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1996-04-01_Minutes 85-771 COMMON COUNCIL APRIL 1, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of April, 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. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; P. Woods, Deputy Commissioner of Finance; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; J. Baird, Manager, Community Planning; G. Yeomans, Manager, Accounting Services; B. Belyea, Budget Officer; G. Tait, Fire Chief; 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 Lloyd Lake, a retired Anglican Minister, 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 March 25, 1996, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary noted the visit to the City of Saint John on this date of John Francis (Lofty) MacMillan, a former member of Common Council, with regard to his book, "The Boy From Port Hood"; and commented on the undertaking by the City's Tourism and Communications Department of the Friends and Relatives Program. The Mayor noted Council's Strategic Planning Session scheduled for 4:00 p.m. on April 2 at UNBSJ (copies of the notice in this regard having been forwarded to Council members as an information item). 4. TIRU - Proposal For Fundy ReQion Solid Waste Commission Consideration was given to a letter to Mayor McAlary from TIRU regarding the August 1995 response of the Westmorland-Albert Solid Waste Corporation (WASWC) to a request for proposal from the Fundy Region to process and dispose of the municipal solid waste of the Region; and asking for an opportunity to make a presentation to Council on its proposal to process and dispose of the municipal solid waste to provide a first-hand view of the possible solution offered by WASWC / TIRU. Mayor McAlary, Chairman of the Fundy Region Solid Waste Commission, advised that TIRU also sent a letter to the Commission and that she would strongly recommend that Council hear from TIRU at an open session so that Council would have first-hand information on what TIRU's option would be if it were to come to the Fundy Region. 85-772 COMMON COUNCIL APRIL 1, 1996 On motion of Deputy Mayor Chase Seconded by Councillor Fitzpatrick RESOLVED that TIRU be invited to address Council in open session on its proposal to process and dispose of municipal solid waste, and also that Haldor (1972) Ltd. / MOl Management Inc. be invited to address Council in open session as requested on February 19, 1996. Councillor Trites noted the February 19 request to address Council in the above regard by Haldor (1972) Ltd. / MOl Waste Management Inc. on the basis that, if Council were to hear from one company, it also should hear from the other, and that such presentations could provide Council with dollar amounts with respect to tipping fees and transporting waste to another site, and the mover and seconder of the motion agreed to change the motion accordingly. Councillor Vincent suggested that, prior to hearing from companies with respect to solid waste management, Council should make a policy decision and set guidelines on how it plans to proceed. Mayor McAlary made the observation that the Provincial Government has given the mandate to the Fundy Region Solid Waste Commission of finding a solution to the solid waste problem in the Region, and it is not Council's jurisdiction to do so, and also that, other than the Crane Mountain site on which property options have not been obtained and which would require Council's enactment of by-laws, the only other two options available to the Commission would be Westmorland-Albert and Charlotte County. Councillor Knibb advised his opposition to hearing presentations until the Commission dissolves or something else happens, as well as to giving the public the perception that Council has given up on a landfill in the Region and intends to transport waste material out of the Region to another landfill site. Question being taken, the motion was carried with Councillors Knibb and Vincent voting "nay". 5. Tender For Motorized Equipment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender for motorized equipment, as described in the submitted report from the City Manager, be awarded to the lowest acceptable tenderer in ease case, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 5A. Tender For PrintinQ On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Trans-Continental Printing Ltd., in the amount of $545.23/m (plus taxes) for 60m units, and $401.85/m (plus taxes) for 10m additional units, be accepted for the printing of the City of Saint John Visitor Guides. Question being taken, the motion was carried. 6. Municipal Plan Amendment & Re-ZoninQ 251 Sydney Street Consideration was given to a report from the City Manager advising that, further to the 1988 Municipal Plan amendment and re-zoning of properties at 40 Broad Street to "1-1" Light Industrial classification to construct an industrial building, the owner has now purchased additional properties and submitted an application to amend the Municipal Plan and re-zone three parcels of land at 40 Broad Street, identified on the submitted plan as NBGIC Numbers 307, 331 and 55036248, and, if re-zoning of these parcels of land is approved by Council, nearly all of this whole block of land bound by Charlotte Street East, Broad Street South, Sydney Street West and Broadview Avenue 85-773 COMMON COUNCIL APRIL 1, 1996 North will be placed in a Light Industrial zone, with the only remaining parcel of land contained in this block that would not be located in an industrial zone being the property identified as NBGIC Number 299 at 251 Sydney Street, which is owned by S.MT Eastern Limited, a company owned by J. D. Irving Ltd.; and, as the owner of this property has been contacted by staff to see if it wishes to have this property re-zoned and the response was positive, submitting a recommendation to amend the Municipal Plan and re-zone the subject property. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council authorize the inclusion of a parcel of land identified as NBGIC Number 299 at 251 Sydney Street with a Municipal Plan amendment and re- zoning application, which has recently been received by the City, for property at 40 Broad Street (NBGIC Numbers 307, 331 and 55036248). Question being taken, the motion was carried. 7.76 Prince William Street - Fire Escape OverhanQinQ Church Street Read a report from the City Manager advising that the owner of the building at 76 Prince William Street, having been ordered by the Fire Marshal to correct an inadequacy of fire exits or vacate all floors above street level, has designed a satisfactory exit that would overhang Church Street, for which Common Council's consent is requested; commenting on the difficulty for the owner to resolve this problem; and submitting a recommendation to approve the application which is consistent with City efforts to encourage and enhance the use of upper floor space in Uptown commercial buildings. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Council authorize an agreement between the City and the owner of 76 Prince William Street that will permit the construction of a landing and counter-weighted stair overhanging Church Street, such agreement to require the submission of plans satisfactory to the Building Inspector and the Chief City Engineer describing the location, construction details and height of the landing and stair, and to be acceptable to the City Solicitor as to legality and form. Question being taken, the motion was carried. 8. Tourist Information Centre - Market Square Consideration was given to a report from the City Manager regarding the establishment of a tourist information centre at Market Square; submitting the criteria used and applied in all cases over the past decade in which new tourist information centres have been established; and submitting a recommendation which, if adopted, would permit the relocation of the downtown Tourist Information Centre from the short- term location in the Little Red Schoolhouse to a more suitable year-round facility in Market Square. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council accept the terms and conditions of leasing space in Market Square for a Tourist Information Centre as outlined in the submitted Schedules "A" and "B", subject to approval by the City Solicitor as to legality and form, and that the Mayor and Common Clerk be authorized to execute any necessary document(s). Question being taken, the motion was carried. 85-774 COMMON COUNCIL APRIL 1, 1996 9. Section 39 Conditions To Re-Zoning Of 172-174 Wentworth Street On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the report from the City Manager referring to the proposed re-zoning of 172-174 Wentworth Street, third reading of which is on the agenda of this meeting for consideration under item 13; advising that, while the Planning Advisory Committee had recommended denial of the application, staff supported the proposed re-zoning provided a Section 39 condition was imposed that would limit it to its present use in conjunction with the adjoining group care facility; and recommending that the re-zoning be subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following condition: the property shall only be used as amenity space and off-street parking for the adjoining group care facility at 86 Mecklenburg Street -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. It was suggested that, as representatives of Coopers & Lybrand were present at the meeting, Council should consider item 20 at this time. 20(a) Finance Committee - 1995 Financial Statements (b) General Fund (c) Water & Sewerage Utility (d) SinkinQ. Reserve And Trust Funds Consideration was given to a letter from Councillor Stephen Fitzpatrick, Chairman of the Finance Committee, submitting the 1995 Financial Statements of The City of Saint John General Fund, Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds, as prepared by Coopers & Lybrand, as well the City Manager's report on the Operating Highlights as prepared by the Finance Department; and proposing that the audited Financial Statements be adopted and filed. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the 1995 Financial Statements of The City of Saint John General Fund, the Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds, be adopted and filed. Messrs. Hugh Tidby and Peter Wilshaw of Coopers & Lybrand were present at the meeting, and Mr. Tidby noted the Auditors' Reports on the General Fund, the Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds; and Mr. Wilson reviewed the Operating Highlights of both the General Fund and the Water and Sewerage Utility, noting the operating surplus of $428,581 in the General Fund, and the operating surplus of $17,940 in the Water and Sewerage Utility. Question being taken, the motion was carried. 10. Municipal Plan Amendment & Re-ZoninQ 430 Prince Street Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the advertising and public presentation regarding the submitted application of Richard & Co. Architecture Inc., regarding property at 430 Prince Street, have been completed, and the required waiting period for objections expired on March 27, 1996, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the application of Richard & Co. Architecture Inc. for a Municipal Plan amendment and re-zoning of 430 85-775 COMMON COUNCIL APRIL 1, 1996 Prince 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, May 6, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting.) 11 (a) Municipal Plan Amendment (b) Re-ZoninQ 20 O'Brien Street ~ On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a property located at 20 O'Brien Street (NBGIC Number 32979), from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 1.1.(Q} On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-398 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a property at 20 O'Brien Street (NBGIC Number 32979), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-398 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. 12. Zoning By-Law Amendment To Re-Zone 742 Bav Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-399 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the property located at 742 Bay Street (NBGIC Number 408807), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions:- (1) the site is to be developed in accordance with a site plan approved by the Development Officer which will illustrate landscaped areas and defined driveways; and (b) the site improvements illustrated on the plan approved in (a) shall be completed no later than September 1, 1996. The by-law entitled, "By-Law Number C.P. 100-399 A Law To Amend 85-776 COMMON COUNCIL APRIL 1, 1996 The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 13. Zoning By-Law Amendment To Re-Zone 172-174 Wentworth Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-400 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the property situated at 172-174 Wentworth Street (NBGIC Number 6510), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition limiting the use of the property as amenity space and off-street parking for the adjoining group care facility at 86 Mecklenburg Street. The by-law entitled, "By-Law Number C.P. 100-400 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillor Brown voting "nay". (Deputy Mayor Chase re-entered the meeting.) 14. Zoning By-Law Text Amendment 3701 Westfield Road - Sobey's Grand Bav ShoppinQ Centre On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-401 A Law To Amend The Zoning By-Law Of The City Of Saint John", by adding a new Section 520(2)(a)(v) to read as follows:- "(v) notwithstanding (i) or (ii) above, a beverage room, club or lounge may be located in the Sobey's Grand Bay Shopping Centre at 3701 Westfield Road (NBGIC #55024228).", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-401 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. 15. Zoning By-Law Amendment To Re-Zone 40 Pokiok Road On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-Law Number C.P. 100-402 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 40 Pokiok Road (NBGIC Number 40311), located on the south side of Pokiok Road and extending to the shore of the St. John River, from "1-1" Light Industrial to "P" Park classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-402 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 85-777 COMMON COUNCIL APRIL 1, 1996 16. RepealinQ Of Indiantown Harbour Bv-Law On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Repeal A Law Relating To The Indiantown Harbour In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Repeal A Law Relating To The Indiantown Harbour In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 17. 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 March 25, 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 as recommended by the Nominating Committee, Councillors Brown and Fitzpatrick be appointed to the Board of Directors of Saint John Industrial Parks Ltd. 2. That Deputy Mayor Chase and Councillor Arthurs be appointed to the Local 771 Labour Management Committee. 3. That as recommended by the Nominating Committee, Colleen Carson be appointed to the Board of Directors of Hospice of Saint John Inc. for a term of three years. April 1, 1996, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 17.1. Saint John Industrial Parks Ltd. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 17.2. Local 771 Labour ManaQement Committee On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 85-778 COMMON COUNCIL APRIL 1, 1996 17.3. Hospice Of Saint John Inc. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 18. Board of Police Commissioners Re HearinQ Of Taxi Appeals On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from the Saint John Board of Police Commissioners asking, further to Common Council resolution of February 5, 1996 and the City Solicitor's report regarding the Board's proposal to amend the Taxi By-Law to permit the hearing of taxi appeals by the Board, that the necessary avenues be pursued by appropriate civic staff to have the Municipalities Act amended to permit Council to delegate its legislative and quasi- judicial role in respect to taxi appeal hearings to the Saint John Board of Police Commissioners, should Council be desirous of removing itself from the role of hearing taxi appeals under the Taxi By-Law -- be received and Council support the request of the Police Commission to hear taxi appeals and request staff to pursue the necessary changes in the Municipalities Act as soon as possible. The motion initially proposed, and subsequently withdrawn, was to refer the above matter to City staff, particularly the City Solicitor, to see if it were possible to amend the Municipalities Act to allow taxi appeals to go to the Commission and not Council, whereupon Mr. Rodgers made the observation that referral to the City Solicitor would be a waste of time because, as he previously advised Council, there is no authority to delegate the hearing of taxi appeals to the Board, although Council can, if it wishes, ask appropriate Provincial officials to give Council the authority in the Municipalities Act, which would be a policy decision of Council. Councillor Trites suggested that, in view of the pending review of the Saint John Police Force, any action on this matter should be delayed until the review process is finished, and also that he would not be prepared to send this matter to the Province until Council has had a full discussion on whether or not it wants to go in the direction proposed. On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried. 19. Board of Police Commissioners Re RCMP Gazette Article On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Board of Police Commissioners submitting a copy of an article recently published in the RCMP Gazette concerning civilian governance and the office of the chief of police on the basis that the Board found the article most interesting noting, in fact, that several issues contained therein had been the subject of discussion during development of the terms of reference of "A Review to Guide the Saint John Police Force" -- be received and filed. 85-779 COMMON COUNCIL APRIL 1, 1996 Question being taken, the motion was carried. 21. Helena Harvey - Council Representation On Board Of Uptown Saint John Inc. Mayor McAlary made the observation that, with regard to Council representation on the Board of Uptown Saint John, Council last year responded to Uptown Saint John Inc.'s request by appointing Mr. Jim Baird, and advised that she was informed earlier this date by Uptown Saint John Inc. that there was an oversight in this regard and a letter would be forthcoming to Council for an appointment to the Board. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Helena Harvey referring to article 3:31 of the Business Improvement Areas Act which indicates that Council may appoint a member of Council to serve on the board of directors of the Corporation; and asking if Council's failure to do so is due to an oversight or by a determination that Council will not exercise its right to make such appointment -- be received and filed. Question being taken, the motion was carried. 22. Keith J. Rowe - Heritage DesiQnation For 66 Bryden Street On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Keith J. Rowe asking that a historical building in the North End of the City at 66 Bryden Street be addressed in the future as a heritage building -- be referred to the City Manager. Question being taken, the motion was carried. 23. One Voice For All Contribution For Conference On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from One Voice For All, a self-help group which supports and encourages persons on low income, asking for a contribution towards the cost of a welcoming social and registration at the Atlantic Canada Poor Peoples' Conference to be held in Saint John May 16-18 -- be referred to the City Manager. Question being taken, the motion was carried. 24. Total Golf Management Inc. Rockwood Park Golf Course And Aquatic DrivinQ RanQe On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from Total Golf Management Inc. asking for acceptance of the submitted Annex 1 and Annex 2, prepared in response to paragraphs 111.(12), 111.(14) and 111.(16) of its contract with the City of Saint John with regard to the Rockwood Park Golf Course and Aquatic Driving Range, Annex 1 providing a summary of enhancements and accomplishments during the 1995 golf season, and Annex 2 including a list of Total Golf Management Inc.'s proposed fee structure and identifying its proposed plans/enhancements to golf 85-780 COMMON COUNCIL APRIL 1, 1996 facilities and services in 1996 -- be received and filed and Council approve the 1996 fee structure as indicated in Annex 2. Question being taken, the motion was carried. 25. Handworks Gallery - Types Of Businesses And Activities On Prince William Street On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Handworks Gallery at 116 Prince William Street advising of concerns about recent developments in the area which have called to question the mutually-beneficial trust which has been created and maintained through the efforts of the merchants of Trinity Royal and the City of Saint John, as well as about the nature of certain business establishments and their effect on the appearance and atmosphere in the area; and asking Council to reject outright the recent request by Mr. Armstrong for street closures, and also that the existence of establishments like Gargoyles and Pillars in this location be re-examined in light of a clear and positive plan for the course of direction which Trinity Royal should take -- be referred to the City Manager and the Saint John Board of Police Commissioners. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Councillor Gould, on a point of order, suggested that, as Council did not finalize the matter discussed in Legal Session earlier this date, Council should reconvene in Legal Session to deal with the matter. The Mayor ruled on the point of order to the effect that the Legal Session in question concluded prior to this meeting of Council and that was the end of the discussion. Question being taken, the motion was carried. Common Clerk