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1996-01-29_Minutes 85-664 COMMON COUNCIL JANUARY 29, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-ninth day of January, A.D. 1996, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors 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; 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; P. Asimakos, Planner; G. Tait, Fire Chief; G. Ingraham, 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 William Powell of the Hillcrest United Baptist Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on January 22, 1996, be approved. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment And (b) 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) of land at 2219 Loch Lomond Road, situated along Loch Lomond Road between civic number 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 approximately 31 hectares (78 acres) of land identified as 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 classification to "RR" One-Family Rural Residential classification, to permit development of a one-family rural residential subdivision with approximately twenty-five (25) unserviced lots and new public streets, as requested by Mr. Dante Foriere, and no written objections were received in this regard. 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's January 23 meeting at which Mr. Richard Turner of Hughes Surveys & Consultants Ltd. expressed objection to the staff recommendation, and the Committee referred the matter back to the applicant and staff in order to determine the approximate cost involved in providing municipal sewer and water facilities; advising that a recommendation regarding this proposal is anticipated in the near future; and 85-665 COMMON COUNCIL JANUARY 29, 1996 recommending that Common Council hold the advertised public hearing but not make any decision until a formal recommendation from the Planning Advisory Committee is provided regarding this matter. Mr. Richard Turner of Hughes Surveys & Consultants Ltd., appearing in support of the proposed amendments, advised that Hughes Surveys & Consultants Ltd. prepared the plans and application for the proposal; and provided background in this regard in that Planning staff's recommendation to deny the proposal was based on a number of reasons of which some are the same as those used in 1987 when recommending denial of a 1987 proposal to develop lands known as the Secord Subdivision which is immediately adjacent to the property in question, although Common Council overruled staff's recommendation and approved the Secord development. Mr. Turner expressed the view that, with regard to the Planning Advisory Committee's recommendation to Council, a number of concerns can be eliminated through dialogue with staff, following which a presentation would again be made to the Planning Advisory Committee so that it can forward its recommendation to Council; and asked Council to reserve its decision pending the Committee's recommendation. Mr. Turner responded to Council queries on references in the submitted Planning Department report to properties within the development area which have not met the City's standards, Foriere Drive having inadequate ditching and a poor driving surface, input from the N.B. Public Health Services and the Environment Department, the indication by Real Estate and Facility Management that the area should be developed with serviced lots in accordance with City servicing, the turnaround on roads suitable for fire fighting apparatus, the gravel pit located on the western portion of the site, the lots being too small for private on-site facilities, and the present location of the trunk sanitary sewer and watermain in relation to the subject property. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the application of Mr. Dante Foriere for a Municipal Plan amendment and re-zoning of property at 2219 Loch Lomond Road be laid on the table until a recommendation is received from the Planning Advisory Committee. Question being taken, the tabling motion was carried. 4(a) Amendment To Section 39 Conditions Of Re-Zoning - McAllister Place 515-519 Westmorland Road The Common Clerk advised that the necessary advertising was completed with regard to approving an expanded development and revised Section 39 conditions for McAllister Place at 515-519 Westmorland Road, other than those requested by the developer, to permit an expansion of up to 200,000 square feet, as well as changes to the parking layout, vehicle circulation facilities (including a proposed new roadway connecting Mark Drive and McAllister Drive) and storm drainage facilities, as requested by McAllister Place Ltd. (Tritor Developments Ltd.), and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting copies of the Planning Department's report and a letter from Mr. Douglas Brooks outlining his concerns, which were considered at the Committee's January 23 meeting at which Ms. Shelley Courser, on behalf of the applicant, expressed agreement with the staff recommendation except with respect to the requirement that a market study be completed by the applicant, and Messrs. Stephen Cronk and Douglas Brook expressed concerns about the existing traffic problem on Mark Drive and the additional traffic impact of the proposed mall expansion; and recommending that Common Council authorize City staff to work with the applicant to prepare specific amendments to the existing development agreement to permit a mall expansion and construction of a new roadway, based on the results of detailed studies to be provided by the proponent with respect to traffic and storm water management. 85-666 COMMON COUNCIL JANUARY 29, 1996 Mr. Douglas Brooks of 177 Mark Drive, appearing in opposition to the proposed amendment, clarified that, although he did not want to speak against the application, he had submitted a letter to the Planning Advisory Committee in that, as the biggest problem at this point is traffic, he is concerned about the proposal going through prior to a time table being set and a new road being put in; and asked that the road be put in place prior to any further construction or re-zoning of the area being approved. Mr. William Lewin of 207 Mark Drive was present in opposition to the proposal on the basis that, while he has no objection to an expansion of the mall facilities, no action should be taken prior to the road being put in, and that studies should be completed with respect to traffic, market conditions, and water and sewerage management; and expressed concern about traffic on Mark Drive. Mr. Stephen Cronk of 199 Mark Drive, appearing in opposition to the proposal, questioned the number of parking spaces required as it appears to him that more growth of the mall requires less parking spaces based on the reference in the 1988 agreement to 2750 parking spaces, the reference in a 1995 amendment to 2450 parking spaces and the reference in the submitted Planning Department's report to 2200 parking spaces; and, in concurring with the previous speakers that there should be no development until such time as the road is built, asked the exact location of the proposed road and the buffer zone. Mr. Cronk expressed concern that some of the commitments of the 1988 Section 39 agreement appear not to have been fulfilled, such as a storm drainage retention centre; and advised that he is in favour of the expansion but the road is needed also. Ms. Shelley Courser of the law firm of Mosher Chedore appeared in support of the proposal representing the applicant; and, in addressing issues raised by the above speakers, advised that, in the 1988 expansion, all the required studies were completed as indicated in the Planning staff's report; however, there would be a necessity for another storm drainage system with the expansion and because of where the expansion would go, and the applicant acknowledges this and agrees that a report is needed to assist in knowing where to locate a storm drainage system which would be done before the expansion took place; and also that, as the mall was already in a specified place when the original expansion went in, there was an over-abundance of parking spaces at the time because of all of the front area of McAllister Place was used for parking as it is now, and the amount of parking spaces at that time was actually more than was needed for the square footage of the mall initially. With respect to the roadway, Ms. Courser explained that the applicant has no desire whatsoever to expand the mall without a new roadway and, prior to the application going to the Planning Advisory Committee, had forwarded to staff an outline of what the applicant would like to see for the roadway, a timetable for completion and the cost sharing it would be prepared to participate in, and the applicant would like to see it done before the end of 1996, regardless of whether the applicant intends to enlarge the mall within the next year and a half; however, the problem becomes that there is no incentive whatsoever on McAllister Place Ltd. to invest a huge amount of money into a roadway when it does not know, with certainty, that once the roadway is completed it will be able to expand the facility. Ms. Courser requested that Council accept the recommendation of the Planning Advisory Committee and staff such that the roadway becomes a necessary part of the expansion but the applicant knows, with certainty, that once the roadway is in place the applicant can proceed with the expansion without the necessity of continuous applications to the Committee and Council; and, with regard to a market study, explained that the applicant would not be building unless it was known that there would be something to go into the expansion and retailers of the type the applicant would be looking for to move into the expansion are large national and international retailers who do their own market studies prior to moving to any given location. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize City staff to work with the applicant, McAllister Place Ltd., to prepare specific amendments to the existing development agreement to permit a mall expansion and construction of a new roadway, based on the results of detailed studies to be provided by the proponent with respect to 85-667 COMMON COUNCIL JANUARY 29, 1996 traffic and storm water management. As to the necessity of a market study, Mr. Rodgers advised that, while staff is leaning toward the position that a market study is not a legal requirement, he could not give a firm opinion at this time as the research is not completed; however, Council could adopt the above resolution and, should he determine that a market study is legally required, a report would be submitted to Council. Mr. Baird responded to Council queries relevant to the possibility of including in an amending agreement specific time frames for the widening of Mark Drive and sanitary sewer easements, as well as issues referenced in the Planning Department's report; and advised that, if Council were to adopt the recommendation, the applicant has expressed its willingness to undertake the required studies and, with these studies and continued negotiations with the adjacent property owners, staff would anticipate being in a position to come back to the Planning Advisory Committee and Council with detailed amendments to the Section 39 agreement which would set out a time table with respect to the expansion, including the prerequisites for the issuance of any building permits for expansion and details relevant to the road. Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting.) 5(a) Zoning By-Law Text Amendment New Zone - "RM-1 F" The Common Clerk advised that the necessary advertising was authorized with regard to a proposed Zoning By-Law text amendment to add a new zone as Section 340 titled "Multiple Residential - Infill Zone (RM-IF)", and to amend Sections 20, 30, 820 and 850, to establish a new zoning classification with development standards which better reflect the character of the older areas of the City and, in turn, reduce the need for variances from the existing "RM-1" Three-Storey Multiple Residential zone, and no written objections were received in this regard. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's January 23 meeting at which Dominick Eden, representing the South Central Citizens Council spoke in favour of the proposed new zoning classification; advising that a separate report and recommendation will be proposed following staff's review of the existing clause which addresses front yard averaging in other zones to see if it is still necessary when the proposed "RM-IF" zone is adopted; and recommending that Common Council amend the Zoning By-Law by: (a) adding a new zone as Section 340 titled "Multiple Residential - Infill Zone (RM-IF)"; (b) amending Section 20 by adding a definition of "infill development", "density" and "amenity space"; (c) amending Section 30(1) by adding "multiple residential infill RM-IF"; (d) amending Section 30(2) by adding "RM-IF"; (e) amending Section 30(4) by adding "RM-IF"; (f) amending Section 820(7) by deleting the first phrase and inserting "Notwithstanding any requirement in this By-Law in any "R" zone or "B-1" zone, excluding the "RM-IF" zone; and (g) amending Section 850(2) by adding parking requirements for uses within the new "RM-IF" zone. 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, so as to add a new section titled "Multiple Residential - Infill (RM-IF)", 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 85-668 COMMON COUNCIL JANUARY 29, 1996 Seconded by Councillor Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, so as to add a new section titled "Multiple Residential - Infill (RM-IF)", 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. (Deputy Mayor Chase re-entered the meeting.) 6(a) Zoning By-Law Amendment To Re-Zone 7 Sherwood Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 7 Sherwood Drive (NBGIC Number 324012), located at the corner of Sherwood and Champlain Drives, from "B-1" Local Business to "BR" Business Residential classification, to permit five dwelling units within the existing building, as requested by Mr. Sergio Romano, and no written objections were received in this regard. 6{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and a letter in opposition to the proposal considered at the Committee's January 23 meeting at which applicant spoke in favour of the application; and recommending that the requested re- zoning be denied. Mr. Sergio Romano was present in support of his application and, referring to a prepared brief (copies of which were distributed to Council members at this time), advised that the three small bachelor apartments for which he is seeking approval are all listed under 129 Champlain Drive which is at the rear of the building facing commercial property; and commented on unsuccessful attempts to sell the house as a single dwelling due to its location at a corner, the lack of privacy and the noisy refinery at one side of it. Mr. Romano explained that the reason he did not apply for zoning changes in 1992 and 1993 was that he felt it best to try something before taking a chance like his predecessors and losing out; expressed the view that he has improved the property; and circulated photographs on which he commented from the point of view of the appearance of the property in comparison to others in the area, noting that his neighbours have not objected but have praised him for the work he has put into the property. Mr. Romano also advised that he is making changes to the property as required by the code, including a new electrical entrance, and that refusal of his application would mean possible bankruptcy for him as it appears that the use is the only working solution for the rear portion of the property; and asked to be allowed to use the property as it is. In response to Council queries, Mr. Romano advised that the property currently includes three small bachelor apartments, one one-bedroom apartment, a beauty salon, and a three-bedroom house section on Sherwood Drive, and currently the building is approved for a beauty salon, one one-bedroom apartment and a three- bedroom house; and also advised that there are people currently living in the bachelor apartments, and he did not apply for building permits to create the three bachelor apartments. As to whether or not, in view of the building code issues relevant to the property, Council, should it overturn the Planning Advisory Committee's recommendation, would be liable should something tragic happened there, Mr. Rodgers 85-669 COMMON COUNCIL JANUARY 29, 1996 expressed the opinion that whatever liability may exist would not turn on Council's decision to re-zone or not re-zone. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, the application of Mr. Sergio Romano for the re-zoning of 7 Sherwood Drive be denied. Question being taken, the motion was carried. 7(a) Zoning By-Law Amendment To Re-Zone 170 Manners Sutton Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of 7 acres of land situated at 170 Manners Sutton Road (NBGIC Number 52480 and a portion of NBGIC Number 55092266), from "RF" Rural to "R-1A" One-Family Residential classification, to allow the development of a one-family residential subdivision with fifteen (15) serviced lots and a private street, as requested by Hughes Surveys & Consultants Ltd. on behalf of Mr. G.A. (Sandy) Robertson, and a written objection (copies of which were distributed to Council members at this meeting) was received from James and Patti Knox, as well as 7{c) letters in support of the proposal from Mr. 1.G.(Gil) Hall, Dorothy Dickie, L. S. Armstrong, A.S. Pustowka, Enterprise Saint John and M. R. Baxter (copies of the latter distributed to Council members at this meeting), and 7{d) a letter of concern about the proposed re-zoning from Kimberley Graham. 7{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and letters, the majority of which express support for the proposed development, which were considered at the Committee's January 23 meeting, at which there were presentations in support and presentations regarding the development of Lots 1, 2 and 3, the condition of Manners Sutton Road and the anticipated truck traffic; advising that the Committee adopted the staff recommendation with the inclusion of an additional recommendation regarding the concerns expressed by residents regarding vehicles parking along Manners Sutton Road, the condition of the street (narrow driving surface) and the potential of an illegal number of dwelling units in the neighbourhood, and also that a separate recommendation regarding the subdivision would follow should Council approve the re-zoning request; further advising that the Committee also granted the use of a private street as a means of access, the variances related to the proposed private street, and the requested street name "Yacht Haven Lane"; and recommending that (1) Common Council re-zone approximately 2.8 hectares (7 acres) of land situated at 170 Manners Sutton Road (NBGIC Number 52480 and a portion of NBGIC Number 55092266), from "RF" Rural to "R-1A" One-Family Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act that would set out the following conditions: (a) the transportation of fill material during the construction of the proposed private street be limited to the hours of 8:00 a.m. to 6:00 p.m. Mondays to Saturdays and prohibited on Sundays; (b) the filling of land on proposed Lots 1, 2, 3 and 15 be in accordance with a detailed grading plan approved by the Development Officer; and (c) the individual deeds for all the proposed lots indicate the proposed street is a private access that will not be maintained by the City; and (2) Common Council consider the following: (a) improvement to Manners Sutton Road in order to develop a wider asphalt driving surface for the safer movement of vehicles; (b) the possible designation of Manners Sutton Road to restrict on-street parking of vehicles; and (c) directing staff to determine whether any of the residential properties in the neighbourhood have illegal dwelling units. Mrs. Kimberley Graham of 50 Manners Sutton Road, appearing in opposition to the proposal, clarified that she was not speaking against the application as she was actually in favour of the development as it would be good for the 85-670 COMMON COUNCIL JANUARY 29, 1996 neighbourhood; however, her appearance before Council was to request amendments to the staff recommendations dealing with transportation of fill material so as to prohibit transportation of fill material on both Saturday and Sunday when the spring weight restrictions come into effect as this is the time of year when people want to enjoy their property out-of-doors, and to extend the recommendation to include the filling of Lots 1, 2, 3 and 15 and not just limited to the construction of the proposed private street, her reason for this based on her concern that currently it is not known how much fill would have to be transported into the area and, under the permit the developer has, he is unlimited as to the days and times he can take material in and, although staff's recommendation would limit the transportation of fill material to the private street, it does not mention the lots that have to be filled in; so, in effect, this would mean that, in spite of the hours that are restricted and the prohibition of trucking on Saturday and Sunday, the developer would still be able to trunk in loads of material any time during the day and any day of the week. Mrs. Graham asked, as a resident of the area who likes to enjoy her property in the summer and based on her concern for the safety of children in the area, that Council consider these two amendments. Mr. James Knox of 169 Manners Sutton Road, speaking in opposition to the proposal, advised that his property is currently under construction and is adjacent to the subject property and that, other than his concern about Lots 1, 2 and 3 which are currently under water, he is in favour of the proposed subdivision; and outlined his concern, as indicated in his above-noted letter, about (1) the filling of water/wetland to create lots for cost recovery and personal profit and gain; (2) the amount of fill and grading and possible future water problems; and (3) the safety of children in the area as Manners Sutton Road is a very narrow street in poor condition with on-street parking and no sidewalks. Mr. Knox, referring to photographs submitted with his letter, noted the proposed causeway crossing to the land to be subdivided; and suggested that Lots 1, 2 and 3, which are wetland and create a water habitat for ducks, geese, blue heron and so on, should be the land for public purposes. Mr. Knox questioned the request for a variance on the road width from 66 feet to 50 feet for the private street in that, according to his numbers, the turn radius would be about 25 feet short on the cul-de- sac due to his concern about accessibility for fire trucks; and asked if, as is his understanding, raw sewerage goes directly into the river when the existing lift station is at its maximum. Mr. Knox asked Council (1) to consider leaving Lots 1,2 and 3 as "RF" Rural so they could not be built on and could be used as a pristine, or green, land for public purposes area; and (2) with so many questions unanswered, to consider tabling some of the developer's requests. Mr. Richard Turner of Hughes Surveys & Consultants Ltd., appearing in support of the proposal, advised that Hughes Surveys & Consultants Ltd. prepared the application and development plans on behalf of the owner; noted the letters to the Planning Advisory Committee in favour of the proposal; and commented on subject property on which presently two structures exist - a vacant residential dwelling and a former sawmill used for storage, the intent being to remove these buildings prior to any approval of the final subdivision plan, as well as on the development proposal involving 15 lots, much larger than usually proposed in an "R-1A" zoning classification, to be serviced by a private street to be owned and maintained by the lot areas and with common areas also to be maintained by the residents within the development, and providing a large waterfront parcel of land for public purposes. Mr. Turner also advised that the land development phase of the proposal would begin immediately upon approval, with the present construction schedule providing for all earth work and importing of granular material to take place through the winter and early spring, with a hydraulic breaker rather than blasting to be used for most rock excavation so as to reduce the impact on the neighbourhood and the environment; and further advised the applicant's willingness to accommodate the amendment requested by Mrs. Graham prohibiting transporting fill on the weekends, should Council wish to include it in a motion, and that it is the intent to fill the lots at the same time as the road, and his intent to deal with anything that arises from the Department of the Environment's review, as well as the Province's issuance of a permit approving the areas for fill in preparation for development; and, referring to photographs circulated at the Planning Advisory Committee by a man who indicated that they were taken in November or early December, circulated at this time, for comparison purposes, photographs which, he advised, were taken on October 23 showing the location of the road and the actual location of the access. Referring to the subdivision layout chart included in the Committee's report, Mr. Turner apprised Council of the proposed location of the road in 85-671 COMMON COUNCIL JANUARY 29, 1996 relation to Lots 1, 2, 3 and 15 and the elevations of these lots compared to the road, as well as the effect on the road should Lots 1, 2 and 3 be used as land for public purposes. Mr. Turner made the observation that the width of the proposed access road to the subdivision compares with the width of sections of Manners Sutton Road, although a narrower road right-of-way is proposed so that there would be more room for the building sites on either side of the peninsula; thus, there is no provision to put an extremely narrow lane into the subject property; noted the requirement for a drainage plan; and, as to the request to delay this matter, advised that he would have a problem with that as one of the main issues is to try to get the fill work done before the summer months, so any delay in a decision would push the construction period closer to the summer and would basically put some of the work after the spring weight restrictions; and apprised Council of the benefits to the community of the proposed development. Mr. Turner responded to Council queries as to the location and length of the proposed private road, the elevation of the Knox property in relation to the subject property, and the amount of fill that could be required; and advised that the applicant accepts the Planning Advisory Committee's recommendation and is agreeable to any amendment that would take the truck traffic off the streets in the summer months on the weekends and also that the elimination of Lots 1, 2 and 3 would make the project not feasible. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 2.8 hectares (7 acres) of land situated at 170 Manners Sutton Road (NBGIC Number 52480 and a portion of NBGIC Number 55092266), from "RF" Rural to "R-1A" One-Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee with an amendment so as to prohibit transportation of fill material on Saturdays also, 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 Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 2.8 hectares (7 acres) of land situated at 170 Manners Sutton Road (NBGIC Number 52480 and a portion of NBGIC Number 55092266), from "RF" Rural to "R-1A" One-Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee with an amendment so as to prohibit transportation of fill material on Saturdays also, 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 Vincent RESOLVED the recommendation of the Planning Advisory Committee for Common Council to consider the following: (a) improvement to Manners Sutton Road in order to develop a wider asphalt driving surface for the safer movement of vehicles; (b) the possible designation of Manners Sutton Road to restrict on-street parking of vehicles; and (c) directing staff to determine whether any of the residential properties in the neighbourhood have illegal dwelling units -- be referred to the City Manager. 85-672 COMMON COUNCIL JANUARY 29, 1996 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. 8. Municipal Plan Amendment 155 St. John Street Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property at 155 St. John Street (NBGIC Number 36514), located at the intersection of St. John and Ludlow Streets, from Low Density Residential to District Centre Commercial classification, to permit the re-zoning of the property to a "B-2" General Business zone and use of a portion of the existing building as a retail store specializing in consignment sales of ladies' clothing, as requested by Ms. Donna Chaisson and Mr. Richard Cormier. 9. Department Of Fisheries And Oceans Divestiture Of Saint John Hatcherv (Deputy Mayor Chase withdrew from the meeting.) Mr. John A. Ritter of the Department of Fisheries and Oceans addressed Council on the status of the Department's plans to attempt to divest the operation of the Saint John Hatchery at 1700 Loch Lomond Road to public and/or private interests who will operate the Hatchery for the benefit of the public fisheries, and to complete the divestiture by March 31, 1997, as outlined in the previously-submitted brief; and requested Common Council's approval to proceed with the divestiture of the Saint John Hatchery, and that Council appoint a contact person who can advise on terms of a new lease arrangement involving the City, Irving Refining Ltd. and new interests who may wish to operate the Hatchery. Mr. Ritter advised that, in the event there is no interest in operating the Saint John Hatchery, it would be closed and, in this eventuality, it would not be operated as a hatchery and would be disposed of through the public tendering process subject to approval by the City and Irving Refining Ltd., with terms of the lease negotiated with the successful bidder to be substantially different in this case. (Councillor Vincent withdrew from the meeting during the above presentation. ) The Mayor advised that the City Manager has indicated that Mr. Charles Robichaud would be the City staff contact person for the above matter. (Councillor Vincent and Deputy Mayor Chase re-entered the meeting.) Mr. Ritter, in response to Council queries, advised the number of employees at the Hatchery and the intent in this regard upon divestiture of the operation. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that Mr. Charles Robichaud, Commissioner of Municipal Operations, be appointed as the contact person with regard to the divestiture of the Saint John Hatchery at 1700 Loch Lomond Road. Councillor Trites suggested that, for Council to give its approval to proceed with the divestiture of the Saint John Hatchery, would set a precedent as a Council approving the closure of any facility operated by another level of government. Question being taken, the motion was carried. The Mayor asked for Council's consideration of item 21 at this time. 85-673 COMMON COUNCIL JANUARY 29, 1996 On motion of Councillor Gould Seconded by Councillor Ball RESOLVED that Council consider item 21 at this time. Question being taken, the motion was carried. 21. Council AQenda Review Committee Consideration was given to a report from Councillor Vincent, Chairman, Deputy Mayor Chase and Mr. P. Joseph Coughlan, members, of the Council Agenda Review Committee, advising that they have completed their deliberations and report preparation which will be distributed to Council prior to the start of this meeting, as well as the Committee's intent to speak briefly on this topic and subsequently move a tabling motion so that Council will have an opportunity to study the report in detail, with the matter to be placed on the agenda for full discussion and debate on Monday, February 26. The presence at the meeting of former Councillor Joseph Coughlan was noted. On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the Council Agenda Review Committee's report (copies of which were distributed to Council members at this meeting) be laid on the table and included for full discussion and debate on the agenda of open session of Council on Monday, February 26, 1996. Question being taken, the tabling motion was carried. The Mayor called for a motion to add to the agenda of this meeting as item 9A the presentation of a report by the Saint John Harbour Bridge Authority. * Added Item On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that a presentation of a report by the Saint John Harbour Bridge Authority be added to the agenda of this meeting for consideration as item 9A. Question being taken, the motion was carried. *9A. Saint John Harbour BridQe Authority Mr. Ladds Batten, Chairman of the Saint John Harbour Bridge Authority, addressed Council concerning the activities at the Harbour Bridge for the fiscal year 1995-1996, and advised that, although normally at this time the Authority would be presenting a report and budget, the Authority's 1995-1996 budget has not yet been approved by the Federal Government and the Authority has since sent off its 1996- 1997 budget. Mr. Batten also advised that the Authority will have a $200,000 plus surplus this year and, as there is no need projected for increased large scale repairs, no toll increase is required; and apprised Council of how the Authority has increased its community awareness, as well as on the manner in which a new system, to replace the antiquated toll equipment, which includes a concept of automatic vehicle identification, will operate, the Saint John Harbour Bridge Authority being the first toll authority ever to use this low frequency technology. (Councillor Vincent withdrew from the meeting during the above presentation. ) 85-674 COMMON COUNCIL JANUARY 29, 1996 The Mayor thanked Mr. Batten for his presentation, as well as for his work on the Harbour Bridge Authority. (Councillor Vincent re-entered the meeting.) 10. Mayor's Remarks The Mayor extended a message of condolence to Councillor Shirley Arthurs, and the members of her family, on the death of her mother, Kathleen Clark, on January 25. Mayor McAlary proclaimed February as Black History Month in the City of Saint John, noting the efforts of PRUDE Inc. in promoting the development of programs to enhance the quality of life of the black citizens; and also proclaimed February as Heart Month on behalf of the Heart and Stroke Foundation; and welcomed to the City the Board of Directors, the Chairman and the President of the Bank of Nova Scotia who are holding their Annual Meeting in Saint John, which is the first time the Bank of Nova Scotia has held an annual meeting outside the Province of Nova Scotia. The Mayor noted that February 14 has been declared Milk Day, as well as Skate-to-Care on February 3 at Lily Lake; and congratulated the Carleton Curling Club on the celebration of its 100th anniversary, and also congratulated the members of the Women's Team at the Club on winning the Provincial Championship, taking them to the National Championship in Thunder Bay in February. 10A. Shortfall In United Way CampaiQn On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Councillor Knibb submitting a copy of a newspaper article regarding the United Way Campaign shortfall of its target of $1.4 million by as much as 20%; and urging his colleagues and all citizens to make a meaningful contribution to this vital fund, either by a direct or payroll contribution -- be received and filed. Question being taken, the motion was carried. 11. Tendering Process Landfill - RecyclinQ Consideration was given to a report from the City Manager advising that, with regard to Council's January 22 request for answers to a number of questions related to the tendering process followed by the Fundy Region Solid Waste Commission, many of Council's questions can be answered by City staff and staff has undertaken to provide this information to Council; however, there are a number of questions for which answers should be provided to Common Council directly by the Commission, as listed; and submitting a recommendation in this regard. On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the Mayor and Council formally request the Fundy Region Solid Waste Commission to conduct a teach-in for the benefit of Council and citizens, with the teach-in to provide answers to the questions noted in the City Manager's report in this regard. Moved in amendment by Councillor Knibb Seconded by Councillor Trites RESOLVED that the Common Council of the City of Saint John go on record as opposing the proposal of the Fundy Region Solid Waste Commission to contract without tender and urging it to call for new proposals 85-675 COMMON COUNCIL JANUARY 29, 1996 forthwith for the landfill site and the maximum recycling and composting facility. Question being taken, the amendment to the motion was carried. Question being taken, the motion, as amended, was carried. 12. Traffic By-Law Amendment ParkinQ At Inverness Place On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager advising that residents of Inverness Place have requested that parking be prohibited on the south side of the street, and the Works Division, Operations Branch, agrees with the need to eliminate parking on one side of the street; and recommending that the proposed amendment to the Traffic By-Law be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking at Inverness Place, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking at Inverness Place, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 13. Tender For Janitorial Service - Pedway On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Adora Cleaning Ltd., in the amount of $32,905.76 (GST included) for the first term and $24,388.80 (GST included) for the optional second term, plus the additional daily and hourly rates, as required and indicated in the submitted summary of bids, be accepted for the provision of janitorial cleaning services to the section of the pedway system which joins the Canada Games Aquatic Centre and Harbour Station. Question being taken, the motion was carried. 14. M & M Painting Ltd.'s Offer To Purchase 70 BridQe Street Consideration was given to a report from the City Manager regarding the 85-676 COMMON COUNCIL JANUARY 29, 1996 submitted letter from M & M Painting Ltd. to the Mayor and Council offering to purchase 70 Bridge Street for the sum of $1,500 and to pay all costs related to the closing of the Common Alley between its property at 60-62 Bridge Street and the City property; referring to Council's previous authorization for staff to open negotiations with Service Associates Ltd. for the sale of the City-owned property at 70 Bridge Street and the City's permission to Service Associates Ltd. to apply for the re-zoning of the subject property; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Council advise the owner of M & M Painting Ltd. that the City-owned land at 70 Bridge Street (NBGIC Number 373845) is currently under option to Service Associates Ltd. and M & M Painting's offer to purchase the subject property cannot be considered at this time. Question being taken, the motion was carried. 15. Taxi By-Law Read a report from the City Manager regarding the proposed amendment to the Taxi By-Law with respect to fees for licenses, third reading of which is on the agenda of this meeting under item 19, and the January 2 and January 15 presentations to Council in this regard; responding to Council's January 15 referral of the proposed Taxi By-Law amendment for a recommendation on phasing in the increase over two years and for input on the feasibility of allowing the taxi industry to pay the increase in two instalments this year if Council proceeds with the full increase; and recommending that the third reading of the proposed Taxi By-Law amendment regarding fees for licensing be taken from the table and the proposed amendment be read a third time, with the proposed rate changes in Section 4(2)(b) and 5(2)(b) to be effective January 1, 1997. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the above report from the City Manager be received and Council proceed with third reading of the Taxi By-Law amendment under item 19. Question being taken, the motion was carried. (Councillor Brown withdrew from the meeting.) 19. Taxi By-Law Amendment The Mayor advised that, as a by-law amendment cannot have two different dates, all three sections of the proposed Taxi By-Law amendment would be effective January 1, 1997, and called for a motion for third reading of the amendment accordingly. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulating And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John", with regard to fees for licenses, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Councillor Gould asked how the City would compensate for the approximate $40,000 revenue loss in 1996 as the above amendment would now not come into effect until 1997, to which the Mayor replied that the City Manager would be making a recommendation in this regard. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulating And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint 85-677 COMMON COUNCIL JANUARY 29, 1996 John". Question being taken, the motion was carried with Councillor Gould voting "nay". (Councillor Brown re-entered the meeting.) 16. ParkinQ Meter Bv-Law Amendment Read a report from the City Solicitor submitting for Council's consideration of third reading a proposed Parking Meter By-Law amendment respecting fees, which was given first and second readings on January 15. The Mayor advised that it is necessary to delete section 1 from the submitted By-Law amendment which was to be effective June 1, 1996, as, was the case with the above amendment to the Taxi By-Law, there cannot be two different effective dates in a by-law according to the City Solicitor; therefore, only portions 2 and 3 of the submitted amendment which are effective February 1, 1996 would be read at this meeting, with portion 1 to be submitted at a future meeting of Council as a separate amendment. (Councillor Ball withdrew from the meeting.) On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law To Provide For the Preservation Of Certain Streets Or Portions Thereof For Parking Purposes And to Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", with regard to fees, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law To Provide For The Preservation Of Certain Streets Or Portions Thereof For Parking Purposes And to Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", was read in its entirety. Question being taken, the motion was carried with Councillor Gould voting "nay". (Councillor Ball re-entered the meeting.) 17. Traffic Bv-Law Amendment Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed amendment to the Traffic By-Law respecting voluntary penalties, which was given first and second readings on January 15, 1996. On motion of Councillor Waldschutz Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to voluntary penalties, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 18. HearinQ Of Taxi Appeals 85-678 COMMON COUNCIL JANUARY 29, 1996 Consideration was given to a report from the City Solicitor further to Council's consideration on January 22 of a letter from the Saint John Board of Police Commissioners requesting that it be permitted to hear taxi appeals; expressing the opinion that Council, if it so wishes, can amend the Taxi By-Law to have taxi appeals heard by the Commission; and submitting the appropriate amendment. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulating And Licensing Of Owners And Operators Of Taxi Cabs In The City Of Saint John", with regard to the hearing of taxi appeals, be read a first time. Councillor Vincent advised his intent to oppose the proposed amendment because, in his view, the opportunity for an enterprise to come before the elected officials of a municipality on an appeal basis is somewhat distinctly different from the role of the police commission. Question being taken, the motion was carried with Councillors Ball, Gould and Vincent voting "nay". Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulating And Licensing Of Owners And Operators Of Taxi Cabs In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting The Regulating And Licensing Of Owners And Operators Of Taxi Cabs In The City Of Saint John", with regard to the hearing of taxi appeals, be read a second time. Question being taken, the motion was carried with Councillors Ball, Gould and Vincent voting "nay". Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulating And Licensing Of Owners And Operators Of Taxi Cabs In The City Of Saint John". 20. Committee Of The Whole Report Read the 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 January 22, 1996, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That Common Council approve a two-step salary adjustment, to be effective January 1, 1996, for the position of Assistant Common Clerk. 2. That Common Council approve a two-step salary adjustment, to be effective January 1, 1996, for the position of Common Clerk. 3. That the City Manager's salary be adjusted to the sum of $96,870, effective January 1, 1996. 85-679 COMMON COUNCIL JANUARY 29, 1996 January 29, 1996, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 20. Salary Adjustments .1. Assistant Common Clerk .2. Common Clerk .3. City ManaQer On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that sections 1, 2 and 3 of the above report be adopted. Question being taken, the motion was carried. 22. Preservation Review Board Appointment Of Additional Members On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from the Preservation Review Board noting the May 1995 amendment to the Municipal Heritage Preservation Act to allow an increase in the number of members on preservation boards from seven up to eleven, as well as to allow Council to determine the duration of the term of membership, which can now be between one and three years; and recommending that (1) the number of members of the Preservation Review Board be increased from seven to nine members; and (2)(a) the term of one new member to expire December 31, 1996; (b) the term of the second new member to expire December 31, 1998; and (c) the subsequent terms of both new members be for a three-year term -- be received and filed and the recommendation adopted and referred to the Nominating Committee. Question being taken, the motion was carried. 23. Planning Advisory Committee 1996 Committee Executive On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that the report from the Planning Advisory Committee naming the members of the Committee's 1996 Executive as follows:- Chairman - Donald Bonnell; Vice-Chairman - Michael Richard; Past Chairman (Third Executive Member) Brian Beckingham -- be received and filed and Council wish the Committee well in its efforts and express appreciation to Mr. Brian Beckingham for his past chairmanship of the Committee. Question being taken, the motion was carried. 24. Board Of Trustees Of City Of Saint John Pension Plan Amendments To Pension Act Read a letter from the Board of Trustees of the City of Saint John Pension Plan submitting proposed amendments to the Pension Act, as well as explanatory notes on the changes being recommended. On motion of Councillor Knibb 85-680 COMMON COUNCIL JANUARY 29, 1996 Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the submitted proposed amendments to the City of Saint John Pension Act for presentation to the spring session of the New Brunswick Legislature involving (1) introduction of indexing; (2) maximum pension to be increased on an annual basis; (3) buy back of pensionable service; (4) applications for disability pension; (5) dependant's child pension; (6) deferred pension; and (7) housekeeping changes or changes of a technical nature. Councillor Knibb, Acting Chairman of the Pension Board, and Mr. Wilson, Treasurer of the Board, highlighted the proposed amendments to the Pension Act, and Councillor Knibb advised that the Retirees' group is opposing the amendments. Question being taken, the motion was carried. 25. Sheehan/Barr Associates Aquatic Centre Expansion On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Messrs. Alastair Barr and Donald Sheehan of Sheehan/Barr Associates acknowledging Common Council resolution of November 6, 1995 tabling Sheehan/Barr Associates' letter pending a final decision on the Aquatic Centre expansion, subject to appropriate legal input at that time; and advising that they will be seeking compensation through Council regardless of whether or not Council ultimately decides to proceed with the Aquatic Centre expansion and will await Council's formal decisions on both the expansion project and the issue of compensation prior to commencing tentative legal action against the City of Saint John -- be received and filed. Question being taken, the motion was carried. 26. Cities Of New Brunswick Association Resolutions For Winter MeetinQ On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the memorandum from the Cities of New Brunswick Association advising that the deadline for submitting resolutions to the Association's 1996 Winter Meeting in Edmundston is Friday, February 2 -- be referred to the City Manager. Question being taken, the motion was carried. 27. Summer Strings Music Camp Request For Donation On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Ms. Sarah Pinette and Mr. Lance Ouellette of the Summer Strings Music Camp requesting a donation from the City of Saint John to help subsidize the expense of a summer day camp for string instrumentalists in late June -- be received and filed. Question being taken, the motion was carried with Councillor Ball voting "nay". 28. Dallas & Pamela Urquhart Re-ZoninQ 742 Bav Street 85-681 COMMON COUNCIL JANUARY 29, 1996 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Dallas and Pamela Urquhart for the re-zoning of 742 Bay Street 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, March 25, 1996 at 7:00 o'clock p.m. Question being taken, the motion was carried. 29. Stephen Alexander - Resignation From Preservation Review Board On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Stephen Alexander advising that, as a result of the demands of his job having made it necessary for him to work in Halifax for the foreseeable future, he is unable to contribute effectively to the Preservation Board and feels that he must resign his position on the Board -- be received with regret and Mr. Alexander be thanked for his service to the City, and the matter be referred to the Nominating Committee. Question being taken, the motion was carried. 30. City Market Promotions Committee - Annual Report On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the 1995 Annual Report of the City Market Promotions Committee be received and filed. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk