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2002-01-21_Minutes 88-827 COMMON COUNCIL JANUARY 21, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of January, A.D. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; S. Galbraith, Director of Works; C. Cogswell, 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 Rev. David Warren of the Saint John Foursquare Gospel Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on January 14, 2002, be approved. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-Zone 200 Somerset Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 200 Somerset Street (NBGIC Number 24901), from "R-4" Four Family Residential to "B-2" General Business classification, to permit the conversion of the ground floor of the existing two-family dwelling to a retail orthopaedic business, as requested by Orthopaedics Plus Ltd., and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, two letters expressing objections and concerns and a letter in favour of the proposal, considered at the Committee's January 15, 2002 meeting at which Paul Gaudet attended on behalf of the applicant in support of the proposal and indicated that, in his opinion, the neighbourhood would not be negatively impacted by the proposed business and also that he would agree to Section 39 conditions limiting the use of the property to his proposal and was willing to work with staff to design a suitable parking layout, and Harold Coughlan, realtor, addressed the Committee in favour of the application; advising that, after considering the report, letters and presentations, the Committee decided to recommend approval of the proposed re-zoning, subject to conditions with respect to use and signage; and recommending that Common Council re-zone a parcel of land located at 200 Somerset Street, having an area of approximately 7,100 square feet, also identified as being NBGIC Number 24901, from "R-4" Four Family Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the non-residential use of the property is restricted to the applicant's proposal to establish a retail orthopaedics business on the ground floor of the existing building, (b) there shall be no freestanding or mobile signs, and (c) facia signage is restricted to a maximum of 4 square feet. 88-828 COMMON COUNCIL JANUARY 21, 2002 Paul Gaudet, owner and operator of Orthopaedics Plus Ltd., appeared in support of the application, and advised his agreement with the recommended conditions and that he would be willing to accept them if the property were re-zoned. Mr. Gaudet responded to questions on his plans to redo the interior and exterior of the building and with respect to parking. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By- law Number C.P. 100-583 A 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 200 Somerset Street (NBGIC Number 24901), having an area of approximately 7,100 square feet, from "R-4" Four Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. In terms of parking, Mr. Baird confirmed that, for this particular use, if the applicant operated and continued to operate on an-appointment basis, there was sufficient space on-site but, as the operation grew and changed, it would become more and more difficult; and advised that the recommendation, as set out by the Planning Advisory Committee, would mean that, if a dentist or doctor or something with a greater parking demand were to go there, it would be necessary to go through the public hearing process again. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-583 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By- law Number C.P. 100-583 A 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 200 Somerset Street (NBGIC Number 24901), having an area of approximately 7,100 square feet, from "R-4" Four Family Residential to "B-2" General Business 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 entitled, "By-law Number C.P. 100-583 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Desmond 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 Property At 1433 Loch Lomond Road I 20-22 Lakefield Court & Section 39 Amendment To Conditions Of Re-ZoninQ The Common Clerk advised that the necessary advertising was completed with regard to (1) the proposed re-zoning of the following parcels of land: (a) a parcel of land located at 1433 Loch Lomond Road, having an area of approximately 1019 square metres (10,969 square feet), also identified as being the western portion of NBGIC Number 55153571, from "RS-2" One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, (b) a parcel of land located at 20-22 Lakefield Court, having an area of approximately 176 square metres (1,895 square feet), also identified as being a portion of NBGIC Number 55153563, from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential 88-829 COMMON COUNCIL JANUARY 21, 2002 classification, and (c) a parcel of land located at 1433 Loch Lomond Road, also having an area of approximately 280 square meters (3,014 square feet), also identified as being a portion of NBGIC Number 55153571, from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification, and (2) a proposed amendment to the Section 39 conditions imposed on the March 5, 2001 re-zoning of an area of land located at 1433 Loch Lomond Road, also identified as a portion of NBGIC Number 55153571 (formerly portion of NBGIC Number 55147979), to better define the actual site of a recently established daycare centre and to consider the request not to pave the driveway for the centre, as requested by Paul Folkins, and no written objections were received in this regard. 4{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 January 15, 2002 meeting at which Heather Arsenault appeared on behalf of the applicant (Cheryl Cochran) in support of the application and, when asked by the Committee if the applicant was aware of the staff recommendation to not approve the requested Section 39 amendment which involves the requirement to pave the driveway of the daycare centre, Ms. Arsenault was unaware of the applicant's position regarding this matter but did indicate that Ms. Cochran would be present at the public hearing to discuss this matter; and recommending that Common Council (1) amend the City of Saint John Zoning By-law by re-zoning the following parcels of land: (a) a parcel of land located at 1433 Loch Lomond Road, having an area of approximately 1019 square metres (10,969 square feet), also identified as being the western portion of NBGIC Number 55153571, from "RS-2" One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, illustrated as "A" on the submitted diagram, (b) a parcel of land located at 20-22 Lakefield Court, having an area of approximately 176 square metres (1,895 square feet), also identified as being a portion of NBGIC Number 55153563, from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification, illustrated as "B" on the submitted diagram; and (c) a parcel of land located at 1433 Loch Lomond Road, also having an area of approximately 280 square meters (3,014 square feet), also identified as being a portion of NBGIC Number 55153571, from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification, illustrated as "C" on the submitted diagram; and (2) deny the requested Section 39 amendment. Cheryl Cochran, owner of the daycare on the subject property speaking in favour of the application, advised that a subdivision of the lots to the rear of the subject property after it was re-zoned necessitated the reconfiguration of the parking and playground area requiring use of the adjacent lot which, although considered part and parcel of the daycare property, was not intended to be used other than to be beautified and to have as an adjoining lot more for property value than anything else. Ms. Cochran also advised that, while she asked to readdress the issue of paved parking, she was fine with the Planning Advisory Committee's recommendation. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the by-law entitled, "By-law Number C.P. 100-584 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning following parcels of land: (a) a parcel of land located at 1433 Loch Lomond Road, having an area of approximately 1019 square metres (10,969 square feet), also identified as being the western portion of NBGIC Number 55153571, from "RS-2" One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, (b) a parcel of land located at 20-22 Lakefield Court, having an area of approximately 176 square metres (1,895 square feet), also identified as being a portion of NBGIC Number 55153563, from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification, and (c) a parcel of land located at 1433 Loch Lomond Road, also having an area of approximately 280 square meters (3,014 square feet), also identified as being a portion of NBGIC Number 55153571, from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification, be read a first time. Question being taken, the motion was carried. 88-830 COMMON COUNCIL JANUARY 21, 2002 Read a first time the by-law entitled, "By-law Number C.P. 100-584 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the by-law entitled, "By-law Number C.P. 100-584 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning following parcels of land: (a) a parcel of land located at 1433 Loch Lomond Road, having an area of approximately 1019 square metres (10,969 square feet), also identified as being the western portion of NBGIC Number 55153571, from "RS-2" One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, (b) a parcel of land located at 20-22 Lakefield Court, having an area of approximately 176 square metres (1,895 square feet), also identified as being a portion of NBGIC Number 55153563, from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential classification, and (c) a parcel of land located at 1433 Loch Lomond Road, also having an area of approximately 280 square meters (3,014 square feet), also identified as being a portion of NBGIC Number 55153571, from "IL-1" Neighbourhood Institutional to "RS-2" One and Two Family Suburban Residential 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. 100-584 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Deputy Mayor White Seconded by Councillor Court RESOLVED that as recommended by the Planning Advisory Committee, Common Council deny the requested Section 39 amendment to the conditions of re-zoning of the property located at 1433 Loch Lomond Road. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 5(a) Amendment To Section 39 Conditions Of Re-ZoninQ Of 661 Dever Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the June 27, 1994 re-zoning to "B-2" General Business classification of the property situated at 661 Dever Road (NBGIC Number 55106819), to permit a revised proposal to operate a fitness facility with the gym section of an existing physiotherapy clinic that will be open to the general public, as requested by Andrea Schaerer and Linda Johnston, and no written objections were received in this regard. 5{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 January 15, 2002 meeting at which the applicant appeared in support of the application, and the Committee adopted the staff recommendation. (Councillor Trites re-entered the meeting.) 88-831 COMMON COUNCIL JANUARY 21, 2002 Edward Keyes of the law firm of Patterson Palmer Hunt Murphy appeared on behalf of the applicants who, he advised were present at the meeting, as well as on behalf of the owner, Greendale Holdings Ltd.; and advised that, having read the Planning Advisory Committee report, they have no objections to it. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the June 27, 1994 re-zoning to "B-2" General Business classification of the property located at 661 Dever Road (NBGIC Number 55106819), to include as a permitted use an athletic or health club, provided it is located within the gym section of an existing physiotherapy. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 7. Policv To Limit Citizens' Terms On Committees Read a letter from Mayor McAlary proposing that there be a policy limiting the length of term for citizens appointed to commissions, boards and commissions (excluding elected officials); suggesting that it is the ideal time, since it is the beginning of a new year, to give consideration to adopting a policy that would allow each appointee to serve for two consecutive terms, of three years each, for a total of six years and/or no longer than a total of six years if appointed for one or two year terms, and be eligible to re-offer after being absent for one full term; and also proposing that the Common Clerk be asked to place an advertisement in the local newspaper notifying citizens who wish to sit on City-appointed commissions, boards or committees to send their resumes to the Common Clerk, either by letter or to the City's website. Councillor Desmond proposed a motion, which was not seconded, to table the above matter for more discussion. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the Nominating Committee for discussion. Councillor Teed advised his agreement with the concept of limited terms, and Councillor Fitzgerald suggested that, if the consensus were to refer the matter to the Nominating Committee, a time limit should be included as to when the matter should come back to Council. Councillor Chase expressed the view that Council should deal with the matter at this meeting as the Nominating Committee was in place to nominate people as per the guidelines of Council, so Council should set the guidelines; and Councillor Ball advised that he was ready to support the concept now. Question being taken, the motion was carried with the Mayor and Councillors Ball, Chase, Fitzgerald and Teed voting "nay". 8. Use Of Salt On Streets And Sidewalks Consideration was given to a letter from Mayor McAlary submitting correspondence on the use of salt on streets and sidewalks for safety, and requesting that this be referred to staff for information to be provided to Council so that Council may respond. 88-832 COMMON COUNCIL JANUARY 21, 2002 On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that agenda item 16 be brought forward for consideration with agenda item 8. Councillor Teed, noting the second proposal in the Mayor's letter under agenda item 7 to have an advertisement placed in the local newspaper notifying citizens who wish to sit on City-appointed commissions, boards and committees, proposed a motion in this regard, whereupon the motion on the floor was noted. Question being taken, the motion was carried. 16. Winter Use Of Salt And Sand Consideration was given to a report from the City Manager further to the December 17, 2001 request for staff to report on the use of road salt and sand in winter street maintenance operations; and recommending that Council receive and file this report and staff make a brief presentation on the use of road salt and sand in the City of Saint John. The Mayor advised that the use of salt has become an issue in a number of Atlantic Canada cities and it has been recommended that Council send a letter expressing its views to the Federal Minister of Environment because of his recommendation that municipalities not be allowed to use salt on roads and that, after hearing from staff, she would be asking Council to agree to send a letter to the Environment Minister. Mr. Galbraith advised that, as it would take a few minutes to set up his presentation, Council might want to proceed with other agenda items at this time. The Mayor noted Councillor Teed's request to make a motion under item 7 to ask the Common Clerk to place an advertisement in the local newspaper notifying citizens who wish to sit on City-appointed commissions, boards or committees to send their resumes to the Common Clerk, either by letter or to the City's website; and asked the Common Clerk to do so. 9. Place Of Residencv Of City Emplovees Consideration was given to a letter from Councillor Teed advising that he feels it is completely unsatisfactory that 30% of City employees, a total of 213, live outside the City boundaries and contribute nothing to the economy of the City through real estate taxes, and that over 42% of the members of the Police Force live outside the City boundaries, as well as over 23% of fire fighters; and explaining why he would suggest that Council adopt in principle that there be a policy of requiring employees of the City to be residents of the City until such time as the decision of the New Brunswick Court of Appeal is clearly overruled and the law changed by a higher court, such to apply to those presently living in the City and to future employees. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that Council adopt in principle that there be a policy of requiring employees of the City to be residents of the City until such time as the decision of the New Brunswick Court of Appeal is clearly overruled and the law changed by a higher court, such to apply to those presently living in the City and to future employees. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the above matter be referred to the City Solicitor and Legal Session for his input on Councillor Teed's position. Question being taken, the referral motion was carried. 88-833 COMMON COUNCIL JANUARY 21, 2002 9A. MeetinQ With Prime Minister's Select Committee Read a letter from Councillor Chase advising that he has had correspondence with New Brunswick MP Andy Savoy who has been appointed to the Prime Minister's Select Committee on Urban Issues, in which he indicated an interest in meeting with Council the week of February 11-15, 2002; and asking for Council's support in accepting his offer, given Council's resolve to lobby the Provincial and Federal Governments on issues facing the Municipality. On motion of Councillor Chase Seconded by Councillor Titus RESOLVED that Council accept the offer of MP Andy Savoy to meet with Council. Councillor Chase proposed that Mr. Savoy be invited to the February 11, 2002 Council meeting, and the Mayor suggested that Council should have a copy of Mr. Savoy's letter offering to meet and, if he were to meet with Council to talk about issues, Council might wish to have a separate hour or two hour meeting with him at a time other than a regular Council meeting. Councillor Chase advised that, while perhaps by the end of the week Council members could be polled to come up with an agreeable time to meet with Mr. Savoy, the important thing was that he get back to Mr. Savoy's office to indicate that Council accepted his invitation. The Mayor called for the question on the motion, adding that a date would be arranged for other than a regular Council meeting day. Question being taken, the motion was carried. 8 & 16 Mr. Galbraith, through a computer-aided presentation (copies of which were distributed to Council members at this meeting), addressed the issue of winter use of road salt and a sand/salt mix in Saint John, apprising Council of the City's typical operational storm response and the materials used. Mr. Galbraith advised the winter materials used, including road salt and an abrasive sand/salt mixture, as well as their attributes and the cost associated with their use; and also advised the storage locations and amount of material stored in each facility. Mr. Galbraith described the sand/salt spreading equipment used, displaying photographs during his presentation, and the level of service standards for Saint John streets as follows: priority one streets - bare pavement 12 hours after storm end, priority two streets - bare pavement 24 hours after storm end, and priority 3 and 4 streets - plowed 24 hours after storm end; and reviewed the common practices and material application guidelines used during snow falls, noting the cost of sanding/salting, clean-up to remove the accumulation of winter sand from catch basins and streets, and the benefit/cost ratio of deicing. Mr. Galbraith circulated an infrared pavement attacher as a demonstration of technological advances in equipment, and addressed the environmental concerns about salt usage in terms of groundwater impacts, soil and surface water runoff, vegetation, wildlife and aquatic life, as well as the Federal Government's conclusion, after studying the effects of road salt on the environment, that there are negative impacts in a number of areas that warrant further study and possible development of regulations and control measures. Mr. Galbraith advised that, in staff's contacts with the Federal Government and review of its literature, there is no anticipated ban on the use of road salt but rather there would be a focus on the development of management strategies and using smart-salting techniques where the right amount was used at the right place and the right time, improved storage facilities, level of service considerations and weather dependence and, as for the City of Saint John, advised that a review was being done of the current practices, as well as looking at new techniques and slowly incorporating new equipment/technology, and improving storage facilities and material and handling techniques. During discussion the Mayor suggested that Council, as other municipalities have done, should make its views known to the Federal Minister of Environment that, at this point in time, the use of salt on roads for safety purposes was needed; and Mr. Totten, noting the letter included with the Mayor's letter from one of the salt suppliers, advised that, with Council's direction, Mr. Galbraith would be prepared to draft a letter to the Minister with respect to the City's concerns. 88-834 COMMON COUNCIL JANUARY 21, 2002 On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that a letter be forwarded to the Federal Minister of Environment in the above regard. Question being taken, the motion was carried. 10. Cancellation & Scheduling Of New, Public HearinQ. Re-ZoninQ Of 17-21 Westmorland Road Consideration was given to a report from the City Manager advising that, although January 21,2002 was to be the public hearing for the application of 501226 N.B. Ltd. / Raymond Slattery for the re-zoning of property located at 17-21 Westmorland Road, the Planning Advisory Committee at its January 15, 2002 meeting resolved to table the application to provide the proponent an opportunity to prepare a more thorough application (i.e. detailed site plan and more information about the proposed business), therefore, under Common Council's policy, the advertised public hearing will be cancelled and a new hearing will need to be scheduled by the City at a later date; and recommending that Common Council authorize a new public hearing date for this re- zoning application on Monday, March 4, 2002. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that Common Council authorize a new public hearing date for the application of 501226 N.B. Ltd. / Raymond Slattery for the re-zoning of the property located at 17-21 Westmorland Road, on Monday, March 4, 2002, subject to the applicant bearing the cost of the advertising. Councillor Trites asked why, if the re-advertising was being carried out to provide the applicant an opportunity to prepare a more thorough application, the taxpayers should pay the cost of the advertising, and Mr. Baird advised that his understanding of the City's policy was, when the Planning Advisory Committee was unable to provide a recommendation, that cancels the public hearing and the City pays for the re-advertising that is necessary. Councillor Trites suggested that Council should look at its policy if it were a case of a public hearing being cancelled because an application was not complete. The Mayor asked if the applicant could be asked to pay for the advertising, and Mr. Baird advised that he could make that request; and, as to whether or not the applicant asked for another public hearing date, advised that the applicant was at the Planning Advisory Committee meeting and wished to pursue the application and in a somewhat indirect fashion he wished an opportunity to put a better presentation forward with respect to his proposal, so he was requesting that there be a further hearing on the matter. Councillor Trites proposed an amendment, which was seconded by Deputy Mayor White, that the motion be subject to the applicant paying the cost of advertising. The Mayor called for the question on the motion, with the amendment, as set out above. Question being taken, the motion was carried. 11. ZoninQ Bv-Iaw Amendment Re "B-3" Zone Provisions Read a report from the City Manager referring to the application on the agenda of this meeting from Clover Realty Ltd. for the re-zoning of property located at 87 Canterbury Street to permit the redevelopment of the building to include dwelling units on the ground floor as the present "B-3" Central Business zone provisions prohibit dwelling units below the second storey of a building; and advising that, since the time Council dealt with a similar application for re-zoning to "B-2" General Business at 139 Germain Street about six months ago, Planning and Development staff have been considering whether or not the present prohibition of ground floor dwelling units in the "B-3" Central Business zone is still appropriate and concluded that, while such a requirement probably remains valid for areas in the "core" of the Uptown such as along King Street, a relaxation of the standard could be considered for the "fringe" areas of the Uptown, specifically those areas within 30 metres (100 feet) of the adjacent residentially zoned neighbourhoods. The report also advises that residents of the residential 88-835 COMMON COUNCIL JANUARY 21, 2002 neighbourhoods adjacent to the Uptown have expressed concerns that the present "B-3" zone provisions do not include a separation requirement for beverage rooms, clubs and lounges from "R" zoned areas, and it would be appropriate at this time to also consider incorporating such a requirement for this same 30-metre (100-foot) "fringe" area of the "B-3" Central Business zone, and an initial review of the locations of licensed establishments indicates that two existing Uptown establishments would become non- conforming uses as a result of the introduction of the proposed separation requirement, being the Iceberg Pub at 185 Union Street and the Knights of Columbus Hall at 24 Coburg Street which would be permitted to continue to operate but no new beverage rooms, clubs or lounges would be permitted within the proposed 30-meter (100 foot) buffer area; and submits an amendment to the Zoning By-law incorporating the suggested changes to the "B-3" Central Business Zone provisions; and recommends that Common Council refer the proposed Zoning By-law amendment, the text of which is set out in the submitted Schedule 'A', to the Planning Advisory Committee for a report and recommendation, authorize the advertisement and set a public hearing date of Monday, March 4, 2002 at 7:00 o'clock p.m. for consideration of the amendment. On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the proposed Zoning By-law amendment, the text of which is submitted as Schedule 'A', 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, March 4,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 12. Tender For Contract 2001-11 On motion of Deputy Mayor White Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, Contract 2001-11, Crown Street reconstruction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $278,285.50 as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 13. Five-Year Infrastructure ProQram On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council (1) adopt the Five-Year (2002-2006) Infrastructure Priorities Plan as outlined in the submitted report from the City Manager and the submitted letter, (2) authorize that applications be made under the Canada/New Brunswick Infrastructure Program for the years 2002 to 2006, and (3) authorize that the submitted letter be forwarded to The Honourable Kim Jardine, Minister of Environment and Local Government under the Mayor's letterhead and signature. Question being taken, the motion was carried. 14. Public Utilitv Board HearinQ - Coleson Cove Conversion Read a report from the City Manager advising that, further to Council's adoption on November 19, 2001 of recommendations made by staff and the Environment Committee with regard to the Coleson Cove refurbishment proposal, the Public Utility Board hearings have been underway the week of January 14, 2002 and have provided updates of the initial evidence including material resulting from the written interrogatories, and covered some new issues; and commenting on the natural gas option and prices, future emissions control regulations and the effects in the Saint John region, the cost of potential spills, health care and other social costs. 88-836 COMMON COUNCIL JANUARY 21, 2002 On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the City of Saint John endorse the direction taken by the Province of New Brunswick toward a more thorough consideration of all aspects of a natural gas option. Council's invitation of June 4,2001 to NB Power to make a presentation in this regard was broached during discussion, the Mayor having asked if Council was interested in hearing a presentation, having been unable to fit it in to this point in time, suggesting that a motion could be made to hear from NB Power upon completion of this item; and Councillor Chase made the observation that a resolution was not needed to invite NB Power in as Council had already adopted one and, in fact, NB Power was still waiting for a date to appear. Councillor Fitzgerald suggested that the City should forward to the hearing, in a stronger tone, a letter in support of natural gas. Question being taken, the motion was carried. Councillor Fitzpatrick proposed a motion, which was not seconded, to send a letter to the hearing in support of the natural gas option. 15. Collective AQreement CUPE Local 486 Read a report from the City Manager advising that the key provisions of a tentative settlement arrived at by the negotiating teams for the City and CUPE Local 486, which represents 160 inside workers with the City of Saint John and the Saint John Board of Police Commissioners, include a two-year collective agreement for 2002-03 on the same terms as the current agreement, a wage increase of 2.75% on January 1 each year, and an amendment to comply with new parental leave legislation, and the tentative agreement has been approved by the Board of Police Commissioners and at a general meeting of the Local 486 membership. On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, subject to approval by the City Solicitor as to legality and form, Common Council approve a two-year agreement (January 1, 2002 - December 31, 2003) with CUPE Local 486 upon the same terms and conditions as the current collective agreement dated July 12, 1999 with the following changes: period of agreement from January 1, 2002 to December 31, 2003 inclusive, salaries as per article 26B, as submitted, child care leave of up to 37 weeks as per the Employment Standards Act, and such other changes as are required to reflect the new term of the agreement. In response to a suggestion that the above matter should be laid on the table until receipt of a legal opinion on the residency issue, Mr. Totten advised that, as the contract was negotiated in good faith, having been originally decided and agreed upon between the parties prior to Christmas, and Council was informed of this, he would be uneasy now going back to the Union, in terms of labour relations and bringing this contract to a head. Question being taken, the motion was carried. 17. Municipal Plan Amendment & Re-Zoning Of Property At 77 Golden Grove Road Consideration was given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of Norman Ganong for a Municipal Plan amendment and re-zoning of the property located at 77 Golden Grove Road, and no written objections were received in this regard. 88-837 COMMON COUNCIL JANUARY 21, 2002 On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the application of Norman Ganong for a Municipal Plan amendment and re-zoning of the property located at 77 Golden Grove Road 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, March 4, 2002 at 7:00 o'clock p.m. Question being taken, the motion was carried. 18. Planning Advisory Committee - Amendment To Section 101 AQreement Re 55 Waterloo Street On motion of Councillor Fitzgerald Seconded by Deputy Mayor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the preparation and execution of an amendment to the existing Section 101 agreement with respect to 55 Waterloo Street that would replace the existing "Schedule 'B' - Site Layout and Landscaping Plan" with a new Schedule 'B" incorporating the approved changes to the site development. Question being taken, the motion was carried. 19. Saint John Parking Commission - Residential Parking And Snow Removal Study - Report & Recommendations Read a letter from the Saint John Parking Commission referring to its May 7,2001 presentation to Council of the Residential Parking & Snow Removal Study of the Saint John Central Peninsula at which time the study findings and the recommendations of the Solutions Committee were outlined, as was a process the Commission felt was needed to be followed in order to properly define details on how to implement the recommendations; advising that the preparation of background information and detailed implementation steps outlined in the submitted appendices is not yet completed; and setting out a schedule proposed for completion, with new regulations to be implemented upon approval of Common Council during June and July to allow the months of August, September, October and November 2002 for the residents to understand the changes that will take place prior to the winter of 2002. On motion of Councillor Chase Seconded by Deputy Mayor White RESOLVED that as recommended by the Saint John Parking Commission, Common Council direct the Saint John Parking Commission and Municipal Operations to proceed with the process as outlined to complete the residential parking and snow removal detailed implementation recommendations. Question being taken, the motion was carried. 20. Saint John Parking Commission - Aquatic Centre I YM-YWCA Discussions On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that the letter from the Saint John Parking Commission advising that, on the understanding that talks are currently underway with respect to the Aquatic Centre and the YM-YWCA and having the mandate from the City of Saint John to deal with parking issues, it would like to be a party to discussions that may result in changes to the parking situation in the vicinity of the Aquatic Centre, be referred to the City Manager. Question being taken, the motion was carried. 88-838 COMMON COUNCIL JANUARY 21, 2002 21. Dvnamic Construction Ltd. - Use Of Land On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the letter from Dynamic Construction Company Ltd. submitting an invoice for supplying compensatory water storage for over twenty years, be received and filed. Question being taken, the motion was carried. 22. Clover Realtv Limited - Re-ZoninQ Of 87 Canterbury Street On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the application of Clover Realty Limited for the re-zoning of property located at 87 Canterbury Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, March 4, 2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 23(a) Saint John Business Community Anti-Poverty Initiative, (b) E.J. Doherty, (c & d) Candace Scheider, (e) Board Of Trade - YM-YWCA I Aquatic Centre Consideration was given to the following regarding the Saint John YM- YWCA / Aquatic Centre issue: (a) a letter from the Saint John Business Anti-Poverty Initiative expressing support for the proposal for the transfer of ownership and operations of the Canada Games Aquatic Centre to the Saint John YM-YWCA, (b) a letter from E.J. Doherty expressing support for the Saint John YM-YWCA assuming ownership of the Canada Games Aquatic Centre, (c) a letter from Candace Scheider submitting a petition signed by people who support the merger of the Aquatic Centre and the YM-YWCA, (d) a letter from Candace Scheider expressing support for the merger of the YM- YWCA and the Aquatic Centre, and (e) the Saint John Board of Trade in support of the proposed transfer of ownership and control of the Canada Games Aquatic Centre to the Saint John YM-YWCA. The Mayor asked for a motion to add to the agenda of this meeting additional letters (copies of which were distributed to Council members at this meeting) in the above regard. * Added Letters On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that letters from the following people be added to the agenda of this meeting for consideration at this time: (1) Robert G. Vincent in support of the proposal to transfer ownership of the Canada Games Aquatic Centre to the Saint John YM- YWCA, (2) Richard Walter in support of the YM- YWCA - Aquatic Centre partnership, (3) Pat McGill in support of the merger proposal of the YM-YWCA and the Aquatic Centre, (4) B. R. MacDonald in support of a combined facility at the current Aquatic Centre site, (5) Uptown Saint John Inc. recommending that the City transfer ownership and control of the Canada Games Aquatic Centre to the Saint John YM- YWCA, and (6) Aubrey Reid in support of the transfer ownership of the Aquatic Centre to the Saint John YM-YWCA, be added to the agenda of this meeting. Question being taken, the motion was carried. 88-839 COMMON COUNCIL JANUARY 21, 2002 On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the above correspondence regarding the Canada Games Aquatic Centre / Saint John YM-YWCA, be referred to the City Manager. Question being taken, the motion was carried. 24(a) R. G. Wilson, (b) Adam S. Pustowka, (c) Board Of Trade - Sunday ShoppinQ Issue Consideration was given to (a) a letter from RG. Wilson in favour of Sunday shopping, (b) a letter from Adam S. Pustowka on behalf of the three Greater Saint John Canadian Tire stores, their owners, management and staff, advising that they are opposed to expanding the Sunday shopping schedule, and (c) a letter from the Saint John Board of Trade recommending that the City of Saint John apply for dispensation to allow retailers in Saint John the freedom to choose whether or not they wish to open for business on Sundays year-round. * Added Letter On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from Uptown Saint John Inc. advising of its support for the City of Saint John making application to the Municipal Capital Borrowing Board at the earliest convenience in order that the business community not lose business in a competitive business environment, be added to the agenda of this meeting. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above letters regarding Sunday shopping be received and filed. Question being taken, the motion was carried. 25. Russell G. Wilson - Conditions Of Sidewalks On Golden Grove Road I Hillcrest Road A motion was proposed by Councillor Ball and seconded by Councillor Fitzpatrick to refer to the City Manager the letter from Russell G. Wilson, submitting a petition from residents of Golden Grove Road and Hillcrest Road requesting the immediate action of the Mayor and Council to build sidewalks along these streets. Councillor Desmond suggested that, as the plans were already made in this regard, a letter should be forwarded to Mr. Wilson advising him of what was to be done. The Mayor suggested that the motion could be a referral to the City Manager or to forward a letter to Mr. Wilson. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that a letter be forwarded to Russell G. Wilson advising him the plans for sidewalks on Golden Grove Road and Hillcrest Road. Question being taken, the motion was carried. The Mayor expressed the understanding that it was the intent for her to write the above letter to Mr. Wilson. 88-840 COMMON COUNCIL JANUARY 21, 2002 26. Multicultural Association Of Saint John RecoQnition Of Chinese New Year On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that, with regard to the letter from Multicultural Association of Saint John, Inc. suggesting that, as February 15, 2002 is New Year's Day in the Chinese calendar being the beginning of the Year of the Horse and given the fact that the City of Saint John is twinned with the City of Shantou, China, some recognition observance should be made, the Mayor send a fax to the Mayor of Shantou. Question being taken, the motion was carried. 27(a) William & Nancy Nelson, (b) Denise & Gary McFayden Property Between Cullinan Avenue And Pipeline Road On motion of Councillor Ball Seconded by Councillor Fitzpatrick RESOLVED that the letters from (a) William and Nancy Nelson and (b) Denise and Gary McFayden expressing opposition to a land development proposal being put forward by Ellerdale Investments Ltd. for a parcel of land situated between Cullinan Avenue and the Pipeline Road, be referred to the Planning Advisory Committee. Question being taken, the motion was carried. Adiournment The Mayor noted the next regular meeting of Common Council scheduled for February 4,2002 commencing at 7:00 o'clock p.m., and declared the meeting adjourned. Common Clerk