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1997-05-26_Minutes 86-416 COMMON COUNCIL MAY 26,1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-sixth day of May, A.D. 1997, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Brown, Chase, Fitzpatrick, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; G. Yeomans, Manager of Accounting Services; W. Todd, Manager of Public Safety Communications Centre; W. Edwards, Building Inspector; D. Logan, Purchasing Agent; G. Tait, Fire Chief; D. Sherwood, Chief of Police; A. Martin, Assistant Deputy chief of Police; D. Oram, Police Constable; J. Wilcox, Police Constable; 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 Walter Perry, Senior Pastor of the First Wesleyan Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on Tuesday, May 20, 1997, be approved. Question being taken, the motion was carried. 3(a) Saint John East Development Scheme Amendment Re Property 31-55 and 267-273 Boyaner Crescent The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Saint John East Development Scheme, Phase 1, Stage 1, with respect to the properties located at 31 to 55 Boyaner Crescent (Lots 22-29) (NBGIC Numbers 455865,455873,455881,455899,455907, 455915,455923 and 455931),and with respect to the properties located at 267 to 273 Boyaner Crescent (Lots 60-62)(NBGIC Numbers 456244,456251 and 456269), as follows: (1) amending Section 3.3.3.4.3 by deleting the minimum side yard of 6 feet for a one and one-half or two storey semi-detached dwelling, and replacing it with a minimum side yard of 5 feet; (2) amending Section 3.3.5.2.1 by deleting the words "for PD districts"; (3) amending Schedule A (Land Use Table) for Lots 22-29 by: (a) deleting the minimum lot frontage of 25 feet and replacing it with a minimum lot frontage of 50 feet; and (b) deleting the words "Single Family Zero Lot Line" and inserting "Semi- Detached" under the land use classification; (4) amending Schedule A (Land Use Table) for Lots 60-66 by deleting the present wording and replacing it with the following: " Minimum Lot Dwelling Land Use Parcel FrontaQe Units Classification 60-62 75' 3 Town Housing 63-66 25' 4 Single Family Zero Lot Line"; (5) amending Schedule B (Site Control Data) by deleting all references to Lots 22-29 and 60-62; and (6) amending Figure 1 (Site Plan Boyaner Crescent & Walk-Up Apartments) by deleting the illustrated proposed development on Lots 22-29 and Lots 60-62, and replacing it with a new proposed development; to permit the development of 86-417 COMMON COUNCIL MAY 26,1997 eight semi-detached dwelling units at 31-55 Boyaner Crescent and three townhouse units at 267-273 Boyaner Crescent, on lots that were previously approved for the construction of single-family zero-lot-line housing, as requested by Kierstead Quigley and Roberts Ltd. on behalf of Bonney Construction Ltd., and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's May 6 meeting at which the developer was in attendance but did not appear before the Committee and no presentations were made by or letters received from area residents; and recommending that Common Council amend the Saint John East Development Scheme, Phase 1, Stage 1, as indicated above in (1) to (5) inclusive. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law to amend the Saint John East Development Scheme By-Law, Phase 1, Stage 1, with respect to the properties located at 31 to 55 Boyaner Crescent (Lots 22-29) (NBGIC Numbers 455865,455873,455881,455899,455907,455915,455923 and 455931),and with respect to the properties located at 267 to 273 Boyaner Crescent (Lots 60-62)(NBGIC Numbers 456244, 456251 and 456269), be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Saint John East Development Scheme By-Law. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Saint John East Development Scheme By-Law, Phase 1, Stage 1, with respect to the properties located at 31 to 55 Boyaner Crescent (Lots 22-29) (NBGIC Numbers 455865,455873,455881,455899,455907,455915,455923 and 455931),and with respect to the properties located at 267 to 273 Boyaner Crescent (Lots 60-62)(NBGIC Numbers 456244, 456251 and 456269), be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Saint John East Development Scheme By-Law. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 4(a) Amendment To Section 39 Conditions Re-ZoninQ Of 567 MillidQe Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to the conditions attached to the March 6, 1995 re-zoning of 567 Millidge Avenue (NBGIC Number 41574), in order to consider a revised proposal to permit the establishment of a day-care centre for approximately 55 children at the property formerly known as the Jack and Jill Wee College, as requested by Jennifer Weddell and Tina Keirstead, and 4{c) a petition was received in opposition to the proposed amendment on the basis of increased traffic, noise and building condition and maintenance. 86-418 COMMON COUNCIL MAY 26,1997 4{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's reports and seven letters considered at the Committee's May 6 and May 21 meetings at which the applicant expressed support for the staff recommendation including the revised recommendation of the May 16 report and presentations were made at both meetings by area residents; advising that, while the Committee could support the application, members still believed that a barrier (fence) was necessary in the rear yard, in addition to completing the fencing along the common property boundary in order to ensure that children would not play near the adjacent residential properties along Troop Street; therefore, the Committee has recommended an additional condition that would require the construction of a 2-metre (6.6-foot) high board-on-board fence from the building to the rear property boundary near the centre of the rear yard which would contain a gate to allow vehicular circulation around the building and must be closed whenever children are outside in the play area; and recommending that Common Council amend the Section 39 conditions attached to the March 6, 1995 re-zoning of 567 Millidge Avenue (NBGIC Numbers 41574 and 55113682), formerly known as the Jack and Jill Wee College property, by replacing sections (a), (b) and (c) with the following: (a) the use of the property be limited to a day-care centre for a maximum of 55 children; (b) the property be developed in accordance with a detailed site plan illustrating, complete board-on-board fencing along the northern property boundary in behind of the building, the outdoor play area situated in the southwestern corner of the property, staff parking along the northern property boundary between the play area and the adjacent properties on Troop Street, subject to the approval of the Development Officer prior to the issuance of a building permit; (c) the outside play area be limited to a maximum of 25 children at any time; and (d) a 2-metre (6.6-foot) high board-on-board fence be constructed prior to establishment of the day-care centre from the building to the rear property boundary near the centre of the rear yard, and this fence shall contain a gate to allow vehicular circulation around the building but it must remain closed whenever children are outside in the play area. Mr. Shane Dugas, solicitor for the applicants and on behalf of the owner of the property - Household Finance Corporation, appeared in support of the above application and, with respect to the issue of a second fence as indicated in (d) above, advised that the owner is not interested in having an extra fence on the back of the property which is being leased, not purchased, by the applicants. Mr. Dugas noted that, for approximately 14 years, the subject property was zoned for 75 children for use as a day-care centre, with no apparent problems with that usage and no complaints to his knowledge; also advised that, around 1995, Household Finance took over the property from the former owner by virtue of a mortgage sale at which time the property became vacant; and expressed the view that there have been no acceptable applications for use of the subject property until the present application and, as it involves the same use as the previous one, it is seen as a benefit to have individuals in the property who would reclaim this business property, which needs substantial renovations to bring it up to the level required by Health and Community Services. Mr. Dugas further advised that, while the Section 39 conditions recommended by staff all seem to be acceptable, the Planning Advisory Committee's recommendation is not seen as useful in any respect other than to put an onerous burden on the applicants who are doing this all on their own, with no assistance from Household Finance; and further advised that it is their position that the Committee's recommendation related to the second fence is not necessary and it should be dropped. In response to Councillor Arthurs' concern about the indication in the above application that the property would remain as is with the exception of additional outdoor play equipment in view of the current condition of the property, Mr. Dugas, in acknowledging that the property is a little dilapidated at this point, advised that Kids First Child Care would be putting money into the property and, in order to get a license from Health and Community Services, it must bring the property up to whatever the Department requires. Councillor Arthurs also expressed concern, in view of an existing active nursery or day-care centre in the area, about the proximity of the proposed day- care to residences on Troop Street in view of noise and traffic concerns. Councillor Vincent concurred with Councillor Arthurs' concerns, particularly with respect to the total number of children in the two facilities and the amount of traffic that would be generated in dropping them off and picking them up; and Jennifer Weddell, one of the 86-419 COMMON COUNCIL MAY 26,1997 applicants, responded to his questions about the staff-to-child ratio, as set by the Department of Health and Community Services depending on the ages of the children, the number of children and the hours they would be in the outside play area, and the estimated number of additional cars daily to the area to drop off and pick up children at the proposed centre; and clarified that it was not the intent to add children to the area, but rather to move 20 of the children from the nearby facility, leaving 34 in the latter and, although it would be possible to have 55 in the proposed facility and keep 54 in the nearby facility, they are not interested in doing so because they feel that is too many children in the facility and additional space for the children they have is their priority. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions attached to the March 6, 1995 re-zoning of 567 Millidge Avenue (NBGIC Numbers 41574 and 55113682), formerly known as the Jack and Jill Wee College property, by replacing sections (a), (b) and (c) with the following: (a) the use of the property be limited to a day-care centre for a maximum of 55 children; (b) the property be developed in accordance with a detailed site plan illustrating, complete board-on-board fencing along the northern property boundary in behind of the building, the outdoor play area situated in the southwestern corner of the property, staff parking along the northern property boundary between the play area and the adjacent properties on Troop Street, subject to the approval of the Development Officer prior to the issuance of a building permit; (c) the outside play area be limited to a maximum of 25 children at any time; and (d) a 2-metre (6.6-foot) high board-on-board fence be constructed prior to establishment of the day-care centre from the building to the rear property boundary near the centre of the rear yard, and this fence shall contain a gate to allow vehicular circulation around the building but it must remain closed whenever children are outside in the play area. Mr. Baird clarified that, while condition (b) would ensure the completion of the fence to provide a sense of privacy to the residential properties adjacent to the outdoor area where the children would be playing, condition (d) would provide for an additional fence which would, in essence, keep the children on the far side of the property away from the residences on Troop Street, rather than provide privacy. Deputy Mayor Chase expressed concern about the state of play of the building, having been approved at one time for use as a day-care centre and subsequently for medical offices, and now being considered for a reversion of the use to a day-care facility. Councillor Vincent advised of his concern about the possibility of 60 cars a day going to a given area in view of disruption to the area. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Arthurs and Vincent voting "nay". On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that the correspondence regarding the above amendment be received and filed. Question being taken, the motion was carried. 5(a) Zoning By-Law Amendment To Re-Zone 1155 Sand Cove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 4560 square metres (49,085 square feet) of land situated at 1155 Sand Cove Road (NBGIC Number 55053284), from "RF" Rural to "R-1A" One-Family Residential classification, to create three serviced residential lots for the construction of one-family dwellings, as requested by Raymond and Irene Guerette, and no written objections were received in this regard. 5{b) 86-420 COMMON COUNCIL MAY 26,1997 Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's May 21 meeting at which the applicant expressed support for the staff recommendation and no other presentations were made and no letters were received; and recommending that Common Council re-zone approximately 4560 square metres (49,085 square feet) of land situated at 1155 Sand Cove Road (NBGIC Number 55053284), from "RF" Rural to "R-1A" One-Family Residential classification. Mr. Mark Giberson, solicitor for Raymond and Irene Guerette, was present in support of the proposed re-zoning and offered to respond to questions in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns approximately 4560 square metres (49,085 square feet) of land situated at 1155 Sand Cove Road (NBGIC Number 55053284), from "RF" Rural to "R-1A" One-Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns approximately 4560 square metres (49,085 square feet) of land situated at 1155 Sand Cove Road (NBGIC Number 55053284), from "RF" Rural to "R-1A" One-Family Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. 6. Street Closing By-Law Amendment Untravelled Portions HiQhways #820 & #111 The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-Law amendment to stop up and close a portion of the untravelled portions of Highways #820 and #111, and no written objections were received in this regard. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to portions of Highways #820 and #111, be read a first time. 86-421 COMMON COUNCIL MAY 26,1997 Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to portions of Highways #820 and #111, 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 The Stopping Up And Closing Of Highways In The City Of Saint John". 9. Saint John Police Force Implementation Team Update Chief Sherwood and Cst. Oram were present with regard to the Saint John Police Force Implementation Team's update of activities during the past week. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the Saint John Police Force Implementation Team updating Council on its activities during the past week -- be received and filed. Question being taken, the motion was carried. 8. Mayor's Remarks * Added Items Councillor Knibb asked to add to the agenda of this meeting a copy of the letter to Mayor McAlary from the Minister of Municipalities, Culture and Housing regarding an Environmental Trust Fund application, and item 35 on the Committee of the Whole agenda of this date concerning the Crane Mountain landfill leachate treatment. The Mayor asked that this be the subject of two separate resolutions. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the copy of the letter to Mayor McAlary from the Minister of Municipalities, Culture and Housing (copies of which were forwarded to Council members as an information item), be added to the agenda of this meeting for consideration as item 8A. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that item 35, which was considered in Committee of the Whole earlier this date, be added to the agenda of this meeting. Mayor McAlary advised that she would not support bringing the above item to open session of Council because staff was not quite prepared to do so and Council has not got all the answers it wants, and also delaying it should not hold up the Fundy Region Solid Waste Commission's process. Councillor Trites asked if delaying 86-422 COMMON COUNCIL MAY 26,1997 the above item until the next Council meeting in two weeks would have a negative impact on the construction schedule, to which Mr. Robichaud expressed the understanding that the Commission may be proceeding with some tender calls in the very near future and this would assist in dealing with some fears some people have relative to these tender calls, although he would expect that, as far as awarding the contract was concerned, the Commission would have two or three weeks prior to the award and this is where he would expect the item in question would have the greatest impact and that, with regard to the need for Council's prior ratification of the recommendation in the above report prior to the awarding of the tender as opposed to prior to the calling of the tender, advised that, while he was not sure what the Minister was requiring of the Commission, the Commission may be prepared to go ahead with a tender call hoping that this would show up in the very near future. Councillor Fitzpatrick spoke against the above motion in view of staff's indication in Committee of the Whole that it would like a couple of weeks to get answers to the questions. Deputy Mayor Chase asked Councillor Brown, the City's representative on the Commission, to speak to this matter, and Councillor Brown spoke in favour of considering this item at this meeting because there could be other questions which would require time to answer. The Mayor noted the need for eight affirmative votes for the above motion to pass. Question being taken, the motion was lost with the Mayor and Councillors Arthurs, Fitzpatrick, Trites and Vincent voting "nay". Mayor McAlary noted the May 31 ACAP - Saint John paint swap, and the Communities in Bloom contest; proclaimed May 26 to June 1 to be National Access Awareness Week in the City of Saint John; and advised that, further to the City Manager's report at the last meeting with regard to the Tim Horton/Wendys property at the corner of University and Millidge Avenues, Tim Horton/Wendys will ensure that this area is cleaned up. 7. Saint John Aquatic Centre Commission - 1996 Annual Report Consideration was given to a letter from Mr. Daryl Steeves, General Manager of the Canada Games Aquatic Centre, submitting the 1997 Annual Report of the Saint John Aquatic Centre Commission. Messrs. L. Maloney, Chairman of the Aquatic Commission; and D. Steeves, General Manager of the Aquatic Centre, were present in the above regard, and Mr. Maloney, in highlighting the 1996 Annual Report, noted the special events held at the Centre in 1996, the increased revenue over 1995 of some $63,000, and the steady decrease since 1992 of the revenue assistance required from the City of which, in 1996, the Centre was able to return $10,000 to the City, as well as the increase in expenditures in 1996 over 1995 of about $30,000. Mr. Steeves commented on the benefits of the Aquatic Centre to the City in terms of quality of life; spin-offs to government in the creation of employment, in producing tax revenues and in generating savings in health care; and spin-offs to business from Aquatic Centre events. The Mayor thanked Messrs. Maloney and Steeves for their comments, and during discussion there was a suggestion of possible funding for the Aquatic Centre from the senior levels of government, and the expected impact of the recently- completed renovation at the Aquatic Centre was questioned, as were issues such as price comparison with other facilities, and the efforts between the Aquatic Centre and the YMCA-YWCA on the issue of duplication of services. Mr. Maloney advised his intent to make available at this meeting copies of the Commission's 1996 Financial Statements. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the 1996 Annual Report of the Saint John Aquatic Centre Commission be received and filed with appreciation. Question being taken, the motion was carried. 86-423 COMMON COUNCIL MAY 26,1997 *8A. Minister Of Municipalities, Culture And HousinQ - Re Environmental Trust Fund On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the copy of the letter to Mayor McAlary from the Minister of Municipalities, Culture and Housing responding to the City's application for consideration under the Environmental Trust Fund for replacement/elimination of lead services in the City of Saint John to the effect that she would ask the Environmental Trust Fund Co-Ordinator to keep the application on file for future funding consideration as the deadline for applications was January 31 and officials of the Department of Environment have informed government departments that the level of expenditure for the current recommended projects will fully deplete the Fund for the 1997-98 fiscal year -- be received and filed and staff be instructed to follow up with the Environmental Trust Fund application for the coming year. Question being taken, the motion was carried. 10. Per Diem Rate FCM Attendance Read a letter from Mayor McAlary regarding the necessity, under Council's Salary By-Law, for a motion of Council to authorize payment of the per diem rate to Council members attending the annual conference of the Federation of Canadian Municipalities; and advising that, if any members of Council other than Councillors Fitzpatrick and Trites who have indicated they will be attending, wish to attend, they may do so; however, a resolution would be required at open session. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that authorization be granted for the per diem rate to be paid to Councillors Fitzpatrick and Trites who will be attending the forthcoming annual conference of the Federation of Canadian Municipalities to be held in Ottawa, Ontario, from June 6 to June 9. Question being taken, the motion was carried. 11. Re MillidQeville North HiQh School Consideration was given to a letter from Councillor Arthurs asking that Common Council and the community be updated on the issue of the Millidgeville North High School, since the May 5 presentation to Council in this regard. On motion of Councillor Arthurs Seconded by Deputy Mayor Chase RESOLVED that a letter be forwarded to Cathie Hurley, Chairperson of the Millidgeville North Student Parent Advisory Committee updating her in the above regard. The motion initially proposed was that the Minister of Education provide written confirmation to the Millidgeville North Student Parent Advisory Committee that this is a dead issue. The Mayor noted that, as this matter would fall under the jurisdiction of the Minister of Education and the Provincial Government, Council would not have the final say; expressed the opinion that Enterprise Saint John was just carrying out its mandate in looking for possibilities of creating new business opportunities in the City; and recommended that Council forward a letter to the May 5 presenters explaining this to them because Council could not tell the Province that it could not proceed with what 86-424 COMMON COUNCIL MAY 26,1997 it might want to do in the future in this regard. Councillor Arthurs clarified her intent for the Minister of Education to put in written form what he has already stated in this regard, and to have feedback and update for Council from the Minister within at least two weeks to give the parents and students the peace of mind they were seeking. Councillor Waldschutz advised that he would be more interested in addressing Enterprise Saint John's input in this issue in that, as the Greater Saint John Economic Development Commission is a City Commission, Council, in its responsibility to the citizens, would have a say in this issue to the extent that it could indicate that Millidgeville North School was not to be considered in its seek-and-find efforts. The Mayor, in suggesting that a letter could be forwarded to Enterprise Saint John if that were Council's wish or Council could meet with Enterprise Saint John, advised that she would have difficulty in sending a letter to the Minister because Council did not do so about St. Joseph's or any other school that was closing. During discussion the extent of Council's involvement in this issue was broached in view of Enterprise Saint John's mandate, the Province's jurisdiction over school buildings and the lack of an opportunity at an earlier stage in the process for the Advisory Committee to put its arguments forward, and a suggestion was made that the motion should be withdrawn and Council should meet privately with Enterprise Saint John, and Councillor Arthurs clarified that it was not her intent to bring Enterprise Saint John's action into question but rather to ask Council to have the citizens updated on what has transpired in that the presenters asked to be advised by either Councilor the Minister in this regard, thus a letter of explanation to Cathie Hurley, Chairperson of the Advisory Committee, could be requested. The Mayor suggested that the motion could be for Council to send a letter updating the Committee on what Enterprise Saint John does, how this issue got started and where it is currently, and also that Council meet with Enterprise Saint John in private. Councillor Arthurs expressed the opinion that it would not be necessary to meet with Enterprise Saint John, and advised her intent to change the motion, with which the seconder of the initial motion agreed, to forward a letter to Ms. Hurley updating her in this regard. The initial motion was changed with the consent of the mover and seconder. Question being taken, the motion was carried. 12. City Market By-Law Amendment Re Hours Of Operation On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising of a request from the City Market Tenants to open the City Market on Canada Day, Tuesday, July 1, 1997 and to extend the Market opening hours on Thursday, August 14, 1997 to 9:00 p.m. to accommodate the QEII Cruise Ship visitors; and recommending that Common Council give first and second readings to the submitted amendment to the City Market By-Law -- be received and filed: AND FURTHER that the by-law to amend the City Market By-Law, with regard to a July 1 opening and to extend the opening hours on August 14 be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the City Market By-Law. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the City Market By-Law, with regard to a July 1 opening and to extend the opening hours on August 14 be read a second time. Question being taken, the motion was carried. 86-425 COMMON COUNCIL MAY 26,1997 Read a second time the by-law to amend the City Market By-Law. 13. Zoning By-Law Amendment For Utility & Service Zone Read a report from the City Manager detailing 13 City-owned properties which are intended to be re-zoned to "US" Utility and Service classification so that zoning of them will reflect the present uses and facilitate any future expansions to these developments; and recommending that Council: (1) initiate the process to amend the Zoning By-Law by re-zoning the 13 City properties specified in this report to the "US" Utility and Service zone; and (2) refer the amendments to the Planning Advisory Committee for a recommendation, set a public hearing date of Monday, July 7, 1997 at 7:00 p.m. for consideration of the amendment, and authorize advertising. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the proposed re-zoning of (a) the Lakewood stand pipe property located at the end of Gibson Avenue in the Lakewood Heights Subdivision; (b) the Cottage Hill stand pipe property located off Cottage Road; (c) the Lancaster stand pipe property located on a lot known as 681 Fundy Drive; (d) the Rockwood Park stand pipe property located on a portion of land in Rockwood Park identified as NBGIC Number 52548; (e) the University Avenue stand pipe property located on a portion of land identified as NBGIC Number 55058945; (f) the Monte Cristo Park sewage treatment plant located on a portion of land identified as 60 Dantes Drive; (g) the Millidgeville sewage treatment plant located on a portion of land located at the end of Woodward Avenue adjacent to the St. John River; (h) the Morna Heights sewage treatment plant located at 139 Bay Crescent Drive; (i) the Greenwood Heights sewage treatment plant located at 173 Karen Street; U) the Lancaster wastewater treatment plant located adjacent to the Throughway on a parcel of land identified as NBGIC Number 403733; (k) the Works facility cold mix plant located at 20 Mcintosh Street; (I) the Hazen Creek sewage treatment plant located at 441 Red Head Road; and (m) the Spruce Lake water treatment and Works facility located near the end of Ocean Westway adjacent to the eastern side of Spruce Lake -- 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, July 7, 1997 at 7:00 o'clock p.m. Question being taken, the motion was carried. 14. Certificate Program In Community-Based Development On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the report from the City Manager informing Common Council of an important training initiative being planned for members of City staff and the Saint John Police Force - the Certificate in Community- Based Development, which is a new distance education service provided by the Extension Department of St. Francis Xavier University focusing on enrichment of community life through the nurturing of viable, self-sustaining community organizations and initiatives -- be received and filed and staff be commended for its action in this regard. Question being taken, the motion was carried. 15. Tender For Commercial Boat Consideration was given to a report from the City Manager advising the results of the tender for the supply of a commercial boat to be used by the Saint John Fire Department to supplement water rescue services, further to the previous report from the City Manager to Council at its April 21 meeting concerning this purchase at 86-426 COMMON COUNCIL MAY 26,1997 which time Council's approval was received to call a tender; noting that funding to cover the cost to purchase a new boat would be shared as follows: $38,000 from the Federal JEPP (Joint Emergency Preparedness Program) funding, with the balance to be cost shared between the City and the Saint John Port Corporation on a 50/50 basis; and recommending award of the tender. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of Sealand Marine Inc., in the amount of $98,776.74 plus tax, be accepted for the supply of one only 25-foot Boston Whaler Guardian c/w outboard motors and trailer. During discussion Councillor Brown re-iterated his concern that the City, by supplementing water rescue as indicated in the above report, would be, rather than supplementing, the water rescue; and advised that he would not support buying a service that was already bought and paid for by the Coast Guard and, if the City were to playa role in water rescue, there should have been negotiations with all the agencies involved rather than a recommendation to buy a rescue boat. Question being taken, the motion was carried with Councillor Brown voting "nay". 16. Tender For Leak Detector On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the tender of Heath Consultants Ltd., in the amount of $33,420 plus tax, be accepted for the supply of one new correlating leak detector. Question being taken, the motion was carried. 17. Tender For Sand. Gravel & AQQreQates On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for the establishment of supply agreements for the supply of sand, gravel and aggregate to various City departments, on an as-and-when required basis, be accepted for a period of 1 year from the date of award by Common Council as indicated in the submitted summary of bids. Question being taken, the motion was carried. 18. Tender For Traffic Controllers On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Tacel Ltd., in the amount of $6,170 each, $37,020 in total, plus tax, be accepted for the supply of 6 new electronic traffic controllers. Question being taken, the motion was carried. 19. 1997 Establishment Of Permanent Positions On motion of Councillor Knibb 86-427 COMMON COUNCIL MAY 26,1997 Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the Establishment of permanent positions will be increased from 706 to 711, as of May 27, 1997, as shown in the submitted Establishment of Permanent Positions: AND FURTHER that this total includes: the addition of Operations Manager (classification Management Grade V), Systems Specialist (classification Clerical/Technical Group 9), two Public Safety Communications Operator positions (classification Clerical/Technical Group 4), and Systems Manager (classification Management Grade V). Councillor Brown asked the cost of the five new positions proposed to which Mr. Groody replied that it would be in the order of an annual cost of $175,000 for 1997, taking into account salary and benefits, and four of these new positions would allow the Public Safety Communications Centre to operate in the manner it has to be operated, first in Saint John and with the clients it currently has, and this would meet the current needs as well as those of the immediate future. Councillor Brown expressed concern about increasing staff in the Centre without an overall strategic plan for the City of Saint John which would indicate, from department to department, how many people there may be in excess and where the monies are being spent and about the cross-overs in each department. It was noted that the City Manager replaced the initial report in the above regard with a new report (copies of which were distributed to Council members on this date); and Mr. Groody advised that the initial report dealt with the positions of Manager of Business Processes and Manager of Building Maintenance with which staff was not quite ready to deal. Due to the time, Deputy Mayor Chase rose on a point of order on the basis that there was previous consent to go back to Committee of the Whole to discuss the landfill issue, and the Mayor should rule on when this discussion would take place tomorrow. Question being taken, the motion was carried with Councillor Brown voting "nay". 20. May 20, 1997 Legal Session Resolution - Re Bawn Action Read a letter from the Common Clerk submitting a resolution from the Tuesday, May 20, 1997 Legal Session of Council with regard to the Bawn action against the City. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Council authorize payment of $3,000 to Sherry M. Bawn in full satisfaction of her claim against the City, provided she and her husband execute a release in favour of the City for any claim she and her husband may have arising from or in connection with the purported license for the operation of the canteen at Mispec Park and that a discontinuance of her action be filed with the Court of Queen's Bench of New Brunswick. Question being taken, the motion was carried. 21. 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 Tuesday, May 20, 1997, when 86-428 COMMON COUNCIL MAY 26,1997 there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites and Vincent, and your Committee submits the following recommendation, namely:- 1. That the request of The Saint John Theatre Co. for financial assistance relating to a proposal for the King's Square Cinema building on Charlotte Street be denied. May 26, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 21.1. The Saint John Theatre Co. Request For Financial Assistance On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report be received and filed and the recommendation therein be adopted. Deputy Mayor Chase noted the City's contributions to other groups for events in the City, and the Mayor noted the question of a possible conflict in dates of an event proposed by the Theatre Co. with other summer events in the City and the possibility of the City being asked for future funding by the Theatre Co. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Arthurs and Waldschutz voting "nay". (Councillor Arthurs withdrew from the meeting as she was not present for the May 12, 1997 public hearing of the proposed re-zoning of 361-363 Lancaster Street under item 22, and due to a possible conflict of interest with respect to the item concerning 601 Lorneville Road under item 23 on the agenda of this meeting.) 22. Planning Advisory Committee Zoning By-Law Amendment To Re-Zone 361-363 Lancaster Street Consideration was given to a report from the Planning Advisory Committee regarding the application of D.R. English for the re-zoning of property at 361-363 Lancaster Street on which no decision was made at the May 12 public hearing pending a recommendation from the Committee; submitting a copy of Planning staff's report which was considered at the Committee's May 21 meeting at which Mr. David English, applicant and owner of the subject property, indicated that all but 12 of the original 49 building code violations have been resolved and Mr. Kevin Binns, the potential purchaser of the subject property, indicated that he plans to resolve any remaining building code infractions once he purchases the property; and recommending that Common Council re-zone a parcel of land located at 361-363 Lancaster Street (NBGIC Number 367904), from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, subject to an agreement, pursuant to Section 39 of the Community Planning Act, containing a condition that a letter of credit be posted by the owner of the subject property, in an amount to be determined by the Building Inspector, to ensure that the remaining building code violations are completed to the satisfaction of the Building Inspector. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 361-363 Lancaster Street (NBGIC Number 367904), from "R-2" One- and Two- Family Residential to "RM-1" Three-Storey Multiple Residential classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommenced by the Planning Advisory Committee, be read a first time. Mr. Baird advised that the Section 39 agreement recommended by the 86-429 COMMON COUNCIL MAY 26,1997 Planning Advisory Committee, while a method that would put a greater degree of certainty into the outstanding violations being resolved, causes a number of difficulties with respect to how, in fact, this would be done given that the work to be completed is not on a public street and, in fact, is interior to a building, and the nature of the outstanding building infractions are such that, at this time, staff from its perspective would be comfortable in seeing the final building infractions rectified by the normal building inspection enforcement process. As to Council proceeding with the first and second readings and delaying third reading, Mr. Baird suggested that Council could proceed with third reading at the next meeting and enforcement take place with respect to the few remaining items that needed to be resolved. 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 Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 361-363 Lancaster Street (NBGIC Number 367904), from "R-2" One- and Two- Family Residential to "RM-1" Three-Storey Multiple Residential classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommenced by the Planning Advisory Committee, 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. 28. D.R. English - Re-Zoning Of 361-363 Lancaster Street On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from D.R. English requesting to speak, if necessary, regarding the re-zoning of property at 361- 363 Lancaster Street to answer any questions in this regard -- be received and filed. Question being taken, the motion was carried. 23. Planning Advisory Committee Subdivision 601 Lorneville Road On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plan and any required municipal services and public utility easements with regard to 601 Lorneville Road. Question being taken, the motion was carried. (Councillor Arthurs re-entered the meeting.) 24. Parking Commission - Appointment Of By-Law Enforcement Officer Read a report from the Saint John Parking Commission requesting Council to approve the submitted resolution for the appointment of Neill Terrance Neate as a By-Law Enforcement Officer. 86-430 COMMON COUNCIL MAY 26,1997 On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-law and the provisions of Section 5, Section 7, and Section 8(1) of the Saint John Traffic By-Law, namely: Neill Terrance Neate: AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Councillor Brown asked if the above appointment represented the addition of a new staff member or a replacement, and noted he did not get the answer to this question at the time of the last appointment. Question being taken, the motion was carried with Councillor Brown voting "nay". 25. Saint John Industrial Parks Ltd. Re-Grading Lots 96-4 And 96-5 McAllister Industrial Park Consideration was given to a report from Councillor Trites, President of Saint John Industrial Parks Ltd., advising that, further to Common Council resolution of February 3, 1997 approving an expenditure to undertake the upgrading of Lots 96-4 and 96-5 in McAllister Industrial Park with the original intent to be a winter project for the City's Works Department, the project commenced in February as planned; however, due to frost penetration, excessive snow in March and an early spring clean-up program, little progress has been made towards regarding the subject properties and, due to current commitments, the Works Department cannot specify exactly when its work force can complete the regrading; also advising that, to accommodate the deadline of the buyer of these lots and the City's purchasing policies, twelve local contractors were contacted and invited to bid on the task of completing the regrading project; and recommending that the said Common Council resolution be amended accordingly. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the Board of Saint John Industrial Parks Ltd., Common Council amend its resolution of February 3, 1997 pertaining to the regrading of Lots 96-4 and 96-5 in McAllister Industrial Park by awarding Tender Number 97-083401T (Grading of Lots 96-4 and 96- 5) to Debly Enterprises Ltd., and authorize the expenditure of $36,225 plus HST from the 1997 Industrial Parks Capital Budget for the undertaking of this tender. Question being taken, the motion was carried. 26. Glenn Carpenter Re Quality Assurance On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Glenn Carpenter referring to recent criticism of the City operation as being damaging to everyone concerned, including staff and the citizens; and suggesting that Council should consider the Quality Assurance ISO-9000 process as the vehicle to design and 86-431 COMMON COUNCIL MAY 26,1997 institute changes to meet the needs of the 90s -- be referred to the City Manager. Question being taken, the motion was carried. 27(a) Seniors' Resource Centre (b) Joan LeGassie; (c) Linda Nickerson Re Bicvcle Bv-Law On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letters from (a) the Seniors' Resource Centre; (b) Joan LeGassie; and (c) Linda Nickerson in opposition to the repealing of the Bicycle By-Law -- be received and filed. Councillor Trites suggested that these letters should be referred to the Building Inspector who is reviewing the By-Law. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the above letters be referred to the City Manager. Question being taken, the referral motion was carried. 29. John D. Stears - Necessity Of PreservinQ MusQuash Watershed On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from John D. Stears regarding the necessity to preserve the Musquash watershed, the City's water supply, as one of the last and virtually unpolluted ecosystems; and setting out major concerns that require immediate attention and safeguards on which Council should take immediate action -- be referred to the Minister of the Environment. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk