48,000 3,000 7,500 5,000 6,000 15,000 110,000 $223,000 Excess Revenue Over Expenditures o Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law to amend the Business Improvement Levy By-Law be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Business Improvement Levy By-Law. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Business Improvement Levy By-Law be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Business Improvement Levy By-Law. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the correspondence regarding the above-proposed by-law amendment be received and filed. Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting.) 9. Mavor's Remarks Mayor McAlary extended condolences to City Manager 1. Totten and his family on the death of his step-father Mr. Walter McCarthy on November 24; and also to the family of the late Mr. Robert McManus, a City employee in the Works Department for over 25 years who passed away on November 22. The Mayor noted the 11th Annual Mayor's Tree Lighting Ceremony on December 1 at the Loyalist Plaza, as well other activities in the Uptown on that date. 85-592 COMMON COUNCIL NOVEMBER 27,1995 10. MunicipallmmiQration Initiatives Consideration was given to a letter from Councillor Ball referring to his presentation to the joint meeting of members of Common Council and the Board of Directors of Enterprise Saint John on October 23 regarding Federal Government funding for immigration programs in that the Federal Government wants to delegate the responsibility for delivering settlement programs for immigrants and refugees to either provincial and municipal governments, non-profit organizations, or a combination thereof, and nearly $300 million in Federal funding is available for this program; advising that a Saint John hearing is scheduled for January 12 to receive presentations in this regard; and asking for Council's support for an initiative to attract a substantial portion of those funds and a greater number of immigrants to Saint John. On motion of Councillor Ball Seconded by Councillor Knibb RESOLVED that letters of representation be sent by Her Worship Mayor McAlary to the proper authorities appealing for a substantial portion of immigration refugee settlement programs for Saint John and that a task force be set up in preparation for the upcoming meetings regarding the delegation of immigration funding and programs to provincial jurisdictions by the Federal Government, and also that Her Worship make presentation at the January 12, 1996 hearing on behalf of the City concerning this matter. Question being taken, the motion was carried. 11. Tender For Municipal CastinQs On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of I.M.P. Foundry Ltd., be accepted, at the prices as indicated in the submitted summary of bids, for the establishment of a supply agreement for municipal castings for a 12-month period commencing upon the date of award by Council. Question being taken, the motion was carried. 12. Tender For Rental Equipment On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, supply agreements for the rental of equipment, for a 12-month period commencing upon award by Common Council, be established with the lowest tenderer(s) in each case as indicated in the submitted summary of bids. Question being taken, the motion was carried. 13. Tender For Roof Replacement On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of Atlantic Roofers Ltd., in the amount of $91,273.14 (taxes included), be accepted for the installation of a new roof on the #8 Fire Station, Millidge Avenue. Question being taken, the motion was carried. 85-593 COMMON COUNCIL NOVEMBER 27,1995 14. Tender For Safety Equipment On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender for safety supplies necessary to comply with present Province of New Brunswick legislation for confined space entry procedures be awarded to the lowest tenderer to meet the specifications of the tender, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 15. Tender For Contract 95-32 Crown Street Slope Stabilization On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 95-32, Crown Street slope stabilization, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $957,365, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. At the suggestion of Councillor Trites, Mr. Robichaud apprised Council of the intent on November 28 to close down two major transmission lines from the Loch Lomond water system commencing at 8:00 a.m., leaving only one 24-inch line feeding the whole of the eastern part of the City from the St. John River east. 8. Human Development Council Update Of 1995 Activities Mr. Randall Hatfield, President of the Human Development Council, addressed Council and, having introduced Ms. Cathy Wright, Executive Director and Ms. Bridget McGale, Vice President, presented slides with regard to the Human Development Council's 1995 activities and 1996 goals. Mr. Hatfield referred to the previously-submitted information package on the Human Development Council, which included a booklet describing the Human Development Council and its most recent publications, the Teen Directory and NEXUS, as well as a copy of the 1996 budget which shows revenue of $123,562, expenses of $123,527, for a deficit of $166; and urged Council to continue its high level of support to the Human Development Council in the future. The Mayor thanked Mr. Hatfield for his presentation and commended the Board members and the Executive Director for their work in the City, and advised that the 1996 budget would be referred for discussion during the budget process. Mr. Hatfield responded to the Mayor's queries with regard to anticipated funding from the United Way and the Province, as well as on staffing and salaries at the Human Development Council. 16. King's Square North Sidewalk Vendor Site Consideration was given to a report from the City Manager referring to the request to Council on November 14 by the Saint John Parking Commission that the sidewalk vendor site #95-C located on King's Square North not be auctioned for sale in 1996 due to concern that parking spaces in the area would be in heavy demand with the opening of Service New Brunswick in the former Calp's building and, in discussion with John and Camille Kehoe of Fat Freddies - the purchaser of the site in 1995, both expressed concern about the potential loss of this site as a clientele has been established which they have worked hard to obtain; and also advising that, resulting from the design and reconstruction of King's Square North, the space occupied by Fat 85-594 COMMON COUNCIL NOVEMBER 27,1995 Freddies, which had previously been 2 meter spaces, is now 3 meter spaces, and the Kehoes acknowledge that the additional meter space represents potential income for the Parking Commission and therefore that the minimum bid for this site should be increased to reflect this change. The report further advises that Building & Technical Services feels that the current site should remain available for bid by vendors as locating a vending bus at this location does not impede vehicle or pedestrian traffic nor does it block King's Square from view from any of the surrounding businesses, and it is staff's opinion that this is one of the very few level sites in the Uptown area where a vendor could reasonably and safely set up this type of operation; and submitting a recommendation in this regard. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the meter site at King's Square North be available for bid at the 1996 Annual Sidewalk Vendor Auction and this decision be communicated to the Saint John Parking Commission. Question being taken, the motion was carried. 17. Repealing Of Outdated And Redundant Bv-Laws Read a report from the City Manager submitting copies, further to the report to Council on June 26 relating to the review of 68 City by-laws, some which require considerable research and review in order for staff to make recommendations for amendments and others which are obviously redundant or outdated, of the following 17 by-laws which have been determined to be obsolete or superseded by other legislation:- Junk Yard, Bill Board, Pound Districts, Public Dance Halls, Sign, Electric Light Signs, Dense Smoke, Smoke Prevention, Building Permit Fees, Granting of Licensing to Truckers, Motor Vehicle, Motor Vehicles and Motor Trucks, Public Morals, Restaurants, Licensing of Certain Businesses, Coal and Wood, and Boxing and Wrestling By-Laws; and recommending that Council give first and second readings to the submitted by-laws to repeal the 17 by-laws listed. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-laws to repeal the Junk Yard, Bill Board, Pound Districts, Public Dance Halls, Sign, Electric Light Signs, Dense Smoke, Smoke Prevention, Building Permit Fees, Granting of Licensing to Truckers, Motor Vehicle, Motor Vehicles and Motor Trucks, Public Morals, Restaurants, Licensing of Certain Businesses, Coal and Wood, and Boxing and Wrestling By-Laws, be read a first time. Question being taken, the motion was carried. Read a first time the by-laws to repeal the Junk Yard, Bill Board, Pound Districts, Public Dance Halls, Sign, Electric Light Signs, Dense Smoke, Smoke Prevention, Building Permit Fees, Granting of Licensing to Truckers, Motor Vehicle, Motor Vehicles and Motor Trucks, Public Morals, Restaurants, Licensing of Certain Businesses, Coal and Wood, and Boxing and Wrestling By-Laws. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-laws to repeal the Junk Yard, Bill Board, Pound Districts, Public Dance Halls, Sign, Electric Light Signs, Dense Smoke, Smoke Prevention, Building Permit Fees, Granting of Licensing to Truckers, Motor Vehicle, Motor Vehicles and Motor Trucks, Public Morals, Restaurants, Licensing of Certain Businesses, Coal and Wood, and Boxing and Wrestling By-Laws, be read a second time. Question being taken, the motion was carried. 85-595 COMMON COUNCIL NOVEMBER 27,1995 Read a second time the by-laws to repeal the Junk Yard, Bill Board, Pound Districts, Public Dance Halls, Sign, Electric Light Signs, Dense Smoke, Smoke Prevention, Building Permit Fees, Granting of Licensing to Truckers, Motor Vehicle, Motor Vehicles and Motor Trucks, Public Morals, Restaurants, Licensing of Certain Businesses, Coal and Wood, and Boxing and Wrestling By-Laws. 18. Zoning By-Law Amendment "RM-IF" Multiple Residential Infill Land Use Zone Consideration was given to a report from the City Manager referring to a report submitted to Council on December 5, 1994 recommending the adoption of a new multiple residential infill zone and use of design guidelines for infill housing in older areas of the City; advising that adoption of the submitted proposed new "RM-IF" Multiple Residentiallnfill zone and the use of guidelines will help to streamline the development approval process and, at the same time, achieve good quality design sensitive to the older areas of the City; commenting on the proposed guidelines and "RM-IF" zone uses and standards; and recommending that Common Council: (1) set January 29, 1996 as the date for the public hearing and authorize the advertisement for the submitted Zoning By-Law amendment which would create a new "RM-IF" Multiple Residentiallnfill Zone and associated amendments; and (2) refer the amendment to the Planning Advisory Committee for a report and recommendation. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the submitted Zoning By-Law amendment to create a new "RM-IF" Multiple Residentiallnfill zone be referred to the Planning Advisory Committee for a report and recommendation, and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, January 29, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 19. 9-1-1 Civic Address Program RenaminQ Portion Of McGuire Road Consideration was given to a report from the City Manager referring to the October 2 presentation to Council by Mr. Wieslaw Wojcik to rename the lower portion of the road in Martinon known as McGuire Road to Nelson Mandela Road; and submitting a recommendation in this regard after discussions with property owners and consideration of alternatives. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council adopt the following as official street names: the lower portion of McGuire Road be renamed "Riverside Lane" and the portion of roadway at the end of the Stevens Road, which has been reconstructed and is the continuation of the Stevens Road, be named the Stevens Road to its intersection with Riverside Lane, and that Rideau Street be extended to meet the Stevens Road. Question being taken, the motion was carried. 20(a) Planning Advisory Committee Amendment To Section 39 Conditions Re-ZoninQ 20 Prince Edward Street Consideration was given to a report from the Planning Advisory Committee submitting material considered at its November 7 and 21 meetings with regard to the application of H.C. Entertainment Co. Ltd. for a Section 39 amendment to the conditions of re-zoning of 20 Prince Edward Street, which was the tabled at the November 14 public hearing of Council pending the Committee's recommendation; 85-596 COMMON COUNCIL NOVEMBER 27,1995 advising that the applicant did not attend either of the Committee's meetings and the Committee expressed concern about the continued absence of the applicant and adopted a final motion to permit one sign for the proposed business, with no condition regarding its location included; and recommending that the Section 39 conditions attached to the May 8, 1972 re-zoning of 20 Prince Edward Street, also identified as NBGIC Number 18275, be amended to permit one facia sign advertising "Dooly's", having a total area of 40 square feet. 20{b) H.C. Entertainment Co. Ltd. Consideration was also given to a letter from Mr. Hugh Chamberlain of H.C. Entertainment Co. Ltd. asking, subsequent to his attendance at the November 14 meeting in the Council Chamber requesting permission to install three facia signs on Prince Edward Square Mall, Council's consideration of the following items:- (a) the facia sign on Prince Edward Street would be placed on the bulkhead above the entrance to his establishment; (b) a second sign would be placed above the entrance to the underground parking; and (c) the proposed third sign was to have been placed on the Union Street side of the Mall; and asking to be permitted to advertise through exterior signage which is professional and enhance the exterior of the Centre. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 conditions attached to the May 8, 1972 re-zoning of Prince Edward Square at 20 Prince Edward Street, also identified as NBGIC Number 18275, be amended to permit one facia sign advertising "Dooly's", having a total area of 40 square feet. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Mr. Hugh Chamberlain of H.C. Entertainment Co. Ltd. regarding his application for an amendment to the Section 39 conditions of re-zoning of 20 Prince Edward Street (Prince Edward Square) for signage advertising "Dooly's" -- be received and filed. Question being taken, the motion was carried. 21. Planning Advisory Committee Street VestinQ Riverview Drive On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plans of 203-213 Riverview Drive that would vest approximately 1351- square metre (14,543-square foot) portions of the developed street (Riverview Drive). Question being taken, the motion was carried. 22(a) Premier Frank McKenna (b) Minister Of Finance October 10, 1995 CCO Sales Tax Exemption For Convention DeleQates On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letters from (a) Premier Frank McKenna and (b) Minister of Finance Edmond P. Blanchard, responding 85-597 COMMON COUNCIL NOVEMBER 27,1995 to Common Council resolution of October 10, 1995 regarding an exemption for Provincial sales tax paid on accommodations by delegates of large conventions -- be received and filed. Question being taken, the motion was carried. 23. Northern Marine Services Ltd. Request To Purchase 90 Pokiok Road On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Mr. Ralph Hatfield, President of Northern Marine Services Ltd., requesting to purchase the property at 40 Pokiok Road which is slated for demolition -- be referred to the City Manager. Question being taken, the motion was carried. 24. Animal Rescue League CCO October 23, 1995 Inclusion Of Cats In DOQ Bv-Law On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from Mr. Brian Flewelling, Treasurer of the Board of Directors of the Animal Rescue League, commenting on Common Council resolution of October 23, 1995 regarding the inclusion of cats in the Dog By-Law so as to clarify certain areas in the City Manager's report in this regard; and advising that the League will renegotiate a contract which will be satisfactory to both the City and the League -- be referred for consideration in the budget. Question being taken, the motion was carried. 25. David J. Maxwell - Re-Zoning Application 90-92 Lansdowne Avenue On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the application of Mr. David J. Maxwell for the re-zoning of 90-92 Lansdowne Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, January 15, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 26. River Road Action Team River Road Concerned Citizens Committee December 11 Public HearinQ Re Crane Mountain Consideration was given to letter from the River Road Action Team and the River Road Concerned Citizens Committee protesting the time schedule of the December 11,4:00 p.m. meeting for the public hearing for the proposed Municipal Plan amendment and re-zoning of Crane Mountain; and requesting, due to concerns of the citizens not being able to attend due to their own work schedules, the meeting be held at 7:00 p.m. as has been done in the past as it would be more compatible for them. Mr. Rodgers expressed the opinion that the public hearing, which has been set and officially advertised for 4:00 o'clock p.m. on December 11, 1995, cannot be changed unless Council wished to go through the advertising again; so, with respect to 4:00 o'clock p.m., that is set; however, when 4:00 p.m. arrives, with which Council is 85-598 COMMON COUNCIL NOVEMBER 27,1995 certainly obligated to comply at this stage, Council can decide how to judge the situation in that there may be one citizen show up at 4:00 p.m. and, in light of the request before Council which he thinks has some legitimacy considering who has signed the letter, he would advise Council to be available at 7:00 p.m. to continue; but Council cannot ignore the 4:00 p.m. time at this particular juncture in the process. Councillor Knibb proposed a motion that Council ask the Common Clerk to communicate to Marlene Ross and David Bowen the information the City Solicitor has given to Council, that being that Council has to hold the meeting and the public hearing has to officially start at 4:00 p.m. and Council would do everything in its power to accommodate the request to be heard also at 7:00 o'clock p.m. The Mayor suggested that the motion would be to continue the public hearing as advertised; and during discussion the Mayor made the observation that the public hearing would commence at 4:00 p.m., with a recess between 5:00 and 6:00 p.m., and reconvene around 7:00 p.m. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that Marlene Ross of the River Road Action Team and David Bowen of the River Road Concerned Citizens Committee be advised that the public hearing of the proposed Municipal Plan amendment and re- zoning of the property at Crane Mountain will be held as advertised, and Council will accommodate persons who are unable to be present at 4:00 o'clock p.m. Question being taken, the motion was carried. * Added Item On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the letter to Mayor McAlary from Prime Minister Jean Chretien (copies of which were forwarded to Council members as an information item), in response to the Mayor's letter on the Quebec Referendum, be added to the agenda of this meeting for consideration as item 26A. Question being taken, the motion was carried. *26A. Prime Minister - Quebec Referendum On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above letter be received and filed. Question being taken, the motion was carried. Adiournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk