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1996-02-05_Minutes 85-682 COMMON COUNCIL FEBRUARY 5, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifth day of February, A.D. 1996, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites and Vincent - 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. Woods, Deputy Commissioner of Finance; J. Baird, Manager, Community Planning; W. Edwards, Building Inspector; G. Tait, Fire Chief; B. Thompson, Deputy Chief of Police; K. Galbraith, Manager of Public Affairs; 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 Lawrence Morin of the Lighthouse of Faith 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 January 29, 1996, be approved. Question being taken, the motion was carried. (Councillor Trites entered the meeting.) 3. Mayor's Remarks Mayor McAlary welcomed Elaine Moore of the Saint John Home Economics Association who addressed Council on the Association's milk fund drive to be held February 14, the Mayor having previously declared February 14 as Milk Day in the City of Saint John. The Mayor extended condolences to the family of the late Mr. David Joseph MacDonald, an employee of the City's Works Department, who passed away on January 31, 1996. Mayor McAlary congratulated those involved in the February 3 Skate-to- Care event for the success of their endeavour on behalf of Mind Care New Brunswick; noted the opening of the Ketepec Seniors Housing Complex on Boars Head Road on February 4, as well as the departure on February 4 of the Armed Forces Troops from Camp Gagetown to Bosnia; and proclaimed February 4 to 10 as International Development Week 1996 in the City of Saint John, FCM having encouraged its members to recognize this event which is designated annually by the Government of Canada to focus attention on the challenges facing people in developing countries and the growing interdependence between Canada and the countries of the South. Councillor Vincent noted the recent take-over of the harness racing operation at Exhibition Park Raceway in that it has resulted in nearly 200 people being employed again. 4. Residential Tax Base Task Force Read a letter from Mayor McAlary submitting for Council's consideration 85-683 COMMON COUNCIL FEBRUARY 5, 1996 names of members of Council and of the public who have expressed interest in serving on the Residential Tax Base Task Force, which is not to be a regular Council-appointed committee for a long duration but a task force with a time frame of somewhere in the area of eight to ten months. On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that Councillors Sterling Brown, Walter Ball and Chris Waldschutz and Messrs. Hodges Hamm, Bruce Dowd, Stephen Carson, Don Gillis and Stephen Chase be appointed to the Residential Tax Base Task Force. Councillor Knibb proposed that Messrs. G.A. (Sandy) Robertson and Wayne Moore should also be members of the Task Force. Question being taken, the motion was carried. 5. Resolution For Submission To Cities Of New Brunswick Read a letter from Councillor Ball proposing that the submitted resolution be adopted by Council for submission to the forthcoming meeting of the Cities of New Brunswick Association. On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that the submitted resolution urging the Province to allocate additional funding to ensure that property assessments appealed to the Board are properly defended -- be referred to the Resolutions Committee of the Cities of New Brunswick to attempt to arrange for a representative of NBGIC to address the Association in this regard. During discussion Councillor Knibb expressed his reservation about recommending that the Province employ more bureaucrats to interfere with what seems to be a perfectly normal process; and Councillor Gould expressed concern about, as the Assessment Act provides for appeal procedures, creating the impression that a citizen's opportunity and privilege to appeal was being weakened or removed, whether residential or commercial. Councillor Trites suggested that it might be appropriate to ask the Cities of New Brunswick Association to put this item on the agenda and ask a representative from NBGIC to attend the meeting and explain the process; and Councillor Ball, a member of the Association's Resolutions Committee, agreed to the referral of the above matter to the Resolutions Committee to have NBGIC explain the process. Question being taken, the motion was carried. 6. Invoice - Christmas Decorative LiQhtinQ On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of the submitted invoice from The Power Commission of the City of Saint John, in the amount of $22,272.16, with regard to the Christmas decorative lighting. Councillor Fitzpatrick questioned the reason for Council approving the above payment in that the amount is within the City Manager's spending authority. Question being taken, the motion was carried. 85-684 COMMON COUNCIL FEBRUARY 5, 1996 7. Environmental Trust Fund On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the report from the Acting City Manager advising that the following projects have been submitted to the Environmental Trust Fund before the deadline of January 31,1996:- (1) Implementation of Universal Water Metering - An Analysis of Opportunities and Costs; (2) Rockwood Park Integrated Resource Management Plan; (3) Clean-Up Week - Towing and Disposal of Junked or Abandoned Vehicles; and (4) Municipal Energy Efficiency Program (Saint John Environment Committee) -- be received and filed. Question being taken, the motion was carried. 8. Transfer Of Title 109 Beaverbrook Avenue Consideration was given to a report from the Acting City Manager advising that the subdivision plan used to transfer title of property, "Parcel "A" as shown on the submitted plan to Mr. Fred Haycox, in accordance with Common Council resolution of August 9, 1965, erroneously indicated the Haycox property as being 74 feet wide, as did the City assessment and taxation records prior to amalgamation; however the Haycox property was at that time and remains 45 feet wide; explaining that the filing of the subdivision plan, by virtue of other existing property lines, created a parcel of land, Parcel "B", which Mr. Haycox apparently assumed was included in the transfer from the City, possibly based on the subdivision plan prepared by the City, and used and developed it over the years as if it were owned by him; also advising that Mr. Ralph Boyle, having recently purchased the late Fred Haycox property, purchased it as being the parent lot (approximately 45 x 95 feet) and Parcels "A" and "B" and his solicitor has requested on his behalf a quit claim deed from the City to rectify the discrepancy in the title to Parcel "B"; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the Acting City Manager, Common Council authorize a quit claim deed in favour of Mr. Ralph Boyle for Parcel "B" as referred to in the City Manager's report on condition that Mr. Boyle assume all costs associated with this transaction together with payment of any current and past due property taxes associated with Parcel "B". Question being taken, the motion was carried. 9. Traffic By-Law Amendment ParkinQ At Inverness Place Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-law amendment regarding parking at Inverness Place, which was given first and second readings on January 29, 1996. On motion of Councillor Knibb Seconded by Councillor Brown 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 third time and enacted and the Corporate Common Seal be affixed thereto. (Councillor Arthurs withdrew from the meeting.) 85-685 COMMON COUNCIL FEBRUARY 5, 1996 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. 9A. Amendment To Taxi By-Law HearinQ Of Taxi Appeals Consideration was given to a report from the City Solicitor regarding the proposed amendment to the Taxi By-Law for the hearing of taxi appeals, third reading of which is on the agenda of this meeting for consideration under item 12; explaining that, in the initial stages, he was concentrating on the relationship between the collective agreement with Local 61 and the Police Act in that the latter indicates that the Board of Police Commissioners shall act in place of the municipality in providing direction and policy required for the Police Force; also explaining that, while Council can delegate administrative functions, in the absence of express statutory authority, Council cannot delegate its legislative and quasi judicial roles to any other person or agency, and the hearing of taxi appeals by Council comes from an inherent power to perform a quasi judicial function - a function to be fair, impartial and hear both sides before making a decision; and expressing the opinion that Council does not have the authority to delegate to the Board of Police Commissioners the power to hear taxi appeals and, if Council is desirous of removing itself from this particular role, a request should be made to the appropriate Provincial department to have the Municipalities Act amended. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above report from the City Solicitor be received and filed and no action be taken to pursue third reading of the proposed Taxi By-Law amendment with regard to the hearing of taxi appeals. Deputy Mayor Chase expressed concern about the relationship with the Board of Police Commissioners because of the differences of opinion as to whom has final say in matters of policing, policing staff, adequacy of policing and so on, and proposed a motion that the Mayor undertake to set up a committee of Council to examine that relationship and report to Council at a time convenient to the Mayor. Upon Councillor Ball's seconding of the motion, the Mayor noted the above motion on the floor. Question being taken, the motion was carried. 12. Taxi By-Law Amendment HearinQ Of Taxi Appeals On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that the matter of third reading of a proposed Taxi By-Law amendment with regard to the hearing of taxi appeals be received and filed. Question being taken, the motion was carried. Deputy Mayor Chase proceeded to propose a motion with respect to the Mayor setting up a committee, whereupon Councillor Trites, on a point of order, suggested that this matter would first have to be added to the agenda of this meeting. Deputy Mayor Chase proposed a motion, which was seconded by Councillor Ball, to add to the agenda of this meeting the question of whether a committee to examine the relationship with the Board of Police Commissioners and Common Council should be established. 85-686 COMMON COUNCIL FEBRUARY 5, 1996 The Mayor made the observation that eight affirmative votes of Council would be required to add the above matter to the agenda. Councillor Trites expressed opposition to the proposed motion in that not only would it mean that Council would be getting involved in re-writing the Police and Municipalities Acts but also that Council is awaiting a report from the City Manager which is expected to address many of the concerns expressed by the Deputy Mayor. Councillor Vincent advised his concern about the process in that, if Council has difficulty understanding the Commission's role or if there are associated problems, Council has the opportunity and option to meet with the Commission. Councillor Gould, in advising that he would not support the motion, suggested that the Deputy Mayor should prepare a report to Council outlining his concerns and why he feels Council should be moving in the direction proposed. The proposed motion was withdrawn with the consent of the mover and seconder. (Councillor Arthurs re-entered the meeting during the above discussion.) (Councillor Fitzpatrick withdrew from the meeting.) (Councillor Arthurs withdrew from the meeting as she was not present for the January 29 public hearing for the proposed Zoning By-Law text amendment with regard to an "RM-IF" zone, and the proposed Zoning By-law amendment to re-zone 170 Manners Sutton Road. Deputy Mayor Chase withdrew from the meeting as he was not present for the January 29 public hearing for the proposed Zoning By-Law text amendment with regard to an "RM-IF" zone.) 1 O. Zoning By-Law Text Amendment To Add New Zone "RM-IF" On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-Law Number C.P. 100-393 A Law To Amend The Zoning By-Law Of The City Of Saint John", 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, be read a third time and enacted and the Corporate Common Seal be affixed thereto. (Councillor Fitzpatrick re-entered the meeting.) The by-law entitled, "By-Law Number C.P. 100-393 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Deputy Mayor Chase re-entered the meeting.) 11. Zoning By-Law Amendment To Re-Zone 170 Manners Sutton Road On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "By- Law Number C.P. 100-394 A 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, be read a third time and enacted and the Corporate Common Seal be affixed thereto: 85-687 COMMON COUNCIL FEBRUARY 5, 1996 AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to the following conditions:- (a) the transportation of fill material during the construction of the proposed private street and the filling of land on proposed Lots 1,2,3 and 15 be limited to the hours of 8:00 a.m. to 6:00 p.m. Mondays to Saturdays and prohibited on Sundays, and Saturdays when the spring weight restrictions come into effect; (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. The by-law entitled, "By-Law Number C.P. 100-394 A By-Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Arthurs re-entered the meeting.) 13. Planning Advisory Committee Subdivision 170 Manners Sutton Road On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council:- (1) assent to the following:- (a) one or more subdivision plans, in one or more phases, for the proposed subdivision at 170 Manners Sutton Road; (b) any required municipal services and public utility easements; (c) the proposed street extension of Manners Sutton Road of approximately 120 metres (394 feet) as illustrated on the submitted photo-reduced plan, on the condition that the right-of-way is amended to accommodate a turnaround facility subject to the approval of the Chief City Engineer; (d) the proposed future street dedication of approximately 60 metres (197 feet) as illustrated on the submitted photo-reduced subdivision plan; and (e) the proposed land for public purposes dedication of approximately 5000 square metres (53,821 square feet) as shown on the submitted photo-reduced subdivision plan, which consists of 1700 square metres (18,297 square feet) for the required dedication and 3300 square metres (35,524 square feet) as a future land for public purposes credit; (2) authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer; and (3) authorize cost sharing for the necessary sewage lift station and for any extension of municipal sewer and water facilities outside the limits of the proposed subdivision. Question being taken, the motion was carried. 14. Environment Committee DOQ "Stoop And Scoop" By-Law Consideration was given to a letter from the Environment Committee advising that, with regard to its previous requests for Council to proceed with the introduction of a regulation governing the fouling of property by dogs (i.e. a Stoop and Scoop By-Law), the Committee's opinion and desire has not changed on this issue; and submitting a copy of a By-Law recently enacted by the Town of Oromocto which, in the Committee's belief, illustrates that the original impediment raised by the City Solicitor in 1984, which was to the effect that there was no authority for a municipality of the Province of New Brunswick to regulate this matter, is no longer valid, as supported by the information contained in the Municipalities Act which the Committee forwarded to Mr. Bill Edwards consisting of two "Stoop and Scoop" By-Laws now in place in other municipal jurisdictions (Fredericton and Oromocto) and the relevant section of the Municipalities Act (Chapter M-22, Animals in Municipalities 1994, c.80, s.1. parts 96(1)- 96(5)); and recommending that Common Council so amend the Dog By-Law to provide a regulation governing the fouling of property by dogs. 85-688 COMMON COUNCIL FEBRUARY 5, 1996 On motion of Councillor Arthurs Seconded by Deputy Mayor Chase RESOLVED that the letter from the Environment Committee regarding a Dog "Stoop and Scoop" By-Law -- be referred to the City Manager for review. Question being taken, the motion was carried. 15. M.P. Elsie Wayne Landfill & MaxRF On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Elsie E. Wayne, M.P. for Saint John, expressing concern about the engagement by the Fundy Region Solid Waste Commission of IPS for the landfill and MaxRF project without going to public tender; noting the allocation of Infrastructure money from her Federal riding; and asking to be kept informed regarding this matter -- be received and filed, and staff be asked to respond to Mrs. Wayne's request for a written update on how the Infrastructure grants are progressing and advise her that Council supports her view that the matter of tendering should be undertaken with regard to a landfill site, and also that a copy of her letter be forwarded to the Fundy Region Solid Waste Commission. Question being taken, the motion was carried. 16. Roy K. Whelan And Mel Marshall Zoning By-Law Text Amendment Amusement Place 319-321 City Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Roy K. Whelan and Mel Marshall for a Zoning By-Law text amendment with regard to 319-321 City Road 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 11, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 17. T. S. Simms - Moorings Of MillidQeville Subdivision On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from 1. S. Simms expressing support for the proposed Moorings of Millidgeville Subdivision -- be received and filed. Question being taken, the motion was carried. 18. Laura Manor - Sandra Lendorf Section 39 Amendment 86 MecklenburQ Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Laura Manor and Sandra Lendorf for a Section 39 amendment to the conditions of re-zoning 85-689 COMMON COUNCIL FEBRUARY 5, 1996 of 86 Mecklenburg 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. Adjournment On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk