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1998-01-19_Minutes 86-392 COMMON COUNCIL JANUARY 19, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of January, AD. 1998, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. T. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; P. Woods, Deputy Commissioner of Finance; B. Morrison, Director of Recreation and Parks; S. Galbraith, Director of Works; M. Jamer, Director of Water and Sewerage Services; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; B. Belyea, Budget Officer; C. Cogswell, Acting Chief of Police; R. Simonds, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend Eugene Morell of the Church of the Nazarene offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on January 12, 1998, be approved. Question being taken, the motion was carried. (Councillor Fitzpatrick entered the meeting.) 3(a) Municipal Plan Amendment And (b) Re-ZoninQ 785 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with a frontage of approximately 1.3 acres at 785 Loch Lomond Road (also known as 787-791 Loch Lomond Road and as NBGIC Number 313684), from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same parcel of land from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, to permit the development of a car sales lot, as requested by Mr. John H. Johnson of Johnson Engineered Solutions Limited, and no written objections were received in this regard. 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and two letters expressing opposition to the above proposal, which were considered at the Committee's January 13 meeting at which the applicant spoke in favour of the proposal on behalf of the owner, Mr. Brian Train, and expressed agreement with the recommendation in the submitted staff report, with the exception of part 2(b) dealing with the proposed car washing facility; advising that, after considering the report, letters and applicant's comments, the Committee adopted the staff recommendation with an amendment to part 2(b) requiring that a car wash facility, if installed, must be connected to a City 86-393 COMMON COUNCIL JANUARY 19, 1998 storm or sanitary sewer system in a manner acceptable to the Chief City Engineer and, in addition, the Committee added a further condition (f) to part 2 requiring that a letter of credit be posted to ensure completion of the required paving and, due to the inclusion of security, it will be necessary that the Section 39 conditions be in the form of an agreement rather than a resolution; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Low Density Residential to District Centre Commercial classification, a parcel of land with an area of approximately 1.3 acres, being civic number 785 Loch Lomond Road (also known as 787-791 Loch Lomond Road), and having NBGIC Number 313684; (2) re-zone the same land from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, subject to an agreement pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the site is restricted to residential use and/or a car sales lot, together with accessory sales office; (b) a car wash facility, if installed, must be connected to a City storm or sanitary sewer system in a manner acceptable to the Chief City Engineer; (c) the commercial use of the site must be developed and maintained in accordance with a detailed site plan, to be prepared by the proponent and subject to the approval of the Development Officer, indicating location of all buildings and structures, parking areas, vehicle display areas and driveway entrances/exits, freestanding sign (if any), and landscaping, including a minimum 10-foot landscaped area along the front lot line; (d) all parking areas, vehicle display areas and driveways must be paved with asphalt; (e) all work necessary to complete the development in accordance with the approved site plan must be completed within one year of building permit approval; and (f) the proponent must provide security in the form of a letter of credit for $5,000 to ensure completion of the paving work mentioned in condition (d). Mr. John Johnson of Johnson Engineered Solutions Limited appeared in support of his application, and offered to respond to questions in the above regard. Mr. Johnson expressed agreement with the Planning Advisory Committee's recommendation for which he was looking forward to Council's approval; and responded to questions about the proposed car washing facility. (Deputy Mayor Chase entered the meeting.) 3{a) On motion of Councillor Knibb Seconded by Councillor Gould 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 parcel of land with an area of approximately 1.3 acres, being civic number 785 Loch Lomond Road (also known as 787-791 Loch Lomond Road), and having NBGIC Number 313684, from Low Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 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 parcel of land with an area of approximately 1.3 acres, being civic number 785 Loch Lomond Road (also known as 787-791 Loch Lomond Road), and having NBGIC Number 313684, from Low Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 86-394 COMMON COUNCIL JANUARY 19, 1998 3{b) On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land with an area of approximately 1.3 acres, being civic number 785 Loch Lomond Road (also known as 787-791 Loch Lomond Road), and having NBGIC Number 313684, from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land with an area of approximately 1.3 acres, being civic number 785 Loch Lomond Road (also known as 787-791 Loch Lomond Road), and having NBGIC Number 313684, from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended 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. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-Law Amendment To Re-Zone 339-341 Lancaster Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land with a frontage of approximately 80 feet on Lancaster Avenue and a lot area of approximately 27,600 square feet, located at 339-341 Lancaster Avenue (NBGIC Number 36137), from "R1- B" One-Family Residential to "B-2" General Business classification, to permit the establishment of a law office/dispute resolution centre on the ground floor of the existing building, as requested by Mr. Dennis Boyle, and no written objections were received in this regard, and also that a letter was received from Mr. Doug Bourque (copies of which were distributed to Council members at this meeting) requesting that the public hearing be postponed until he has the opportunity to seek legal advice. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and six letters in opposition to the above proposal, which were considered at the Committee's January 13 meeting at which the applicant expressed agreement with the staff recommendation and Mr. Doug Bourque of 351 Lancaster Avenue attended in opposition to the proposal; advising that 86-395 COMMON COUNCIL JANUARY 19, 1998 the Committee decided to table the application for two weeks in order to give staff an opportunity to facilitate a meeting between the applicant and Mr. Bourque as both parties expressed a willingness to meet and discuss the concerns; and recommending that Common Council hold the public hearing as advertised but not make a decision until the Committee is able to submit a recommendation. The Mayor, noting Mr. Bourque's above request for the public hearing to be postponed and the Planning Advisory Committee's recommendation, made the observation that the public hearing could not be postponed. Mr. Doug Bourque of 351 Lancaster Avenue, appearing in opposition to the above application, expressed concern about parking and the common driveway in that, by re-zoning, he felt it would be re-zoning his driveway, and there was a concern about children and grandchildren; and also that paving would be a problem as the grade would cause flooding of his garage and, as well, five cars parked at the rear of the subject property would not be able to manoeuvre to get out and would have to back all the way out onto a busy street, passing his four cars in the driveway. With respect to a reference to a business operating out of his house, Mr. Bourque advised that he is a service technician for a company and has a service vehicle, although it is not a business, nor does he have customers coming and going; and, in noting a concern about property depreciation, also advised that he had petitions from the neighbours who are against the re-zoning. Mr. Bourque also expressed a concern about the applicant buying the house with full intent to put a business there, without getting variances from the City of Saint John; and made the observation that, having met with the Planning Advisory Committee, he felt he needed some legal advice as he did not know the laws, and it was a big thing to him to have a commercial house next door to him for the rest of his life, and the property could be sold for another commercial business. Mr. Dennis Boyle, the applicant for the re-zoning, appeared in support of his application; and, in expressing an understanding of Mr. Bourque's concerns as one driveway served two houses with the property line going across in a diagonal fashion, circulated two surveyor's certificates to give an idea of how the property line runs between the two houses, as well as a series of photographs of the subject property and other properties in the Lancaster Avenue area in question, and a copy of a letter from Mr. Bourque to the Planning Advisory Committee (which was submitted above by the Committee). Mr. Boyle explained that his business was based on three or four interviews/appointments which were never more closely together than a half hour, with a lot of his work off-site; so, based largely on half-hour appointments half of the day, four or five people coming in would constitute quite a busy day as, because of the nature of his work, he needs lots of time with people and lots of time off-site for library, Registry Office and court. Mr. Boyle noted the large parking area in the back of the subject property, and advised that, with regard to turning around, a salt/sand truck turned around there last week without any difficulty; and also noted Section 39 condition (b) in the above-mentioned Planning staff report for posting of a sign indicating no parking in the driveway and parking at rear on the basis that this should alleviate that concern. Mr. Boyle addressed Mr. Bourque's concern about children and grandchildren to the effect that his office hours would essentially be from 9 until 4 which was not the time children, characteristically, would be playing, except in July and August, and his particular desire was not to be in the office in July and August at all unless necessary, and also that, as a father, he has concerns about children's safety and would not want to jeopardize the safety of a child. Mr. Boyle addressed Mr. Bourque's concern about paving and his garage flooding in terms of proper paving, draining, ditching and so on; and, with regard to possible depreciation in property value, commented on improvements he would make to the subject building which at this time was probably the most poorly maintained of the buildings in the subject area, which should increase property values in the area. Referring to Mr. Bourque's request for time to seek legal advice, Mr. Boyle noted Mr. Bourque's letter to the Planning Advisory Committee, which was stamped as having been received by Community Planning on January 9, and which referenced discussion at that time with his lawyer; and, also referring to pages in the current Saint John City Telephone Directory (copies of which he circulated to Council members during the meeting), noted the listing for Vipond Fire Protection Inc. at 351 Lancaster Avenue, Mr. Bourque's address. 86-396 COMMON COUNCIL JANUARY 19, 1998 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council make no decision with regard to the application of Mr. Dennis Boyle for the re-zoning of property at 339-341 Lancaster Avenue until the Committee is able to submit a recommendation. Question being taken, the motion was carried. 5. Mavor's Remarks Mayor McAlary extended condolences to Councillor Fitzpatrick and his family on the death of his sister, Nancy Harris, on January 13. The Mayor, in re-iterating thanks to all concerned for their efforts during and in the aftermath of the recent ice storm, expressed appreciation to employees of Parks and Works involved in picking up tree branches and helping citizens, as well as to the City of Fredericton for the resolution adopted by the Mayor and Council members last Monday evening giving the City of Saint John two work crews including specialists in tree cutting and pruning, plus two or three pieces of their equipment, who have been helping City crews in King's Square and the Loyalist Burial Ground. Mayor McAlary also thanked members of the military who assisted City work crews, taking calls for senior citizens and disabled persons were not able to take their tree branches to the fronts of their properties; and made the observation that City workers were still involved in going street-to-street throughout the City chipping tree debris. *12. Withdrawn Item On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that item 12, being the City Manager's report on an early retirement (Police) option, be withdrawn from the agenda of this meeting and Council await a further submission. Question being taken, the motion was carried. 6. 1998 Operating And Capital Budgets General Fund - Water And SeweraQe Utilitv Consideration was given to a report from the City Manager submitting the proposed 1998 Operating and Capital Budgets for the General Fund and the Water and Sewerage Utility - a financial package recognizing financial realities, yet consistent with Council's desire to maintain long-term financial stability, encourage economic development and ensure the safety of citizens and their property; setting out the context in which this financial package has been formulated in terms of (a) diminished growth in community wealth, (b) diminishing Provincial support, and (c) increased community expectations; and advising that, in asking Council to review the submitted information, he was inherently recommending that (1) municipal spending for general operating purposes be established at the lowest it has been since 1990; (2) combined municipal spending for both operating and capital purposes in the General Fund be established at $92,124,889, the lowest it has been since 1989; (3) the establishment of a tax rate of $1.58 per $100 assessment; (4) Council establish a budget incorporating the concept of a new Regional Facilities Commission and a new Greater Saint John Economic Development Commission, as agreed to by the three municipal neighbours; (5) as directed by Council, a separate levy be charged against all residential properties containing four units or less, such levy to cover the increasing costs of solid waste management and intended to be a separate billing, anticipated to be approximately $80 per unit, per year, to property owners by mid-year; (6) Council increase spending on economic development initiatives, particularly within the Capital Budget, specifically to initiate development in the Spruce Lake Industrial Park and hopefully in the area of McAllister Mall and Mark Drive; (7) a level of spending in the Water and Sewerage Utility that will necessitate a 5.6% increase ($19.56 per household) in water and sewer 86-397 COMMON COUNCIL JANUARY 19, 1998 rates for flat rate customers, the primary reason for this being to repay monies borrowed for the Western Beaches collector system and ongoing system improvements; and (8) a level of borrowing in the Capital Budget of the Utility that recognizes the fact that the City has indeed an aging infrastructure, as well as a requirement for system improvements, most notably in the North End area of the community. The report sets out, in tabular form and round numbers, the events that have transpired since Council was advised that, if the tax base and grants received in lieu of taxes did not increase and Council made no other decisions, the City would have to eliminate $6.4 million from its net budget in order to maintain a tax rate of $1.58; and brings to Council's attention a number of concerns with respect to the future related to (i) the City's level of borrowing in the years to come; (ii) the increasing portion of municipal spending being consumed by Protective Services; (iii) the ever-increasing percentage of taxpayer dollars that is being consumed by employee wages and benefits; and (iv) the fact that more than a million dollars, earmarked for asphalt resurfacing and equipment replacement, has been removed from the 1998 base budget. The report includes two graphs that compare what has happened in Saint John with respect to expenditures and tax rates to two other major cities in New Brunswick, Moncton and Fredericton; and recommends adoption of the submitted resolutions. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the amount of $83,624,889 be adopted as the estimate required for the operation of the City of Saint John for 1998 as follows: General Government Services Protective Services Transportation Services Environmental Health Services Environmental Development Services Recreation and Cultural Services Fiscal Charges $ 7,325,889 31,792,040 17,242,350 2,071,843 6,849,302 5,964,970 12,378,495 AND FURTHER BE IT RESOLVED that the amount of $8,062,514 be adopted as the estimate for Non-Tax Revenue for the year 1998: AND FURTHER BE IT RESOLVED that the Provincial Unconditional Grant of $21,086,262 be incorporated in the 1998 Budget: AND FURTHER BE IT RESOLVED that the Federal Grant in-lieu of taxes of $1,518,123 be incorporated into the 1998 Budget: AND FURTHER BE IT RESOLVED that the estimate required to be raised by levy on real property assessment liable to taxation under the Assessment Act within the City for the year 1998 be adopted in the amount of $52,957,990: AND FURTHER BE IT RESOLVED that the Commissioner of Finance be given authority to disburse funds, the time of which to be at his discretion, to the organizations mentioned in the submitted Schedule 4: AND FURTHER BE IT RESOLVED that the amount of $8,500,000 be adopted as the estimate of the Capital Programs to be undertaken by the City of Saint John for the year 1998. Council members, in turn, spoke in the above regard during which time Councillor Brown explained why, in his opinion, Council in the proposed budget had not made the tough decisions, and had managed to move costs from one area to another and, instead of calling it a tax increase, had used other names like user fees, adjustments, transfers and deferrals; expressed the view that it was virtually necessary for City Hall, if it were to move ahead in visioning and strategic planning, to do an objective value-for-money audit; and advised that he would be voting against the budget for the reason that, overall, it was headed in the wrong direction, was irresponsible, was mortgaging the future and would tie the hands of future Councils. 86-398 COMMON COUNCIL JANUARY 19, 1998 Councillor Ball, referring to his letter to Council at the January 12 meeting, advised that he could not vote for the proposed budget in that there were important factors neglected in it which were needed to expand the City's tax base and attract population growth, including funding to expand economic development, the arts and entertainment industry, tourism, waterfront development, the filming industry, development of warehouses, upper floors in the Uptown area and heritage building to attract the kinds of business and world trade organizations needed in the City, as well as a population increase through immigration. Councillor Arthurs spoke in opposition to the proposed budget on the basis that she saw no possibility in the budget documents before Council, nor did she see any plan for future growth in the organizational structure which she would address under item 10 on the agenda of this meeting, to address her previously-expressed concerns in respect to the future direction of the City of Saint John and for a plan for the way the City must organize itself financially and organizationally, as well as a vision to build the tax base at a tax rate that citizens can afford; and expressed concern that the budget proposed less spending for economic development and tourism-related items which draw more money into the City when a budget was needed that sets importance on industrial and tourism growth so that citizens could get jobs and retrain for new jobs that must come to the City, and that the proposed budget accomplished none of these but only set new fees. Question being taken, the motion was carried with Councillors Arthurs Ball and Brown voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the estimate of expenses for the Water and Sewerage Utility for the year 1998 in the amount of $17,169,660 be approved: AND FURTHER BE IT RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", with regard to rates and discounts, be read a first time. Question being taken, the motion was carried with Councillor Brown voting "nay". Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Water And Sewerage", with regard to rates and discounts, be read a second time. Question being taken, the motion was carried with Councillor Brown voting "nay". Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage". On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the amount of $6,800,000 be adopted as the estimate of the Capital Program to be undertaken by the Water and Sewerage Utility for the year 1998. Question being taken, the motion was carried with Councillor Brown voting "nay". (Councillor Fitzpatrick withdrew from the meeting.) 86-399 COMMON COUNCIL JANUARY 19, 1998 7. Building By-Law Amendment BuildinQ Permit Fee Structure Read a report from the City Manager advising that, further to the public presentation of the Building & Technical Services proposed 1998 budget which included an alternative to spending reductions of an increase in fees for building permits thereby avoiding a corresponding expenditure decrease and a resultant decrease in service to the public, the City Manager instructed the Building Inspector to prepare the appropriate by-law amendment for Council's consideration which would increase the basic fee for a building permit from $100 + $7 per thousand to $100 + $8 per thousand, provide for a $50 application fee for no charge permits (residential renovations under $5,000), and increase the fee structure of $20 + $4 per thousand for new residential construction with a value less than $60,000 to the same fee structure as construction over $60,000, i.e. $100 + $8 per thousand, in anticipation of generating approximately $45,000 annually in new revenue. The report submits a comparative listing of permit fees from other municipalities, and a recommendation for Council's consideration. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Saint John Building By-Law, with regard to the building permit fee structure, be read a first time. Question being taken, the motion was carried with Councillor Brown voting "nay". Read a first time the by-law to amend the Saint John Building By-Law. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Saint John Building By-Law, with regard to the building permit fee structure, be read a second time. Question being taken, the motion was carried with Councillor Brown voting "nay". Read a second time the by-law to amend the Saint John Building By- Law. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above-proposed amendment to the Saint John Building By-Law be referred to the Planning Advisory Committee for a written response. Question being taken, the motion was carried with Councillor Brown voting "nay". (Councillor Fitzpatrick re-entered, and Councillor Trites withdrew from, the meeting.) 8. Zoning By-Law Amendment & Subdivision Bv-Law Amendment Re Fees And CharQes Consideration was given to a report from the City Manager advising that, further to the presentation of the Community Planning budget during which time a number of alternatives were proposed to reduce expenditures and increase revenues, 86-400 COMMON COUNCIL JANUARY 19, 1998 revenue increases have been included in the budget and the following fees are proposed which would require amendments to both the Zoning and Subdivision By- Laws, as well as an amendment to the Council resolution which set the Section 39 fee: (1) an increase from $200 to $600 for re-zoning applications; (2) a variable fee structure for subdivision approvals - base (small developments) fee $50, major subdivision fee $200, 6 or more lots, service extension required, new street being created, and an additional $10 per lot over 10 lots; and (3) an increase to $300 from $100 for Section 39 amendments; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Common Council initiate an amendment to the Zoning By-Law which would amend Section 910(30)(a)(ii) by deleting $200 and inserting $600, and refer the proposed amendment to the Planning Advisory Committee for a report and recommendation, and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 16, 1998. Question being taken, the motion was carried with Councillor Brown voting "nay". On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law to amend the Saint John Subdivision By-Law, with regard to fees, be read a first time. Question being taken, the motion was carried with Councillor Brown voting "nay". Read a first time the by-law to amend the Saint John Subdivision By- Law. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law to amend the Saint John Subdivision By-Law, with regard to fees, be read a second time. Question being taken, the motion was carried with Councillor Brown voting "nay". Read a second time the by-law to amend the Saint John Subdivision By- Law. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above-proposed amendment to the Saint John Subdivision By-Law be referred to the Planning Advisory Committee for a recommendation prior to third reading. Question being taken, the motion was carried with Councillor Brown voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council approve an increase in the fee for Section 39 amendments to $300. Question being taken, the motion was carried with Councillor Brown voting "nay". 86-401 COMMON COUNCIL JANUARY 19, 1998 9. City Market By-Law Amendment Re Fees Read a report from the City Manager advising that a proposal was included in the 1998 budget submission to increase fees for rental spaces in the City Market by 2.5% which would generate approximately $10,500 in additional revenue and a meeting has been held with representatives of the City Market Merchants Association to review the proposed fee schedule; submitting a proposed amendment to the City Market By-Law and Schedule "A" which sets out the fees; and recommending that Common Council give first and second readings to the submitted amendment which would result in the repeal of the existing Schedule "A" and the substitution of the submitted Schedule "A". On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the City Market By-Law, with regard to fees, be read a first time. Question being taken, the motion was carried with Councillor Brown voting "nay". Read a first time the by-law to amend the City Market By-Law. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the City Market By-Law, with regard to fees, be read a second time. Question being taken, the motion was carried with Councillor Brown voting "nay". Read a second time the by-law to amend the City Market By-Law. 9A. Water And Sewerage By-Law Amendment Stand-By Fee For Sprinklers Or Hvdrants And Wastewater Permits Consideration was given to a report from the City Manager referring to staff's recommendation through previous budget presentations that properties serviced with fire line services for sprinklers or hydrants be charged a stand-by fee to generate additional revenue for the Utility estimated at $50,000 per year, as staff was recommending changes to the Water and Sewerage By-Law in order to deal with this issue, as well as supporting the submitted October 23, 1997 request of Dean and Angela Secord regarding the matter of a new charge for dumping sewerage at the Lancaster treatment centre, this issue being a major increase in cost to people who have holding tanks, with staff's suggestion being that a fair resolution of this significant cost would be to have residents of the City who own a holding tank or septic tank pay the annual sewerage fee, presently $173.16 per year, and the City reimburse the 6 cents per gallon treatment charge upon submission of a copy of the invoice from a qualified septage hauler with the portion of the invoice to pump the tank still to be paid by the home owner; and recommends that the Water and Sewerage By-Law be modified as set out herein. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", with regard to fire line services for sprinklers or hydrants and wastewater permits, be read a first time. Question being taken, the motion was carried with Councillor Brown voting nay". 86-402 COMMON COUNCIL JANUARY 19, 1998 Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage". On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", with regard to fire line services for sprinklers or hydrants and wastewater permits, be read a second time. Question being taken, the motion was carried with Councillor Brown voting "nay". Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage". (Councillor Trites re-entered the meeting.) 10. OrQanizational ChanQes Read a report from the City Manager referring to his discussions with Council with respect to possible options to downsize the organization which culminated recently with Council's decision to abolish two senior positions, namely, the Commissioner of Human Resources and the Director of Engineering, and the resultant removal from the City's 1998 Operating Budget of $175,000; and setting out the points taken into consideration with respect to the required structural changes to ensure that responsibilities and reporting relationships are clearly understood by all employees affected by the removal of these two senior positions. The report points out that no additional staff was being asked for and, in its simplest form, the recommended structure would result in (1) replacing the Deputy Commissioner of Finance position with a Deputy City Manager position; (2) expanding the scope of the position of Commissioner of Finance to include other corporate services, such as Human Resources, hence a title change; and (3) bringing together a number of employees working with Information Technology under one manager, the Director of Information Technology, who shall be part of the Corporate Services Department; advises the financial impact in terms of the total immediate impact of these changes of less than $2,500, although a further incremental cost might be anticipated in the range of $10,000 when the Commissioner of Corporate Services and of Municipal Operations have had an opportunity to review their new responsibilities and determine the appropriate structures within their departments; and submits a job description for the Deputy City Manager position and a recommendation for Council's consideration. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) Common Council approve the submitted organizational structure indicating that the organization is divided into five departments, four of which are headed by a Commissioner, and the fifth by the Fire Chief; (2) the position of Commissioner of Finance and Treasurer be assigned the responsibilities of the Human Resources and the Information Technology functions, and that he will be identified as Commissioner of Corporate Services while discharging those responsibilities; (3) Common Council abolish the position of Deputy Commissioner of Finance and replace it with the position of Deputy City Manager, and further approve the submitted Job Description; (4) Common Council appoint Patrick Woods to the position of Deputy City Manager, with remuneration to commence at the bottom of the Grade 9 pay scale; (5) the title of Manager of Accounting Services be changed to Comptroller; and (6) the title of Director of the Public Safety Communications Centre be changed to Director Information Technology. Mr. Nugent, referring to the submitted organizational structure, expressed the view that, to be consistent with (2) above, the block showing 86-403 COMMON COUNCIL JANUARY 19, 1998 Commissioner of Corporate Services should read "Commissioner of Finance and Commissioner of Corporate Services" representing a single person with dual titles. Councillor Brown stated that, if he knew how this new organizational structure related to the strategic plan, he might vote for it. Councillor Arthurs, referring to her letter to Council on December 8, 1997 in which she asked that any additional duties be taken on by existing staff without a pay increase and to the City Manager's response on December 15, 1997 rebuking her for this, noted the submitted job description for an existing member of staff with an increase in pay; expressed the view that the City Manager should learn to delegate; and, in voicing her concern about upgrading the position of Director of the Public Safety Communications Centre to Director Information Technology, also expressed the view that downsizing was the wrong reason for rolling hand-picked people into such strategic jobs without even having an internal competition seeking the most skilled employees and that Saint John needs a better plan for its future envision for leadership. Question being taken, the motion was carried with Councillors Arthurs, Brown and Gould voting "nay". 11. Authorization To Purchase Trees Consideration was given to a report from the City Manager advising of staff's concern that, because tree nurseries are already receiving large orders earlier than usual due to the considerable damage to trees in the entire area by the recent ice storm which struck Eastern Canada and the United States, trees will not be available if an order is not placed immediately; and requesting authorization to negotiate with previous suppliers for the provision of trees to ensure that the City of Saint John will be able to obtain trees at reasonable prices. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council authorize the City Manager and staff to expend up to $50,000 from the 1998 Capital Budget for the purchase of trees and further authorize the City's Purchasing Agent to negotiate prices with tree nurseries to obtain the greatest number of street trees as possible for the $50,000. The Mayor advised that City staff would be assessing the damage to trees in the area in anticipation of receiving grant funding provided to the Province by the Federal Government; and Mr. Morrison advised the status of the City's crews in chipping brush on a street-to-street basis, as well as the number of trees removed to date and the anticipated number of additional trees to be removed, and the number of trees necessary to retain an urban forest. Question being taken, the motion was carried. 13. Traffic By-Law Amendment ParkinQ On BridQe Street 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 on Bridge Street, Council having given first and second readings to the proposed amendment at its last meeting. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Bridge Street, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle 86-404 COMMON COUNCIL JANUARY 19, 1998 Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 14. TelevisinQ Of Council MeetinQs Consideration was given to a letter from the Common Clerk submitting a letter from Fundy Cable Ltd. outlining a change proposed in the televising of Council meetings for which Council's approval is necessary, further to Council's authorization in August 1975 of the televising of public sessions of Common Council meetings by Fundy Cablevision Ltd.; advising that the proposal is to provide coverage of Council meetings on a tape-delay basis, with playback times being on Monday evening commencing at 9 p.m., with a repeat on Tuesday mornings commencing at 9 a.m.; and also advising that, during discussions with Fundy Cable Ltd., it was confirmed that, when regular Council meetings are held on a Tuesday, rebroadcast would commence at approximately 10 p.m. with no playback on the following day; that, as at present, there would be no planned coverage of special meetings of Common Council; that the Council meetings would be shown in their entirety, with no editing, with the effective date for implementation of these changes being February 2, 1998. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that Council approve the proposal of Fundy Cable Ltd. for a change in the televising of Council meetings as outlined above. Question being taken, the motion was carried. 15. 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 Monday, January 12, 1998, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Common Council reject the proposals made by Rockwood Park Waterslides Ltd. in its letter dated October 24, 1997 and that the proceedings authorized by Common Council on September 15, 1997 continue. January 19, 1998, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1. Rockwood Park Waterslides Ltd. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 86-405 COMMON COUNCIL JANUARY 19, 1998 16. Planning Advisory Committee Subdivision 985-1001 MillidQe Avenue On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the submitted subdivision plan (photo-reduced copy) for the proposed development of 11 attached dwelling units at 985-1001 Millidge Avenue, with the following changes: (a) deletion of the proposed municipal services easement along Manners Sutton Road and between Millidge Avenue and units 4, 5, 6, 7, 8 and 11; and (b) vesting as public street of sufficient land along the Manners Sutton Road frontage of the property to accommodate concrete curb and sidewalk to City specifications; (2) a money-in-lieu of land for public purposes dedication be accepted for the proposed subdivision, in the amount of 8 per cent less the value of the area to be vested as public street in part (1)(b) above; (3) Common Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure the provision of the required work, including the required upgrading of the sewage lift station and required curb, sidewalk and street work in accordance with detailed plans to be prepared by the developer and submitted for the approval of the Chief City Engineer; and (4) Common Council authorize cost-sharing outside the limits of the subdivision for the required municipal services, including improvements to the sewage lift station to accommodate the proposed development: AND FURTHER that as recommended by the Planning Advisory Committee, Common Council initiate an amendment to the Traffic By-Law to prohibit on-street parking on either side of Manners Sutton Road in front of Lots 1, 2 and 3 of the proposed subdivision at 985-1001 Millidge Avenue. Question being taken, the motion was carried with Councillor Gould voting "nay". 17. Parking Commission - Traffic And Parking Meter By-Law Amendments Re Residential ParkinQ Permit ProQram On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Parking Commission advising of requests for changes to the Residential Parking Permit Program; and outlining proposals for changes to the Program which would (1) change the present system from a street parking permit area to a zone parking permit area; (2) remove the parking meters from Canterbury Street between Duke and St. James Streets and make that area a one-hour parking zone; (3) change the parking restrictions on Queen Street; and (4) provide for the issuance of new zone passes at the beginning of the next permit year starting May 1; and recommending that first and second readings be given to the submitted amendments to the Traffic and Parking Meter By-Laws -- be received and filed: AND FURTHER that the by-law to amend the Saint John Traffic By-Law of the City of Saint John and the by-law to amend the Parking Meter By-Law, with regard to the Residential Parking Permit Program, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Saint John Traffic By-Law of the City of Saint John and the by-law to amend the Parking Meter By-Law, with regard 86-406 COMMON COUNCIL JANUARY 19, 1998 to the Residential Parking Permit Program, be read a first time. (Councillor Vincent withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law to amend the Saint John Traffic By-Law of the City of Saint John and the by-law to amend the Parking Meter By-Law, with regard to the Residential Parking Permit Program, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Saint John Traffic By-Law of the City of Saint John and the by-law to amend the Parking Meter By-Law, with regard to the Residential Parking Permit Program. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above-proposed amendments be referred to the Legal Department for appropriate action. Question being taken, the motion was carried. 18. The Greater Saint John Home Builders' Association Inc. - Municipal Fees & CharQes On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the letter from The Greater Saint John Home Builders' Association Inc. expressing concern with recent department budget proposals which suggest increased fees and charges, and to offer to work with staff to see if there can be mutual agreement on ways to reduce or eliminate some fees and charges now charged by the municipality -- be received and filed. Question being taken, the motion was carried. 19. Fundy Region Immigration & Refugee Council - Report Of Federal Advisory Group On ImmiQration LeQislation Preview On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that the letter from the Fundy Region Immigration & Refugee Council advising of recommendations in the report of the Federal Advisory Group on Immigration Legislation preview - Not Just Numbers: A Canadian Framework for Future Immigration, which in its view should be supported by municipalities if immigration is to have any meaningful benefit to New Brunswick municipalities; and suggesting that the City of Saint John should inform the Minister of Citizenship and Immigration that Saint John supports recommendation 23 as set out herein -- be received and filed and Council send a letter as requested. Question being taken, the motion was carried. Adjournment 86-407 COMMON COUNCIL JANUARY 19, 1998 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk