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1998-04-27_Minutes 87-1 COMMON COUNCIL APRIL 27,1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of April, AD. 1998, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, 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; 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; D. Logan, Purchasing Agent; J. Bezanson, Heritage Planner; B. Belyea, Budget Officer; G. Tait, Fire Chief; C. Cogswell, 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 Rev. Bob Freill of the Roman Catholic Diocese 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 April 20, 1998, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary noted the change in the time for this meeting in that there would normally be a Committee of the Whole meeting of Council at this time, and advised the intent to recess at approximately 6: 15 o'clock p.m. and reconvene the meeting at 7:00 o'clock p.m. * Added Items The Mayor referred to two letters (copies of which were distributed to Council members at this meeting), one from McAllister Drive Plaza Inc. regarding the proposed re-zoning of 111-113 McAllister Drive, which was the subject of a report from the Planning Advisory Committee under item 16 on the agenda of this date, the other from the Saint John Port Corporation regarding Canada Day fireworks, which was the subject of a letter from the Canada Day Committee for Saint John on the agenda of this meeting under item 21. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the above- mentioned letters be added to the agenda for consideration at this meeting under items 16 and 21, respectively. Question being taken, the motion was carried. 87-2 COMMON COUNCIL APRIL 27,1998 Mayor McAlary noted the current filming of the movie "In Self Defense" on the 8th floor of the City Hall building; and, having proclaimed May 1998 as Salvation Army Month in the City of Saint John, recognized Captain Harold Bungay of the Salvation Army who addressed Council concerning the 1998 Red Shield Campaign. Mayor McAlary advised that the mulch resulting from the Parks Division's chipping of brush and tree limbs from the ice storm was piled at Fisher Lakes and available for citizens to pick-up on Saturday, May 9 at which time members of the Salvation Army would be accepting donations in return for the mulch. The Mayor noted the opening of the Rocmaura Nursing Home's Alzheimer Unit earlier this date. 4. Red Rose Tea Building Amendment To Option AQreement Read a report from the City Manager recommending an amendment to extend the Option Agreement pertaining to the Red Rose Tea Building for the reason that the Developers have maintained that, in order to proceed, they must presell nine of the twelve units and they have confirmed sales of six units with inquiries pending on all of those remaining. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council amend Article 1 of the Option Agreement pertaining to the Red Rose Tea Building, such that it shall read: "The Option is exercisable by the Developer until, but not after, 4:30 p.m. (A DT) on July 31, 1998, provided that prior to exercising: (A) the Developer has, at its own expense, in hand and approved by the City, a Development Plan consisting of conceptual plans and a construction schedule which shall provide for the development of Parcel 1. The Development Plan must conform to all municipal by-laws, building codes, and any other regulatory approvals required to proceed with the Development Plan; (B) the Developer has, in hand, the financing necessary to complete the Development Plan. (In the event that financing is not, in hand, the sum of $5,000 paid hereunder shall be forfeited by the Developer); (C) the Developer has, in hand, a Certificate of Appropriateness issued by the Preservation Review Board of the City of Saint John; and (D) the Developer has, in hand, such amendments to the Municipal Plan and Zoning By-Law of the City as are necessary for the Development Plan.". Question being taken, the motion was carried. 5. Notice Of Motion Capital FinancinQ Read a report from the City Manager submitting a Notice of Motion as the first step in the permanent financing of certain capital projects and for which, at this stage, it is not necessary to set limits with respect to the coupon rate or the terms for which bonds are to be issued as these will be established at a later date and will be related to market conditions at that time. Her Worship the Mayor gave the following Notice of Motion: "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following motion, namely: RESOLVED that occasion having arisen in the public interest of the following public civic works and needed civic improvements, that is to say: GENERAL FUND: General Government Protective Services Transportation Services Environmental Health Environmental Development $ 541,624 702,865 3,263,672 281,896 1,325,440 87-3 COMMON COUNCIL APRIL 27,1998 Recreation and Culture Public Transit 1,179,503 815,000 $8,110,000 WATER & SEWERAGE UTILITY Water System Sewer System $1,894,111 1,885,889 $ 3,780,000 $11,890,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $11,890,000.". On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. 6. Tender For Painting Steel Structures Stu Hurlev And Charles Gorman Arenas On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Supreme Painting and Decorating, Saint John, in the amount of $44,500, tax included, be accepted for the scraping and painting of the steel structures of both the Stu Hurley and Charles Gorman Arenas. Question being taken, the motion was carried. 7. Tender For Water Materials On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the tender of McLennan Sales Ltd., to the total cost of $212,751.82 (plus tax), be accepted for the supply of water materials. Question being taken, the motion was carried. 8. Tender For Safety Work Boots On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender submitted by Green-Lee Shoe Ltd., as indicated in the submitted summary of bids, be accepted for the establishment of a supply agreement for the provision of safety work boots for a period of 2 years from the date of award by Council. Question being taken, the motion was carried. 87-4 COMMON COUNCIL APRIL 27,1998 9. Tender For Compressor Replacement Stu Hurlev Arena On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the tender of Electrical & Refrigeration Ltd., in the amount of $27,443.63 (plus tax), be accepted for the supply and installation of a new compressor at the Stu Hurley Arena. Question being taken, the motion was carried. 10. Tender For Personal Computers On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the tender of Microage/Future Tech Ltd., at the unit prices as contained in the submitted summary of bids, be accepted for the establishment of a supply agreement for the provision of personal computers, peripherals and software for a period of 12 months, with an option for the City to review after 6 months. Question being taken, the motion was carried. 11. Supplv of Software Products On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the City of Saint John purchase 210 sets of Microsoft Office Suite of Products from the Province of New Brunswick standing offer with MIT Ltd., Saint John, in the amount of $138,406.72 (plus tax). Question being taken, the motion was carried. 12. Quieting Of Titles Application Estate Of Alice Lombardo 182 BridQe Street Consideration was given to a report from the City Solicitor advising that a portion of the land subject to the Application of the Estate of Alice Lombardo to quiet the title to lands known by civic address 182 Bridge Street, Saint John, N.B., is actually part of Victoria Street, a public street within the City of Saint John, and the solicitor for the Applicant has agreed that his Application to quiet the title should be amended and the property described in the Application should be amended to save and except that portion as described herein. The report also advises that, because the deadline for filing a claim opposing the quieting of title was April 22 and because the solicitor for the applicant has agreed to amend his application, the City Solicitor directed that a Consent Order be signed on behalf of the City; and submits a copy of the Consent Order signed on behalf of the applicant and the City; and a resolution ratifying the action which is required to protect the City's interest. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that Common Council hereby ratifies and confirms the Consent Order signed on behalf of the City of Saint John on the 23rd day of April, 1998 in the matter of an application under the Quieting of Title Act filed by the Estate of Alice Lombardo, to quiet the title to lands known by the civic address 182 Bridge Street, Saint John, N.B. Question being taken, the motion was carried. 87-5 COMMON COUNCIL APRIL 27,1998 13. Appointment To Saint John Non-Profit HousinQ Inc. Consideration was given to a letter from the Common Clerk referring to Council, on February 23, receiving and filing a letter from The Rotary Club of Saint John, N.B. advising of its approval of the appointment of Ms. Lisa Keenan as the second Rotary representative on the Board of Directors of Saint John Non-Profit Housing Inc. to replace Roy Murphy; and advising that, as Common Council is responsible for the appointment of directors to Saint John Non-Profit Housing, a resolution is in order to appoint Lisa Keenan. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that Lisa Keenan be appointed to the Board of Directors of Saint John Non-Profit Housing Inc., effective February 23, 1998, for a term to expire December 31, 1999, being the unexpired term of Roy Murphy. Question being taken, the motion was carried. 14. 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, April 20, 1998, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould, Knibb, Trites, and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, (1) Common Council decline the offer as presented by the Saint John Real Estate Board for the purchase of property located on Boars Head Road at Millidge Avenue (NBGIC Number 55115042); (2) Common Council accept the offer of purchase as presented by Stephen Halsall and authorize the sale of a 1.4-acre parcel of land located on Boars Head Road at Millidge Avenue (NBGIC Number 55115042) to Stephen Halsall for the purchase price of $40,250 plus HST; (3) the sale to Stephen Halsall be subject to the reservation of any easement(s) for municipal services (that may be required) prior to sale; (4) the closing date be on or before June 15, 1998; (5) the Mayor and Common Clerk be authorized to execute the necessary documents and plans; (6) assent be given to any required municipal service easements; and (7) upon the successful completion of this sale, a commission in the amount of $3,200 plus HST be paid to Realty World-Today's Realty. 2. That Council approve a one-step salary increase for City Solicitor John Nugent effective as of June 1997. 3. That as recommended by the City Manager, (1) Council instruct staff to prepare an amendment to the Flood Risk Area By-Law which would allow the Building Inspector to accept a sum of money from a developer in lieu of requiring compensatory storage, when such storage is not practical or possible; (2) staff review the entire maintenance program, including the condition of the catch basins and storm sewers, submit a report to Council on same, and prepare a budget to address the associated costs; (3) Council authorize the engaging of a consultant to design and locate a floodway in the Glen Falls area; (4) staff initiate discussions on the acquisition of land in the Glen Falls area for the purposes of a floodway; (5) Council authorize the engaging of a consultant to review the present capacity of Mystery Lake to examine the possibility of lowering the head pond elevation and constructing a control mechanism and provide a cost benefit analysis of the work; (6) staff submit a 5-year capital program to: (a) reconstruct the Simpson Drive culvert; (b) widen the channel between 87-6 COMMON COUNCIL APRIL 27,1998 the Three Mile House and the Glen Road; and (c) widen the channel between the Three Mile House and Strescon; (7) staff contact CNR in regard to the replacement of the crossing at Rothesay Avenue at the One Mile House with a clear span; (8) Council authorize the engaging of a consultant to fully cost the construction and installation of pumps at the Causeway, and determine the cost benefit analysis of such an operation; and (9) staff investigate the physical condition and flow characteristics of Marsh Creek at Rothesay Avenue and the Three Mile House and to consider the replacement of the structure in the future. April 27, 1998, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 14.1. Offer Of Purchase Boars Head Road Property On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 14.2. Salary Increase City Solicitor On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 14.3. Flood Risk Area By-Law Amendment And Action Re Flood Risk Area On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that section 3 of the above report be adopted. Mr. Edwards addressed the individual sections of the above recommendation during which time he made the observation that he would not want to give the impression that, if the City were to proceed with all of the recommendation, there would never be a flood in Glen Falls again as he was fairly certain that there would be; however, it was anticipated that the frequency of the two or maybe three flood occurrences in the last few years could be reduced so that flooding would be something in the order of one in every five or one in every ten years. Councillor Vincent spoke against the motion on the basis of his view that section (1) of the above recommendation would be completely and diametrically opposed to the Glen Falls flood reduction program and that this should be the last issue if, in fact, the other seven issues indeed worked; and also his view that taking certain steps to correct problems that have been allowed to develop and increase over the years have not helped matters, as well as his concern that Council was not aware of the cost, timing and whether or not the situation would be corrected by the proposed action. Question being taken, the motion was carried with Councillors Gould and Vincent voting "nay". The Mayor asked Council's consideration of items 22 and 23 prior to recessing. 87-7 COMMON COUNCIL APRIL 27,1998 22. Cherry Brook Zoo Inc. Follow-Up Re StrateQic Plan Consideration was given to a letter from John S. Mackay, Chairman of the Board of Trustees of Cherry Brook Zoo Inc., asking to appear before Council as a follow-up to the submission to Council on Tuesday, April 14, of the Zoo's new Strategic Plan. Mr. Mackay, in offering to respond to questions on the Zoo's Strategic Plan, outlined the Strategy's essential features, its four objectives being conservation, education, research and enjoyment; and advised that the purpose of his presentation was to (1) keep Council informed as a major grantor and to ask Council's moral support, (2) remind Council that, in considering the annual operating grant as part of the regular budget exercise, the Zoo was committed to eliminating its expense to the City but for the moment it was essential to the Zoo's survival, and ask that Council not abandon the Zoo in a critical juncture of its history, and (3) ask Council to assist the Zoo in a timely manner by making available the required space for the Zoo's plans, specifically the land adjacent to the Zoo east of the Rockwood Park nature trail. In the latter regard, Mr. Mackay advised of the uncomfortable situation the Zoo was in not owning the land it occupied, nor even being sure who owned it, with the Zoo having over a million dollars worth of assets on land it did not own, thus it was essential, before undertaking the expansion envisioned, to obtain legal title to the Zoo's present space, as well as the space requested. Eileen Travis, speaking on behalf of the Cherry Brook Zoo, commented on the Zoo's accomplishments, including an aboriginal herb and medicine garden, as well as on what Rockwood Park has to offer; and asked Council to have vision and to read the Zoo's Strategic Plan. Linda Collrin addressed Council on the new direction on which the Cherry Brook was about to embark, it being unique and visionary, as well as on the Zoo's background, having been recognized by the Canadian Association of Zoological Parks and Aquariums as one of only twenty-two facilities accredited across Canada. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the presentation on behalf of the Cherry Brook Zoo with regard to the Zoo's Strategic Plan be referred to the City Manager and the City Solicitor to look into the land issue. Question being taken, the motion was carried. 23. Barbara Munroe - Extension Of Water Services. RaQQed Point Road Consideration was given to a letter from Barbara Munroe further to her letters considered by Council on March 16 and April 14 regarding the extension of water services down Ragged Point Road, as well as to the City Manager's report to Council on April 6 regarding major water projects. Barbara Munroe of 469 Ragged Point Road, in addressing Council on the matter of water services to Ragged Point Road, referred to her first letter to Council in March 1996, her subsequent presentations and letters to Council, and meetings in this regard, including one on April 17 with City staff Paul Groody, Murray Jamer and Eric Giffin who said they would look into an interim solution that may be of help to her and her neighbours; and expressed the view that the long-term solution was to extend City water the length of Ragged Point Road. Mrs. Munroe noted her previous request for a tap to be put back in, as it was for many years, at the end of the water line where residents could fill their jugs; and suggested that, as it would be too costly for the residents to buy all the water needed, perhaps they could pay City water taxes and the City could pay for their purchase of water. Mrs. Munroe also noted a question in her March 10, 1998 letter about the difference in cost and cost effectiveness of the extension down Duck Cove Lane, as well as the intent to provide Seawood Lane with 87-8 COMMON COUNCIL APRIL 27,1998 water and sewerage services; and asked why Seawood Lane, being a road much like Ragged Point Road although only half the distance with twenty houses, would be cost effective when Ragged Point was not. Mrs. Munroe, referring to a previous cost estimate for water to the Ragged Point Road which included $63,000 for an extension to a Church, asked how $63,000 could be considered cost effective for one building to be used one day a week. Mrs. Munroe suggested that she should not be discriminated against because she lived in an established residential area, not a subdivision, and not near the Western Beaches, and asked why her area was different from the areas mentioned previously. During discussion Mr. Groody advised that a report would be submitted to Council at its next meeting with cost figures in the above regard. On motion of Councillor Brown Seconded by Councillor Ball RESOLVED that, further to the presentation of Barbara Munroe regarding the extension of water service on Ragged Point Road, Council consider for the 1999 budget the provision of water service to this area. Question being taken, the motion was carried. 24. Walter Peterson - Extension Of Water Services. 230 CottaQe Road Consideration was given to a letter from Walter Peterson referring to the City Manager's report to Council on April 6 regarding the extension of the water services to the Cottage Road area; and requesting to appear before Council to speak on this issue. Mr. Peterson of 230 Cottage Road addressed Council in the above regard, noting the approval in October 1981 of a gas bar in Martinon and the effect of a gas leak in 1985 on six property owners in the area, and the ongoing problem in this regard. Mr. Peterson questioned the approval in 1998 of a light industrial zone in the area of Cottage Road and Old Black River Road, a groundwater residential area, and asked where the development agreement was in this regard; and expressed the view that the dimensions of the lot concerned could not satisfy the requirements of the Health Act. Mr. Peterson asked Council for its support of his request to have City water supplied to his home. On motion of Councillor Trites Seconded by Councillor Arthurs RESOLVED that the presentation of Walter Peterson regarding the extension of water services to Cottage Road be referred to the City Manager for a report at the next meeting on the Department of Health's position. Question being taken, the motion was carried. Following a recess at 6:20 o'clock p.m., the Common Council meeting reconvened at 7:05 o'clock p.m., when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites and Waldschutz. Mayor McAlary commended ACAP Saint John's efforts in the Marsh Creek clean-up on April 25. 25(a) Zoning By-Law Amendment To Re-Zone 42 Clarendon Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 1860 square metres (20,022 square feet) of land situated at 42 Clarendon Street (NBGIC Number 380527), from "IL-1" Neighbourhood Institutional to "RM-1" Three-Storey Multiple Residential 87-9 COMMON COUNCIL APRIL 27,1998 classification, to allow for the renovation of the existing building into a five-unit apartment building, as requested by The Roman Catholic Diocese of Saint John, and no written objections were received in this regard. 25{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and two letters from area residents considered at the Committee's April 21 meeting at which Raymond Glennie of Patterson Palmer Hunt Murphy appeared on behalf of the applicant and, while he expressed general support for the staff report and recommendation, requested that the Committee only require the paving of the existing driveway and a portion of the proposed driveway leading to the new parking area; advising that, after considering the matter, the Committee adopted the staff recommendation with the requested amendment, and also granted the necessary variances relating to the construction of the required parking area; and recommending that Common Council re-zone approximately 1860 square meters (20,022 square feet) of land situated at 42 Clarendon Street, being at the intersection of Clarendon Street and Douglas Street, also identified as NBGIC Number 380527, from "IL-1" Neighbourhood Institutional to "RM-1" Three-Storey Multiple Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act that would: (a) require the existing driveway in front of the attached garage and the new driveway (for the proposed parking area) from the street parallel to the front facade of the attached garage to be paved; and (b) the work mentioned in clause (a) be completed within six (6) months from the issuance of the required building permit for the proposed apartment building. Raymond Glennie, lawyer for the applicant, appeared in support of the above proposal; noted the presence at the meeting of Bruce Bell, purchaser of the subject property; and expressed agreement with the staff recommendation, as well as the recommendation of the Planning Advisory Committee. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 1860 square meters (20,022 square feet) of land situated at 42 Clarendon Street (NBGIC Number 380527), being at the intersection of Clarendon Street and Douglas Street, from "IL-1" Neighbourhood Institutional to "RM-1" Three-Storey Multiple Residential classification, 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 approximately 1860 square meters (20,022 square feet) of land situated at 42 Clarendon Street (NBGIC Number 380527), being at the intersection of Clarendon Street and Douglas Street, from "IL-1" Neighbourhood Institutional to "RM-1" Three- Storey Multiple Residential classification, 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. 87-10 COMMON COUNCIL APRIL 27,1998 On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 26{a) Preservation Areas Bv-Law Amendment The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment of the Preservation Areas By-Law to clarify the procedure required for offering, listing and advertising for sale, as well as determining the fair market value of property within a Preservation Area which an owner wishes to demolish, and to make other changes of a housekeeping nature, as requested by the Preservation Review Board, and 26(b) letters of objection to the proposed amendment were received from Teebro Enterprises Ltd. and from Robert and Louise Cloutier. 26{c) Consideration was also given to a report from the City Manager advising that, further to the concerns expressed at the March 23 Council meeting when Common Council authorized advertisement and set the date for the public hearing of the above-proposed amendment to the Preservation Areas By-Law, the City Solicitor has prepared a report with respect to those items, following substantial discussion with the Heritage Development Officer, which recommends that the Preservation Review Board give further consideration to two items and, given the City Solicitor's recommendation, it would not be appropriate to proceed with the proposed amendment regarding the definition in Section 10) design to include signage located on the interior, or revisions under Section 12 Determination of Fair Market Value, and staff will continue to have discussions with the Legal Department to resolve these outstanding issues and provide a proposal for a satisfactory amendment; also advising that the City Solicitor has agreed that the other amendments could proceed, subject to the normal public hearing process; and recommending that (1) Common Council not proceed with the proposed amendments to Section 10) design to include signage located on the interior, and proposed amendments to Section 10 and 12 with respect to the determination of fair market value; and (2) Common Council proceed with the remaining amendments as submitted. 26{d) Consideration was also given to the above-mentioned report from the City Solicitor explaining two issues, from a legal perspective, with respect to the proposed treatment of a disagreement concerning the fair market value of a property within the Preservation Area where an owner is seeking permission to demolish a building, one relative to sections 10 and 12 in the existing By-Law and the other concerning the provision that effectively nullifies, for purposes of Section 12 of the By- Law, an offer to sell or listing agreement for a property within the Preservation Area; and, with respect to the concern about signage located on the inside of a building which was visible from the exterior and the proposal to amend the definition of "design" so as to add reference to such signage, expressing the view that this is improper as the term "design" is defined in the Municipal Heritage Preservation Act and a municipality cannot amend that definition by means of a by-law. Eric Teed, President of Teebro Enterprises Ltd. - owner of a building in the heritage area, appeared in opposition to the proposed amendments on the basis of his suggestion that, while the advertisement indicated that these were all of a housekeeping nature, the ad was misleading because the proposed changes were very fundamental, including the amendment with respect to preventing painting, thus the whole thing should be rejected and properly advertised with the real reasons. Mr. Teed also suggested that the idea of preventing or controlling any signage within a building, and saying it was a housekeeping amendment, was absolutely misleading; and conceded that, although reasons did not have to be put in, if there was an ad setting 87 -11 COMMON COUNCIL APRIL 27,1998 out the reasons, then they have to be valid reasons. Mr. Teed proposed that the entire By-Law amendment should be rejected and sent back to either give the real reasons or no reasons; and gave examples of instances when maintenance would not be a housekeeping matter. Mr. Teed put forth the suggestion that another problem existed with the complete failure to comply with the Act as the notice did not set forth the description of the area affected by the By-Law amendment and, as there were four separate preservation areas, the public did not know if the proposed amendment would apply to them all or to which; and expressed the view that this By-Law, basically, would take away the rights of a property owner as he could no longer deal with his property as he thinks proper and must comply. Mr. Teed asked that the By-Law be sent back and the proponents of it be asked to come back, in a proper forum, with proper reasons so at least the public will understand the effect. (Councillor Vincent re-entered the meeting during the above comments.) Councillor Waldschutz, a member of the Preservation Review Board, questioned Mr. Teed's view that the proposed amendment would represent a change in the substance, not merely housekeeping, of the By-Law. Louise Cloutier of 54 Orange Street spoke in opposition to the proposed amendments, her opinion being that, presently, there was insufficient input from property owners who were directly affected by this By-Law and a more balanced approach was necessary if the City core was to grow and develop. Ms. Cloutier suggested that there was a need for the property owners and the City to work together as equal partners, with equal voice, towards a common goal to preserve, restore and enhance the buildings and the community, and that this approach would lead to an improved knowledge and sensitivity on both sides and assist the Preservation Review Board in making enlightened decisions, not overlooking the fundamentals of preservation of present-day living conditions, service requirements, and contemporary expectations. Ms. Cloutier expressed the view that the By-Law could be improved, but not with the amendment being considered at this time. Ms. Cloutier responded to questions on issues, including her experience with property value in a heritage area, and with her application to the Board for window replacement and her subsequent successful appeal of the Board's decision in this matter. Phillip Huggard, Chairman of the Preservation Review Board, appeared in support of the proposed amendment; advised that Council's approval would not give absolute power to the Preservation Review Board, noting the appeal process in the event there was disagreement; and asked Council's approval of the By-Law amendment as it would conform with the original intent to preserve the built heritage of Saint John. Mr. Huggard responded to questions on portions of the proposed amendment; and, as to the communication process of the proposed amendments and input of people within the designated areas, advised that the Preservation Review Board did not have a consultation, or hearing, process such as this public hearing, nor was notification in the form of letters sent to people in the designated areas. In response to Mr. Huggard's confirmation that Planning staff prepared the proposed By- Law amendment which was approved by the Board. the suggestion was made that the legal question raised by Mr. Teed should be referred to the City Solicitor for examination, then back to the Preservation Review Board and staff to be readdressed, based on the legal interpretation given to it and having heard the comments made by Council and those people opposed to it, and brought back to Council forthwith or after further consultation. Mr. Huggard agreed with the suggestion and that public input would be very valuable. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the proposed amendment to the Preservation Areas By-Law be referred to the Preservation Review Board and to the City Solicitor for further input and review. 87-12 COMMON COUNCIL APRIL 27,1998 Mr. Baird confirmed that staff would have no objection to the above motion and, in fact has, in the past although not since the amendment in question had been proposed, had public discussions about, in essence, clarifying how the By-Law was applied and the situation at hand was one that many of the proposals involved were as a result of interpretations and discussions on previous applications, and advice as to how to amend the By-Law to make it more comprehensible and more fair, nor would staff have any objection to going back to the public and dealing with the individual homeowners. The mover and seconder of the proposed motion agreed to add to the motion a referral to the City Solicitor of Mr. Teed's legal question. Question being taken, the referral motion was carried with Councillor Waldschutz voting "nay". 27. Garry Prosser - City Drinking Water For Harbourview Subdivision Garry Prosser of 168 Harbourview Drive, in addressing Council regarding City drinking water for the Harbourview Subdivision, referred to his previously-submitted letter in this regard and the previous presentations at this meeting with respect to water services; and questioned why the City would consider as a high priority extending municipal water to the Harbourview Subdivision when, presently, residents of the Subdivision received their drinking water by means of wells owned and operated by the City and for which they paid water taxes just like all other residents of Saint John who were covered by municipal water from the normal sources of supply, and as well the residents liked their well water, were not aware of any problems, had no problem with quantity or quality, and the subdivision was built for expansion. The Mayor made the observation that Council had not dealt directly with the above issue, although it would be addressed through the water strategy and subsequently addressed by Council at which time there would probably be opportunity for public input. In response to Mr. Prosser's suggestion that City staff was being driven by the previous plebiscite on fluoridation in that the water at Harbourview Subdivision was not fluoridated and his indication that he would question the legality of the plebiscite if necessary in order to put a stop to this, Mr. Totten stated that he wanted to dispel any suggestion whatsoever that the issue of fluoride was driving this matter of extending services to Harbourview; and advised that the issue was that it seemed to staff to make sense, from a planning and resident perspective, taking into consideration the cost of taking water to residents and increased pressure rather than tanker service for fire protection; however, no course of action would be started without advising Council and letting Mr. Prosser know and he could certainly have input. 28. Saint John Youth And Lancaster Minor Hockev Re Fees For Arenas Don Wilband, appearing on behalf of the Minor Hockey Associations of Saint John and Lancaster, introduced John Skead and Ken Maillet of the Lancaster Association and Danny Kaye of the Saint John Association; and expressed concern about a possible increase in ice costs in that in the last few years they have risen eighty percent from $31 per hour in 1994 to the current $56.50, and about a proposal to decrease subsidized ice time by about forty percent next season which, based on eight hours per week per one hundred applications, would translate to giving the Association sixty hours per week from the current approximately one hundred hours per week, the latter based on a letter from Kevin Carson on February 6 to Stephen Galbraith, the Association's ice scheduler. Mr. Wilband compared the cost of hockey registration fees to baseball registration fees; and expressed the view that Council has an obligation to provide recreational facilities to youth at an affordable rate and not try to balance its budget on the backs of the youth in the community, and there was a definite economic spin off that Saint John enjoyed from the tournaments put on each year by Saint John and Lancaster. Mr. Wilband, referring to a media article on the subject of non-resident children using City arenas, made the observation that the boundaries for Saint John and Lancaster extended outside the City limits, as set by the New Brunswick Amateur Hockey Association, which determined the boundaries for the minor hockey associations within the Province, and many of the coaches and volunteers came from outside the City limits with their children. Mr. Wilband asked (1) Council for a commitment to provide enough ice at affordable rates to allow the operation of a 87-13 COMMON COUNCIL APRIL 27,1998 balanced program for the youth of the City; (2) to be advised of the long-term plan or vision, if one, for the rinks, such as privatization; (3) the one hundred plus hours of subsidized ice per week, now had, in order to operate. In response to the Mayor, Mr. Wilband expressed the desire to meet with City staff in order to have some decisions or commitments by June. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the presentation on behalf of the Minor Hockey Associations of Saint John and Lancaster be referred to the City Manager with a sympathetic view to the Saint John and Lancaster Minor Hockey and a report to Council. Mr. Butler advised that staff would welcome the opportunity to meet with Minor Hockey, noting that through the budget process he suggested two or three possibilities to increase rentals in the 1998-1998 season, one being a change in how the minor subsidy was applied in terms of registrants who lived outside the City, another being a possible increase of rental rates in City arenas by $5 per hour to adult groups which would be approximately $250 per hour for minor groups; and clarified that Mr. Carson's letter was with respect to a more strict adherence to the accepted standard of subsidization to eight hours per week for one hundred registrants which was the number used since the City operated arenas in 1975. Question being taken, the motion was carried. 15. Finance Committee - 1997 Financial Statements Of City Of Saint John (a) Operating Highlights; (b) General Fund; (c) Water And Sewerage Utility (d) SinkinQ. Reserve And Trust Funds Consideration was given to a letter from Councillor Fitzpatrick, Chairman of the Finance Committee, submitting the 1997 Financial Statements of the City of Saint John General Fund, Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds, as prepared by Ernst & Young, as well as comments on the operating highlights as prepared by the Finance Department. Mr. Beckett commented on the three sets of Statements before Council in terms of the Sinking, Reserve and Trust Funds being monies held by the City for special purposes and the importance of Council, when accepting monies to be held for special purposes, to be careful in defining what they were to be used for as they were held in perpetuity until used for that specific purpose; the Water and Sewerage Utility for which the principle revenue source was the revenue billings to customers of the Utility and the total revenue and recorded surplus for the year being just over $16 million and $52,458, respectively; and the General Fund, the year having ended with an $889,454 deficit, with the significant factors, both of a negative and positive nature, summarized in the submitted highlights of the 1997 General Fund. Mr. Beckett made the observation that the deficit would become the first charge against the City's revenues for the budget year 1999, the dual impact in terms of the 1999 budget being that there was a carry forward of a surplus of $330,000 in 1998 and there would be the carry forward of a deficit of $890,000 in 1999, so the budget year 1999 would start $1.219 million behind from where the City currently was. Mr. Beckett expressed the view that the City of Saint John ended the year with a very reasonable debt load, its debt service percentage sitting just over thirteen percent which was not an unreasonable figure in terms of guidelines given by the Municipal Finance Corporation, and being in the enviable position of having full funding of all of its major liabilities, such as vacation pay, compensatory pay, retirement allowances and Heart and Lung liabilities and, as well, the City has enjoyed a stable tax rate for the last ten or eleven years. Stephen Gallagher of Ernst & Young introduced Doug MacDonald, Audit Manager who, he advised, was very actively involved in managing the field work of the audit working closely with City Comptroller Greg Yeomans in finalizing the completion of the audit process; and, with respect to the audit process, advised that a draft 87-14 COMMON COUNCIL APRIL 27,1998 memorandum of recommendations regarding changes that Ernst & Young was recommending that the City look at was back with staff for comment and would evolve in due course and a copy would be forwarded to the Finance Committee of the newly- constituted Council. Mr. Gallagher also advised that the audit went well, with Ernst & Young having been given all of the information looked for and being satisfied that the Financial Statements presented fairly the financial position and the results of operations of the City's affairs for the last year. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the 1997 Financial Statements of the City of Saint John General Fund, the Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds, be adopted and filed. Mr. Gallagher, in response to a request for a comment on the reference to the debt service percentage of thirteen percent, confirmed that this percentage was within the range recommended by the Municipal body concerned and it would be fair to say that, in terms of future capital expenditures, those were areas that Council should be looking at in terms of whether it finances it out of operations or borrowings as, over a period of time, continued borrowing without reducing the debt in a similar like amount would lead to obviously increased debt load per capita which was something the City should be concerned about in the future. On the City's general financial status, Mr. Gallagher advised that few municipalities, in his experience, had full funding or full accrual for a lot of the expenses referred to by Mr. Beckett above, while the City of Saint John has consistently followed the process of accruing all of those costs, keeping them up to date and fully funded, which speaks well of the financial condition of the City; and concurred that the City of Saint John could consider itself to be in a reasonably good position particularly if it watched the financial expenditures and the debt reduction cost. Question being taken, the motion was carried. (Councillors Trites and Waldschutz withdrew from the meeting as they were not present for the March 30, 1998 public hearing for the proposed re-zoning of 111-113 McAllister Drive.) 16. Planning Advisory Committee Re-ZoninQ 111-113 McAllister Drive Consideration was given to a report from the Planning Advisory Committee regarding the proposed re-zoning of 111-113 McAllister Drive, which was the subject of a public hearing on March 30, 1998 with no decision made by Council pending receipt of the Committee's recommendation; and recommending that Common Council re-zone a parcel of land accommodating the first phase of the proposed development (including area for a future street right-of-way) located at 111-113 McAllister Drive, having a frontage of approximately 230 feet on McAllister Drive, a depth of approximately 300 feet, and an area of approximately 1.6 acres, also identified as a portion of NBGIC Number 307397, from "P" Park to "SC" Shopping Centre classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the site is limited to the proposed Phase 1 development, consisting of a restaurant and associated parking area, together with an area reserved for a future 66-foot street right-of-way adjacent to the Simonds Arena property; (b) the developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and facilitate proper drainage; (c) adequate site drainage facilities must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer; (d) access to the Phase 1 development from McAllister Drive is limited to the signalized intersection; (e) all utilities, including power and telephone, must be provided underground; (f) all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the developer, and the landscaping must extend onto the City street right-of-way to the edge of the City curb/sidewalk; (g) the site shall not be developed except in accordance with a detailed site plan and building elevation plan, prepared by the developer and subject to 87-15 COMMON COUNCIL APRIL 27,1998 the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above, and no building permit will be endorsed by the Development Officer (except site preparation and foundation) until the required site plan is approved, and such site plan will be attached to the building permit for the development; (h) all site improvements as shown on the approved site and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business, and landscaping must be completed within one year of building permit approval; and (i) the 66-foot-wide area adjacent to the Simonds Arena property must be developed as a public street by the Exhibition Association when commercial development occurs to the rear of the subject site, to the rear of the Simonds Arena property or on the land currently owned by the Exhibition Association on the opposite side of McAllister Drive. 17. Requests To Address Council Re Above (a) Jean Urquhart; (b) McAllister Drive Plaza Inc. And Exhibition Association Consideration was also given to letters from (a) Jean Urquhart; and (b) McAllister Drive Plaza Inc. and the Exhibition Association of the City and County of Saint John, requesting to address Council at this meeting with regard to the proposed re-zoning of 111-113 McAllister Drive. *17 Consideration was also given to a letter from McAllister Drive Plaza Inc. advising that Myles Martin was authorized to represent Michael Zakuta at this meeting. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the (a) letter from Jean Urquhart; and the (b) letters from McAllister Drive Plaza Inc. and the Exhibition Association of the City and County of Saint John, regarding the proposed re-zoning of 111-113 McAllister Drive -- be received and filed and Council respectfully decline the requests to speak further in this matter. Question being taken, the motion was carried. 16. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 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 accommodating the first phase of the proposed development (including area for a future street right-of-way) located at 111-113 McAllister Drive, having a frontage of approximately 230 feet on McAllister Drive, a depth of approximately 300 feet, and an area of approximately 1.6 acres, also identified as a portion of NBGIC Number 307397, from "P" Park to "SC" Shopping Centre classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Mr. Baird responded to Councillor Vincent's queries on matters, including access to and location of the restaurant, the impact on parking facilities for the Simonds Arena, and the issue of re-zoning to Shopping Centre rather than a General Business zone, the latter which Mr. Baird advised was basically because of the expected long- term development in the area which would lead to a larger-scale integrated development falling into the Shopping Centre category. Mr. Edwards responded to Councillor Gould's concern about development in the flood risk area and the necessary action to be taken to cope with this, and Councillor Gould advised that he could not support the motion on the basis that the proposed re-zoning should be delayed until the designs and reports from consulting engineers were brought forward at which stage the decision could be made on building on the subject property. 87-16 COMMON COUNCIL APRIL 27,1998 Question being taken, the motion was carried with Councillors Gould and Vincent voting "nay". 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 Fitzpatrick 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 accommodating the first phase of the proposed development (including area for a future street right-of-way) located at 111-113 McAllister Drive, having a frontage of approximately 230 feet on McAllister Drive, a depth of approximately 300 feet, and an area of approximately 1.6 acres, also identified as a portion of NBGIC Number 307397, from "P" Park to "SC" Shopping Centre classification, 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 with Councillors Gould and Vincent voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 18. Garry Prosser - Authority Of PlanninQ Advisorv Committee On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that the letter from Garry Prosser referring to the City Solicitor's report to Council on April 20 with respect to the authority of the Planning Advisory Committee; and suggesting that, as he understood Council's concern was with the Committee's authority on temporary use and/or variance, it would appear that legislation by the Province needs to be changed -- be received and filed and Mr. Prosser be thanked for his input. Question being taken, the motion was carried. 19. M.G. Teed Memorial School Appreciation To Fire, Water And SeweraQe & Works On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that the letter from the Enrichment Organizing Committee of the M.G. Teed Memorial School advising of its recent completion of six one-hour sessions at which time each child had the opportunity to explore a topic of interest in an Enrichment Cluster; and expressing appreciation to the City's Fire Department, the Water and Sewerage Division and the Works Division for sharing personnel with a group of children -- be received and filed. Question being taken, the motion was carried. 20. McAllister Drive Plaza Inc. Zoning By-Law Amendment Re- ZoninQ McAllister Drive Property On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 87 -17 COMMON COUNCIL APRIL 27,1998 RESOLVED that the application of McAllister Drive Plaza Inc. for the re-zoning of property on McAllister Drive 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, June 1, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried with Councillor Gould voting "nay". 21. Canada Day Committee For Saint John FundinQ For Fireworks Displav Consideration was given to a letter from the Canada Day Committee for Saint John requesting that the City of Saint John assist by contributing financially toward the purchase of fireworks. *21 Consideration was also given to a letter from the Saint John Port Corporation advising that the Board agreed to make a donation of $2,000 toward the fireworks display for July 1, and would like to suggest that the City of Saint John match this donation. Councillor Vincent proposed a motion, which was not seconded, to receive and file the above letters and thank the appropriate parties for their assistance so indicated. The Mayor suggested that there were two issues involved in this regard. On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Canada Day Committee for Saint John requesting that the City of Saint John assist by contributing financially toward the purchase of fireworks -- be received and filed. (Councillors Trites and Waldschutz re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from the Saint John Port Corporation advising of its financial contribution toward the purchase of fireworks for the July 1 fireworks display -- be received and filed and the Corporation be thanked for its generosity. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk