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1995-09-18_Minutes 85-459 COMMON COUNCIL SEPTEMBER 18, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of September, AD. 1995, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; J. Baird, Manager, Community Planning; W. Edwards, Building Inspector; D. Logan, Purchasing Agent; G. Tait, Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that minutes of the meeting of Common Council, held on September 11, 1995, be approved. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment (b) Re-ZoninQ 121 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, an approximately 16.5-acre parcel of land at 121 Golden Grove Road (NBGIC Number 55088926 and part of NBGIC Number 301077), having a frontage of approximately 300 feet on the north side of Golden Grove Road, from Low Density Residential to Light Industrial classification; and (b) the proposed re-zoning of the same parcel of land from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, to permit the development of a multi-tenant business complex and self-storage/warehouse facilities, as requested by R. A Howe Holdings Ltd., and that no written objections were received in this regard. 3{c) Consideration was given to a report from the Planning Advisory Committee submitting copies of the Planning Department's report, a petition and a letter in opposition to, and two letters in support of the above application, considered at the Committee's September 12 meeting at which the applicant spoke in favour and Mrs. Elsie Wayne and Mr. E. J. McAfee spoke in opposition to the application; and recommending that the application be denied. Mr. William Vicars of 144 Todd Street spoke in opposition to the above- proposed re-zoning because of the property being in the flood zone. 85-460 COMMON COUNCIL SEPTEMBER 18, 1995 On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, the application of R.A. Howe Holdings Ltd. for a Municipal Plan amendment and re-zoning of property located at 121 Golden Grove Road be denied. Question being taken, the motion was carried. 4(a) Zoning By-Law Amendment To Re-Zone 835 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 835 Loch Lomond Road (a portion of NBGIC Number 313700), having a frontage of approximately 50 feet on Loch Lomond Road and a depth of approximately 215 feet, from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, to correct the discrepancy between the zone boundaries and lot lines of the property at 835 Loch Lomond Road so that the entire property will lie within a "B-2" General Business zone, as originally intended, and that no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's September 12 meeting at which Planning staff, as the City initiated the re- zoning, was present to answer any questions from the Committee and no one appeared against the proposal; and recommending that Common Council re-zone a parcel of land with frontage of approximately 50 feet on Loch Lomond Road and a depth of approximately 215 feet, being a portion of NBGIC Number 313700 located at 835 Loch Lomond Road, from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 835 Loch Lomond Road (a portion of NBGIC Number 313700), having a frontage of approximately 50 feet on Loch Lomond Road and a depth of approximately 215 feet, from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 835 Loch Lomond Road (a portion of NBGIC Number 313700), having a frontage of approximately 50 feet on Loch Lomond Road and a depth of approximately 215 feet, from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 85-461 COMMON COUNCIL SEPTEMBER 18, 1995 On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 5(a) Zoning By-Law Amendment To Re-Zone Property In WestQate Park Subdivision The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the following property at Alcorn Place in the Westgate Park Subdivision: (i) an approximately 1 ,424-square metre portion of NBGIC Number 37929 to a "B-1" Local Business zone; (ii) an approximately 1 ,524-square metre portion of NBGIC Number 37929 to an "RM-1" Three-Storey Multiple Residential zone; and (c) an approximately 1.15-hectare portion of NBGIC Number 37937 to an "RM-1" Three-Storey Multiple Residential zone, to clarify and correct errors in a by-law amendment enacted by Common Council in May 1994, and that no written objections were received in this regard. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's September 12 meeting; and recommending that Common Council amend the City of Saint John Zoning By-Law by: (a) re-zoning an approximately 1424-square metre (15,328-square foot) portion of NBGIC Number 37929 to a "B-1" Local Business zone; (b) re-zoning an approximately 1524-square metre (16,405-square foot) portion of NBGIC Number 37929 to an "RM-1" Three-Storey Multiple Residential zone; and (c) re-zoning an approximately 1.15-hectare (2.84-acre) portion of NBGIC Number 37937 to an "RM-1" Three-Storey Multiple Residential zone; and (2) the above-mentioned amendments be subject to a resolution pursuant to Section 39 of the Community Planning Act that would prohibit the development of any apartment buildings. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the following property on Alcorn Drive (formerly Alcorn Place) in Westgate Park: (a) an approximately 1424-square metre (15,328-square foot) portion of NBGIC Number 37929 to a "B-1" Local Business zone; (b) an approximately 1524-square metre (16,405-square foot) portion of NBGIC Number 37929 to an "RM-1" Three-Storey Multiple Residential zone; and (c) an approximately 1.15-hectare (2.84-acre) portion of NBGIC Number 37937 to an "RM-1" Three-Storey Multiple Residential zone, subject to a condition pursuant to Section 39 of the Community Planning Act prohibiting the development of any apartment buildings, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the following property on Alcorn Drive (formerly Alcorn Place) in Westgate Park: (a) an approximately 1424-square metre (15,328-square foot) portion of NBGIC Number 37929 to a "B-1" Local Business zone; (b) an approximately 1524-square metre (16,405-square foot) portion of NBGIC Number 37929 to an "RM-1" Three-Storey Multiple Residential zone; and (c) an approximately 1.15-hectare (2.84-acre) portion of NBGIC Number 37937 to 85-462 COMMON COUNCIL SEPTEMBER 18, 1995 an "RM-1" Three-Storey Multiple Residential zone, subject to a condition pursuant to Section 39 of the Community Planning Act prohibiting the development of any apartment buildings, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 6(a) Zoning By-Law Text Amendment 231 Churchill Boulevard The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to (i) renumber Section 520(2)(b) as Section 520(2)(b)(i); and (ii) add a new Section 520(2)(b)(ii) to read: "(ii) notwithstanding sub-clause (i), an amusement place may be located at 231 Churchill Boulevard (NBGIC #55096440).", to permit an amusement centre to be established at the Ricky's Shopping Centre, 231 Churchill Boulevard, notwithstanding that the property is located less than 90 metres from a church and community centre, as requested by Ray Dor 1988 Limited, and that no written objections were received in this regard. 6{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and a survey from the Crescent Valley Tenants Association voicing objection to the above application, which were considered at the Committee's September 12 meeting at which the solicitor for the applicant spoke in support of the application and no one appeared to speak against the proposal; and recommending that the proposed amendment to the Zoning By-Law be denied. Mr. Martin Fineberg of the law firm of Mosher Chedore appeared on behalf of the applicant in favour of the above-proposed amendment and, having noted the Planning Advisory Committee's recommendation, advised that, while his client would be willing to adhere to the Recreation Department's recommendations set out in the above-mentioned report from the Planning Department with regard to hours of operation and the minimum age requirement for individuals to gain admittance during school hours, his client would disagree with the Police Force's comments as set out in the Committee's report to the effect that extra manpower would be required to patrol the area, as it is felt that rather the opposite effect would take place as the proposal would provide a gathering place for young people and mean less time spent by the Police in order to break up crowd gatherings at the complaint of the owner of the site. Mr. Fineberg suggested that the separation requirements should be discounted as they would not be significantly violated in that, although as stated in the By-Law they would not be met, only a very small number of feet is involved and there is a very large separation between the subject site and the Church which is across the boulevard and a major intersection. Deputy Mayor Chase, referring to the conclusion of the submitted Planning staff report which indicates that there does not appear to be any extenuating circumstances which would justify an exemption from the minimum separation requirements, asked if Mr. Fineberg could offer any arguments as to extenuating circumstances that would impact upon this conclusion, to which Mr. Fineberg replied that, other than the natural inclination of a businessman trying to do business in the community by providing space available for rental which is what his client has done in trying to cover costs of ownership and operation of a strip mall located on Churchill 85-463 COMMON COUNCIL SEPTEMBER 18, 1995 Boulevard, there are no other extenuating circumstances; however, no where in the application process was the applicant made aware that extenuating circumstances had to be explained and the application form only provides for other remarks. During discussion Councillor Arthurs asked about the type of security to be put in place for identification of age, to which Mr. Fineberg replied that there would be someone working at all times that the establishment is open for business and would have the authority to ask for identification in order for someone to prove age during school hours and to ask someone to not enter or to eject someone. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, the application of Ray Dor 1988 Limited for a Zoning By- Law text amendment with regard to 231 Churchill Boulevard be denied. Question being taken, the motion was carried with Deputy Mayor Chase voting "nay". 7(a) Zoning By-Law Amendment To Re-Zone 639 & 647 Brunswick Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of two properties located at 639 and 647 Brunswick Drive (NBGIC Numbers 12609 and 15719), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, to enlarge the existing site for Romero House to permit an expansion to its clothing, kitchen and parking areas, as requested by Romero House Inc. (Soup Kitchen), and that no written objections were received in this regard. 7{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's September 12 meeting at which the applicant was in agreement with staff's recommendation; and recommending that Common Council re-zone two properties known as 639 and 647 Brunswick Drive, also identified as NBGIC Numbers 12609 and 15719, from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act requiring that the use of the addition and properties is limited to a soup kitchen and clothing distribution centre. Mrs. Carolyn McNulty, representing the Romero House Soup Kitchen, appeared before Council in support of the application on the basis that, having been in operation in the City for 15 years, the establishment has become, basically, an essential service, serving 5,000 persons a month, or approximately 290 persons a day; and explained the need for on-location space freezer space as it is now necessary to go to St. Andrews once a month to bring back the required frozen food supply, as well as to expand the clothing room as the facility now has a membership of 1900 families coming for clothing and household things; and asked for Council's support in this regard. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning two properties at 639 and 647 Brunswick Drive (NBGIC Numbers 12609 and 15719), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, subject to a condition pursuant to Section 39 of the Community Planning Act requiring that the use of the addition and properties is limited to a soup kitchen and clothing distribution centre, be read a first time. Question being taken, the motion was carried. 85-464 COMMON COUNCIL SEPTEMBER 18, 1995 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 Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning two properties at 639 and 647 Brunswick Drive (NBGIC Numbers 12609 and 15719), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, subject to a condition pursuant to Section 39 of the Community Planning Act requiring that the use of the addition and properties is limited to a soup kitchen and clothing distribution centre, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 8(a) Zoning By-Law Amendment To Re-Zone 370 Boars Head Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an approximately 2466-square metre (26,545-square foot) portion of an undeveloped property at 370 Boars Head Road (a portion of NBGIC Number 55062012), situated at the corner of Boars Head Road and Caledonia Drive, from "R-1 B" One-Family Residential to "R-2" One- and Two- Family Residential classification, to permit the construction of semi-detached dwellings or one-family dwellings, as requested by Peter and Jody Pappas, and that no written objections were received in this regard, with 8{c) a letter received from Peter and Jody Pappas requesting Council to consider their original proposal which is simply to subdivide a parcel of land fronting on Boars Head Road into three serviced lots to construct semi-detached dwellings as they are in no way interested in a joint development project suggested by the Planning Advisory Committee. 8{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its September 12 meeting at which Mr. Peter Pappas expressed support for the staff recommendation and indicated that he also wanted the Committee to approve the subdivision of the subject property into three serviced lots, and staff explained that the necessary assent for the subdivision was not being recommended at this time in order to provide an opportunity to discuss an alternative to the proposed subdivision which would require discussions with the adjacent property owner, and Mr. Bourque, an area resident, circulated letters (as submitted) from several other property owners and expressed concern regarding the bedrock on the subject property and the potential need for blasting and suggested that the proposed two-family dwellings would not be consistent with the surrounding area; advising that the Committee referred the matter back to staff in order to finalize a recommendation regarding the requested subdivision which will involve discussions among the adjacent property owner, the developer and the City; and recommending that Common Council hold the advertised public hearing but not make a decision regarding this matter until such time as the Planning Advisory Committee has provided a final recommendation. Mr. Romeo Bourque of 401 Woodward Avenue, appearing in opposition 85-465 COMMON COUNCIL SEPTEMBER 18, 1995 to the above-proposed re-zoning, advised that, when he moved to his present location, he moved into a single-family zoned area, and has made his concerns known to the Planning Advisory Committee and, while he is in favour of development in the area, he is solely in favour of single-family dwellings and the developer is seeking the re-zoning so that he can build duplex housing; and suggested that consideration should be given to heavier traffic and the lack of sidewalks on Boars Head Road. Mr. Bourque, using an overhead slide depicting the area in question, asked why, as there is room in the area for buildings of the type Mr. Pappas is proposing to build, the applicant would go into a single-family area and do a spot re-zoning; and commented on a new single-family development off Woodward Avenue being built by Mr. Pappas on the basis that the people who recently purchased property in the development had not been advised that re-zoning was about to happen in their own back yard. Mr. Peter Pappas appeared in support of his proposal to subdivide one piece of land on Boars Head Road into three lots on which to construct three semi- detached properties side by side, individual houses attached by one common lot; stated that he can guarantee everybody that there is going to be no blasting taking place on the new development that fronts on Woodward Avenue or the proposed development on Boars Head Road; and advised that, while he can certainly respect Mr. Bourque's concerns, the subject property on Boars Head Road that he is trying to re- zone has been given a recommendation from City staff and is fully consistent with the existing development on Boars Head Road and is compatible with the area, and there would be no additional traffic to Woodward Avenue as the driveways for the proposed houses in the proposed development would front onto Boars Head Road, and there are sidewalks on Boars Head Road. Mr. Pappas made the observation that there is a development directly across the street which is an "R-2" zoning, and he is asking for the same type of development to continue. On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, the application of Peter and Jody Pappas for the re- zoning of property at 370 Boars Head Road be laid on the table until such time as the Planning Advisory Committee has provided a final recommendation. Question being taken, the tabling motion was carried. 9(a) Amendment To Section 39 Conditions Of Re-ZoninQ Of 1770 Rothesay Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment of the Section 39 conditions imposed upon the 1991 re-zoning of a parcel of land at 1770 Rothesay Road (part of NBGIC Number 30119747), lying within the City of Saint John, to permit the relocation of St. James the Less Anglican Church to the subject site, as requested by St. James the Less Church, and that 9{c) a copy of a letter to the Planning Advisory Committee from Chase Sheehan, a lawyer acting on behalf of Mrs. Mavis McNichol and Mrs. Myrtle Downey, being the owners of 1750 Rothesay Road, was received in opposition to the proposal. 9{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and a letter on behalf of the adjacent property owners at 1750 Rothesay Road considered at the Committee's September 12 meeting at which a representative of the adjoining property owners appeared to voice concern regarding the proposed changes to the Section 39 conditions; and recommending that Common Council amend the Section 39 conditions imposed upon the 1991 re-zoning to "IL-1" Neighbourhood Institutional classification, a parcel of land at 1770 Rothesay Road, being that part of NBGIC Number 30119747, lying within the City of Saint John, by amending A(i) and A(ii) to read as follows: "(i) that the location of the building have a minimum side yard setback of 11.6 metres (38 feet); (ii) that a paved parking area be located no closer than 5.2 metres (17 feet) from the side property lines.". 85-466 COMMON COUNCIL SEPTEMBER 18, 1995 Mr. William J. McNichol of the law firm of Chase Sheehan appeared on behalf of Mrs. Mavis McNichol and Mrs. Myrtle Downey in opposition to the above- proposed amendment; advised that three changes have been proposed to the plan as submitted and it is his belief an agreement has now been worked out between the applicant and him as follows:- (1) the proposed set back on the southerly side, which at one time was limited to 5 feet, has now been increased to 17 feet 8 inches, with his request being that Council enforce item A(iii) of the present By-Law and require conifer trees to be planted on that strip; and (ii) with respect to a second dwelling which was left off the plan submitted to the Planning Advisory Committee, being a cottage located about 50 feet from the rear of the southerly sideline, if it is the case that the proposal is that no driveway or parking surface be permitted within 50 feet of that structure, his clients are in agreement with the proposal. Mr. Blair Roma, architect for the applicant, spoke in support of the above application, and, in concurring with the staff recommendation, advised that they are in agreement with Mr. McNichol on the two points in question and could alter the plans by providing evergreens as a buffer and there would be no drive on the south side of the Church. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 conditions imposed upon the 1991 re- zoning, to "IL-1" Neighbourhood Institutional classification, of a parcel of land at 1770 Rothesay Road, being that part of NBGIC Number 30119747 lying within the City of Saint John, by amending A(i) and A(ii) to read as follows:- "(i) that the location of the building have a minimum side yard setback of 11.6 metres (38 feet); (ii) that a paved parking area be located no closer than 5.2 metres (17 feet) from the side property lines.". Question being taken, the motion was carried. 10(a) Zoning By-Law Text Amendment Re Poster Panels The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to add the following new sub-clause (iv) to Section 840(5) of the By-Law: "(iv) notwithstanding sub-clause (i), the face of a poster panel may be increased to a maximum height of 7.4 metres, provided that the width does not exceed: 4 metres, in the case of a single panel, and 8 metres, in the case of two panels located together as a unit.", to permit a poster panel design that is taller than it is wide with a maximum height of up to 7.4 metres or such lesser height as may be deemed appropriate by Common Council, and that no written objections were received in this regard. 1 O{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of a report from the Planning Department considered at the Committee's September 12 meeting; and recommending that Common Council amend the Zoning By-law by adding the following new sub-clause (iv) to Section 840(5) of the By-Law: "(iv) notwithstanding sub-clause (i), the face of a poster panel may be increased to a maximum height of 6 metres, provided that the width does not exceed: 4 metres, in the case of a single panel, and 8 metres, in the case of two panels located together as a unit.". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding the following new sub-clause (iv) to Section 840(5) of the By-Law: "(iv) notwithstanding sub-clause (i), the face of a poster 85-467 COMMON COUNCIL SEPTEMBER 18, 1995 panel may be increased to a maximum height of 6 metres, provided that the width does not exceed: 4 metres, in the case of a single panel, and 8 metres, in the case of two panels located together as a unit.", be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding the following new sub-clause (iv) to Section 840(5) of the By-Law: "(iv) notwithstanding sub-clause (i), the face of a poster panel may be increased to a maximum height of 6 metres, provided that the width does not exceed: 4 metres, in the case of a single panel, and 8 metres, in the case of two panels located together as a unit.", be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 14. 2003 Canada Winter Games On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that the letter from Mayor McAlary submitting correspondence from the Minister of Municipalities, Culture and Housing extending an invitation to the City to bid to host the 2003 Canada Winter Games event which has been awarded to New Brunswick -- be referred to the City Manager. Question being taken, the motion was carried. 15. Mayor's Remarks Mayor McAlary advised that a voluntary community policing office will be opening at the Lions Club Centre on Newman Street between 10:00 o'clock a.m. and 10:00 o'clock p.m.; and that the Marco Polo film will be aired on CBC Television on September 22. 16. Tender For Contract 95-27 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 95-27, Manawagonish Road improvements, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $274,363.30, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 85-468 COMMON COUNCIL SEPTEMBER 18, 1995 17. Tender For Precommercial ThinninQ On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the tender of Burns Silva Inc., in the amount of $688 per hectare, be accepted for the precommercial thinning of approximately 20 hectares of the Loch Lomond watershed area. Question being taken, the motion was carried. 11. Saint John Learning Exchange October 5 Luncheon For Literacv Consideration was given to correspondence submitted by the Saint John Learning Exchange with regard to its October 5 Luncheon For Literacy. Ms. Yvonne Bradley and her "silent partner" Milo appeared before Council on behalf of the learners, staff and Board of Directors of the Saint John Learning Exchange to invite the Mayor and Councillors to purchase a ticket for the first annual Luncheon for Literacy to be held on October 5 at the Trade and Convention Centre as a fund-raising event to support education and training programs for both youth and adults at the Exchange; and Milo presented a gift to the Mayor in appreciation of her support in attending this luncheon, and distributed to Council invitations and ticket orders for this event. 18. Tender for StumpaQe Sale On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of J.D. Irving Ltd. be accepted for the construction of 1.8 kilometres of woodland access road and the harvesting of selected wood stock from approximately 25 hectares of woodland around the Spruce Lake watershed area, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 19. Tender For Supplv Of Trees On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the tender for the supply of trees be awarded to the lowest acceptable bidder in each case, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 20. Establishment Change Community Services On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the following changes be made to the City of Saint John Establishment: (1) the position of stockkeeper be deleted from the Community Services Establishment; (2) one position of Gardener be deleted, changing the number of positions from 5 to 4; (3) 2 positions of Gardener/Arborist be added to the Establishment; and (4) any future vacancies in Gardener positions be replaced with Gardener/Arborist positions. 85-469 COMMON COUNCIL SEPTEMBER 18, 1995 Question being taken, the motion was carried. 21. Enterprise Saint John 1994 Results Consideration was given to a report from the City Manager submitting a copy of the audited Financial Statements of the Greater Saint John Economic Development Commission (Enterprise Saint John) for its first year of operation ended December 31, 1994; advising that, with regard to Enterprise Saint John's earlier indication to Council that it anticipated an over-expenditure of approximately $50,000 for 1994, the Finance Department properly recorded this liability in the City's records which received Council's approval earlier this year; and submitting a recommendation with regard to the recent request for the City to reimburse Enterprise Saint John for the deficit in the amount of $49,567. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the Commissioner of Finance be authorized to pay $49,567 to Enterprise Saint John for the calendar year 1994, and Enterprise Saint John be requested to provide Council with an update on its 1995 activities in the near future. (Councillor Trites withdrew from the meeting.) The Mayor noted the intent for Enterprise Saint John to meet with Council within the next few weeks to give an update of its activities. Question being taken, the motion was carried. 22. Red Head Escarpment Failure On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager providing a chronology of events and comments on the Red Head escarpment failure from September 7 to September 14; and commenting on the future of Red Head Road which is not in any immediate danger, water and sewerage services, site security, and homes and embankment -- be received and filed. Mr. Totten made the observation that the above report brings Council up to date from the situation discussed at the last meeting, and advised that the Red Head Road is not in any immediate danger, and that staff's thrust has been to work with the residents and the other levels of government in an attempt to do what can be done to deal with a safety issue and to facilitate the movement of two or three homes and to do so as quickly as possible and, in the long-term, to address the issue of the likelihood and planning of decisions that have to be made with respect to the Red Head Road and any proposed alternative route. (Councillor Trites re-entered the meeting during the above comments.) Question being taken, the motion was carried with Councillor Vincent voting "nay". 12. Residents Of Red Head Road & Mispec - Red Head Soil Erosion Consideration was given to a letter giving notice, on behalf of residents of Red Head and Mispec, of their intention to address Council at this meeting regarding the erosion of the Red Head shore area and surrounding properties. Mayor McAlary noted the presence at the meeting of a delegation from the Red Head area. Mr. Garry Prosser of Red Head thanked those members of Common Council who attended the public meeting in the above regard on September 16 and the 85-470 COMMON COUNCIL SEPTEMBER 18, 1995 City Manager for releasing the preliminary report in advance of the September 16 meeting; and, having presented to Council a petition of 141 names (which was filed with the Common Clerk) gathered at the public meeting, advised that the present road and preserving it is the number one long-term priority, bar none; and that, while it is not the intent to interfere with the private affairs of the three affected homeowners who are involved in sensitive legal discussions at this time, it is hoped that they are compensated and will suffer no financial loss. Mr. Prosser also advised that the Red Head Affected Homeowners Trust Fund has been established at the Royal Bank; commented on the extent of the erosion to date and that anticipated in the future; and asked Council: (1) to petition the other two levels of government to initiate a plan for a breakwater and back-filling of the affected area known as the Red Head stretch and any other homes that would be affected by erosion, such a plan to be initiated as soon as possible; (2) to ask the Police Department to call in a volunteer security group until the final slide takes places either by nature or by man, and to restrict the Red Head Road to a single lane in that area until the slide takes place and all necessary, if any, roadside repairs are made; and (3) inform the Emergency Measures Organization that the disaster may be over but the emergency is only half over as it is possible that Red Head Road may have to be closed partially or totally when that final slide occurs and that, on the basis that being without access to and from homes for any length of time is not acceptable, the residents want an emergency or temporary road or a detour built now, such to be built on the power line at the rear of Harbourview Subdivision. The Mayor thanked Mr. Prosser for his presentation, expressed concern for the residents of Red Head, especially the three families affected, and advised that Council would take Mr. Prosser's comments under advisement and be back to him. 13. Uptown Saint John Inc. Upper Floor Development In BIA Mr. Charles Swanton, President of Uptown Saint John Inc., addressed the previously-submitted letter from Uptown Saint John Inc. concerning the development and use of upper floors in the Business Improvement Area (BIA) as an extremely valuable component of uptown revitalization and as an economic development tool to achieve heritage preservation; and referring to the City's Upper Floor Grant Program in that Uptown Saint John Inc. is interested in assuming a more direct role in pursuing the concept of upper floor development, specifically in administering funds designed for it, since it has the ability to manage and market the Program. During discussion Mr. Swanton advised that Uptown Saint John Inc. is not trying to take away any of the responsibility Common Council ultimately would have with respect to the Upper Floor Grant Program and it would be the intent for Uptown Saint John Inc. to make a recommendation to Council which would ultimately have the responsibility of passing out the money, with Uptown Saint John Inc. to do so through a committee on which there should be a representative from the Community Planning Branch. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the presentation by Mr. Charles Swanton, President of Uptown Saint John Inc., concerning the development and use of upper floors in the Business Improvement Area (BIA) -- be referred to the City Manager. Question being taken, the motion was carried. 23. Committee of the Whole Read the report of the Committee of the Whole (as follows) 85-471 COMMON COUNCIL SEPTEMBER 18, 1995 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on September 11, 1995, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council: (1) inform Mega Enterprises Inc. that the City is not interested in selling 40 Pokiok Road; (2) inform Mega Enterprises Inc. and its related company, Sentral Welding, that the current lease for 40 Pokiok Road will terminate on or after midnight of November 30, 1995; (3) authorize staff to tender out the demolition of the "Baler building", the removal of all debris on the site and the replacement of the old wooden fence with a chain link fence; and (4) request staff to put forth an application to re-zone the site from "1-1" Light Industrial to "P" Park classification as per the Municipal Plan. 2. That as recommended by the City Manager, the incumbents in the positions of Commissioner of Human Resources, Fire Chief and Deputy Commissioner of Finance be granted annual step adjustments on each of their anniversary dates, consistent with Council's approved Policy, entitled, "Principles For Salary Administration", approved on February 15, 1993. September 18, 1995 Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 23.1. 40 Pokiok Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 23.2. Salary Adiustments On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 24. Planning Advisory Committee - Land For Public Purposes, 1087 Old Black River Road On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, a cash-in-lieu of land for public purposes dedication be accepted for Lot 6 at the Berryman Investments Incorporated Subdivision, Phase 2, 1 087 Old Black River Road. Question being taken, the motion was carried. 85-472 COMMON COUNCIL SEPTEMBER 18, 1995 25. Solicitor General Jane Barry (a) City Line Lead Pipe Removal (b) Greendale Crescent Signage (c) PlaYQround In Area of Lowell Street On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letters from Solicitor General Jane Barry (a) relating concerns of four residences at the eastern most end of City Line with respect to the deteriorating condition of the City road and the lack of removal of lead service pipe; (b) advising of a request for signage for children playing on Greendale Crescent; and (c) advising of a request for consideration of upgrading the playground behind residences on City Line and adjacent to the Belyea Arena on Lowell Street -- be referred to the City Manager. Question being taken, the motion was carried. 26. H.C. Entertainment Co. Ltd. Amendment To Section 39 Conditions Of Re-ZoninQ 20 Prince Edward Street On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the application of H. C. Entertainment Co. Ltd. for an amendment to the Section 39 conditions of re-zoning of 20 Prince Edward Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, November 14, 1995. Question being taken, the motion was carried. 27. McAllister Place Ltd. (Tritor Developments Ltd.) Amendment To Section 39 Conditions Of Re-ZoninQ 515-519 Westmorland Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of McAllister Place Ltd. (Tritor Developments Ltd.) for an amendment to the Section 39 conditions of re-zoning of 515-519 Westmorland Road 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 Tuesday, November 14, 1995. Question being taken, the motion was carried. 28. John & Lynn Hoyt Re-ZoninQ 267 Rockland Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of John and Lynn Hoyt for the re-zoning of 267 Rockland Road 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 Tuesday, November 14, 1995. Question being taken, the motion was carried. 85-473 COMMON COUNCIL SEPTEMBER 18, 1995 29. Bav Area ReQional Trails Update Report On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Rodney J. Gillis, Co-Chairman of Bay Area Regional Trails (BART), updating Council on the trail development subsequent to the June 26 presentation to Council; advising that the group is now in the process of preparing its development program for 1996, including the concurrent development of Phase II (west) and Phase III (east) and, as both Phases require selection of a route (or routes) within City boundaries, BART would welcome the participation of the City in creating trail development partnerships and identifying suitable route options for these Phases, and Common Council may wish to identify two or more City employees to participate on the City's behalf in the Trail planning and Trail development initiatives -- be referred to the City Manager. Question being taken, the motion was carried. Adiournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk