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2001-11-19_Minutes 88-752 COMMON COUNCIL NOVEMBER 19, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of November, A.D. 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Building and Inspection Services; S. Galbraith, Director of Works; D. Logan, Purchasing Agent; G. Tait, Fire Chief; A. Bodechon, Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and extended a welcome to members of the 8th St. James Scout troop who were working on their citizenship badge, as well as to Carole Keddy, MLA Saint John Champlain; and Herb Marr of the Saint John Seafarer's Mission offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on Tuesday, November 13, 2001, be approved. Question being taken, the motion was carried. * Added Item On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from the Greater Saint John Council of the Knights of Columbus (copies of which were distributed to Council members on this date) be added to the agenda of this meeting for consideration as item 7 A. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-Zone 842 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 842 Loch Lomond Road, having an area of approximately 9525 square metres, also identified as being a portion of NBGIC Number 313874, and being the site of Fire Station No.2, from "IL-2" Major Institutional and "RS-2" One and Two Family Suburban Residential to "US" Utility and Service classification, to place the proposed lot for Fire Station No.2 within a "US" Utility and Service zone category, as initiated by the City of Saint John, and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's November 14, 2001 meeting at which no presentations were made and, given the nature 88-753 COMMON COUNCIL NOVEMBER 19, 2001 of the application, no notification was provided to surrounding property owners; and recommending that Common Council re-zone a parcel of land located at 842 Loch Lomond Road, having an area of approximately 9525 square metres, also identified as being a portion of NBGIC Number 00313874, and being the site of Fire Station No.2, from "IL-2" Major Institutional and "RS-2" One and Two Family Suburban Residential to "US" Utility and Service classification. On motion of Deputy Mayor White Seconded by Councillor Desmond 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 located at 842 Loch Lomond Road, having an area of approximately 9525 square metres, also identified as being a portion of NBGIC Number 00313874, and being the site of Fire Station No.2, from "IL-2" Major Institutional and "RS-2" One and Two Family Suburban Residential to "US" Utility and Service classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-580 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Court 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 located at 842 Loch Lomond Road, having an area of approximately 9525 square metres, also identified as being a portion of NBGIC Number 00313874, and being the site of Fire Station No.2, from "IL-2" Major Institutional and "RS-2" One and Two Family Suburban Residential to "US" Utility and Service classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "By-law Number C.P. 100-580 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-law Amendment To Re-Zone 178 Thorne Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 178 Thorne Avenue (NBGIC Number 55113583), having an area of approximately 3300 square metres, from "1-2" Heavy Industrial to "AE" Adult Entertainment classification, to permit the establishment and operation of an adult entertainment facility within the existing building, as requested by Bricor One Inc., and 4{c) written objections were received in this regard. 4{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and letters in opposition to the proposal considered at the Committee's November 14, 2001 meeting at which a number of persons spoke in opposition to the proposal with concerns related to the nature of the proposed use, signage, safety and the proximity of the subject site to residential neighbourhoods, schools, churches and retail stores; and recommending that the requested re-zoning be denied. 88-754 COMMON COUNCIL NOVEMBER 19, 2001 Carole Keddy, MLA for Saint John Champlain, spoke in opposition to the proposed re-zoning on the basis that the type of business proposed was undesirable in an area of churches, schools, businesses and residences and one of the largest senior citizens' complexes not far away, as well as an area through which people walk to get Uptown, and asked Council to deny the re-zoning. Don Noble of 38 Edith Avenue expressed opposition to the proposed re- zoning, having chosen to live on Edith Avenue because it was a well-established, quiet residential neighbourhood, close to town, malls and schools with a wholesome appeal, and as a landlord providing a home to a young growing family; and expressed the view that adult entertainment was not an appropriate type of business at the subject location, one by which people drive to get groceries and to the Uptown and being far too close to a neighbourhood that contains schools, churches and quiet residential streets, as well as businesses which have activities outside of normal hours that would overlap the times when the adult entertainment business would be active, and also that employees and patrons of the facility would be living and travelling through the neighbourhood meaning that this type of lifestyle would be in the community twenty-four hours a day, seven days a week. Mr. Noble advised his concern about the effect of such a facility on property values and security, and noted businesses in the area that market themselves, at least in part, to families, women and children, and asked Council not to make the mistake of allowing this type of business to locate in or near the subject area. Holly Noble of 38 Edith Avenue spoke on behalf of people in her neighbourhood to whom she canvassed to make them aware of the proposal, and advised that, although it started out as a moral issue because of the children in the Bayside Middle School, she found that it was of concern to citizens who walk about their safety and traffic, and to people concerned about their property values. Ms. Noble commented on her experience as an employee in an Uptown tanning salon with clients from either Chez Cherie or Angie's who also live in the area, and asked Council to oppose the re-zoning. Fred Dickinson, representing the congregation of Edith Avenue United Baptist Church, appeared in opposition to the proposed re-zoning, noted the location of the Church of about one kilometre from the proposed facility; and expressed the view that the proposal should be rejected on the basis of (a) its proximity to schools, residences, churches and businesses, (b) its location on a main traffic artery, and (c) the recommendation of the Saint John Police Force. Mr. Dickinson elaborated on his view that the issue was not primarily a technical or legal issue but rather one of community values; and asked, in the public's interests and in keeping with the City's mission statement of seeking a quality of life for its citizens, Council to vote against the proposal for the sake of the community. Reverend Paul Rodey of the Park Avenue and Red Head United Churches spoke against the proposal, noting the operation of such establishments in an area not zoned "AE" and problems created by them, and expressed the view that the area being considered for re-zoning was not an appropriate site for such an establishment, Thorne Avenue being an example of one of the streets transformed, due to Council's vision, from one which was once an eyesore to an area with businesses that rely on a healthy, public image, businesses to which he would not feel comfortable taking his children if they were bordered by a strip bar. Mr. Rodey suggested that such a facility needed strict guidelines that did not interfere with the growth of a healthy community, and that the area proposed was not the right move for the residential area that bordered it; and asked Council to reject the staff recommendation and send staff back to the drafting board to try to come up with a recommendation that would not continue to be a political issue but a decision that would be seen by the City's citizens as one to which thought and consideration was given, and also that Council not let its vision and reputation be ruined by a hasty recommendation and to continue to have the best interests of the majority of the citizens in mind, as well as to promote the City of Saint John. Dr. Mark McKim, representing the Downtown Ministerial Association of which he was President, voiced his opposition to the proposed re-zoning, speaking to the experience of living and working in the Peninsula area of the City with the presence of two strip clubs in that they do not enhance the quality of life for people who live there, and on the basis that, while the Constitution and the Charter as interpreted by the courts indicate that such businesses have a right to operate, municipalities also have the right to enact by-laws and, as such, it was the responsibility of members of Council to care for 88-755 COMMON COUNCIL NOVEMBER 19, 2001 the peace, quiet and enjoyment of people who live in the community; and suggested that an appropriate location for such a business was never in nor on top of a residential district and, in the end, it was not the responsibility of Council nor the Planning Advisory Committee to come up with a good location but rather a responsibility of applicants to suggest a location and go through the process to find out if it was appropriate, and advised that, if it were a case of a proposal being brought forward for such an establishment to be placed in an industrial park or outside a residential district, he would probably not speak in favour of it but he would not oppose it on behalf of the Downtown Ministerial Association; and urged Council to accept the Planning Advisory Committee's recommendation and reject the application. David Lyttle, representing the House of David, a family hair care shop at 230 Thorne Avenue, expressed his opposition to the proposal due to a concern about people who walk in the area, particularly at night, and the problems with such an establishment in the Uptown area of the City. Donna Reardon, a Germain Street resident, spoke against the proposed re-zoning as in her view the adult entertainment facility around the corner from her has not enhanced the area, Prince William Street has lost a lot of businesses over the years, and, while strip clubs were the most benign of adult entertainment, the problem with putting such a facility in a neighbourhood was that the adult entertainment umbrella encompassed so many things that one never knew what was around the corner from one; and asked Council not to put such a facility in someone else's neighbourhood as she did not appreciate having one in hers. Ray Glennie, solicitor representing Loblaw Properties Limited - the owner of the Superstore property on Rothesay Avenue, was present at the meeting in opposition to the proposed re-zoning; and commented in terms of the Superstore development having resulted in a rejuvenation of the area, along with Staples' location on the Superstore site and the Brett Motors' substantial expansion, funded by private enterprise and representing significant tax revenue to the City. Mr. Glennie noted the location of Superstore directly across the street from 178 Thorne Avenue and, referring to statements in the Planning staff's report with respect to the criteria for assessing the suitability of a property to be zoned for an adult entertainment use and that this particular portion of the service corridor along Thorne Avenue contained no residential uses, schools, churches or family-oriented commercial uses, stated disagreement with City staff based on Loblaws' belief that it was a family-oriented business, having embraced the concept of such family-oriented attributes as meeting rooms for community organizations, women's fitness centres, family photography, clothing, cosmetics, etc., in other words, community- and family-oriented destinations, the majority of its customers, roughly seventy percent according to demographics, being women who shop with children, thus the concern that adult entertainment, directly across the street from the Superstore location, would offend its customers and possibly present a dangerous situation, particularly after business hours, and that such a location would be detrimental to its business. Mr. Glennie expressed the view that, in considering the criteria and the nature of immediately surrounding businesses identified by City staff, the location of adult entertainment near a Superstore was not an appropriate use and should not be permitted, and advised his client's objection, as a factor for consideration, to the suggestion in the Planning staff report that the re-zoning would be a possible solution to the situation that exists at 125 Prince William Street, as the application must be considered on its own merit without consideration to what was happening on Prince William Street, the sole issue being whether or not 178 Thorne Avenue was an appropriate location for adult entertainment which, in his view, it was definitely not; and expressed agreement with the Planning Advisory Committee's recommendation. Barry Zwicker, a professional planner, spoke against the re-zoning in terms of the impact it would have on his client, Loblaw Properties, referring to a series of photographs (copies of which were distributed to Council members at this time) to illustrate the location of Superstore and its main signage in relation to the subject property in that the proximity of the entrance was an important aspect to his client as people use the Thorne Avenue entrance to the Superstore site quite heavily to enter and leave the site, as was the issue of separation distance as applicable or suitable to the kind of use proposed in that the separation range, in equivalent zoning by-laws within Atlantic Canada, was more in the range of 500 metres versus 90 or 150 metres and they talked specifically about separation from schools, institutions and property lines; and noted that the re-zoning would also bring with it the potential for massage parlours and adult book and video stores as permitted uses within the "AE" zone, with nothing having 88-756 COMMON COUNCIL NOVEMBER 19, 2001 been put forward that would restrict the extent to which the adult entertainment use could be placed in the building which now has four different businesses. Mr. Zwicker expressed concern about the negative impact of the proposed use on a family-oriented business; addressed the issue of regulation versus prohibition based on Council's process of having established an "AE" zone and criteria and reviewing on an application- by-application basis as being regulation, not prohibition, in the truest sense of how municipalities were supposed to work; and expressed the opinion that the application did not meet the test in terms of being appropriate for the neighbourhood in view of the impact it would have on the adjoining community, in particular the business community and his client. Jim Stephenson, Vice President of Real Estate for Loblaw Properties, voiced his opposition to the proposed re-zoning, having chosen the Superstore site on Rothesay Avenue at a time when it was the busiest street in Saint John and Thorne Avenue was the second busiest site, Planning staff found it appropriate as a catalyst to rejuvenate what was a run-down area, and adult entertainment uses were not permitted in the zones around the Superstore site; advised of a concern about safety with an estimated 30,000 people on an average week going through the Superstore property and the Company's duty to provide a safe working environment for its employees, and asked Council to exercise common sense, and to turn down the amendment thereby protecting the Company's employees and business. Karen Thompson, Director of the Fundy Crisis Pregnancy Centre, appearing in opposition to the proposed re-zoning, spoke to the need to examine factors that could lead teens to be sexually active, and the message given by adult entertainment facilities to girls; and asked Council to look beyond teen pregnancies themselves and address one issue in society that could lead teens to be sexually active and decline the request for re-zoning. Lorne Brett of Brett Chev Olds on Rothesay Avenue addressed Council in opposition to the proposal, and advised that he would be very disheartened to see an activity like that proposed coming close to his business, having recently made a very large investment in it and not wanting to see such a guaranteed degradation of the area take place; and suggested that, having seen areas with a similar activity in other communities across the country, nothing has been gained by this activity in a community. Dave Hachey, General Manager of the Staples store on Rothesay Avenue, appeared in opposition and advised that he wanted to go on record as one who considered his store to be family-oriented, spending a lot of time there himself and having a lot of young people working for him, and he did not want the proposed facility in the area. Paul Arsenault, lawyer for the applicant, advised that his support and his submission with regard to the proposed re-zoning was on the basis of Planning staff's support and indication that, in analyzing the area and the site particularly, it followed the minimum separation rules as set out in the by-law itself, so it appeared to be within the confines of the by-law that Council had seen fit to issue in terms of granting applications of adult entertainment; and acknowledged that, as heard at this meeting, while certain aspects of adult entertainment did not impress a lot of people, there was obviously a market for this type of entertainment because otherwise such facilities would not exist. Mr. Arsenault referenced the operation of strip clubs in other areas of the country in that, the morality issue apart, it was a Charter right that a person could commence a business as long as he stayed within the confines of the law and operated the business lawfully; and suggested that Council, in its wisdom in view of the fact that these types of establishments were getting to be more and more popular and more frequented in the Province of New Brunswick, established an adult entertainment zone in order to control and regulate these types of establishments. Mr. Arsenault commented on the issue of prohibition as opposed to legislation, the law, as part of several court cases, being that city councils have the right to regulate but not the right to prohibit outright a particular type of entertainment, whether or not it was on morality grounds; noted that the Commissioner of Planning and Development in his report to the Planning Advisory Committee recommended the re-zoning of the subject property; and asked Council to use its common sense and fairness in that, if there were ever an area for this type of business, it should be centered in the area supported by the Commissioner. 88-757 COMMON COUNCIL NOVEMBER 19, 2001 In response to questions, Mr. Arsenault advised that, although nothing was specific at this point in time as negotiations were not completed, it was his understanding that it was the intent to have adult entertainment as permitted under the Zoning By-law, including strippers, dancers and nude dancing and, from a signage point of view, the applicant would abide by the rules that existed today and, as mentioned in the Planning staff report, signage would be very small, unless an application were made for a variance; and also advised that negotiations were not advanced to the point of having chosen a name for the establishment. On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, the request of Bricor One Inc. for the re-zoning of 178 Thorne Avenue be denied. During discussion Mr. Nugent spoke to the purpose of this public hearing as being to allow Council to assess whether or not from a land use perspective the community's interests would be better served by approving the application to re-zone the subject site to the "AE" designation or whether the interests of the community would be better served by rejecting the application and not re-zoning the site to the "AE" designation, being especially attentive to the realization that, if Council made its decision based essentially or predominately on moral grounds, then it would be making it on a basis that could give rise to a successful challenge to that decision and, although the moral component in Council's reasoning was legitimate insofar as it was a perspective based upon a bonafide view, it could not be the predominate purpose or motive for making the decision. Question being taken, the motion was carried. On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 6. Fundv ReQion Solid Waste Commission - 2002 BudQet The Mayor asked for a motion to table the Fundy Region Solid Waste Commission's 2002 budget proposal until the December 3, 2001 Council meeting at which the Commission would be prepared to address not only the budget but Council's questions on the 2001 budget as well. On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that the above matter be laid on the table until the December 3, 2001 Council meeting. Question being taken, the tabling motion was carried. (Councillor Chase withdrew from the meeting.) 5. Uptown Saint John Inc. - 2002 BudQet Consideration was given to a letter from Margaret M. Campbell, General Manager of Uptown Saint John Inc., submitting the Uptown Saint John Inc. 2002 budget presentation as approved by the Board of Directors and Uptown Saint John Inc. membership as of November 1, 2001 as per By-law 6.3. Mike McGraw, President, Margaret Campbell, General Manager, and several members of the Board of Directors of Uptown Saint John Inc., were present at the meeting in the above regard. 88-758 COMMON COUNCIL NOVEMBER 19, 2001 The Mayor, noting that the Council members had not been provided with a readable copy of Uptown Saint John Inc.'s 2002 budget proposal, asked if Uptown Saint John Inc. could provide copies of it at this time as it would be necessary for Council to have it in order to authorize its advertising at this meeting, and Mr. McGraw indicated that it could be delivered to the City on the morning of November 20. Mr. McGraw, through a computer-aided presentation, commented briefly on Uptown Saint John Inc.'s history and role as a voice or representative of the Uptown members who pay levies to it, and advised the manner in which Uptown Saint John Inc. would refocus its role now and into the future, having met with a number of its members, completed a survey and had requests from several Council members for things to be done in the Uptown area, and in light of what was happening with waterfront development and the economic impact from it; and expressed the view that, while this economic impact would be directly related to Uptown Saint John and it was not within Uptown Saint John Inc.'s mandate to develop the Uptown area, it was very important for Uptown Saint John Inc. to deal with the overall impact of Uptown Saint John not just on a marketing standpoint. Mr. McGraw advised of action taken by Uptown Saint John Inc. to position and rejuvenate itself to be ready for the challenge to be faced in the future of economic development for Uptown Saint John through focusing on growth, livability, marketing and communication, with its new mission statement combined with a new committee structure to coincide with its goals and objectives in these four areas; and reviewed issues identified in a 2001 membership survey, as well as the 2002 priorities for Uptown development and membership communication and, in presenting the proposed 2002 budget, noted the proposed four cent increase in the business improvement levy, and compared Saint John's levy with those of other business improvement areas in the Province. Ms. Campbell reviewed Uptown Saint John Inc.'s partnerships with other organizations in the City, as well as its 2002 priorities with respect to marketing Uptown and urban design - public places. (Councillor Chase re-entered the meeting during the above presentation.) Mr. McGraw responded to questions in the above regard during which time Councillor Trites, on a point of order, questioned the direction of the discussion in that Council was being asked at this meeting to advertise Uptown Saint John Inc.'s proposed 2002 budget and it seemed to him that what Council was doing at this time should wait until the budget was advertised and before Council for consideration of a by- law amendment. The Mayor noted that Mr. McGraw indicated at the beginning of his presentation that he wanted to do two things - to advise Council on what Uptown Saint John Inc. was all about and what it does and also on its budget. In response to Councillor Trites' question on the framework for advertising the budget prior to Council's consideration of an amendment to the Business Improvement Levy By-law, the Mayor referenced the waiting period for written objections following the advertising of the budget, and Mrs. Munford noted that the timeframe would extend into January. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the above matter be laid on the table pending receipt of Uptown Saint John Inc.'s 2002 budget proposal. Question being taken, the tabling motion was carried. 7. Proclamations Mayor McAlary proclaimed Tuesday, November 20, 2001 as National Child Day in the City of Saint John. *7A. KniQhts Of Columbus - Nativitv Scene In KinQ's Square On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that Council grant permission for the Greater Saint John Council of the Knights of Columbus to place a nativity scene in King's Square on December 10,2001, to be removed on January 7,2002. Question being taken, the motion was carried. 88-759 COMMON COUNCIL NOVEMBER 19, 2001 8. Preservation Of CurbinQ & Cobblestone (Councillor Fitzgerald withdrew from the meeting.) On motion of Councillor Teed Seconded by Councillor Chase RESOLVED that the letter from Councillor Teed regarding the issue of refurbishing streets in the urban core of the City, particularly in the Uptown and heritage area, in that one of the unusual features of Saint John is the granite curbing, his suggestion being that the removal of such curbing to repair the streets will destruct the heritage area; expressing the view that a survey should be made as to how the stock of granite quarry blocks, which he understands the City has, could be utilized as has been done in some of the streets and in King's Square and the Loyalist Plaza, and proposing that the continued use of granite curbing and cobblestones be referred to the Heritage Preservation Committee for review and recommendations, be referred to the Preservation Review Board for review and recommendations. The Mayor asked if it were the intent for the above matter to be referred to the Preservation Review Board to which Councillor Teed indicated in the affirmative. Question being taken, the motion was carried with Councillor Desmond voting "nay". (Councillor Fitzgerald re-entered the meeting.) 9. Saint John City Tree Fund Councillor Teed proposed a motion to refer his letter on the Saint John City tree fund to the City Manager, whereupon the Mayor suggested that it should be referred to the Environment Committee as it was preparing the terms of reference and looking after the fund. On motion of Councillor Teed Seconded by Councillor Ball RESOLVED that the letter from Councillor Teed expressing the view that it was unfortunate that there were no terms of reference for the Saint John City tree fund, and proposing that this matter be referred to the City Manager to report the terms and conditions of the Fund, including how monies are to be placed in it, when they can be taken out, and under what authority, be referred to the Environment Committee. Question being taken, the motion was carried. 10. South End CompostinQ On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that the letter from Councillor Chase congratulating the South End community for diverting 7.5 tonnes of waste, representing a diversion of 22 per cent, from the landfill on its first attempt to compost, and reminding the residents to put their carts at the curb and to refrain from putting other garbage out on the next compost pickup day which is Wednesday, be received and filed. Question being taken, the motion was carried. 11. Assent To Municipal Services Easement 380-390 City Road (Marco Polo BridQe Area) On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council assent to the submitted photo-reduced consolidating 88-760 COMMON COUNCIL NOVEMBER 19, 2001 subdivision plan of 380-390 City Road, and to any required municipal services easements. Question being taken, the motion was carried. 12. Proposal For Water Meter TestinQ & Calibration On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Council accept the proposal submitted by Scotia Tech for the on-site testing and calibration for up to one hundred large cold water meters, as per the prices and conditions contained in the proposal call. Question being taken, the motion was carried. 13. Tender For Tires And Tubes On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, the tender for the establishment of a supply agreement for the provision of tires and tubes, for the period of one year from this date, be awarded to the lowest tenderer in each case, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 14. Coleson Cove Refurbishment Consideration was given to a report from the City Manager commenting on the Coleson Cove refurbishment proposal by NB Power for the conversion to orimulsion fuel, as well as on the two review processes going on with respect to this project, namely, the Public Utilities Board (PUB) process and the Environmental Impact Assessment (EIA) process; referring to the Environment Committee's letter on the agenda of this meeting in this regard; and setting out a recommendation for Council's consideration. On motion of Councillor Teed Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the City convey to the Public Utilities Board that, as part of the PUB interrogatory process, NB Power be requested to develop and present "full options" for natural gas parallel to the current top three options and prepare a user cost comparison in order to ensure that the natural gas option is thoroughly assessed. The Mayor noted the intent for NB Power to make a presentation in this regard further to Council's request of June 4, 2001, and suggested the possibility of it being scheduled for the December 3, 2001 Council meeting. Question being taken, the motion was carried. The Mayor asked that the Environment Committee's report on the Coleson Cove refurbishment, under agenda item 18, be brought forward at this time and referred to the City Manager. 18. Environment Committee - Coleson Cove Refurbishment Consideration was given to a letter from the Environment Committee providing an overview on the Coleson Cove refurbishment proposal for the conversion to orimulsion fuel under the following points: load forecast, screening of power supply options, natural gas screened out, the top three options, fuel delivery option and other issues with respect to the orimulsion proposal, integrated resource plan and sensitivity analysis, and environmental emissions; setting out reasons the Committee believes for NB Power not having considered more fully the natural gas option for the long term; and 88-761 COMMON COUNCIL NOVEMBER 19, 2001 recommending that, as part of the Public Utility Board interrogatory process, the following be requested: (1) that NB Power develop "full options" for natural gas and show it fully compared parallel to the three top options throughout the analysis; and (2) that NB Power prepare a user cost comparison that can be understood by the typical citizen (how much difference on my typical residential and/or industrial monthly electric bill) for natural gas vs. orimulsion over the span of the project, both for the situations where emissions trading is allowed and, if it is not, and future emissions reductions have to been met. On motion of Councillor Fitzgerald Seconded by Deputy Mayor White RESOLVED that the above report from the Environment Committee be referred to the City Manager. Question being taken, the motion was carried. 15. Planning Advisory Committee Subdivision 26 Lakewood Avenue On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that as recommended by the Planning Advisory Committee, Common Council accept a payment of money-in-lieu of land for public purposes with respect to the submitted Golden Huxtable Subdivision located at 26 Lakewood Avenue. Question being taken, the motion was carried. 16. Planning Advisory Committee - Re-Zoning Of Nine Properties AlonQ Martha Avenue Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report regarding the application of Kent Homes (Eastcan Trading) for variances for 554 Martha Avenue to allow the placement of a modular home on the lot that is lower and smaller than the standards of the Zoning By- law permit; advising that the Committee granted a variance for a reduced height but denied a variance to permit a dwelling having a reduced ground floor area (foundation size); referring to the recommendation in the submitted report to re-zone a number of properties along the east side of Martha Avenue that are currently zoned "RM-1" Three Storey Multiple Residential and which have been developed with one and two family dwellings, as a "housekeeping" measure to reflect the existing pattern of development for these properties; and recommending that Common Council initiate the process of re- zoning the properties in question. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council (a) initiate the process of re-zoning those properties known as civic numbers 554,558, 562-564, 566, 570, 574, 578 and portions of 582 and 586 Martha Avenue, also identified as NBGIC Numbers 55066344, 55066351,55066369,55066377, 55066385, 55066393, 55066401 and portions of 55057897 and 55066419, from "RM-1" Three Storey Multiple Residential to "R-2" One and Two Family Residential classification; (b) refer the proposed re-zoning to the Planning Advisory Committee for a report and recommendation; and (c) authorize the necessary advertising in this regard, with the public hearing to be held on Monday, January 7,2002. Question being taken, the motion was carried. 88-762 COMMON COUNCIL NOVEMBER 19, 2001 17. Planning Advisory Committee - Street VestinQ - Portion Of Somerset Street On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to a subdivision plan, similar to the submitted diagram, that identifies an approximate area of 5530 square metres (59,526 square feet or 1.4 acres) to be vested into the Somerset Street public right-of- way, as well as to any necessary municipal services or public utility easements on the remnant parcels (Parcels "A" and "B"). Question being taken, the motion was carried. 19. New Brunswick Environmental Network Support For New EnerQV Futures Project On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the letter from the New Brunswick Environmental Network advising that it will be launching a New Energy Futures project this winter designed to provide homeowners with information on reduction of residential energy use and assist them in making some small retrofits, and is interested in establishing this project in Saint John; submitting information about and a proposed budget for the project; and requesting funding and in-kind support for this project, be referred to the City Manager. Question being taken, the motion was carried. 20. Anne W. Gilbert - Watershed ReQulations Councillor Desmond proposed a motion to refer Anne W. Gilbert's letter on watershed regulations to the City Manager, whereupon the Mayor suggested a motion to receive and file and offer thanks. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letter from Anne W. Gilbert expressing concern about the new Provincial regulations for the Loch Lomond and Musquash watersheds which supply Saint John's drinking water, and suggesting that a concrete guard rail could be built around the lake to keep out people who leave their garbage and protect it from fuel tankers which pass by frequently, be received and filed and Ms. Gilbert be thanked for her comments. Question being taken, the motion was carried. 21. 2002 Saint John Jazz And Blues Festival - Support On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the letter from the 2002 Saint John Jazz and Blues Festival requesting the City's financial support of the Festival to be held on July 11, 12 and 13,2002, and submitting its 2002 operating budget, be referred to the budget process. Question being taken, the motion was carried. 88-763 COMMON COUNCIL NOVEMBER 19, 2001 22. Seniors' Resource Centre - Grant Request On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from the Seniors' Resource Centre requesting a grant from the City's 2002 budget to assist it in remaining a viable centre for seniors, be referred to the budget process. Question being taken, the motion was carried. 23. Loyalist City Heritage Festival - Appointment Of Member To Municipal HeritaQe Parade Committee On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letter from the Loyalist City Heritage Festival advising the five theme days of the 2002 Festival to be held from July 14 to 21 and, as a municipal display parade is proposed separate from the Loyalist Day parade as an opportunity for each municipality to have its entry in a metropolitan municipal parade, it would be appreciated if Council would appoint a representative, either a member of Councilor a citizen, to attend an initial meeting of the Metropolitan Municipal Heritage Parade Committee, be referred to the Nominating Committee. Question being taken, the motion was carried. 24. Multicultural Association Of Saint John TwinninQ With Cernavoda. Romania On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from Multicultural Association of Saint John, Inc., advising that, having learned that the Mayor of Cernavoda in Romania has indicated that his City would like to twin with Saint John, the Association adopted the resolution as cited; and urging the City of Saint John to forthwith initiate the process for twinning the two Cities, be referred to Mayor McAlary. Councillor Desmond first proposed a motion to refer the above letter to the City Manager whereupon the Mayor, in noting the previous referral of this matter to her to meet with MP Elsie Wayne, advised that she had done so. Question being taken, the motion was carried. Adjournment The Mayor noted the possibility of Council holding a public session on Monday, November 26, 2001 on the 2002 budget, and the meeting adjourned. Common Clerk