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2002-05-21_Minutes 89-99 COMMON COUNCIL MAY 21,2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the twenty-first day of May, AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Court, Desmond, Fitzgerald, Fitzpatrick, Teed and Titus - 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 Buildings and Inspection Services; S. Galbraith, Director of Works; P. Hanlon, Manager of Water and Sewerage Services; E. Farren, Intergovernmental Affairs Officers; G. Tait, Fire Chief; S. Patterson, Staff Sergeant - 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 offered the opening prayer. 2. Approval Of Minutes On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the minutes of the meeting of Common Council, held on May 13, 2002, be approved. Question being taken, the motion was carried. 4. Proclamations Mayor McAlary proclaimed May 2002 as Asian Heritage Month, May 26 to June 1, 2002 as Disability Awareness Week, and May 23, 2002 as YM-YWCA Red Triangle Day in the City of Saint John. (Councillor Ball entered the meeting.) * Added Item On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the Nominating Committee report, which was considered in Committee of the Whole earlier this date under agenda item 34, be added to the agenda of this meeting for consideration as item 4A Question being taken, the motion was carried. *4A.1 Appointment To Imperial Theatre Inc. On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that as recommended by the Nominating Committee, Virginia A Campbell be appointed to the Board of Directors of Imperial Theatre Inc. for a term of three years, replacing Elizabeth Chase who has resigned. 89-100 COMMON COUNCIL MAY 21,2002 Question being taken, the motion was carried. *4A.2. Ad Hoc Committee On Watershed Protection On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that as recommended by the Nominating Committee, with regard to the suggestion of John P. Barry, Q.C., that Council consider appointing an ad hoc citizens committee to investigate and develop the scientific positions necessary to convince the Provincial Government of the fallacy in granting exceptions from the watershed protection program of four watersheds in southern New Brunswick, including the City of Saint John's primary drinking water source, Mr. Barry be advised that in view of City staff having been working closely with Provincial staff in this regard, it is not felt that an ad hoc citizens committee is necessary at this time. Councillor Teed asked why Council would turn down an ad hoc committee of volunteers reporting to Council. Question being taken, the motion was carried with Councillor Teed voting "nay". *4A.3 Saint John Industrial Parks Ltd. - Appointment On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that as recommended by the Nominating Committee, Bill MacMackin be appointed to the Board of Directors of Saint John Industrial Parks Ltd. for a term of three years, replacing Arthur L. Gould who has resigned. Councillor Teed expressed the opinion that there were many people who live in Saint John with an interest in industrial parks and Mr. MacMackin, although he has a business in the City, does not live in Saint John. Question being taken, the motion was carried with Councillor Teed voting "nay". *4A.4 Trade And Convention Centre Committee - Appointment On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that as recommended by the Nominating Committee, Greg Yeomans, City Comptroller, replace Margaret Totten on the Trade and Convention Centre Committee, in view of his financial background. Question being taken, the motion was carried. 5. Tenants' GarbaQe Read a letter from Councillor Teed advising that he recently prepared a lease for a client who owns rental property who wished a clause that the tenant would follow the provisions of the City by-law with respect to sorting, recycling and composting garbage, and suggesting that the City might well encourage all landlords to have this type of positive condition set out in any lease it has in the future and also it could be a useful provision in the Provincial standard form of lease under the Residential Tenancy Act. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the City (a) request the Provincial Government to take the necessary action to provide in the standard forms of a lease for residential accommodation a provision that the tenant would take any required 89-101 COMMON COUNCIL MAY 21,2002 action pursuant to any municipal garbage by-law where public garbage collection is in effect, and (b) forward a resolution to this effect to the Cities organization and other Provincial municipal organizations for their support. Councillor Desmond advised his disagreement with the motion as it would be passing the City's responsibility on to the Provincial Government, getting it more involved in running the City than ever before; and suggested that the City, if it needed to do something with regard to garbage, could make an appropriate by-law. Question being taken, the motion was carried with Councillor Desmond voting "nay". 6. Rothesav Avenue Reconstruction On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the letter from Councillor Teed regarding the City's endeavours to secure funding for the reconstruction of Rothesay Avenue, which is a Provincial highway, and Mr. Groody's recent indication that there could be some major construction respecting the removal of water and sewer lines along that road; expressing concern that, if water and sewerage pipes are not done in conjunction with the rock base, there could be continued heaving and deterioration of Rothesay Avenue in future years; and proposing that staff be directed to effect early liaison with the appropriate Provincial authorities respecting the manner of Rothesay Avenue reconstruction and acknowledge the effects of modern heavy truck traffic and in relation to the construction of replacement of pipe lines for water and sewerage, and report back to Council before any further commitment is made by the City, be referred to the City Manager to meet with Provincial authorities. Question being taken, the motion was carried. 7. Provision In Charter For City To Conduct Fairs Read a letter from Councillor Teed advising that a little known feature of the City of Saint John rights and privileges found in the City's Charter is that respecting fairs in that, in common law, a fair could only be conducted with permission of the Crown and Saint John was given the right to conduct two fairs a year, one on the second Tuesday in May and the second on the second Thursday in September, each for a maximum period of three days; suggesting that Saint John is probably the only City in Canada which can hold "Charter fairs" and utilizing the term would give Saint John an advantage over other municipalities which cannot claim the same prerogative. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the letter from Councillor Teed on the matter of the development of having one or two Charter fairs, one in May and one in September, be referred to (a) the Historic Sites and Events Committee, (b) the City Tourist Department, (c) the City Recreation and Parks Advisory Board, (d) the Loyalist City Heritage Festival, (e) the West Saint John Business Association, (f) the Saint John Board of Trade, (g) Uptown Saint John, and (h) the N.B. Historical Society. Question being taken, the motion was carried. 8. Growth StrateQV - Enterprise Saint John Read a letter from Councillor Fitzpatrick advising that he would like to bring forward the item with regard to Enterprise Saint John coming before Council in that he believed Council had asked for an update on the Growth Strategy and was holding off funding until hearing from Enterprise Saint John. Councillor Fitzpatrick referred to a March 18, 2002 motion asking Enterprise Saint John to meet with Council as soon as possible to discuss the Growth Strategy and for a document to be submitted to Council before the presentation. 89-102 COMMON COUNCIL MAY 21,2002 On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that Council, once again, ask Enterprise Saint John to come in and forward its budget for the Growth Strategy, as well as a list of all expenditures to date, prior to coming to Council. The Mayor advised that Enterprise Saint John was putting something together for a Growth Strategy; however, the Board was somewhat in limbo at the present time in that, while Council has made its appointments to the new Community Economic Development Agency, the other two levels of government have not yet done so. Question being taken, the motion was carried. 9. Festival Bv The Sea - FundinQ Read a report from the City Manager regarding the request to Council on April 2, 2002 of Festival By The Sea for a grant of $45,000 for the 2002 Festival to be held from August 6 to 11; commenting on the contractual agreement entered into by the organizers with a private company to handle all performing on their behalf and to assist in fundraising and marketing the Festival, part of the agreement specifying that any debt incurred will not be the responsibility of Festival By The Sea but rather that of the private company contracted to manage the event and, if the Festival is financially successful, surplus funds will be split between Festival By The Sea and the private company; and submitting a recommendation in this regard. On motion of Councillor Court Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, the City of Saint John agree to be a sponsor of the 2002 Festival By The Sea in the amount of $15,000. Councillor Teed expressed the view that $15,000 was too much to give to the above organization. Question being taken, the motion was carried with Councillor Teed voting "nay". 10. Land For Public Purposes Trust Fund Applications Consideration was given to a report from the City Manager submitting a recommendation with respect to the requests for funding for several projects from the Land for Public Purposes Trust Fund, received by Council at its May 6, 2002 meeting, from St. John the Baptist-King Edward School, the Monte Cristo Park Playground Committee, the KBM Outing Association, the Kiwanis Club of Lancaster, the Kiwanis Club of Saint John and the Millidgeville Community PlayPark Committee. On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council (1) approve funding of $5,000 for the play area and landscaping improvements at St. John the Baptist-King Edward School from the Land for Public Purposes Trust Fund, provided that the City of Saint John receive from the Superintendent of School District 8 written confirmation that the play area shall be open to the general public for their recreational use and enjoyment; (2) approve funding to a maximum of $24,213.84 for the playground development at Monte Cristo Park, as detailed in the submission to Council from the Monte Cristo Park Playground Committee dated April 29, 2002, provided that the playground equipment and installation meets the current CSA standards; (3) approve the request from the KBM Outing Association for $1,658.87 in funding from the Land for Public Purposes Trust Fund, which is equal to one-half the cost of supply and installation for bleachers for the KBM ballfield, provided that the KBM Outing Association enter into an agreement with the City which provides that the ballfield shall be open for the recreational use and enjoyment of the general public, that the Club shall be responsible for all maintenance and repair of the bleachers, 89-103 COMMON COUNCIL MAY 21,2002 that the KBM Outing Association shall maintain public liability insurance in the amount of at least one million dollars with the City named as a co-insured; (4) deny the funding request from the Lancaster Kiwanis Club to assist with the development of a park on City lands at Sherbrooke Street and Sand Cove Road, and advise that Council may consider a similar project at a different location; (5) approve the request of the Kiwanis Club of Saint John for a $3,000 contribution from the Land for Public Purposes Trust Fund, to match a $3,000 contribution from the Club for the development of an amphitheater at the Kiwanis Accessible Playground in Rockwood Park; and (6) advise the Millidgeville Community PlayPark Committee that Council may consider a grant of Land for Public Purposes Trust Fund monies for the second phase of the playpark development up to a maximum of $5,000, and the Committee is encouraged to submit a detailed application. Councillor Fitzgerald expressed the view that, considering the amount of money raised by St. John the Baptist-King Edward School for the in excess of $50,000 project, the work done by the School for the community was well worth Council supporting the request for $9,564.96. Moved in amendment by Councillor Fitzgerald Seconded by Councillor Titus RESOLVED that section 1 of the above motion be amended to give St. John The Baptist-King Edward School $9,564.96. Question being taken, the amendment to the motion was carried. Question being taken, the motion as amended was carried. 11. Use Of Fort Howe For Milk For Moms Event Read a report from the City Manager regarding the May 6, 2002 request to Council to endorse the Milk For Moms event at Fort Howe and thus have it protected by the City insurance policy; advising that, during the 2001 event, the climbing activities were supervised by two City staff members who are certified climbers and other participants were required to execute waivers releasing the City for liability, and it is proposed that all activity be conducted in the same manner as during the 2001 event; also advising that staff does not support the suggestion that the event be held on the same day as the Marigolds on Main Street planting because of the considerable traffic control measures initiated during the planting and, if Council supports the event, it is recommended that the organizers choose a day suitable to the Director of Recreation and Parks; and submitting a recommendation in this regard. On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council grant approval for the Milk For Moms organization to proceed with its fundraising event that would include rappelling down a portion of the Fort Howe rock face on Main Street, without the organization being required to have liability insurance protecting the City, on condition that: (1) those participating and supervising the rappelling be certified at an appropriate level by Assent New Brunswick, (2) those people participating or supervising, other than City employees, sign a waiver in favour of the City, (3) as a condition of their undertaking this event, all equipment they use be certified by an organization called UIAA, the International Union of Alpinist Associations, and (4) the event be scheduled on a date acceptable to the Director of Recreation and Parks. Question being taken, the motion was carried. 12. Mispec "Canada Dav" Concert 2002 Consideration was given to a report from the City Manager advising that staff has been contacted by Mark Lee, the promoter of the 2001 Mispec Canada Day concert, for permission to hold a 2002 "Canada Day" celebration at Mispec Park on Sunday, June 30, 2002, and for the licence for the event to be executed between the City and K-Six Super Sound Ltd., a company operated by Mark Kliffer (Mark Lee). 89-104 COMMON COUNCIL MAY 21,2002 On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council agree to lease Mispec Park to K-Six Super Sound Ltd. for the period June 29, 2002 to July 2, 2002 for the purpose of presenting an outdoor concert on June 30, 2002, under the terms and conditions contained in the submitted licence, and the Mayor and Common Clerk be authorized to execute the licence. Question being taken, the motion was carried. 13. Tender For Roof Replacement On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the tender of Martin Roofing Ltd., in the amount of $31,039 (tax included), be accepted to replace the roofs on the Chipman Hill pedway and the St. Patrick Street pedway. Question being taken, the motion was carried. 14. Design And Construction Management Churchill HeiQhts Water StoraQe Reservoir On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the proposal of Crandall Engineering Ltd. be accepted for engineering services (design and construction management) for the Churchill Heights water storage reservoir. Question being taken, the motion was carried. 15. Residential Infrastructure Assistance ProQram Consideration was given to a report from the City Manager referring to the Residential Infrastructure Assistance Program adopted by Council on May 7, 2001, as well as to the approval on October 1, 2001 of a 23-lot development on Gaelic Drive and the February 18, 2002 presentation by Mr. Darling, a principal of the company undertaking the development on Gaelic Drive, who requested assistance to be made available to all of the units in the development as it was experiencing a strong demand and he had commitments pending for more than 12 units in the calendar year, and suggested that, if the 12-unit limit was lifted, payment of the assistance could still be phased by paying on only 12 units per year but all units would be eligible even if all units were built in one calendar year. The report advises that Mr. Darling views the assistance as a subsidy which is applied to the costing of each and every unit and, if the grant is not available to the 13th and subsequent units, these units would have to be priced higher and would therefore be less competitively priced and potentially less economically viable, and the City has consistently viewed this payment as an incentive program to assist residential developers in dealing with difficult servicing issues and, if demand is strong enough to support more than 12 units, the developer should be able to proceed without any further assistance; and proposing a minor change that would provide some flexibility while still respecting the intent of the program in that, if the 12- unit limitation, which is specifically tied to each calendar year, were changed to each 12- month period, this would allow a project approved in say July 2001 to develop 12 units prior to July 2002 and a further 12 units after July 2002 and, given the construction periods available to builders, this change would provide greater flexibility. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the terms of the Residential Infrastructure Assistance Program as adopted on May 7,2001 be amended by deleting condition U) and substituting: U) in 89-105 COMMON COUNCIL MAY 21,2002 each 12-month period following approval by Council the second payment will only be given for the first 12 units constructed during that period. (Deputy Mayor White withdrew from the meeting.) Question being taken, the motion was carried with Councillor Desmond voting "nay". 16. Proposed Re-ZoninQ Conditions - 55 Gaelic Drive On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the report from the City Manager advising that, further to the May 13, 2002 public hearing for the proposed re- zoning of 55 Gaelic Drive during which time concern was expressed as to the use of the property in the future or when the owners move and it was indicated that some municipalities have attempted to address the desire of their residents by permitting "accessory units" which permit two distinct units but not a traditional duplex or semi- detached units, this approach has been discussed with the applicants and they are agreeable to conditions of this type and they have also submitted a letter of intent indicating that they would not rent the basement unit and, if they sold the property, they would not sell it as a rental unit and, while this letter is not legally binding, it was offered as an indication of good faith; and recommending that the re-zoning of 55 Gaelic Drive be given third reading subject to a resolution, pursuant to Section 39 of the Community Planning Act, which would (a) limit the second unit to a basement apartment of no more than 850 square feet, (b) permit only one exterior entrance door on the front facade of the building, and (c) require that the building be serviced by only one water, sewer and one electrical entrance, be received and filed and the recommendation adopted. (Deputy Mayor White re-entered the meeting.) Question being taken, the motion was carried. 23. Zoning By-law Amendment & Imposing Of Section 39 Conditions - 55 Gaelic Drive On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-594 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 55 Gaelic Drive (PID Number 55156566), having an area of approximately 1,060 square metres (11,410 square feet), from "R-1 B" One Family Residential to "R-2" One and Two Family Residential classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 100-594 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By- law Number C.P. 100-594 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 55 Gaelic Drive (PID Number 55156566), having an area of approximately 1,060 square metres (11,410 square feet), from "R-1 B" One Family Residential to "R-2" One and Two Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to conditions that would (a) limit the second unit to a basement apartment of no more than 850 square feet, (b) permit only one exterior 89-106 COMMON COUNCIL MAY 21,2002 entrance door on the front facade of the building, and (c) require that the building be serviced by only one water, sewer and one electrical entrance. Question being taken, the motion was carried. Read a third time the "By-law Number C.P. 100-594 A Law To Amend The Zoning By-law Of The City Of Saint John". 17. West Side Estates Subdivision 371 Manchester Avenue Consideration was given to a report from the City Manager regarding the discussion about Stewart Street at the last meeting in considering the Planning Advisory Committee's recommendation with respect to the proposed West Side Estates subdivision at 371 Manchester Avenue; highlighting the issues and options, and setting out a recommendation. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, (1) Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted photo-reduced West Side Estates subdivision tentative plan, but with the following changes: (a) the proposed Porter Street public right-of-way be extended and constructed to the existing asphalt road within the Stewart Street public right-of-way when 48 of the proposed lots have been registered, and no access be permitted to this Subdivision and the barricades remain until the existing Stewart Street is improved to the satisfaction of the Chief City Engineer, (b) the portion of Short Street from the intersection of Hawkes Drive to Glenwood Drive (extension) not be vested as a public street, but that Hawkes Drive be developed as one continuous street, and that a 6-metre (20-foot) wide pedestrian walkway be vested as Land for Public Purposes and developed within this area, and (c) a future street be shown in the vicinity of proposed Lot 18 in order to provide for the convenient further subdivision of the adjoining Barbara A. Sussenberger property; (2) Common Council assent to the new public and any required future streets, as well as to any required municipal services or public utility easements for this subdivision development; (3) Common Council authorize the preparation and execution of one or more City/developer subdivision agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer; (4) Common Council authorize cost-sharing outside the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By-law; (5) Common Council assent to the proposed Land for Public Purposes dedication of 1.16 hectares (2.87 acres), as shown on the submitted tentative subdivision plan, with the recommended change of the public street extension to Stewart Street; and (6) the City undertake the necessary improvements to Stewart Street in order to accommodate the connection to the proposed development. Question being taken, the motion was carried. 32. Wayne MacEachern I 33._North Star Holdings Ltd. West Side Estates Subdivision. Manchester Avenue On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from Wayne MacEachern regarding the West Side Estates subdivision at 371 Manchester Avenue, and the letter from R. E. (Bob) Darling of North Star Holdings Ltd. referring to his February 18, 2002 presentation to Council of a proposal with respect to the Residential Infrastructure Assistance Program, as well as the West Side Estates subdivision at 371 Manchester Drive, be received and filed. Question being taken, the motion was carried. 89-107 COMMON COUNCIL MAY 21,2002 3. ShipbuildinQ Committee - Activities Melvin (Mel) Vincent, Chairman of the Canadian Committee of Shipbuilding and Policy, appeared before Council to provide an update on the Committee's efforts further to his February 4, 2002 presentation to Council and the Committee's participation in hearings on April 10, 2002 in Fredericton with the Department of Foreign Affairs and International Trade and the Department of Industry in respect to the proposed free trade agreement with the European Free Trade Association. Mr. Vincent recognized the members of the Council Committee on Shipbuilding, including Deputy Mayor White and Councillors Ball, Court and Desmond and, in reading the brief submitted by the Committee to Council at its May 13, 2002 meeting on the Committee's request to Minister Pierre Pettigrew that a ten-year moratorium be placed on shipbuilding and marine industry products from Norway in respect to a proposed free trade agreement with that country, advised that the Minister, in response to the Committee, stated that negotiators were developing special provisions for the shipbuilding and industrial marine sector in any eventual free trade agreement with the European Free Trade Association and in similar agreements with Singapore and, in particular, the agreement would provide for a long transition period for the removal of the tariff and allow the maximum period for the new shipbuilding policy to have effect by ensuring a long-term transition period during which the tariff would remain fully in effect, and this approach would go a long way to ensure that all Norwegian ship construction, which has benefitted from direct subsidy, is fully completed and the playing field levelled. Mr. Vincent also advised of the Committee's meetings with the Deputy Prime Minister, who is also the Minister of Industry, and the Prime Minister of Canada, and of the Committee's efforts in pursuing endeavours in order to fulfill its mandate with respect to reactivating the Saint John shipyard and gain employment for those people who once worked there, and indicated the Committee's willingness to assist Council in any way and to expedite anything it could, be it helping in negotiations or in any other way, in respect to the Saint John shipyard. The Mayor thanked Mr. Vincent for his presentation. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the presentation on behalf of the Shipbuilding Committee be received and filed. Question being taken, the motion was carried. 19. Re-ZoninQ Of Hillcrest Road Properties Consideration was given to a report from the City Manager noting that, further to the public hearing at the last meeting on the proposed re-zoning of properties on Hillcrest Road, the City Solicitor has provided a separate report on several issues raised during the hearing and, from a policy perspective, the Planning Advisory Committee's recommendation was to re-zone the various properties on Hillcrest Road, excluding the existing mini-home at civic number 977 and the Yurco/Hogan proposed mini-home at civic number 520; submitting a copy of the offer referenced by Duane McAfee at the hearing; and re-iterating for Council's consideration the Planning Advisory Committee's recommendation that Common Council re-zone various parcels of land located along Hillcrest Road, having a range of civic numbers between 234 to 1001 inclusive, excluding two parcels of land identified as civic numbers 520 and 977, from "RS-1M" One and Two Family and Mobile Home Suburban Residential to "RS-1" One and Two Family Suburban Residential classification. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-law Number C.P. 100-595 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning various parcels of land located along Hillcrest Road, having a range of civic numbers between 234 to 1001 inclusive, from "RS-1M" One and Two Family and Mobile Home Suburban Residential to "RS-1" One and Two Family Suburban Residential classification, be read a first time. 89-108 COMMON COUNCIL MAY 21,2002 In response to the Mayor's request for the City Solicitor to explain the opinion he gave to Council in Committee of the Whole earlier this date, Mr. Nugent made the observation that, if the re-zoning were to take place, mobile homes would not be permitted as a use of the land in question and, as to the question that arose during the May 13 public hearing as to whether or not the structure the owners of 520 Hillcrest Road intended or wished to place upon their lot would be prohibited if the re-zoning were adopted, advised that, having looked at the Zoning By-law which defines mobile homes and based upon the information Council had before it being a combination of the Planning staff report and that of the Planning Advisory Committee and the written and oral submissions made to the Committee and Council in this regard, it was his opinion that the structure that the owners of 520 Hillcrest Road propose to place upon their lot is not in fact a mobile home as defined in the Zoning By-law, which would mean obviously that, even if the proposed re-zoning took place which would prohibit mobile homes, the structure which the owners proposed to place on their lot was not a mobile home and therefore prohibiting mobile homes would not prohibit, as a direct consequence, the structure that they were proposing. Mr. Nugent also advised that the question then arises whether the structure proposed would be permitted by the proposed zoning classification, and the proposed classification as well as the existing classification allows for a single-family dwelling to be located and used on the land in question and, as he reads the definition of single-family dwelling as found in the Zoning By-law, the structure proposed by the owners of 520 Hillcrest Road, once it is permanently affixed to the site, becomes a single-family dwelling as defined in the Zoning By-law, a use that is permitted both in the existing and the proposed re-zoned area and, consequently, his opinion to Council is that, if the proposed re-zoning were to take place, the owners of 520 Hillcrest Road would still be permitted to place the structure proposed on that property, provided they permanently affix it to the site. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-595 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. 100-595 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning various parcels of land located along Hillcrest Road, having a range of civic numbers between 234 to 1001 inclusive, from "RS-1M" One and Two Family and Mobile Home Suburban Residential to "RS-1" 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. 100-595 A Law To Amend The Zoning By-law Of The City Of Saint John". Councillor Titus expressed the view that, as there were shortcomings in the City's Zoning By-law as it relates to mobile homes, mini homes, size, dimensions and things of that nature, this should be referred to the City Manager to see if that could be tightened up or at least explained so that it is clear to all concerned. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the City Manager. Question being taken, the motion was carried. 29. Brian Havward - Re-ZoninQ Of Hillcrest Road Properties On motion of Deputy Mayor White Seconded by Councillor Fitzpatrick RESOLVED that the letter from Brian Hayward referring to the proposed re-zoning on Hillcrest Road with respect to trailers 89-109 COMMON COUNCIL MAY 21,2002 and mini-homes and advising that, when the petition was brought to his attention, he was under the impression that it was an older unsightly trailer that was being set up, so he signed it, and now that he understands the situation he has no objection to a mini- home being put up and his name can be taken off the petition, be received and filed. Question being taken, the motion was carried. 18. 2003 Financial Forecast Consideration was given to a report from the City Manager providing a preliminary forecast of the City's 2003 financial position, the City's expenditures for 2002 being virtually the same as ten years earlier and the financial challenges in the coming year to be no less and, without changes in the revenue-generating capacity of the City, future property taxes will have to rise; looking at significant trends over the past decade from the standpoint of revenues and expenditures; and advising the assumptions on which the 2003 financial forecast was based. In terms of the future direction, the report advises that it is vital that the City look more than just one year ahead as its problem is not just a short-term issue in that, on an annual basis, revenues are increasing by only 1.5% while expenditures are experiencing increases of 2.5% to 3% largely as a result of normal inflationary increases and, if this trend continues into the future, it will be impossible to maintain services without an increase in the property tax rate, thereby emphasizing the importance of the City being provided a broader revenue-generating capacity than simply the tax base and also that, in the short term, the City must continue its efforts to rationalize service levels and ensure that long-term plans are in place to meet reasonable service expectations of the citizens at the lowest possible cost. Mr. Beckett, in highlighting the above report, noted the decrease in the unconditional grant from $29,917,420 in 1991 to $19,120,190 in 2002 and, as the City has very limited flexibility in terms of revenue generation with any shortfall ultimately having to be recovered by way of property taxes, the increase from 58.7% in 1991 to 70.8% by 2002 in the City's reliance on property taxes and as a result property assessment because that is the heart of the property tax base; and also noted the trend from 1993 to 2002 in terms of the growth in property tax assessments from $3,290,044,450 to $3,698,141,213, or 12.4%, in the 10-year period, not having kept pace with the assessment base which grew by only 12.4% or a little more than 1 % per year, and noted that residential assessments have increased at a far greater rate than commercial assessments. On the expenditure side, Mr. Beckett made the observation that the City was operating now at a budget level that was virtually the same as it was over ten years ago, with the impact of expenditure reductions seen in terms of the condition of the road and street network and the state of some of the basic infrastructure, such as the City's vehicle fleet; and, as for 2003 projections, reviewed the assumptions with respect to both expenditures and revenues which could result in a 2003 shortfall of approximately $3.2 million, representing an increase in the tax rate of approximately 8.5 cents or 5%, which could easily rise to $5.5 to $6 million if the revenue assumptions related to assessment and unconditional grant levels did not hold up; and addressed the issue of the long-term financial challenge facing the City. The Mayor advised her concern that, while the Mayor's Task Force on New Ways of Doing Business has come up with some ideas and even if Council passed every one of them, Council could still not come up with the $3.2 million shortfall; and expressed the view, as she did not see the solution for 2003 being a raise in taxes and Council could not raise $3.2 million without the help of the other two levels of government or by reducing its expenses by that amount, Council needed some outside help to review the City's operations to know whether the right level of service and the right services were being provided. Mr. Beckett spoke to the need to engage the Provincial Government, and to an extent the Federal Government through its infrastructure programs and the like, in meaningful discussions about how they would ensure that urban centres, like Saint John, increase their revenue base with broader revenue-generating capacity. The Mayor noted that the above presentation was also given to the Local MLA Caucus; and during discussion Councillor Fitzgerald spoke in support of having an independent operational review. On motion of Councillor Ball Seconded by Councillor Fitzgerald RESOLVED that Common Council immediately hire, on contract, an independent consultant and/or consulting firm to make 89-110 COMMON COUNCIL MAY 21,2002 an in-depth operational review of the entire City operation, with a final report and recommendations given directly to Council. Councillor Titus expressed the view that the motion for an operational review was premature and not fair to the City Manager and senior staff who could come back with some ideas, and Council should not spend the money on an operational review until it was absolutely sure that there were no other avenues open and its options were completely limited; and Councillor Fitzpatrick spoke on the basis of the expense of an in-depth operational review and the need for the City to increase revenue or decrease expenses in that, in his view, it came down to the political will to do so; and advised that he would not support the motion until he could be convinced what Council was after in having an operational review done. Mr. Totten asked Council to give him the opportunity to come back with some options because an operational review could be to determine what kind of job Council was doing, or be targeted to finding $3.2 million before the end of December, or having someone talk to Council about political leadership and getting a consensus of Council to build a team to do what has to be done, or Council might want to hire a facilitator to take Council through a process to form unanimity or a direction to give to staff. Councillor Fitzgerald, noting that Council did not follow through with the City Manager's budget recommendations last year, advised that he was prepared to accept the City Manager's suggestion that he come back to Council with some options and table the other issue until he did so. (Deputy Mayor White withdrew from the meeting during the above discussion.) On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the above matter be laid on the table until further resolution of Council. Councillor Fitzpatrick made the observation that this was not even an agenda item, and the motion was made with no foresight as to cost, with subsequent discussion about having the City Manager recommend how to do an outside review, and indicated that he would not support a motion in this regard until Council, as a group, had an opportunity to sit down and talk about it. Question being taken, the tabling motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Court Seconded by Councillor Fitzgerald RESOLVED that the City Manager be requested to bring back options and Council get together to offer recommendations. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the above report from the City Manager on the 2003 financial forecast be received and filed. Question being taken, the motion was carried. 20. Translation Of Bv-Iaws Consideration was given to a report from the City Solicitor advising that the Court of Appeal Decision in the Charlebois matter effectively requires municipal by- laws to be enacted in both official languages and the Province has been examining the options available to assist certain municipalities, of which Saint John is one, to achieve the consolidation, translation and enactment of existing by-laws and the City has been communicating with the Province verbally, electronically and in writing in that regard and, additionally, the Common Clerk has compiled pertinent information with respect to the City's by-laws and the enactment process that operates and the City Solicitor has also 89-111 COMMON COUNCIL MAY 21,2002 corresponded with the City Manager in this respect; and apprising Council of the most recent advice received from Provincial officials concerning this subject, the Province having convened a meeting on April 30 in Fredericton to which the fifteen municipalities identified in the Premier's January 21, 2002 announcement concerning municipal by-law translation were invited, and which he and the Common Clerk attended on behalf of the City of Saint John. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the above report from the City Solicitor be received and filed. Councillor Fitzpatrick expressed concern about the future cost to the City in the above regard, and suggested that this matter should be referred to staff to come up with some sort of cost estimate so that Council could get the magnitude of what the cost would be associated with simultaneous translation and bilingual service. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the above matter be referred to the City Manager for a cost estimate. Question being taken, the referral motion was carried. 21. Zoning By-law Amendment & Imposing Of Section 39 Conditions - 125-127 McAllister Drive On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the by-law entitled, "By-law Number C.P. 100-592 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 125-127 McAllister Drive (PID Number 307876), having an area of approximately 2.5 acres, from "P" Park to "SC" Shopping Centre classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 100-592 A Law To Amend The Zoning By-law Of the City Of Saint John", was read in its entirety. (Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the by-law entitled, "By-law Number C.P. 100-592 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 125-127 McAllister Drive (PID Number 307876), having an area of approximately 2.5 acres, from "P" Park to "SC" Shopping Centre classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the use of the site is limited to the proposed shopping centre development with a maximum floor area of approximately 20,000 square feet, (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) street access to the site is limited to the existing signalized intersection via the future extension of Majors Brook Drive, which must be constructed by the proponent, and there shall be no direct access from McAllister Drive to the site, (e) the site development must include a vehicular driveway connection with the adjacent 89-112 COMMON COUNCIL MAY 21,2002 Exhibition Park development, as generally illustrated on the submitted site plan, (f) all utilities, including power and telephone, must be provided underground, (g) prior to commencing the development, the property owner must provide an easement in favour of the City (width and location to be determined by the Chief City Engineer or his designate) for the existing municipal sewer that traverses the subject site, (h) all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the developer, including a minimum of 6 meters (20 feet) inside the lot lines abutting McAllister Drive and the future extension of Majors Brook Drive, and the landscaping must extend onto the City street right-of-way to the edge of the City curb/sidewalk, (i) 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 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 the approved site plan must be attached to the application for building permit for the development, and U) 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. Question being taken, the motion was carried. Read a third time the by-law entitled, "By-law Number C.P. 100-592 A Law To Amend The Zoning By-law Of the City Of Saint John". 22. Zoning By-law Amendment To Re-Zone 638 Centre Street On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By- law Number C.P 100-593 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 638 Centre Street (PID Number 391615), having an area of approximately 1,290 square metres (13,885 square feet), from "R-1 B One Family Residential to "R-2" One and Two Family Residential classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P 100-593 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the by-law entitled, "By-law Number C.P 100-593 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 638 Centre Street (PID Number 391615), having an area of approximately 1,290 square metres (13,885 square feet), from "R-1 B One Family Residential to "R-2" One and Two Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. Read a third time the by-law entitled, "By-law Number C.P 100-593 A Law To Amend The Zoning By-law Of The City Of Saint John". 24. 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 89-113 COMMON COUNCIL MAY 21,2002 Your Committee reports that it sat on Monday, May 13, 2002, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed and Titus, and your Committee submits the following recommendation, namely: 1, That as recommended by the City Manager, the City of Saint John acquire the fee simple interest in Lot 92-14 (PID Number 55090740), together with any rights to access Loch Lomond, from Donald M. and M. Elise Chamberlain for $20,000, plus HST (if applicable). Tuesday, May 21,2002, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 24.1. Acquisition Of Land In Loch Lomond Watershed On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the above report be received and filed and the recommendation therein be adopted. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 25. Board Of Police Commissioners Traffic At Market Place West On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the letter from the Saint John Board of Police Commissioners submitting the Saint John Police Force Traffic Division's report concerning fast-moving traffic at Market Place West, be received and filed. Question being taken, the motion was carried. 26. Environment Committee - Request To Make Presentation Re SmokinQ Bv-Iaw Consideration was given to a letter from the City of Saint John Environment Committee requesting to appear before Council to make a presentation regarding the Smoking By-law, Council having referred this issue to the Committee in April 2001 following a presentation by the Saint John High School Law 120 Class; and submitting a copy of the Committee's presentation in this regard. On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the City of Saint John Environment Committee be granted the opportunity to make a presentation regarding the Smoking By-law at a Common Council meeting in June when there are no public hearings. Question being taken, the motion was carried. 27. My Home - Our Environment Re Pesticide Risk Reduction On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the letter from My Home - Our Environment, a diverse collection of Canadian stakeholders, regarding Federal and Provincial initiatives achieving significant progress toward Canadian 89-114 COMMON COUNCIL MAY 21,2002 pesticide risk reduction; providing Council with information that will be assistance at this time of discussion about pesticides, be received and filed. Question being taken, the motion was carried. 28. W. J. Wilson - Coleson Cove Generating Plant And Choice Of Waste Products On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the letter from W. J. Wilson referring to the discussion with respect to the choice of using orimulsion or natural gas as an alternative to Bunker C presently in use at the Coleson Cove Generating Station, and bringing to Council's attention that the use of orimulsion will result in no greater air pollution and can form the basis for a valuable export industry to New Brunswick, be referred to Enterprise Saint John. The mover and seconder agreed to change their initial motion to receive and file the above letter upon Councillor Teed's suggestion that, if there was a potential for an export industry, the matter should be referred to Enterprise Saint John. Question being taken, the motion was carried. 30. carquest Canada Realty Inc. - Section 39 Amendment To Conditions Of Re-ZoninQ Of 640 McAllister Drive On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the application of Carquest Canada Realty Inc. for an amendment to the Section 39 conditions of re-zoning of 640 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 24,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 31. Jeannette Perry - Recent Boil Order On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from Jeannette Perry advising what she had to do to become informed about the recent boil order which was placed on the eastern half of the City on the basis of her view that it was surrounded by massive miscommunication, and that she trusted that, following examination of her experience with the boil order, the City would find it necessary to modify the methods by which City departments deal with public relations and communications, be referred to the City Manager for response. Question being taken, the motion was carried. Adjournment The Mayor noted the next regular meeting of Common Council scheduled for May 27,2002 commencing at 7:00 o'clock p.m., and declared the meeting adjourned. Common Clerk