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1994-10-17_Minutes 84-885 COMMON COUNCIL OCTOBER 17, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of October, A.D. 1994, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Rogers, Trites, A. Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; P. Woods, Deputy Commissioner of Finance; B. Morrison, Director of Parks; B. Steeves, Building Inspector; J. Baird, Manager- Development Division, Planning; P. Palmer, Deputy Market Clerk; J. Morrison, Deputy Fire Chief; W. Carr, Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Deputy Mayor McAlary called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on Tuesday, October 11, 1994, be approved. Question being taken, the motion was carried. 3. Municipal Plan Amendment and Re-ZoninQ Of Mark Drive Property The Common Clerk advised that the necessary advertising was completed with respect to (a) redesignating on Schedule 2-A, the Future Land Use Plan, four parcels of land located on both sides of Mark Drive, having a total area of approximately 14 acres (NBGIC Number 313155 and part of NBGIC Number 317248), from Low Density Residential to District Centre Commercial classification; and (b) re- zoning the same parcels of land from "R-2" One- and Two-Family Residential, "RS-2" One- and Two-Family Suburban Residential and "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the development of a business park servicing industrial or commercial uses, as requested by Hughes Surveys & Consultants Ltd., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising that Messrs. Gerry Webster and Rick Turner, representing the applicant, addressed the Committee at its October 12 meeting in support of the application and expressed disagreement with part 2(b) of the recommendation in the submitted report from the Planning Department, and a number of area residents attended the meeting with concerns about the proposal and traffic levels on Mark Drive; submitting copies of six letters received in this regard, and advising that the Committee decided to table the application for two weeks to give staff and the developer a further opportunity to meet to examine the possibility of a limited amount of commercial development prior to the Mark Drive realignment, as well as the option of re-zoning taking place with no provision for realignment; and recommending that the public 84-886 COMMON COUNCIL OCTOBER 17, 1994 hearing occur as advertised, but that no decision be made until the Committee is able to submit a recommendation. Mr. Douglas Brooks of 177 Mark Drive appeared in opposition to the proposed amendments on the basis of the residential zoning in place when he recently purchased his property and a possible decrease in property value of residential properties adjacent to a business park; and, in noting Planning staff's advice to the Planning Advisory Committee that the subject development should not take place until the Mark Drive realignment is completed, advised that his biggest problem at this time is that the applicant wishes to develop the subject land prior to a road realignment being completed and, if for some reason a realignment could not be completed, the present Mark Drive would become a main thoroughfare which would be very undesirable and, in addition, if the McAllister Place expansion takes place and a new road is constructed at the north end of Mark Drive, the end result would be a disaster and the local residents who moved into the area in good faith would suffer. Mr. Brooks commented on the issue of traffic increase and of large transfer trucks going through the area based on his understanding that this road is restricted to heavy traffic, and suggested that the City has more desirable places to develop business parks which would not impact on a residential area such as this proposal would. Mr. Stephen Cronk of 199 Mark Drive addressed Council in opposition to the proposed amendments; suggested that the property should remain and be used as residential; and expressed concern that, if the property is re-zoned without the proposed road and if McAllister Place were to build its road which would connect with Mark Drive, there would be three times the traffic in his area. Mr. Mark Macaulay of 555 Martha Avenue spoke in opposition to the proposed amendments on the basis of the zoning in place in the area when he purchased his property about three and a half years ago and that the proposed development would change what he had in mind when he did so; and, having noted his agreement should it be houses that were to be put in on the subject land, advised that, while his biggest argument is that the proposal would change the land to something that was not in the plans when he was looking at the map, he does not know whether or not a commercial park would be viable as he is unaware of what would be included in it and that, as it could include a bar which could create a situation such as with the Three Mile, he does not want that problem in his area because he bought into a residential area. Mr. Gerry Webster, representing Silver Falls Park Development Ltd. which is requesting the re-zoning of the subject property, appeared in support of the proposed amendments; advised that, as part of the road proposed for realignment would go through the property proposed for re-zoning, the Company has agreed to give the City the land that is necessary for the road to go through this area; and responded to the concern about traffic on the basis that Silver Falls Park did not create the traffic but rather it was created by McAllister Place, Parkway Mall and such, and that, with regard to heavy truck traffic, on the basis that this is not a truck route and, if that is a problem, the enforcement officials have to be looked to to see that it is not used as a truck route; and, respecting a concern about a bar, on the basis that the zoning requested excludes specifically any kind of alcoholic establishments such as taverns. Mr. Webster commented on why residential development on the subject land is not viable; also advised that the proposed business park would bring in things similar to what a teledirect building would be and that it would be a low-volume type centre and not a retail-commercial complex; and made the observation that the applicant disagrees with Planning staff's recommendation with respect to the road realignment as the applicant has no control over when this would be done because it has to go through several different property owners. Responding to Council queries, Mr. Webster advised that the proposal is just at the planning stage, with no businesses currently lined up, and that the vision for it is something similar to that on Crown Street which consists of a single-storey office complex, and to include businesses such as architectural and engineering firms, and that entertainment-type centres have been specifically excluded from the proposal; and Mr. Totten advised his intent to follow-up on the issue of truck traffic. 84-887 COMMON COUNCIL OCTOBER 17, 1994 Mr. Rick Turner of Hughes Surveys & Consultants Ltd. spoke in support of the application and, having noted that his Company prepared the plans for the application, commented on the zoning of the subject property prior to the beginning of the Silver Falls Park Development which he suggested staff could clarify; and made the observation that, if the plan for the subject property which was for approximately sixty residential lots were developed, sixty residential lots, in themselves, could generate a substantial amount of traffic. Mr. Turner noted Planning staff's recommendation 2(b)(ii) to the Planning Advisory Committee which would allow for no development on the property until the completion of the Mark Drive realignment was ensured, and the Committee's consideration of the applicant's request for commercial development of most of the property immediately, although scaled down, which is the subject of the discussion to go on with staff before the matter goes back to the Committee; and advised that the owner has agreed to Planning staff's recommendation 2(b)(i) relevant to land vesting in the City for realignment of Mark Drive which he would presume would be before any building permit. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, the application of Hughes Surveys & Consultants Ltd. for a Municipal Plan amendment and re-zoning of property on Mark Drive be laid on the table until the Committee is able to submit a recommendation. Question being taken, the tabling motion was carried. Deputy Mayor McAlary noted the change in format of the Council agenda in that the Mayor's remarks, which used to be on the agenda as item 3, are now placed after the public hearings based on the City Solicitor's advice that public hearings should proceed at 7:00 o'clock p.m. as advertised; and suggested that, as The Honourable Jane Barry, Solicitor General of New Brunswick, was present in the Council Chamber at this time, Council should now give her the opportunity to speak. The Honourable Jane Barry addressed Council concerning the City's funding support to the Human Development Council and the Provincial Department of Income Assistance's negotiations with the Federal Government relating to services provided by the Saint John Human Development Council, which is a Provincially- approved agency under Schedule "B" of the Canada Assistance Plan Agreement and, as such, certain of its expenditures are eligible for 50% cost sharing with the Federal Government. The Honourable Mrs. Barry presented a cheque, which Deputy Mayor McAlary received with appreciation, on behalf of Income Assistance Minister Ann Breault, in the amount of $82,243.50 representing the Federal Government's share paid to the Province relating to services provided by the Saint John Human Development Council for the period January 1, 1987 to December 31, 1992; and advised that the Province will be submitting another claim on the City's behalf for approximately $10,000 for the period January 1, 1982 to December 31, 1984. During her remarks, The Honourable Mrs. Barry noted the importance of the issue of teen pregnancy in the Saint John area, and acknowledged the Human Development Council's assistance in this regard. 4. Amendment To Section 39 Agreement Re McAllister Place, 515-519 Westmorland Road McAllister Place Limited CTritor Developments Ltd.) The Common Clerk advised that the necessary advertising was completed with regard to approving an expanded development and revised conditions associated with the Section 39 development agreement respecting McAllister Place at 515-519 Westmorland Road, to permit an expansion of up to 200,000 square feet as well as changes to the parking layout, vehicle circulation facilities (including a proposed new roadway connecting Mark Drive and McAllister Drive) and storm drainage facilities, as requested by McAllister Place Limited (Tritor Developments Ltd.), and that no written 84-888 COMMON COUNCIL OCTOBER 17, 1994 objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising that Mr. Brian Mosher attended the Committee's October 12 meeting on behalf of the applicant and expressed support for the recommendation in the submitted report from the Planning Department, and four persons addressed the Committee with concerns including storm water management, the proposed realignment of Mark Drive and the final configuration of the proposed intersections, and residents of the Mark Drive area indicated that the realignment of Mark Drive should be completed prior to the expansion of the Mall; submitting copies of four letters also received by the Committee; and recommending that Common Council authorize City staff to work with the applicant to prepare specific amendments to the existing development agreement, to permit a mall expansion and construction of a new roadway, based on the results of detailed studies to be provided by the proponent with respect to retail market, traffic and storm water management. Mr. Douglas Brooks of 177 Mark Drive appeared and advised that his main opposition to the proposed amendment relates to the roadway as, according to the above presentations on the Silver Falls Park development, it might be ten years before the road around Mark Drive comes in, and, if the roadway for McAllister Place proceeds, it would connect directly to Mark Drive which would make it a main thoroughfare and, if the by-pass did not go through, he can see a four-lane road going through the area. Mr. Stephen Cronk of 199 Mark Drive addressed Council in opposition to the above proposal as, although there is a road there now connecting McAllister Drive to Mark Drive, with an expansion of approximately 200,000 square feet, it would create much more traffic and, without the proposed roadway discussed earlier in this meeting, that would connect directly into Mark Drive and add much more traffic to it. Mr. Chris Urquhart of 55 Golden Grove Road appeared in opposition to the proposed expansion of McAllister Place and advised that his only opposition is relevant to where the storm water will go; and asked if it is the intent to add 200,000 square feet to the parking area or to the Mall itself. Mr. Brian Mosher, solicitor for the applicant, appeared in support of the proposal; and, having commented on Tritor Developments Ltd.'s background in development and as a sponsor of community events and fund-raising activities in the community, advised that it his client's intention to locate in Saint John the type of area that surrounds the Maine Mall in Portland, Maine, and the Bangor Mall in Bangor, Maine, to which Saint John people travel and shop because of the lack of that type of outlet in the City. Mr. Mosher noted that the proposed roadway would provide a more direct access between McAllister Drive and the Silver Falls development residential areas and the applicant's agreement on the need for a traffic analysis and to work with the City to determine the terms of reference for such a study, as well as the applicant's agreement to retain professional services to review the on-site sewer system; and concluded that Tritor is definitely working with the City in any way it can to facilitate the processes that are going on and that the above recommendation is acceptable to Tritor Developments Ltd. In response to Mr. Urquhart's query as to storm water, Mr. Baird advised that, while the McAllister Place proposal is outside the Flood Risk Area, there is a component of the 1988 McAllister Place enlargement which is an area that is partially a swamp and contains storm run-off and is drained in a controlled fashion into Majors Brook which flows into Marsh Creek; and that the concern in this regard is why the applicant has agreed to retain an engineering consulting firm to design an appropriate system for the handling of storm water. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the 84-889 COMMON COUNCIL OCTOBER 17, 1994 Planning Advisory Committee, Common Council authorize City staff to work with McAllister Place Limited (Tritor Developments Ltd.) to prepare specific amendments to the existing development agreement for McAllister Place at 515-519 Westmorland Road, to permit a mall expansion and construction of a new roadway, based on the results of detailed studies to be provided by the proponent with respect to retail market, traffic and storm water management. Mr. Baird, in clarifying the above recommendation in response to Councillor M. Vincent, advised that it is the intent that the expansion would be as an amendment to the agreement and that there would be specific clauses to the existing agreement so as to modify the agreement, and that, as in the present agreement there are specific clauses that limit the size of the agreement, there would have to specific amendments with respect to items such as that; and also that the key point is to prepare specific amendments to the agreement which will have to be returned to Common Council and the amendment to the agreement is the necessary portion and the key point of the above recommendation. Question being taken, the motion was carried with Councillor Rogers voting "nay". 5. Zoning By-Law Text Amendment Section 520. 170 Charlotte Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to add a new sub-clause to Section 520(2)(d) to read as follows: "notwithstanding sub-clause (i), a car sales lot may be located at 170 Charlotte Street (NBGIC #5140), to permit the operation of a car sales lot at 170 Charlotte Street, as requested by Queen Square Auto Inc., and that a letter of objection in this regard was received from Alden and Joan LeGassie. Consideration was also given to a report from the Planning Advisory Committee submitting copies of the Planning Department's report and a letter in opposition to the above amendment considered at the Committee's October 12 meeting at which Queen Square Auto Inc. was represented, as was the South Central Citizens' Council and the Power Commission of the City of Saint John; advising that the application involved two types of approval: a recommendation to Council on the Zoning By-Law amendment, and the imposition of terms and conditions by the Committee and that the Committee decided to recommend that Common Council approve the proposed amendment to the Zoning By-Law with a further recommendation that the amendment not be registered in the Registry Office (and therefore not become effective) until the site improvements are completed as set out in the conditions imposed by the Committee as follows:- (a) the number of cars displayed for sale at any one time be limited to a maximum of six; (b) landscaped islands with permanent curbs (or, alternatively, a series of raised planters) at least 1.2 metres (4 feet) in width be installed along the Charlotte Street and North Queen Square frontages so as to create two accesses along the Charlotte Street frontage and none along the North Queen Square frontage, each access with a maximum width of 9.0 metres (29.5 feet) (exclusive of the access to the right-of-way at the northern end of the property); (c) a landscaped area (or, alternatively, a raised planter) at least 1.2 metres in width be installed next to the easterly property line (except where the right-of-way and building are located and where pedestrian access to the south side of the building is needed) and permanent curbing be installed between the parking area and the landscaped area; (d) outside parking or storage of vehicles not bearing current license plates, other than new vehicles, be prohibited on the site; (e) the parking area be repaved with asphalt and delineated with driveways and parking stalls, and existing asphalt must be removed beneath the landscaped areas; (f) the storage, repair, rebuilding or parking of stock cars, or any other racing cars, be prohibited on the site; (g) all site improvements be shown on a plan, subject to the approval of the Development Officer and Preservation Review Board, and be completed prior to registration of the amendment to the Zoning By-Law; and (h) the use of railway ties for any above-ground use be prohibited; and recommending that (1) Common Council amend the City of Saint John 84-890 COMMON COUNCIL OCTOBER 17, 1994 Zoning By-Law by adding a new sub-clause to Section 520(2)(d) to read as follows: "(iii) notwithstanding sub-clause (i), a car sales lot may be located at 170 Charlotte Street (NBGIC #5140)."; and (2) the amendment not be registered and, therefore, not become effective until the site improvements are completed as set out in the conditions imposed by the Committee. Mr. Lloyd Betts, Chairman of the Zoning Committee for the South Central Citizens Council, appeared in opposition to the proposed amendment and advised that, having recently polled the Citizens Council's membership with respect to permitting a used car lot at 170 Charlotte Street, 180 were opposed and 2 were in favour and that, while the Citizens Council is inherently opposed to a used car lot at this location, it is more concerned about getting the property cleaned up, such property being within the Trinity Royal Preservation Area and an eye-sore for many years; and expressed the opinion that the placement earlier this year of used railway ties around the perimeter of the property on top of the asphalt is completely unacceptable and indicates a lack of sensitivity and respect for the surrounding neighbourhood. Mr. Betts expressed support of the Planning Advisory Committee's recommendation, and urged Council to impose that the By-Law not be registered until such time as all conditions have been met and completed to the satisfaction of the Preservation Review Board and the Development Officer as the past condition of the subject property has made this condition essential. Deputy Mayor McAlary asked about clean-up on the subject site since the property was before Council in 1992, to which Mr. Betts replied that the area in which most of the mechanical trash was thrown has been closed in and at least one, possibly two, of the windows in the old service station have been boarded up. Mr. Willem Grotenhuis, representing Queen Square Auto Inc., appeared in support of the application; and requested that Council table its decision in this regard to allow for negotiations on item (e) as the pavement issue came up at approximately noon time on Wednesday as a recommendation of the City's Engineering Department and became a condition that evening, or to table at least that part of the recommendation as he has not had a chance to fully investigate the financial impact of that nor to conduct negotiations with the property owner in respect to this. Mr. Grotenhuis made the observation that Queen Square Auto is a garage and, as such without the used car lot specifically, no requirements are placed upon the company to do any changes and that any changes that were previously imposed by Council were against Bill's Taxi Stand which is not the same as Queen Square Auto, and any improvements which have been done over the last four months have been the Company's own initiative and it is the intent to continue improvement on the property within reasonable financial capabilities. Mr. Grotenhuis advised that there would be no problem with condition (a) because six cars would be about two month's supply as the maximum of car sales intended to be sold through the lot would be about thirty units a year and, at a net contribution to the operation of approximately $200, he is looking at a return that is not going to be feasible to pay for the parking area repaving and the Company would have to front the whole thing by itself; and that, concerning condition (d), a license plate may expire while a vehicle is being repaired or sitting waiting for an issue to be resolved, such as an insurance matter, and that is a condition he cannot control; however, if the condition means no storing of wrecks or junk, he fully supports that. During discussion Mr. Grotenhuis advised that Bill's Taxi is his major customer and some of the drivers and a couple of the neighbours park their cars on the subject site; therefore, while there are more than six cars parked there, they are not for sale and, if there were six cars for sale, some of the others would have to go; and also that he has leased the site since June 1994; and Mr. Rodgers, in response to Councillor Rogers as to the legality of withholding registration of the amendment, expressed the opinion that there is no legal requirement for a specific time to do this, and it would be a matter of judgement as to when it would become an abuse of the Community Planning Act, and that the recommendation is appropriate depending on the period of time, in this case being until the site improvements are completed as set out and that it would be difficult for him to comment further on the time frame without 84-891 COMMON COUNCIL OCTOBER 17, 1994 discussing with staff the intent of the main part of the recommendation. Councillor Trites suggested that the time constraint in this case is the applicant's responsibility as, when he finishes the site work called for, the amendment would be registered and that, from that perspective, it could happen as quickly or as slowly as the applicant carries out the conditions being imposed; and also suggested that, rather than table the matter, Council should proceed with first and second readings and hold third reading until the site improvements are completed as set out. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding a new sub-clause to Section 520(2)(d) to read as follows: "notwithstanding sub-clause (i), a car sales lot may be located at 170 Charlotte Street (NBGIC #5140).", be read a first time. Question being taken, the motion was carried with Councillor Rogers voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding a new sub-clause to Section 520(2)(d) to read as follows: "notwithstanding sub-clause (i), a car sales lot may be located at 170 Charlotte Street (NBGIC #5140).", be read a second time. Question being taken, the motion was carried with Councillor Rogers voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. A motion was proposed by Councillor Knibb and seconded by Councillor Coughlan to receive and file the above correspondence. Councillor M. Vincent asked the process with respect to third reading of the above By-Law amendment bearing in mind that Council cannot amend the Planning Advisory Committee's conditions and the applicant might not be able to meet them, to which Mr. Baird replied that his understanding is that the normal process is that it would come back for third reading as there is no additional requirement for changes of conditions or a recommendation from the Planning Advisory Committee; and suggested that, if Council does not wish the matter to come back for third reading until the applicant has negotiated some changes, Council should pass a motion to suggest that third reading not be given until the applicant has come to agreement with his landlord, specifically. Councillor Rogers proposed a motion that the matter be referred back to the Planning Advisory Committee so that consultation can take place between it and the applicant to bring forth suggested alterations to the amendments that both parties can agree with and would be acceptable to Council and, at the Deputy Mayor's observation that there was a motion on the floor, the proposed motion to receive and file was withdrawn. On motion of Councillor Rogers Seconded by Councillor Chase 84-892 COMMON COUNCIL OCTOBER 17, 1994 RESOLVED that the above matter be referred to the Planning Advisory Committee for consultation with the applicant to bring forth suggested alterations to the amendments that both parties can agree with and would be acceptable to Council. Question being taken, the referral motion was carried. (Councillor Trites withdrew from the meeting.) 6. Municipal Plan Amendment & Re-ZoninQ 555 Somerset Street Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 555 Somerset Street (NBGIC Number 55090211), located within the triangle formed by Somerset Street and the two branches of Rope Walk Road, from Open Space to Light Industrial classification, to permit the re-zoning of the land from "P" Park to "1-1" Light Industrial classification and development for light industrial uses, as requested by Wm. P. Dowd & Sons Ltd. (Councillors Coughlan and M. Vincent withdrew from the meeting during the above presentation.) 7. River Road Action Team (RRAT) Proposed ReQional Landfill Site Ms. Marlene Ross, Chairperson; Ms. Carol Anne Makepeace, Co- Chairperson, and a delegation of the River Road Action Team (RRA T) were present at the meeting; and Ms. Ross, in addressing Council, outlined the reasons for the objection to the proposed Crane Mountain regional sanitary landfill site, as listed in the previously-submitted brief, so that these reasons would go on record as opposition to the location of a sanitary landfill or garbage dump in their area. During the presentation, photographs and protest sheets were circulated and displayed, along with maps, of the area in question; and Ms. Ross commented on the amount of land required based on conflicting comments made by Project Manager of Fundy SWAT David Stevens, Fundy SWAT Chairman Bill Artiss, Owen Washburn of Neill-Gunter Engineers, and two of the land owners, in that, in view of the Crane Mountain location at the intersection of Route #7 and Route #177 being only one mile away from active communities, the additional amount of 120 acres would bring the project even closer to residents. Ms. Ross asked (1) the City's policy of importation of waste from outside the region or from the United States; (2) the City's position, when hearing strong opposition from the host communities of Acamac, Martinon, Grand Bay and surrounding areas; and (3) as the Environmental Assessment proceeds, would the City of Saint John look into how these sites were chosen and, as there were 157 sites to begin with, how the Crane Mountain site became part of this. (Councillors Coughlan, Trites and M. Vincent re-entered the meeting during the above presentation.) Ms. Carol Anne Makepeace read a letter, which she advised was from the Ketepec-Morna Home and School Association, expressing its concern regarding the proposed sanitary landfill site at Crane Mountain, near Henderson Lake, because of the possibility of well contamination, the possible pollution of lakes and streams and the probability of increased rodent and wildlife population around the landfill, such as bears and coyotes, which could jeopardize the safety of children and family pets, and the fact that many of the residents have made their homes in the area because of the residential aspect and recreational opportunities available to children in natural resources; and requesting that Council take these concerns into consideration and 84-893 COMMON COUNCIL OCTOBER 17, 1994 deny any re-zoning of this area to allow for a sanitary landfill site. Deputy Mayor McAlary, Common Council representative on Fundy SWAT along with Councillor Gould, in expressing Council's concern about the location and cost of a regional landfill site, expressed the understanding that, when the Environmental Impact Assessment Study is completed, Fundy SWAT will hold a public meeting at which questions will be answered. Deputy Mayor McAlary made the observation that, if the Crane Mountain site is selected through the EIA process, it would also have to go through a re-zoning process, which would involve a public hearing; and that, while Council can listen to the Action Team's concerns, it can no make no decision at this time and has to let the process take place as it is doing right now, and also that Council has just one vote on Fundy SWAT; and noted that Council met recently with Fundy SWAT because of its concerns in this regard; and, in thanking the River Road Action Team for its presentation, expressed understanding of its concerns and advised that she and Councillor Gould would take these concerns to Fundy SWAT. During discussion, Mr. Rodgers explained, as the subject site could be before Council for re-zoning, the importance of Council beforehand in prejudging what legislative decision it would make that could only be made after the public hearing, which is why it would not be appropriate for Council to make any decision, nor give any indication, of what it would do in the future regarding the subject property with respect to re-zoning; and, in response to Ms. Ross' request for a copy of the Environmental Impact Assessment study, Deputy Mayor McAlary advised that that study is not yet public information, nor has Council received a copy of it, although she will determine at the next meeting of Fundy SWAT if copies are now available. Following a brief recess, the Council meeting resumed. 8. Uptown Saint John Inc. 1995 Corporate Plan & BudQet Mr. Charles Swanton, 1st Vice President of Uptown Saint John Inc., was present at the meeting to present the 1995 Corporate Plan and Budget; and, having noted the presence of Uptown Saint John Inc. Treasurer Brad Mitchell and General Manager Laura Johnson, commented on Uptown Saint John Inc.'s accomplishments in 1994, including streetscaping and King's Square improvements, the City Market Animation Project, parking lot improvements, directional signage, the addition of two bus shelters in the Uptown and decorative lighting; and its involvement in a monthly publication - Uptown and Around, seasonal promotional campaigns, a customer excellence program, education, as well as in publishing maps and directories in conjunction with the Saint John Parking Commission and the Saint John Corporation. Mr. Swanton circulated an Award of Merit received by Uptown Saint John at the International Downtown Association Convention in Seattle, Washington, in late September 1994, in recognition of Uptown Saint John Inc.'s ornament campaign; and noted the principles on which the 1995 Corporate Plan is built, Uptown Saint John Inc.'s mandate and its intent to focus, as its priorities, on marketing, economic development, urban design and organization themes, as explained in the previously-submitted brief. Mr. Brad Mitchell made the observation that Uptown Saint John Inc. is before Council to start the process for approval of its 1995 budget and, in reviewing Uptown Saint John Inc.'s 1995 Budget of $226,200, advised that the Business Improvement Levy has not changed and will remain at 12 cents per $100, and that its office and administration costs have remained the same and, in fact, have been reduced slightly from 1994, by moving into its new offices at 77 Germain Street with ACOA, the Board of Trade, Enterprise Saint John and other agencies and taking advantage of bulk purchasing and common usage of a copier and fax machine; and also advised that funds have been budgeted to help implementation of the Uptown Strategy and the Board looks forward to approval so work can get underway. Representatives of Uptown Saint John Inc. responded to Council queries relevant to the 1995 Budget and Corporate Plan. On motion of Councillor Knibb 84-894 COMMON COUNCIL OCTOBER 17, 1994 Seconded by Councillor M. Vincent RESOLVED that authority be granted for the necessary advertising with respect to the 1995 Budget of Uptown Saint John Inc. Question being taken, the motion was carried. 9. Mavor's Remarks Deputy Mayor McAlary proclaimed October 23 to 30 as White Ribbon Against Pornography Week, and October 23 to 29 as Block Parent Week in the City of Saint John; and expressed appreciation to the other two levels of government on the opening of newly-renovated Rifle Range Housing. Councillor Coughlan acknowledged that Mayor Higgins, at the Cities of New Brunswick Association meeting in Campbellton the past weekend, assumed the role as President of the Cities of New Brunswick Association, and will soon be taking over the chairmanship of the Fundy Region Mayors as well; Councillor Chase commented on the Children's Wish Foundation event on October 15; and Councillor Trites made the observation that the Towns of New Brunswick will be meeting in Saint John in two weeks time. 10. Temporary Approval - Mobile Home. 600 Latimer Lake Road Read a letter from the City Manager submitting a recommendation in response to the submitted letter to the Mayor and Council from Dianne Arseneault requesting to put a mini home on a lot at 600 Latimer Lake Road. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, Council approve the location of a mobile home at 600 Latimer Lake Road for a period of one year. Question being taken, the motion was carried. 11. Saint John Salvage Corps and Fire Police Cancellation of Warrant. Thomas Howell On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the warrant of Thomas Howell, for membership in the Saint John Salvage Corps and Fire Police, be cancelled. Question being taken, the motion was carried. 12. Cafe au Lait. City Market Consideration was given to a report from the City Manager advising that upon Council's direction, further to Council's tabling on October 3 of the recommendation regarding Cafe au Lait's change of location in the City Market, staff has had interviews with all applicants for space vacated in the City Market by Riptide Seafood and is again recommending that Cafe au Lait be given the space in question for the reasons outlined in the previous report as follows:- (1) the relocation would result in an additional 25 seats for the Market; (2) the relocation would assist a growing business to expand without impacting on the competition between food tenants; and (3) the space is a more visible location for the growing business; and recommending that the report tabled on October 3, 1994 be taken from the table and the recommendation adopted. 84-895 COMMON COUNCIL OCTOBER 17, 1994 On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the above matter be taken from the table: AND FURTHER that as recommended by the City Manager, (a) the lease between the City of Saint John and Cafe au Lait for stall #5 in the City Market be terminated, effective November 12, 1994; and (b) a lease be approved between the City of Saint John and Cafe au Lait for stall #8 in the City Market for a period of twenty- five and one half (25.5 months) (November 14, 1994 - December 31, 1996). Question being taken, the motion was carried. 13. Committee of the Whole Report Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Tuesday, October 11, 1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, McAlary, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, a maximum 20 foot x 130 foot portion of the City-owned lot on McKiel Street, identified as NBGIC Number 55046239, be sold to Rehabitat Inc. on the following terms and conditions:- (1) the sale price to be $9,500 plus goods and services tax; (2) the purchaser is responsible for all survey costs required to subdivide the parcel; (3) the land will be consolidated with the adjacent lands owned by the purchaser; (4) the purchaser will be permitted to complete soil testing on the site prior to the transfer of title; (5) the purchaser, as part of its development, will construct and maintain a fence between the playground and its property; (6) the purchaser agrees that it will not in the future request to purchase any additional portion of the adjacent lands from the City while they are utilized as a playground; and (7) the sale will be completed on or before November 30, 1994. 2. That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute an agreement with the Saint John Regional Exhibition Centre Commission for Venue Saint John's logo to be placed on the basketball floor at Harbour Station on the basis that the $2,000 fee is for the entire five-year period. October 17, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 13(1) Sale of Land On McKiel Street On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Councillor A. Vincent advised that he was of the belief that there was a 84-896 COMMON COUNCIL OCTOBER 17, 1994 policy not to sell park land and, in any event, the subject land should not be sold without a public tender, and that he would be voting against the motion. Councillor Rogers advised that she is against the sale of the playground land, whether it is to the subject developer or another. Moved in amendment by Councillor Rogers Seconded by Councillor Coughlan RESOLVED that part (6) of the above motion be amended by deleting the words "while they are utilized as a playground". Question being taken, the amendment to the motion was carried. Councillor Gould advised that the sale of playground land is only one of his concerns, and that he questions the wisdom of crowding all of this housing on such a small lot or area; and suggested that it should be possible to find an adequate piece of property elsewhere on which to build this very much-needed housing. Question being taken, the motion, as amended, was carried with Councillors Gould, Rogers and A. Vincent voting "nay". 13(2) Harbour Station Basketball Floor On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 14. Subdivision 6-36 HiQh RidQe Road On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the submitted photo- reduced subdivision plan of Lots 94-3 to 94-6, as well as to any required municipal services or public utility easements with respect to 6-36 High Ridge Road; (2) Common Council assent to the proposed land for public purposes with an approximate area of 683 square metres (7,352 square feet) by: (a) assenting to 610 square metres (6,565 square feet) for the required land for public purposes for Lots 94-3 to 94-6; and (b) rescinding the May 9, 1994 acceptance of cash-in-lieu for the tentatively approved Lot 94-2 in exchange for a land dedication of 73 square metres (787 square feet); (3) Common Council authorize the reimbursement of $564 to the developer for monies received for the previously-approved cash-in-lieu dedication of Lot 94-2; and (4) Common Council authorize the preparation and execution of a City/developer subdivision agreement to ensure the provision of the required work, including: (a) an overall plan showing the elevations of the proposed lots to be approved by the Chief City Engineer prior to final subdivision approval; and (b) a notation on the final subdivision plan indicating that any alteration of land on the proposed lots must be in accordance with the above-mentioned elevation plan. Question being taken, the motion was carried. 15. Subdivision 401 Westmorland Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the 84-897 COMMON COUNCIL OCTOBER 17, 1994 Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plan of Lot 94-1, as well as to any required municipal services and public utility easements, with respect to 401 Westmorland Road. Question being taken, the motion was carried. 16. Rocca Property Management Inc. Designation of Red Rose Tea BuildinQ Under Preservation Bv-Law On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from Rocca Property Management Inc. noting its option to carry out a feasibility study for the revitalization of the former Red Rose Tea property; and expressing the opinion that, at this time, the Tea building (but not the Coffee building) should be designated under the Preservation Review By-Law to ensure that the Preservation Review Board has input in the revitalization process and that the building will become eligible for more facade improvements funds under the Canada / New Brunswick Cooperation Agreement on Urban Economic Development which expires March 1995 -- be referred to the City Manager and the Preservation Review Board. Question being taken, the motion was carried. 17. Centracare Foundation Inc. Support For Skate-To-Care '95 On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Centracare Foundation Inc. concerning its fund-raising event - Moosehead Skate-To- Care '95, which is scheduled to take place at Lily Lake, Rockwood Park; and requesting that, as in the past, permission to use the Lily Lake area, Interpretation Centre and Rockwood Park Pavilion on February 3 and 4, and also (1) preparation of the ice surface; (2) plowing the Lake and campground areas, entrance and exit roads; (3) co- operation with transportation and parking strategies; (4) sleigh rides on February 4, 1995, weather permitting; (5) waiver of the Pavilion rental fees; and (6) site preparation, operation and dismantling -- be received and filed and the requests be granted and referred to the City Manager for implementation. Deputy Mayor McAlary asked that Council be advised of the cost of the City's involvement in Skate '95. Question being taken, the motion was carried. 18. Futures Planning Project Canada World Youth ProQram On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Coordinator of the Futures Planning Project, which is sponsored by the Older Parents Group of Fundy Regional Council Association for Community Living to help aging parents caring for adult sons and daughters with a mental handicap; advising of the establishment of Circles of Support as its first step toward building and securing a positive vision of the future; and asking Council's consideration of the submitted proposal between Bruce Brown and his Circle of Support for a "Friendship Ambassador" -- be referred to the City Manager. 84-898 COMMON COUNCIL OCTOBER 17, 1994 Question being taken, the motion was carried. 19. Bryan C. Freill Canada World Youth ProQram On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from Bryan C. Freill asking Council to make a donation of $200 in support of his participation in a Canada World Youth Exchange Program between Canada (British Columbia) and Hungary -- be referred to the City Manager and the Mayor. Councillor M. Vincent, in proposing the above motion, suggested that a meeting could be arranged as mentioned by Mr. Freill in his letter; and Councillor Knibb expressed the view that the above request should not be made to the City, but that Council should advertise the fact that Mr. Freill has involved himself in one year after school before he goes to university in an international field, and is looking for sponsors. Question being taken, the motion was carried with Councillor Knibb voting "nay". 20.(a) (b) Probus Club Of Saint John Fundy Region Development Commission Inc. Support Of Marco Polo Project On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letters from (a) the Probus Club of Saint John; and (b) Fundy Region Development Commission Inc., in support of the Marco Polo Project -- be received and filed and Council show its support of the Project. Question being taken, the motion was carried. 21. Harry R. Train Application For Section 39 Amendment 10-12 Glenview Avenue On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Harry R. Train for an amendment to the Section 39 conditions of re-zoning of 10-12 Glenview Avenue 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 November 28, 1994. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 84-899 COMMON COUNCIL OCTOBER 17, 1994 Common Clerk