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1998-03-09_Minutes 86-875 COMMON COUNCIL MARCH 9, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of March, A.D. 1998, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Ball, Brown, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; P. Woods, Deputy City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Facility Management; W. Edwards, Building Inspector; G. Tait, Fire Chief; C. Cogswell, Acting Chief of Police; 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 David Warren of the Saint John Foursquare Gospel 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 March 2, 1998, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary noted the forthcoming St. Patrick's Week celebration in the City. 4. Purchase Of Property Mount Pleasant Avenue East Read a report from the City Manager advising of the Provincial Department of Supply & Services' offer to sell to the City an approximately 279 square metre vacant property located on Mount Pleasant Avenue East on the north side of the street between Alma and Bellevue Streets which, if acquired, would be used for the future street realignment in that staff has determined that some of the street lines on the streets entering Mount Pleasant Avenue East are irregular and should be realigned; and recommending the purchase of the subject property. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council authorize the purchase of the property on Mount Pleasant Avenue East identified by LRIS Number 00429050 from the Province of New Brunswick, for the sum of $2,000 plus applicable taxes and expenses, and the Mayor and Common Clerk be authorized to execute all necessary documents related to this purchase. Question being taken, the motion was carried. 86-876 COMMON COUNCIL MARCH 9, 1998 5. Grant Of Easement For Encroachment Of BuildinQ 75 Prince William Street Consideration was given to a report from the City Manager submitting documentation from the Legal Department advising of a request from Brian W. Mosher, solicitor for 57 King St. Ltd., the purchaser of 75 Prince William Street, for a grant of easement to permit the encroachments of his client's building upon Market Square and upon Prince William Street; and recommending the adoption of the resolution as stated. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the sum of one dollar ($1.00) to execute a grant of easement in favour of 57 King St. Ltd. to permit the encroachments of the Company's building at 75 Prince William Street upon Market Square and upon Prince William Street, as shown on the Surveyor's Real Property Report dated January 20, 1997, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. 6. StrateQic PlanninQ Process Read a report from the City Manager advising that, following Common Council resolution of February 16, 1998, staff met with Councillors Brown and Ball to discuss their concept of strategic planning and, flowing from this discussion, the submitted correspondence was provided to Ernst & Young and the submitted proposal for a strategic planning process was received from Ernst & Young; and also advising that he indicated to Ernst & Young a number of concerns related to the proposal as follows: (1) the proposal would not meet the expectations of Council; (2) the process would perhaps be seen as being driven by the administration as opposed to Councilor the community; and (3) the fact that starting with Council priorities identified at its meeting in September 1997 may preclude far broader long-term issues being discussed. The report further advises that Mr. Gallagher of Ernst & Young has indicated it would be advantageous for him to meet with Council to ascertain to what degree Council is desirous of becoming involved in a much broader strategic planning process; and submits a recommendation in this regard. On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council agree to meet with Ernst & Young to discuss the various alternatives for undertaking a strategic planning process. The Mayor expressed the understanding that the above meeting would take place in open session of Council. Question being taken, the motion was carried. 7. Mobile SiQns On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that report from the City Manager further to Council's October 14, 1997 referral to the City Manager of a Planning Advisory Committee recommendation that mobile signs be prohibited; putting forth three options available to Council with respect to proceeding with a plan for the administration and enforcement of mobile signs as follows: (1) do nothing; (2) prohibit mobile signs; and (3) amend the Building and/or Zoning By-Laws; apprising Council of a meeting of City staff and sign suppliers on November 14, 1997, which was insightful to both groups; and advising that a further report will be submitted to Council 86-877 COMMON COUNCIL MARCH 9, 1998 recommending specific changes to the Building and Zoning By-Laws staff consider appropriate for mobile signs -- be received and filed. During discussion Councillor Brown made the observation that, by recommending that the above report be received and filed, staff was not asking Council what it wanted but rather was suggesting the path that should be taken; and asked if Council should be answering option (1), (2) and (3) to decide what it wants to do. Question being taken, the motion was carried with Councillor Brown voting "nay". 8. Re Sidewalk Vendor Site #20 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising, with regard to Atlantic Vending Ltd.'s request to Council on February 23 for the deletion from the annual Sidewalk Vendors Auction of Site #20, located at the corner of Prince William and Princess Street as it is Atlantic Vending Ltd.'s opinion is that Site #20 is not necessary due to the volume of sales in the area, it is staff's recommendation that this site not be deleted as it would appear that vendors, other than Atlantic Vending Ltd., may be interested in purchasing this site and, if there is no interest in this site at the auction, it will simply remain unsold; and also advising that the 1998 auction is scheduled for March 24 -- be received and filed. Question being taken, the motion was carried. 9. Transportation Study - Public Input On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the report from the City Manager informing Council of open house sessions and a household survey planned in conjunction with the Transportation Study currently being undertaken on behalf of the City of Saint John, further to Common Council resolution of December 22, 1997 accepting the proposal of FGA Consultants Ltd., in association with Godfrey Associates Ltd. and Geoplan Consultants Inc., to prepare a Transportation Study for the City of Saint John -- be received and filed. Question being taken, the motion was carried. 10. Number Of Management Positions Eliminated In Last Few Years On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the City Manager listing the management positions, totalling 26, which have been eliminated since the administration began to focus on cost-cutting measures and eliminating bureaucracy, having been asked this past week how many management positions the administration eliminated in the last few years -- be received and filed. Question being taken, the motion was carried. 11. Municipal Ban On Circuses With Animals Consideration was given to a report from the City Solicitor advising Council of the results of an examination of whether a ban on circuses with animals is within the authority of the City, further to the September 29, 1997 presentation by Jessica Vihvelin during which she requested that a by-law be enacted banning animals in circuses; and concluding that, if Council believes that it is advisable and necessary that a by-law be enacted providing for the protection, health and well-being of animals, then it may do so and, in that case, the next step would be for Council to articulate its 86-878 COMMON COUNCIL MARCH 9, 1998 concerns in this regard, as well as the means by which those concerns could be alleviated, taking care to assure that such a by-law was of general application and not discriminatory in its effect; i.e. applying equally to all those using animals in performing acts and not only to circuses. 16. GWE Group Inc.'s Request To Address Council Re Possible Ban On Circuses With Animals Consideration was also given to a letter from P.L. (Len) Wolstenholme of GWE Group Inc., which produces the Royal Canadian and Shrine Circus, requesting the opportunity to speak at this meeting to provide Council with information it will want to have in order to make an informed decision when considering a possible ban on circuses with animals. The Mayor noted that, in order to hear from P.L. (Len) Wolstenholme of GWE Group Inc., a two-thirds majority vote in the affirmative would be required to do so. On motion of Councillor Waldschutz Seconded by Councillor Gould RESOLVED that P.L. (Len) Wolstenholme of GWE Group Inc. be invited to address Council at this time in the above regard. Question being taken, the motion was carried. Mr. Wolstenholme, in expressing the understanding that the matter of a ban on circuses was an issue being driven by concerns expressed to Council and shared by some members of Council about the life and conditions of animals that perform in circuses, explained that the reason he asked to speak to Council was that GWE Group Inc. feels that the welfare of animals in any kind of human control, in any kind of animal-husbandry system, is something that everyone needs to be concerned about. Mr. Wolstenholme commented on the history and type of circuses produced by GWE Group Inc., as well as on survey results on the number of families in Saint John and area who attend circuses in the City; and also commented in terms of scientific research available on the condition of animals that live in circuses. Mr. Wolstenholme concluded that, if Council could determine a factual basis or solid justification to further regulate the presence of exotic animals in Saint John, GWE Group Inc. would be happy to help the City develop and implement viable solutions. Mr. Nugent summarized his report to the effect that, in the context of reviewing the possibility of drafting a by-law that would effect the banning of performing animal acts in circuses, he came to the conclusion that no municipality in the Province of New Brunswick currently has the authority to ban circuses with performing animal acts - to impose a prohibition on performing animal acts in circuses; however, a provision in the Municipalities Act would allow municipalities to legislate by way of by- law for the purpose of addressing the protection, health and well-being of animals. Mr. Nugent expressed the understanding that Council's concern, as well as the concern of Miss Jessica Vihvelin when she made her presentation to Council last fall, was for mistreatment or cruelty to animals in circus environments; and advised that the subject provision in the Municipalities Act that allows a municipality to address by by-law the mistreatment of animals would allow those concerns to be addressed, but, in order to address them, it would be necessary for Council to identify the nature of the concerns for animals' protection and well-being that were of interest; for example, size of the enclosures, the nature of the protection from the elements, diet, exercise regimes, and the duration and number of performances at any given time, following which it would be necessary for Council to identify the means of alleviating or addressing those concerns, and with that a by-law could be drafted within the authority that a municipality has in the Province. Councillor Waldschutz proposed a motion, which was seconded by Councillor Gould, instructing the City Solicitor to draft a by-law, the thrust of which is to prohibit exotic animal acts in Saint John, with such exemptions as he thinks that 86-879 COMMON COUNCIL MARCH 9, 1998 Council wants for agricultural shows and that kind of thing, and being mindful of the advice given by him to Council. Councillor Waldschutz, in proposing the motion, clarified that the intent of his motion was to get the issue on the table and the parameters would be given to the City Solicitor to keep the City out of an appeal court. The Mayor asked if the City Solicitor could do anything with the motion as proposed, to which Mr. Nugent made the observation that Council could not try to achieve indirectly what it could not achieve directly and, if the purpose of the motion was to prohibit animal acts in circuses, the City in his view did not have the authority to do so, and also that it would be clearly illegal if it were the intent to ask for a by-law to be fashioned that would produce restrictions upon the various associated circumstances of these animals so as to make it impossible to meet and thus result in a ban. Mr. Nugent advised that he could put together a by-law, apart from the vagaries involved in terms of what the substance of the by-law would be, which would possibly achieve that end; however, in his view it would essentially be a waste of time because if the by-law were challenged, it would surely fail. During discussion Councillor Vincent suggested that the topic could be one for discussion by the Cities of New Brunswick Association, and the proposed motion was withdrawn with the consent of the mover and seconder. On motion of Councillor Waldschutz Seconded by Councillor Gould RESOLVED that the above matter be referred for discussion at the Cities of New Brunswick Association's forthcoming meeting in Saint John on March 20. Question being taken, the motion was carried with Councillors Brown and Knibb voting "nay". (Councillor Fitzpatrick withdrew from the meeting as he was not present for the March 2 public hearing with regard to the proposed re-zoning of the property at 117 Glen Road. Councillor Vincent also withdrew from the meeting.) 12. Zoning By-Law Amendment To Re-Zone 117 Glen Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number C.P. 100-460 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the property located at 117 Glen Road (NBGIC Numbers 301418 and 301507), from "RS-2" One- and Two-Family Suburban Residential to "R-4" Four-Family Residential classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the use of the property be limited to a maximum of three dwelling units, and (b) the building be upgraded to satisfy all regulations of the Building and Minimum Standards By-Laws. The by-law entitled, "By-Law Number C.P. 100-460 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 13. Municipal Elector Officer Re Plebiscite Question On motion of Councillor Trites 86-880 COMMON COUNCIL MARCH 9, 1998 Seconded by Councillor Knibb RESOLVED that the letter from Chief Electoral Officer Barbara J. Landry submitting a copy of the question forwarded to her to be included in a plebiscite during the municipal election May 11, 1998, further to Common Council resolution of March 2, 1998, and advising that the revised plebiscite question is satisfactory -- be received and filed. (Councillors Fitzpatrick and Vincent re-entered the meeting.) Councillor Brown expressed the belief that the plebiscite question proposed would do nothing to address the issue of representation in the outlying areas of the City as the wards would be large and mainly-populated towards the centre of the City, and the format would increase the chances of councillors who live within the heavily-populated areas to be elected because they would be elected by the majority of the populace, and it would do nothing for broad representation across the board. Question being taken, the motion was carried with Councillors Ball and Brown voting "nay". 14. Marilyn And Bev Calhoun DrainaQe At 12 Pauline Street On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Marilyn and Bev Calhoun advising of a drainage problem affecting their driveway at their home at 12 Pauline Street, and submitting a picture of the bottom of their driveway after a winter rainstorm -- be referred to the City Manager. Question being taken, the motion was carried. 15. Bobby Donovan I Linda Nickerson Commendation - Sidewalk Snow Removal On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Bobby Donovan and Linda Nickerson commending the Works Division for doing a much better job with sidewalk snow removal this year -- be received and filed. Question being taken, the motion was carried. 17. NaturaLawn of Canada Re Service Provision On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from NaturaLawn of Canada advising that Neil and Lorna Pond, owners of Lawn Management Inc., have purchased a lawn care franchise called NaturaLawn of Canada, and NaturaLawn of Canada would be happy to meet with the Mayor and Councilor their designates to discuss any services which may interest the City -- be received and filed. Question being taken, the motion was carried. 18. Ashford Investments Inc. - Application To Re-Zone Property Off Westmorland Road On motion of Councillor Trites 86-881 COMMON COUNCIL MARCH 9, 1998 Seconded by Councillor Waldschutz RESOLVED that the application of Ashford Investments Inc. for the re-zoning of property off Westmorland Road north of the McAllister Drive Intersection 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 Tuesday, April 14, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. The Mayor, referring to item 6 considered earlier in the meeting, asked if Council would allow her to ask the City Manager if there would be a fee for Ernst & Young to make the presentation to Council and for him to advise Council in this regard before the presentation in that, in her belief, if there is a fee, Council should be aware of the fee before asking Ernst & Young to come before Council. (Councillor Brown withdrew from the meeting.) Adiournment On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that this meeting be adjourned and a Committee of the Whole meeting of Council be held. Question being taken, the motion was carried. Common Clerk