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1996-03-25_Minutes 85-756 COMMON COUNCIL MARCH 25, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fifth day of March, A.D. 1996, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, 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; S. Lodhi, Manager, Real Estate & Facility Management; D. Logan, Purchasing Agent; G. Tait, Fire Chief; B. Fillmore, 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 Reverend Tim Davidson of the Harvest Christian Fellowship offered the opening prayer. The Mayor commented on a Canadian tour to be undertaken by the Saint John Rotary Boys Choir on April 10 to 16, 1996, and welcomed to the Council Chamber Mr. Christopher Lane, a member of the Saint John Rotary Boys Choir, who led the assembly in the singing of the National Anthem. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on March 18, 1996, be approved. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment (b) Re-ZoninQ 20 O'Brien Street 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, a property located at 20 O'Brien Street (NBGIC Number 32979), from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same property from "RM-1" Three- Storey Multiple Residential to "B-2" General Business classification, to permit the conversion of one of the apartments in the existing building to a business office, as requested by David B. Huestis, and no written objections were received in this regard. 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's March 19 meeting; and recommending that Common Council: (1) redesignate on Schedule 2-A of the Municipal Plan, from Low Density Residential to District Centre Commercial classification, a property located at 20 O'Brien Street (NBGIC Number 32979); and (2) re-zone the same property to "B-2" General Business classification. 85-757 COMMON COUNCIL MARCH 25, 1996 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a property located at 20 O'Brien Street (NBGIC Number 32979), from Low Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a property located at 20 O'Brien Street (NBGIC Number 32979), from Low Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 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 property at 20 O'Brien Street (NBGIC Number 32979), from "RM-1" Three-Storey Multiple 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 property at 20 O'Brien Street (NBGIC Number 32979), from "RM-1" Three-Storey Multiple 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. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 85-758 COMMON COUNCIL MARCH 25, 1996 4(a) Zoning By-Law Amendment To Re-Zone 742 Bav Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land measuring approximately 278 feet of street frontage and 535 feet in depth and having an area of 3.4 acres, located at 742 Bay Street (NBGIC Number 408807), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, to permit the operation of a beauty salon, as requested by Dallas and Pamela Urquhart, and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's March 19 meeting at which the applicant stated no objection to staff's recommendation; and recommending that Common Council re-zone the property located at 742 Bay Street (NBGIC Number 408807), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, subject to a Section 39 resolution requiring the following: (a) the site is to be developed in accordance with a site plan approved by the Development Officer which will illustrate landscaped areas and defined driveways; and (b) the site improvements illustrated on the plan approved in (a) shall be completed no later than September 1, 1996. 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 property located at 742 Bay Street (NBGIC Number 408807), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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 the property located at 742 Bay Street (NBGIC Number 408807), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 85-759 COMMON COUNCIL MARCH 25, 1996 5(a) Amendment To Section 39 Conditions Re-ZoninQ Of 86 MecklenburQ Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment of the conditions attached to the September 8, 1992 re-zoning of 86 Mecklenburg Street (NBGIC Number 6395), in order to consider a revised proposal to permit the licensed group care facility to increase from 9 residents to 15 residents, as requested by Sandra Lendorf / Laura Manor, and no written objections were received in this regard. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and letters considered at the Committee's March 19 meeting at which a presentation was made in support, and presentations were made by surrounding area residents, one objecting to the proposed increase in the number of residents for the group care facility and one in concern about the operation of special care homes and the care residents receive; advising that the Committee expressed concern regarding the safety for the residents, particularly those proposed to be located on the third floor in the case of fire, to which the applicant responded by describing the fire alarm system in the facility and the monthly fire excavation exercises performed by the residents and also by indicating that the residents on the third floor would be the most independent members of the facility; and recommending that the Common Council deny the subject application. Mr. Dominick Eden, Chair of the South Central Citizens Council, appeared in opposition to the proposed amendment; and concurred with the recommendation to deny the application based on the concern of the Citizens Council about the density of the use of this type of application in the area and their belief that, as there were already five such homes in the area, the residential component of the street would have to be maintained if it were the City's wish to rejuvenate the peninsula and bring people back to live Uptown. During discussion Mr. Eden explained that the Citizens Council's concern was with regard to the density of this specific project and the suitability of the house in view of the proposed increase from nine to fifteen residents, and about the effect on the property value of single-family homes in the area; and also that the Citizens Council was not directly opposed to the application but rather to suggest that it was time for Council to start looking into the property uses in the peninsula as there must be a point where the critical mass would start to deter people from wanting to live on the street because the residential character of the neighbourhood was starting to decline. Mr. Jeffrey MacDonald, Operating Manager of Laura Manor Special Care Home, speaking in support of the proposed amendment representing Ms. Sandra Lendorf, addressed the Planning Advisory Committee's concern about fire safety on the basis that the applicant was meeting all the required codes and her willingness to hook a direct link to the Fire Department if considered necessary; and explained that, as there are currently five housekeeping rooms currently on the third level, the intent would be to add five more residents, thus being a change of use rather than a structural change and, in a sense, it would be more safe for the house itself because there would be supervision, whereas if it were residential and rented to the public, the applicant would have no real control over the third floor, except for the fire system and responsibility for all fire calls on the third floor, if any. Mr. MacDonald apprised Council of the current live-in staffing arrangements at the subject property and the number of fire exits, as indicated in the information submitted with the above application, as well as on the matter of staff parking; and commented on the need for adult residential facilities for people with special needs and who require special attention. Mr. MacDonald responded to Council queries on the proposal during which time he advised that, in the case of fire, all residents are ambulatory and could get out on their own. Mr. James Glode, appearing in support of the application as a resident of the South End, advised that he toured the subject building and met with the residents thereof and, in his opinion, the City needs more facilities of this nature. 85-760 COMMON COUNCIL MARCH 25, 1996 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Laura Manor / Sandra Lendorf for a Section 39 amendment to the conditions of re-zoning of 86 Mecklenburg Street, to permit the licensed group care facility to increase from nine to fifteen residents, be approved. Councillor Fitzpatrick asked if, as it appeared that the applicant had addressed the concern about the residents' safety in the event of fire, any other concerns had been expressed, to which Mr. Baird replied that the discussion at the Planning Advisory Committee with respect to citizens not supporting the application focused on the fire safety issue on the third floor and whether or not it was appropriate to have institutional residents of a special-care nature on the third floor of the building; and advised that, having had discussions with both local fire officials and the Building Inspector since the Committee dealt with the issue, both offices confirmed that they would inspect the premises before licensing it to ensure that it meets the required codes with respect to exiting and the alarm system. Question being taken, the motion was carried with Councillor Brown voting "nay". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the correspondence regarding the above amendment be received and filed. Question being taken, the motion was carried. 6(a) Zoning By-Law Amendment To Re-Zone 172-174 Wentworth Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a property situated at 172-174 Wentworth Street (NBGIC Number 6510), from "RM-1" Three-Store Multiple Residential to "IL-1" Neighbourhood Institutional classification, to place the subject property in an institutional zoning which reflects its use in connection with the adjoining group care facility at 86 Mecklenburg Street, as requested by Sandra Lendorf, and 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 Planning staff's report and letters considered at the Committee's March 19 meeting at which support was expressed for the recommendation and presentations were made by surrounding area residents regarding a related application at 86 Mecklenburg Street that is also before Common Council at this meeting (under item 5), one in objection to the proposed increase in the number of residents for a group care facility and in concern that the proposal would adversely affect property values in the neighbourhood, and one in concern about the operation of special care homes and the care residents receive; and recommending that Common Council deny the subject application. Mr. Dominick Eden, Chair of the South Central Citizens Council, appeared in opposition to the proposed re-zoning, expressed concern about the proposed lateral expansion on the basis that there comes a point where buildings, even on a residential street, stop looking like residential buildings and start becoming institutional buildings as the character and architecture of the buildings start to suffer as a result of the needs imposed upon them because of the use; and made the observation that an institution, once it becomes so big, would require delivery of food goods by transport trucks, thus changing the whole scope of the neighbourhood. Mr. Jeffrey MacDonald, appearing in support of the application, explained that the vacant lot in question, which had been in complete rubble, now 85-761 COMMON COUNCIL MARCH 25, 1996 includes a lawn, a walkway, a designated area for garbage, a gravel driveway and a board-on-board fence, and provides an area in which the residents can enjoy the outside in an atmosphere created by the applicant. Councillor Arthurs asked, as Mr. MacDonald indicated during discussion under item 5 above that the facility did not have a waiting list, if it would be the intent eventually, should there be requests, to use the subject property on which to build another facility and extend the institution, to which Mr. MacDonald replied that they would not be incorporating any more buildings or expansion in regard to facilitating any more residents. 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 the property situated at 172-174 Wentworth Street (NBGIC Number 6510), from "RM-1" Three- Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, be read a first time. Councillor Brown advised that, although opposed to the institution becoming larger as indicated under item 5 above, he would not oppose the re-zoning as parking space will be needed, and he commended the applicant on the manner in which the amenity space has been done. 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 the property situated at 172-174 Wentworth Street (NBGIC Number 6510), from "RM-1" Three- Storey Multiple Residential to "IL-1" Neighbourhood Institutional 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. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. 7(a) Zoning By-Law Text Amendment 3701 Westfield Road, Sobey's Grand Bav ShoppinQ Centre The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to add a new Section 520(2)(a)(v) to read as follows:- "(v) notwithstanding (i) or (ii) above, a beverage room, club or lounge may be located in the Sobey's Grand Bay Shopping Centre at 3701 Westfield Road (NBGIC #55024228).", to permit a billiard parlour, licensed as a lounge under the Liquor Control Act, to be established at the Sobey's Grand Bay Shopping Centre, 3701 Westfield Road, notwithstanding that the property is located less than 150 metres from a church and "R" zone, as requested by Douglas Bundy, Sobey Leased Properties Limited, and 7{c) a letter in opposition was received 85-762 COMMON COUNCIL MARCH 25, 1996 from Lynn A. Nason, as well as 7{d) seventeen letters in support of the proposal, and a letter from Sobey Leased Properties Limited (copies of which were distributed to Council members at this meeting). 7{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's reports and letters considered at the Committee's March 19 meeting at which representatives of Sobeys Leased Properties Ltd. and Dooly's Billiard Parlours and the lessee who will be operating the proposed Dooly's franchise were present and addressed the Committee in support of the proposal, and presentations were made in opposition to the proposal; advising the details of these presentations; and recommending that Common Council (1) amend the Zoning By-Law by adding a new Section 520(2)(a)(v) to read as follows:- "(v) notwithstanding (i) or (ii) above, a beverage room, club or lounge may be located in the Sobey's Grand Bay Shopping Centre at 3701 Westfield Road (NBGIC #55024228)."; and (2) authorize the preparation and execution of an agreement between the applicant and the City of Saint John, pursuant to Section 101 of the Community Planning Act, setting out the following conditions for the operation of a beverage room, club or lounge at 3701 Westfield Road: (a) the establishment is restricted to a billiard parlour with a maximum floor area of approximately 5,000 square feet; (b) the liquor licence shall not include an entertainment licence; (c) the establishment shall include a minimum of 12 billiard tables; and (d) any change to this agreement with respect to the nature of the establishment will not be approved until after the views of the neighbouring property owners are solicited at a public meeting of the Planning Advisory Committee. Mr. Roger Gaudet, President of St. Matthew's Parish Council, appeared in opposition to the proposal and, having clarified that his was a concern not an opposition, advised that the Parish Council is not opposed to the billiard parlour lounge but rather about the entertainment license which could be approved under the Liquor Control Act should the amendment be approved without conditions; and also advised that, having met with Janice and John Patterson, the operator of the billiard parlour lounge, to express concerns, they indicated they would not be requesting an entertainment license for the subject property and would be willing to change their hours of operation on Sunday. Mr. Gaudet further advised that, based on a concern about the billiard parlour going out of business, the Parish Council would like a guarantee, if the amendment were approved, that would give neighbouring property owners protection on the type of entertainment that would be allowed in a beverage room, club or lounge at the subject property in the future; and requested Council for a guarantee that the use would not be changed without a public consultation and input on the type of entertainment that could be in that establishment and also that any new building be covered by the same agreement. Mr. John Patterson appeared in support of the application and explained that he and his wife, having looked for a couple of years to determine what type of business to enter, are of the opinion that the type of business proposed for the subject property suits them and there is a need for this type of establishment in the area; and, having acknowledged the concerns of St. Matthews Parish Council about what could happen in the future if the application were approved, suggested that clause 2(d) would provide the guarantee requested, and confirmed that he would accommodate the Parish Council's request that the working hours on Sunday be changed so the church services would be over before Dooly's opened. Mr. Patterson filed with the Common Clerk, and distributed to Council members at this time copies of, a petition of signatures showing support for the Dooly's Billiard Parlour in question; noted the above-mentioned letters of support from business owners and residents of the area; and advised that both Mayor Peter Fenwick of Grand Bay and MLA Milton Sherwood support the proposed amendment. 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 by adding a new Section 520(2)(a)(v) to read as 85-763 COMMON COUNCIL MARCH 25, 1996 follows:- "(v) notwithstanding (i) or (ii) above, a beverage room, club or lounge may be located in the Sobey's Grand Bay Shopping Centre at 3701 Westfield Road (NBGIC #55024228).", be read a first time. With regard to the concern about future use of the subject property, Mr. Baird commented on 2(d) of the Planning Advisory Committee's recommendation to the effect that, if it were Council's wish to restrict the operation to a billiard hall combination lounge, the agreement would be sufficient, but the issues of ownership and the Dooly's franchise would, generally speaking, be beyond the type of issues that would be contained in a planning agreement which would deal strictly with use as opposed to ownership or operator, although a future use as a much larger billiard parlour than that proposed would require a public notification process. Councillor Vincent asked that, prior to third reading, the appropriateness of Council dealing with this issue be examined in view of the facility bordering on two municipalities. 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 by adding a new Section 520(2)(a)(v) to read as follows:- "(v) notwithstanding (i) or (ii) above, a beverage room, club or lounge may be located in the Sobey's Grand Bay Shopping Centre at 3701 Westfield Road (NBGIC #55024228).", 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. Section 101 Agreement 3701 Westfield Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the preparation and execution of an agreement between the applicant and the City of Saint John, pursuant to Section 101 of the Community Planning Act, setting out the following conditions for the operation of a beverage room, club or lounge at 3701 Westfield Road: (a) the establishment is restricted to a billiard parlour with a maximum floor area of approximately 5,000 square feet; (b) the liquor licence shall not include an entertainment licence; (c) the establishment shall include a minimum of 12 billiard tables; and (d) any change to this agreement with respect to the nature of the establishment will not be approved until after the views of the neighbouring property owners are solicited at a public meeting of the Planning Advisory Committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 85-764 COMMON COUNCIL MARCH 25, 1996 8(a) Zoning By-Law Amendment To Re-Zone 40 Pokiok Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 40 Pokiok Road (NBGIC Number 40311), located on the south side and extending to the shore of the St. John River, from "1-1" Light Industrial to "P" Park classification, to place the subject property, being the site of the former "baler building", in a zone category which conforms to the Municipal Development Plan, and no written objections were received in this regard. 8{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter in support of the proposed re-zoning considered at the Committee's March 19 meeting at which Mr. Edwin Hughes, a property owner on Highland Road, expressed concern about the nature of the future park operation; and recommending that Common Council (1) re- zone a parcel of land at 40 Pokiok Road (NBGIC Number 40311), located on the south side of Pokiok Road and extending to the shore of the St. John River, from "1-1" Light Industrial to "P" Park classification; and (2) initiate the process to change the Municipal Plan designation and zoning of the residential properties at 32 Pokiok Road (NBGIC Number 46680),30 Pokiok Road (NBGIC Number 46672),26 Pokiok Road (NBGIC Numbers 55074280,40303 and 55097810), and 22 Pokiok Road (NBGIC Number 40295) by: (a) redesignating the properties on Schedule 2-A of the Municipal Plan from Open Space to Low Density Residential; and (b) re-zoning the properties from "1-1" Light Industrial to "R-2" One- and Two-Family Residential 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 at 40 Pokiok Road (NBGIC Number 40311), located on the south side of Pokiok Road and extending to the shore of the St. John River, from "1-1" Light Industrial to "P" Park 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 Ball 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 at 40 Pokiok Road (NBGIC Number 40311), located on the south side of Pokiok Road and extending to the shore of the St. John River, from "1-1" Light Industrial to "P" Park 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. Municipal Plan Amendment 32. 30. 26. 22 Pokiok Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council initiate the process to change the 85-765 COMMON COUNCIL MARCH 25, 1996 Municipal Plan designation and zoning of the residential properties at 32 Pokiok Road (NBGIC Number 46680),30 Pokiok Road (NBGIC Number 46672),26 Pokiok Road (NBGIC Numbers 55074280,40303 and 55097810), and 22 Pokiok Road (NBGIC Number 40295) by: (a) redesignating the properties on Schedule 2-A of the Municipal Plan from Open Space to Low Density Residential; and (b) re-zoning the properties from "1-1" Light Industrial to "R-2" One- and Two-Family Residential classification. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. 9. Municipal Plan Amendment 1060 ManawaQonish Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property at 1060 Manawagonish Road (NBGIC Number 55107205), located at the intersection of Manawagonish Road and Manchester Avenue, with a lot area of approximately 1379 square metres, from Major Institutional to District Centre Commercial classification, to permit the re-zoning of the property to a "B-2" General Business zone and subsequent construction of an office/retail building on the lot, as requested by Action Consulting Group/G. Scaplen. 11. Mavor's Remarks Mayor McAlary commended Enterprise Saint John and those persons involved in the production of a newspaper insert featuring the City of Saint John. 10. South Central Citizens Council Creation Of Waterfront Strip Park Mr. Dominick Eden, appearing on behalf of the South Central Citizens Council and reading from a previously-submitted brief, noted the proposed Crown Street retaining wall project, and requested Council's consideration of a proposal to improve the image of Saint John and the quality of life for its residents, being the creation of a waterfront strip park along Crown and Courtenay Bay by building a vertical retaining wall at the base of the hill and back-filling it level with the street, which would facilitate a pedestrian footpath along the waterfront on Crown Street, with trees and other foliage, observation areas and a small parking lot for tourists. Mr. Eden asked, as the South Central Citizens Council was involved in the City's Goals for Saint John strategic planning process, if the Citizens Council could be made aware, in advance, of future projects to be done in the area so that public consultation could be carried out. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that Council thank Mr. Dominick Eden for his presentation on behalf of the South Central Citizens Council, with regard to the creation of a waterfront strip park along Crown Street and Courtenay Bay, and refer the matter to the City Manager. Question being taken, the motion was carried. 12. Tender For Replacement Compressors On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by 85-766 COMMON COUNCIL MARCH 25, 1996 the City Manager, the tender of APV Canada Ltd., in the amount of $56,995 (plus taxes), be accepted for the supply of 2 new reciprocating compressors for the Stu Hurley Arena. Question being taken, the motion was carried. 13. Tender For Work Boots On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Schooner Industrial Products Ltd. be accepted for the establishment of a supply agreement for the provision of safety work boots, at the prices as indicated in the submitted summary of bids. Question being taken, the motion was carried. 14. Quotation - Exterior Repairs Tourist Information Centre - West On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the quote of Erb's Enterprises Ltd, in the amount of $30,294.93 (taxes included), be accepted for the exterior repairs to the Tourist Information Centre - West. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting.) 15. RepealinQ Of Indiantown Harbour Bv-Law Consideration was given to a report from the City Manager advising that the Indiantown Harbour By-Law, which was one of 11 by-laws for which third reading to repeal was given on March 11, inadvertently included an amendment, rather than the enactment, date and, because of this error, it is necessary to give all three readings again; and recommending that first and second readings be given to repeal the submitted Indiantown Harbour By-Law. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to repeal the Indiantown Harbour By-Law be read a first time. Question being taken, the motion was carried. Read a first time the by-law to repeal the Indiantown Harbour By-Law. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to repeal the Indiantown Harbour By-Law be read a second time. Question being taken, the motion was carried. Read a second time the by-law to repeal the Indiantown Harbour By- Law. (Deputy Mayor Chase withdrew from the meeting.) 85-767 COMMON COUNCIL MARCH 25, 1996 16. Re Request For Removal Of ParkinQ SiQns On Charles Street On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the report from the City Manager explaining why, further to Council's consideration on March 4 of a petition from Charles Street residents requesting the removal of parking signs, staff, having reviewed the situation, is still of the opinion that parking can only be allowed on one side of the street -- be received and filed and a copy be forwarded to the Charles Street residents concerned. Question being taken, the motion was carried. 17. Mobile Home - 600 Latimer Lake Road Consideration was given to a report from the City Manager referring to Common Council resolution of October 17, 1994 approving the temporary placement of a mobile home at 600 Latimer Lake Road; and submitting a copy of a letter from Dianne Arseneault reapplying for a permit as the mobile home was not moved because she did not get the work done to the property that was intended; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that as recommended by the City Manager, the mobile home located at 600 Latimer Lake Road be permitted to remain for an additional period of one year. Question being taken, the motion was carried. 18. Land Exchange - Crowley/Sandy Point Roads - Estate Of Walter Peacock Consideration was given to a report from the City Manager submitting a recommendation further to Council's authorization in Committee of the Whole on February 6, 1995 for staff to negotiate with the Peacock family to exchange City-owned land off Sandy Point Road. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council authorize the exchange of approximately 32 aces of land located on Crowley Road, shown as Parcel A on the submitted map, being the Estate of Walter C. Peacock, for approximately 13 acres of land located on the north side of Sandy Point Road, shown as Parcel B on the submitted map, owned by the City of Saint John, subject to the following conditions:- (a) the land is given and taken on an "as is basis"; (b) each party may at its own cost survey the land; (c) each party will at its own cost prepare and deliver a deed satisfactory to the other party; (d) each party will be responsible for property taxes up to the date of transfer of lands; and (e) the transfer of titles to be completed before June 30, 1996. Question being taken, the motion was carried. (Councillor Arthurs withdrew from the meeting due to a possible conflict of interest, and Deputy Mayor Chase re-entered the meeting.) 19. 1180 Manawagonish Road Land For Public Purposes 85-768 COMMON COUNCIL MARCH 25, 1996 Consideration was given to a report from the City Manager regarding the development of land for public purposes at 1180 Manawagonish Road, Council in 1994 having assented to a development of 44 one-storey townhouses on three private streets and Wayne Moore, the developer, having maintained an interest to not only provide land for public purposes but to also develop a large public park for the benefit of the neighbourhood; advising that the developer and City staff have explored possible ways of funding the development of the park, as well as recognizing the additional land dedication and, as the City recently adopted policies allowing developers to provide work in land for public purposes areas and be reimbursed for such work from land for public purposes funds, the developer has provided a preliminary design and cost estimate that is in accordance with these policies and would like to carry out work in a public park, as well as to vest more land than required; and submitting a recommendation in this regard. On motion of Councillor Trites Seconded by Councillor Brown RESOLVED that as recommended by the City Manager, Common Council authorize the reimbursement for the work to be carried out in the land for public purposes at 1180 Manawagonish Road (NBGIC Numbers 55101778 and 55102586), on the following conditions:- (a) the developer vests the remaining identified public land (NBGIC Number 55101778) to the City prior to commencing any work; (b) all work shall be in accordance with a detailed site plan approved by the Director of Parks; and (c) the maximum allowable reimbursement for the anticipated work not exceed $50,000. Question being taken, the motion was carried. (Councillor Arthurs re-entered the meeting.) 20. Old St. Andrews Road Closure And Sale Read a report from the City Manager submitting a recommendation further to Council's authorization in Committee of the Whole on June 26, 1995 for staff to discuss with property owners a request to close an undeveloped street right-of-way referred to as the Old St. Andrews Road. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council authorize the Common Clerk to proceed to advertise the closure of the undeveloped street referred to Old St. Andrews Road, and staff report to Council after the successful closure and subsequent tentative sale price agreement with the adjacent property owners. Question being taken, the motion was carried. 20A. Cherry Brook Zoo Consideration was given to a report from the City Manager regarding the Cherry Brook Zoo's opportunity to receive a donation from the Sir James Dunn Foundation up to $400,000 to be used for capital improvements, provided the City is prepared to make a five-year commitment toward its operating budget; and submitting a recommendation in this regard further to Council's budget deliberations last fall. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City of Saint John provide operating grants to the Cherry Brook Zoo over the next five years as follows: 1996 - $112,000; 1997 - $109,000; 1998- $105,000; 1999 - $100,000; and 2000 - $94,000. 85-769 COMMON COUNCIL MARCH 25, 1996 Question being taken, the motion was carried. 21. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on March 18, 1996, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, (a) the lease between the City of Saint John and Cafe au Lait for space in the City Market be amended to reflect an additional 165 square feet of stall rental space; (b) the City of Saint John share with Cafe au Lait the cost of leasehold improvements on an equal basis, with the City's share not to exceed $3,325; (c) the City of Saint John provide its share of leasehold improvements in the form of a rent credit on the additional 165 square feet of rental space, not to exceed $3,325, pro-rated from May - December 1996; and (d) the Mayor and Common Clerk be authorized to execute any necessary legal documents in this regard. March 25, 1996, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 21.1. Cafe Au Lait Expansion On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 22. Planning Advisory Committee Assent To Subdivision And Zoning By-Law Amendment To Re-Zone 220 Ashburn Road On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to any required public utility easements for the proposed subdivision of 220 Ashburn Road; and (2) initiate the re- zoning of two parcels of land at 220 Ashburn Road, being a portion of NBGIC Number 51698 and a portion of NBGIC Number 49486, as illustrated on the submitted location plan, from "RF" Rural to "1-2" Heavy Industrial classification, and further that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, May 6, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 85-770 COMMON COUNCIL MARCH 25, 1996 23. Planning Advisory Committee Subdivision 2905 Loch Lomond Road On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, cash-in-lieu be accepted for the land for public purposes dedication for the proposed subdivision at 2905 Loch Lomond Road. Question being taken, the motion was carried. 24. Board of Trustees Of City Of Saint John Pension Plan - 1995 Annual Report On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the 1995 Annual Report of the Board of Trustees of the City of Saint John Pension Plan be received and filed. Question being taken, the motion was carried. 25. Residents At Entrance To Kennebecasis Park/ HastinQs Cove - Extension Of City Water Line On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from four residents at the entrance to Kennebecasis Park/Hastings Cove, directly across the railroad tracks from Rothesay Road, expressing concern about the proposed extension of the City water line and the effects this line could have upon them -- 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