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1996-08-26_Minutes 86-38 COMMON COUNCIL AUGUST 26, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-sixth day of August, AD. 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; J. Nugent, 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; G. Yeomans, Acting Deputy Commissioner of Finance; J. Baird, Manager, Community Planning; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; G. Tait, Fire Chief; A Bodechon, 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 George Eves, Rector of St. John's (Stone) Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on August 12, 1996, be approved. Question being taken, the motion was carried. Mayor McAlary presented a plaque to Tom and Laurel Cormier, through whose initiative the North End Business and Residential Association was formed, for their outstanding dedication and commitment to the North End. Mayor McAlary welcomed to the Council Chamber Mrs. Frances Hatt who addressed Council on the Duke of Edinburgh Award Scheme, a challenge from Prince Philip to the youth of Canada between the ages of 14 and 25 involving various areas of leisure-time activities; and Mr. Kevin Ricketts, Regional Coordinator for the New Brunswick Division of the Duke of Edinburgh Award Scheme in Canada, and the Mayor presented Duke of Edinburgh Awards as follows:- (1) Jolene Nevers and Stacey Fielding for completion of the Bronze Level; (2) Stephen Misner for completion of the Silver Level; and (3) Karyn Lively and Matthew Hammond for completion of the Gold Level. Mrs. Hatt commented on the New Brunswick Youth Volunteer Award Program administered by the Department of Municipalities, Culture and Housing, and introduced Jolene Nevers, Amanda Donovan, Stacey Fielding, Stephen Misner, Matthew Hammond, Jennifer Morrell, Michelle Casey, Cynthia Young and Daniel Chamberlain, to whom the Mayor presented awards for their completion of a minimum of one hundred hours of volunteer work. Mrs. Hatt introduced Jamie Beddow who, accompanied by his coach Michelle Casey, will be participating in the 1997 World Winter Games for Special Olympics as part of Canada's snowshoeing team. 3(a) Municipal Plan Amendment And (b) Re-ZoninQ 2219 Loch Lomond Road The Common Clerk advised that the necessary advertising was 86-39 COMMON COUNCIL AUGUST 26, 1996 completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 9-A, the Staging Plan, approximately 33 hectares (82) acres of land at 2219 Loch Lomond Road, located along Loch Lomond Road (between civic numbers 2201 and 2281), Foriere Drive, Americo Road (undeveloped) and Graham's Brook, from Stage 2 to Unstaged classification; and (b) re-zoning approximately 31 hectares (78 acres) of land being identified as NBGIC Numbers 325043,327114,327122,447193, 447201 and 55036891, from "RS-1" One- and Two-Family Suburban Residential, "R- 1 B" One-Family Residential, "R-2" One- and Two-Family Residential and "RM-1" Three- Storey Multiple Residential to "RR" One-Family Rural Residential classification, to permit the development of a one-family unserviced rural residential subdivision with approximately 25 unserviced residential lots and new public streets, as requested by Mr. Dante Foriere, 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 the Planning staff's report and a letter regarding the above application, which were considered at the Committee's August 20 meeting at which Mr. Richard Turner of Hughes Surveys and Consultants Limited appeared for the applicant and expressed an objection to the staff recommendation to deny the application; advising that, with regard to the required Municipal Plan amendment to permit an unserviced residential subdivision to which Council has already given first and second readings on June 17 and for which the Committee previously provided a favourable recommendation, Council can give third reading when final reading is given for the requested re-zoning; and recommending that Common Council re-zone approximately 31 hectares (78 acres) of land being identified as NBGIC Numbers 325043,327114,327122,447193,447201 and 55036891, from "RS-1" One- and Two- Family Suburban Residential, "R-1 B" One-Family Residential, "R-2" One- and Two- Family Residential and "RM-1" Three-Storey Multiple Residential to "RR" One-Family Rural Residential classification. Mr. Richard Turner of Hughes Surveys and Consultants Limited, appearing in support of the proposed amendments, advised that Hughes Surveys is preparing plans and doing surveying for the proposed project and expressed the applicant's agreement with the Planning Advisory Committee recommendation. Councillor Vincent noted Planning staff's concern, as well as the concern of the Departments of Health and the Environment, about the suitability for private on- site facilities and the potential for groundwater contamination in the subject area; and expressed concern about, should Council support this application, the possibility of a future major expenditure to install municipal services in the subject area. Mr. Turner advised that, having spoken with the Department of Health on a number of occasions with respect to the above application, there has been some fairly rigorous testing on the site and, while the Department naturally expresses caution when using well and septic tanks as ideally all residences would be on a municipal system and although there are a lot of areas on the site that would require modifications for placement of the disposal beds, there are a lot of areas that are extremely good for that type of installation, and also that, with regard to those areas where water goes through the soil, by the time the roadwork is done and the ditching is in place, much of that groundwater will be taken care of and it would be an improvement over the present report. With regard to the Department of the Environment's comments, Mr. Turner advised that, having reviewed a number of Rural Residential re-zoning applications made by Hughes Surveys over the years and in speaking with the Inspector who forwarded the report to the City, these comments are the Department's shelf comments, similar to those on other such applications in that a municipal system, if it can be put in place, is the superior system; and noted the Department of Engineering's indication that municipal services are anticipated to be extended as part of the overall wastewater management strategy for the City. Mr. Baird made the observation that, although the above application is for both a Municipal Plan amendment and re-zoning and it is clear from the Planning Advisory Committee's report that the Committee supports the Municipal Plan amendment, the Committee's recommendation deals directly only with the re-zoning due to an error on the part of staff in advising the Committee as to the form of the motion 86-40 COMMON COUNCIL AUGUST 26, 1996 that should be passed; and asked that, if Council were to proceed at this time, third reading be delayed until the Planning Advisory Committee can give a recommendation with respect to the Municipal Plan amendment, which could be in two weeks time. 3{a) On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 9-A, the Staging Plan, approximately 33 hectares (82 acres) of land at 2219 Loch Lomond Road, situated along Loch Lomond Road (between civic 2201 and 2281), Foriere Drive, Americo Road (undeveloped) and Graham's Brook, from Stage 2 to Unstaged classification, be read a first time. In response to Councillors Vincent and Gould, Mr. Baird confirmed the position of the Planning staff, as indicated in the submitted report to the Planning Advisory Committee, in not supporting the application; and explained that a contributing factor to concerns expressed was the individual difficulties that specific lots or areas in the proposed subdivision may have, and also the area in question is within an area in the City that will be serviced in the future and unserviced development should take place further away from the central services. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Gould and Vincent voting "nay". 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 Waldschutz RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 9-A, the Staging Plan, approximately 33 hectares (82 acres) of land at 2219 Loch Lomond Road, situated along Loch Lomond Road (between civic 2201 and 2281), Foriere Drive, Americo Road (undeveloped) and Graham's Brook, from Stage 2 to Unstaged classification, be read a second time. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Gould and Vincent voting "nay". Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 3{b) On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 31 hectares (78 acres) of land at 2219 Loch Lomond Road (NBGIC Numbers 325043,327114,327122,447193,447201 and 55036891), from "RS-1" One- and Two-Family Suburban Residential, "R-1 B" One-Family Residential, "R-2" One- and Two-Family Residential and "RM-1" Three-Storey Multiple Residential to "RR" One- Family Rural Residential classification, be read a first time. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Gould and Vincent voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of 86-41 COMMON COUNCIL AUGUST 26, 1996 Saint John. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 31 hectares (78 acres) of land at 2219 Loch Lomond Road (NBGIC Numbers 325043,327114,327122,447193,447201 and 55036891), from "RS-1" One- and Two-Family Suburban Residential, "R-1 B" One-Family Residential, "R-2" One- and Two-Family Residential and "RM-1" Three-Storey Multiple Residential to "RR" One- Family Rural Residential classification, be read a second time. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Gould and Vincent voting "nay". 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 amendments be received and filed and Council await a further recommendation from the Planning Advisory Committee. Question being taken, the motion was carried. 4. Manawagonish Tree Preservation Committee - Truck Traffic & Trees Consideration was given to correspondence from Reverend E. Lloyd Lake of the Manawagonish Tree Preservation Committee referring to Council's meeting of July 29 at which time the matter of the Committee's request for a moratorium on tree cutting on Manawagonish Road was discussed; advising the Committee's intent to bring forward again its concern with respect to truck traffic for the protection of the children and the preservation of the trees as accidents involving heavy truck have occurred in the last few years; and commenting on the matter of liability with reference to insurance. Mr. Lake addressed Council in the above regard, noting Council's August 14, 1995 referral to the City Manager of the Committee's request for signage in the Church Street and/or Kierstead Road area of Manawagonish Road directing heavy truck traffic away from the residential area. Mr. Lake recommended that the normal driving speed for all vehicular traffic be set at 40 kilometres per hour in the area of the two schools on Manawagonish Road and that signs be placed indicating this speed, and also asked that the Committee be given the opportunity for input to the City with respect to Manawagonish Road street features, such as signs. Mr. Lake made the observation that, with reference to the designation of Manawagonish Road as a Canada Green Street and although the Federal Government was to send the City signs to this effect, such signs still have not been placed on Manawagonish Road. Mr. Lake, referring to the Committee's previous request for removal of tree supports, displayed photographs indicating the choking effect on trees of leaving supports in place for too long a period of time, as well as photographs depicting over-pruned trees, and the effect of vandalism on trees planted along Manawagonish Road in areas where there are no large trees to protect them in that only about two trees remain from the approximate twenty planted by the Committee, the latter on the basis of the Committee's recommendation for side-planting of trees in that not one of the trees that had been side-planted by large trees has been vandalized. The Mayor suggested that the signage issue should be referred to the Engineering Department for a report, and the Parks Department should be encouraged to have a good working relationship with the Committee; and during discussion Mr. Totten commented from the point of view that the Committee's previous request to Council had to do not only with signage but with Manawagonish Road being a truck 86-42 COMMON COUNCIL AUGUST 26, 1996 route, the former requiring appropriate by-law amendments, the latter requiring a solution on which the Engineering Department has been working, and advised his intent to submit a report to Council in this regard in September. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the presentation on behalf of the Manawagonish Tree Preservation Committee be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 5. Fundy Region Development Commission - 1995 Annual Report Consideration was given to a letter from Messrs. James Balcomb, General Manager, and E. Neil McKelvey, Chairman, of Fundy Region Development Commission Inc., submitting a copy of the Commission's Annual Report for the fiscal year 1995/1996; and apprising Council of the number of small business start-ups, entrepreneurs who took advantage of the free business counselling offered by the Commission, new businesses which received a government loan to start their venture with the assistance of the Commission, and firms assisted in their expansion by receiving financial assistance. Mr. McKelvey, in addressing Council in the above regard, advised the Commission's success in 1995/1996 in increasing its base of municipal support by the inclusion of Quispamsis, Fairvale, Gondola Point and Westfield, as well as Sussex Corner and Grand Manan; and commented on the relationship between the Commission and Enterprise Saint John, there being no duplication of services between the two organizations, and the Commission's completion of a 5-year plan which showed a definite need for a continuing of the Commission's business counselling services and emphasized tourist development, particularly in the development of the Fundy Experience which would have its central focus in an interpretation centre in the City. Mr. McKelvey asked Council's serious consideration of having the City become a full member of the Commission, instead of the current situation. Mr. Balcomb apprised Council with respect to growth in entrepreneurship and business start-ups in the City of Saint John during the fiscal year 1995/1996 to the effect that, of the 157 new businesses which started up across the Region and the 12 expansions, 75 of those, or approximately 45%, were in the City of Saint John itself, and St. John County received the greatest dollar amount of the three counties in repayable loans from the three Provincial programs - the Department of Economic Development and Tourism's Self-Start Program, the Department of Advanced Education's Entrepreneur Program, and the Student Venture Program. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the Annual Report of Fundy Region Development Commission Inc., for the fiscal year 1995/1996, be received and filed with appreciation. Question being taken, the motion was carried. 6. PRUDE Inc. - City Market Space Consideration was given to a letter from Mr. David Peters, President of PRUDE Inc., submitting information on PRUDE Inc.'s Aims and Objectives, Mission Statement, and its 1996-1997 Budget, Activities and Plan of Action; referring to recommendation 2.3 in the City Manager's report to Council on July 29 on the operation and maintenance of the City Market which would require PRUDE Inc. to pay rent of $15,000 per year and effectively put a stop to all its programming until such time as PRUDE were able to secure space and/or additional funding; outlining training courses and employment programs sponsored by PRUDE Inc., as well as its major priorities for the 1996/97 year; and requesting Council to vote no to the recommendation. 86-43 COMMON COUNCIL AUGUST 26, 1996 Ms. Laurie Gardner, Coordinator of PRUDE Inc., addressed Council with regard to PRUDE Inc.'s activities in and involvement with the community as a central resource for the Black Community of Saint John through social, cultural and educational programming; noted PRUDE Inc.'s tenancy in the City Market tower since 1982 and its receipt of a grant from the City of Saint John equivalent to its rent since July 1989. Ms. Gardner advised that, while realizing that budget restraint and cutbacks are necessary, an increase of $15,000 in PRUDE Inc.'s budget within a one-year span would devastate the organization in that, as its total core funding from the Department of Canadian Heritage is $26,900, in effect the City Manager's recommendation would ask PRUDE Inc. to spend over half its yearly budget on rent which is not possible for the organization; and urged Council to vote no to recommendation 2.3 of the City Manager's report to Council on July 25, 1996 on the operation and maintenance of the City Market. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the presentation on behalf of PRUDE Inc., with regard to recommendation 2.3 in the City Manager's report to Council on July 29 on the operation and maintenance of the City Market, be referred to the City Manager for further consideration and a report to Council. During discussion Ms. Gardner expressing a willingness to look at other options based on an understanding that everyone has a financial bottom line and that budgets everywhere are getting tighter, at the same time understanding that PRUDE Inc. provides a service that is necessary to the City. Question being taken, the motion was carried. 25. Minister Of State For Literacy And Adult Education Re Prude Inc. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from The Honourable Georgie M. Day, Minister of State for Literacy and Adult Education, providing support for PRUDE Inc. in its presentation to Council with respect to the City Market -- be brought forward for consideration at this time and received and filed. Question being taken, the motion was carried. The Mayor noted the delegation present at the meeting with regard to Lake Road and asked that item 18 be brought forward for consideration at this time. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that item 18 be brought forward for consideration at this time. Question being taken, the motion was carried. (Councillor Ball withdrew from the meeting as he was not present for the July 29, 1996 public hearing for the proposed Street Closing By-Law amendment with regard to Lake Road.) 18. Request To Stop Up And Close Lake Road Consideration was given to a report from the City Solicitor referring to the discussion at the August 12 Council meeting with regard to the proposed stopping up 86-44 COMMON COUNCIL AUGUST 26, 1996 and closing of Lake Road and the question of why Lake Road was being considered for closing; apprising Council of information resulting from a research of the history of Lake Road and his serious doubt that the original developer of Berryman Place intended Lake Road to be a public street or that the municipality has ever accepted the Road as a public street; also referring to the explanation in the report to Council dated June 26, 1995 that Mrs. Riley had requested that the City close a portion of Lake Road for the purpose of selling the land to her; and advising that, based on the substantial doubt that exists as to the public street status of Lake Road, there is similar doubt that the City would have any title to convey to Mrs. Riley if a Street Closing By-Law were enacted; and suggesting that Mrs. Riley's interest in acquiring title to a portion of Lake Road would be more effectively served if she were to apply to the Court for a Quieting of Title to that area. On motion of Councillor Vincent Seconded by Councillor Gould RESOLVED that Common Council cease the process of having third reading of the proposed Street Closing By-Law amendment with regard to Lake Road, and adopt the recommendation of the City Solicitor that Mrs. Riley's interest in acquiring title to a portion of Lake Road would be more efectively served if she were to apply to the Court for a Quieting of Title to that area. suggest to Mrs. Riley that her interest in acquiring title to a portion of Lake Road would be more effectively served if she were to apply to the Court for a Quieting of Title to that area. The Mayor noted both Councillors Fitzpatrick and Ball's absence from the July 29, 1996 public hearing with regard to the proposed Street Closing By-Law amendment for Lake Road. Mr. Nugent commented on the above report and his conclusion that there is serious doubt that Lake Road enjoys status as a public street and consequently that a Street Closing By-Law would be appropriate or could be applicable to this Road and his view that the evidence is much more supportive of Lake Road being a private road and, if there are interests in Lake Road enjoyed by residents of the immediate area, it is as a result of their ownership of the lots that they have, and the nature and extent of their interest is a matter between themselves and does not involve the City of Saint John; therefore, since the initiation of the process which has occurred to date was the request from Mrs. Riley, a resident of the area, to stop up and close a portion of Lake Road immediately in front of her lot and to sell that portion to her, Mrs. Riley's interest in acquiring title to the portion of Lake Road in question would be better served if she were to seek a Quieting of Title with respect to it. With regard to the timing of the Legal Department's involvement in a street closing process, Mr. Nugent advised that, although the Legal Department would get involved at some stage of the process, this particular issue has given cause to review the nature of the process followed generally and staff is tentatively proposing that, when a request is made to the City to close what is alleged to be a public street in an area not part of the original City of Saint John, if City staff cannot rather quickly confirm that the street is public, the appropriate thing to do would be to ask the person requesting the closing to provide the City with evidence that the street is public and, if unable to do so, there would not be good basis to take the matter to Council as there would be no evidence to support the process being undertaken initially. On a question of Councillors Ball and Fitzpatrick's eligibility to vote in the above regard having been absent from the public hearing, Mr. Nugent asked for clarification on the motion to which Councillor Vincent advised that the intent of the motion was to discontinue the matter of third reading and approve the City Solicitor's recommendation, whereupon Mr. Nugent expressed the opinion that, as the basis of his recommendation is that it would be inappropriate to proceed with the process and as the motion as he understands it is not a matter of third reading or denying third reading but is a motion to cease the process altogether, the motion is not based upon the public hearing but is rather a succinct motion and therefore the Councillors who were not at the public hearing could vote on the above motion. (Councillor Ball re-entered the meeting.) Question being taken, the motion was carried. 86-45 COMMON COUNCIL AUGUST 26, 1996 19. Street Closing By-Law Amendment - Lake Road On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that third reading of the proposed Street Closing By-Law amendment with respect to Lake Road be received and filed. Question being taken, the motion was carried. 31. Letters In Opposition To Lake Road Closure On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from Eileen Hannah and Carol McNally for the residents opposed to the closure and sale of Lake Road, submitting letters in this regard -- be brought forward for consideration at this time and received and filed. Question being taken, the motion was carried. 7. Mavor's Remarks Mayor McAlary noted the City's participation in the Communities In Bloom Program, the judges having been in the City on Saturday, August 24 to visit the private and public parks, green spaces, flower gardens and so on. Mayor McAlary noted the change in name of the Region Two Hospital Corporation to the Atlantic Health Sciences Corporation. Imposition Of User Fees Free Public Libraries Councillor Arthurs expressed concern about the possible imposition of user fees in free public libraries throughout the Province, and advised of her proposal to form a coalition of representatives from New Brunswick communities and for the Mayor to forward a letter on behalf of Common Council to the appropriate Provincial officials. The Mayor suggested that, as a committee has been set up in this regard which is expected to come out with recommendations the end of August or in September, Council should discuss this matter with Mrs. Eileen Travis prior to taking action with respect to a coalition; however, a letter could be forwarded to the Province. (Councillor Vincent withdrew from the meeting.) On motion of Councillor Arthurs Seconded by Deputy Mayor Chase RESOLVED that a letter be forwarded to the appropriate Provincial officials with respect to the possible imposition of user fees at free public libraries. Question being taken, the motion was carried. 8. Terms For City Boards, Committees & Commissions Consideration was given to a letter from Mayor McAlary suggesting that, 86-46 COMMON COUNCIL AUGUST 26, 1996 as Council does not have a policy in place to limit the number of years committee members can serve on a particular committee, Council should develop terms for its boards, committees and commissions so that citizens are appointed with various lengths of terms so that continuity will continue on them; advising that this issue was discussed by the Nominating Committee at its last meeting and received favourable adoption pending the desire of Common Council and approval from the Legal Department; and proposing that Council adopt a resolution in principle to have a policy that board, committee and commission members be appointed for a three-year term and will not be permitted to serve more than two consecutive terms, which would mean that no one member would serve for more than six years without stepping down for one term, and that this resolution be referred to the Legal Department for the necessary action to be taken to have the boards, committees and commissions comply. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the Legal Department to determine the commissions, boards and committees on which Council can act if it so chooses to set terms of membership, and which would require a change in legislation. (Councillor Vincent re-entered the meeting.) Councillor Knibb expressed opposition to the above motion on the basis of (1) his belief that persons do not necessarily become stagnant if they sit too long on a committee; (2) the difficulty of enacting changes through the Provincial Legislature which would be the case for the Saint John Harbour Bridge Authority, The Market Square Corporation, the Parking Commission, the Saint John Board of Police Commissioners, and possibly the Harbour Station Commission; and (3) the Nominating Committee's ability to recommend to Council the removal of persons from committees, commissions and boards. Question being taken, the motion was carried with Councillor Knibb voting "nay". 9. Notice Of Motion - Capital FinancinQ Her Worship the Mayor gave the following Notice of Motion:- "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution, namely:- RESOLVED that occasion having arisen in the public interest of the following public civic works and needed civic improvements, that is to say: GENERAL FUND General Government: Human Resource Information System $114,473 Protective Services: City Hall Communication Centre $56,191; Fire Station #1 $23,881; Fire Station #8 $98,326; Police Station Central $37,878; Trunk Radio System $1,340,175 -- $1,556,451 Transportation Services: Boars Head Road $58,731; Braemar Drive $25,953; Brunswick Drive $27,633; Burpee Avenue $48,353; Chipman Street $27,594; Cranston Avenue $175,518; Crown Street $58,426; Daniel Avenue $38,018; Duke Street (C) $129,571; Fundy Drive $70,014; Germain Street (C) $54,664; Greystone Terrace $48,247; Kennebecasis Drive $60,370; King Street East $31,058; King Street (C) $50,011; Lancaster Avenue $99,318; Lancaster Street $43,608; Local Drainage $46,227; Milford Road $157,403; Molson Avenue $48,097; Mount Pleasant Avenue $80,848; O'Brien Street $62,619; Ontario Street $70,162; Park Avenue $105,585; Pine Avenue (Martinon) $29,701; Ridge Row 86-47 COMMON COUNCIL AUGUST 26, 1996 $122,374; Shillington Road $53,327; Somerset Street $73,219; Spring Street $39,005; St. George Street $21,706; St. James Street (W) $21,083; Summer Street (W) $99,219; Sydney Street $106,326; Wallace Court $43,858; Winslow Street $62,627; Works West Depot $37,877 -- $2,328,350 Environmental Health: Spruce Lake Landfill Site -- $566,277 Environmental Development: Harbour Station Stairs -- $211,106 Recreation and Culture: Simonds Arena -- $25,343 Public Transit: Saint John Transit -- $648,000 TOTAL GENERAL FUND $5,450,000 WATER & SEWERAGE UTILITY Water System: Brunswick Drive $55,401; Chesley Drive $51,395; Dead Ends $24,056; Fire Hydrant Relocation $15,732; Harding Street (C) $46,032; Kennebecasis Drive $4,516; King's Square (N) $46,666; Lansdowne Avenue $91,109; Lead Services $103,198; Milford Road $89,278; Molson Avenue $88,973; Pump Stations $6,066; Rothesay Avenue $12,657; SCADA System $86,815; Spring Street $81,942; Spruce Lake $68,886; Sydney Street $69,668; Trunk Radio $59,821; Water Shed $33,032; Westmorland Road $61,965 -- $1,097,208 Sewer System: Brunswick Drive $66,313; CAD System $9,560; Harding Street (C) $92,698; King's Square (N) $65,253; Lansdowne Avenue $96,221; Milford Road $22,876; Molson Avenue $134,069; SCADA System 33,509; Sewer Laterals $101,431; Sewer Pipe $5,672; Spring Street $116,519; Sydney Street $62,245; Trunk Radio $59,821; Victoria Street (C) $8,959; Infrastructure Program $487,907; Wastewater Pump Station $53,466; Wastewater Sewage Treatment Plant $36,273 -- $1,452,792 TOTAL WATER & SEWERAGE UTILITY $2,550,000 TOTAL FOR ALL PURPOSES $8,000,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $8,000,000.". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the City Manager's report in the above regard be received and filed. Question being taken, the motion was carried. 10. Agreement With Lancaster Minor Hockey Association - Rental Of Stu Hurlev Arena On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council consent to enter into an agreement with the Lancaster Minor Hockey Association for the rental of the Stu Hurley Arena, under the terms and conditions outlined in the City Manager's submitted report dated August 26, 1996, and the Mayor and Common Clerk be authorized to execute all necessary documents. 86-48 COMMON COUNCIL AUGUST 26, 1996 Question being taken, the motion was carried. 11. Tender For Contract 96-8 On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, contract 96-8, City Line slope stabilization, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $173,620, as based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12. Tender For Video Sewer Inspection On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of North Eastern Pipeline T.V. Inspection, being the lowest tender received for the provision of video sewer inspection service as indicated in the submitted summary of bids, be accepted. Question being taken, the motion was carried. 13. Tender For Vehicle Modifications The Mayor called for a motion to table the above item as staff would like to discuss it further. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the City Manager's report on the tender for vehicle modifications be laid on the table for further discussion by staff. Question being taken, the tabling motion was carried. 14. Tender For PaintinQ Arenas On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of M & M Painting Ltd., in the amount of $46,490 (taxes included), be accepted to paint the structural steel areas of the Lancaster Centennial and Hilton Belyea Arenas. Question being taken, the motion was carried. 15. Municipal EnerQV Efficiencv Project Consideration was given to a report from the City Manager referring to Council's consideration on July 2 of a letter from the Environment Committee regarding its application to the Environmental Trust Fund which the Environment Minister supported in the amount of $25,000 conditional on matching funds from the City of Saint John; and submitting a copy of a letter to the Environment Committee from the Director of Policy and Intergovernmental Affairs Branch of the Department of the Environment indicating that the Department has decided that the project could proceed 86-49 COMMON COUNCIL AUGUST 26, 1996 with the City's commitment of only $15,000 in addition to "in-kind" support toward this project. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the Saint John Environment Committee be advised that Council supports the Municipal Energy Efficiency Project (MEEP) to audit municipal buildings and fleet energy consumption and the City will provide an amount of $15,000 in addition to "in-kind" support in terms of office space, computer access, telephone, stationery, etc. Question being taken, the motion was carried. 16. Seaside Lawn BowlinQ Facilitv Consideration was given to a report from the City Manager advising that, further Council's approval on July 2 of entering into an agreement with the Seaside Lawn Bowling Club to lease the lawn bowling facility in Seaside Park, the Club planned to paint the exterior of the building when its upgrading is complete; however, staff is recommending that vinyl siding be put on the building as this would not only make the building more aesthetically pleasing and complementary to the neighbourhood but would reduce the need for maintenance as well and, as the Club did not budget for this work in its project and does not have the funds available, staff is also recommending that the City finance this work; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the existing allocation of funds within the 1996 Community Services Capital Program be adjusted to provide $5,000 for the supply and installation of siding at the City-owned Seaside lawn bowling facility. Question being taken, the motion was carried. 17. Zoning By-Law Amendment To Re-Zone Properties On Central Peninsula Consideration was given to a report from the City Manager advising that, since Council's adoption of the "RM-IF" Multiple Residentiallnfill Zone in February, the Peninsula Neighbourhood Plan process has been underway and the Steering Committee fully supports the implementation of the zone and the re-zoning of the lands currently zoned "RM-1" and "RM-3" on the Central Peninsula, as shown on the submitted map; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the proposed re-zoning of those properties zoned "RM-1" and "RM-3" illustrated on the submitted map of the Central Peninsula be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, October 7, 1996. Question being taken, the motion was carried. 22. Planning Advisory Committee Section 39 Conditions For Re-ZoninQ. 459 & 460-462 Ashburn Road 86-50 COMMON COUNCIL AUGUST 26, 1996 Consideration was given to a report from the Planning Advisory Committee referring to the July 29 public hearing of the application of Alpine Motors (Michael Kueppers) for a Municipal Plan amendment and re-zoning of property at 459 and 460-462 Ashburn Road at which Council gave first and second readings but resolved that third reading not be given until Section 39 conditions were recommended by the Committee; and recommending that third reading to the re-zoning of the eastern portion of the subject property, which is situated between Ashburn Road and Highway No.1 (Saint John Throughway), identified as a portion of NBGIC Number 52720 with an area of approximately 2 hectares (4.9 acres) be subject to a resolution pursuant to Section 39 of the Community Planning Act that would include: (1) the use of the subject garage be limited to the applicant's proposed auto service repair garage and a business office in the existing dwelling; (2) the site be developed in accordance with a detailed site plan, prepared by the applicant and approved by the Development Officer, which would illustrate among other things: (a) the location of all buildings and structures; and (b) the location and extent of all paved parking areas, open storage areas, signs, landscaping and screening to be provided; and (3) no development be undertaken within that portion of the site within 12 metres (40 feet) of the West Branch of Marsh Creek. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above Section 39 recommendations be adopted and incorporated in the third reading of the proposed Zoning By-Law amendment with respect to the re-zoning of property at 459 and 460- 462 Ashburn Road under item 20(b) on the agenda of this meeting. (Councillors Ball and Fitzpatrick withdrew from the meeting as they were not present for the July 29, 1996 public hearing with respect to the proposed Municipal Plan amendment and re-zoning of 459 and 460-462 Ashburn Road.) Question being taken, the motion was carried with Councillors Brown and Gould voting "nay". 20(a) Municipal Plan Amendment And (b) Re-ZoninQ, 459 and 460-462 Ashburn Road 20{a) On motion of Councillor Trites Seconded by Councillor Knibb 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, the eastern portion of the property at 459 and 460-462 Ashburn Road, situated between Ashburn Road and Highway No.1 (Saint John Throughway), identified as a portion of NBGIC Number 52720, with an area of approximately 2 hectares (4.9 acres), from Low Density Residential to Light Industrial classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. Councillor Brown re-iterated his opposition to the proposed amendment in view of the possible interference of the proposal with a proposed entrance to the City in that area and due to the property's location in the Glen Falls flood risk area; and in the latter regard Mr. Totten agreed to provide a teach-in for Council on the Flood Risk Plan. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried with Councillors Brown and Gould voting "nay". 20{b) 86-51 COMMON COUNCIL AUGUST 26, 1996 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-419 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the eastern portion of the property at 459 and 460-462 Ashburn Road, situated between Ashburn Road and Highway No.1 (Saint John Throughway), identified as a portion of NBGIC Number 52720, with an area of approximately 2 hectares (4.9 acres), from "RS-2" One- and Two-Family Suburban Residential and "RF" Rural to "1-1" Light Industrial classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that the above re-zoning be subject to the following conditions pursuant to Section 39 of the Community Planning Act: (1) the use of the subject garage be limited to the applicant's proposed auto service repair garage and a business office in the existing dwelling; (2) the site be developed in accordance with a detailed site plan, prepared by the applicant and approved by the Development Officer, which would illustrate among other things: (a) the location of all buildings and structures; and (b) the location and extent of all paved parking areas, open storage areas, signs, landscaping and screening to be provided; and (3) no development be undertaken within that portion of the site within 12 metres (40 feet) of the West Branch of Marsh Creek. The by-law entitled, "By-Law Number C.P. 100-419 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillors Brown and Gould voting "nay". (Councillors Ball and Fitzpatrick re-entered the meeting.) 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 Monday, August 12, 1996, 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 Nominating Committee, Councillor Arthurs be appointed as Council's representative on the Ability Advisory Committee. 2. That as recommended by the Nominating Committee, Gordon A Thorne be appointed to the Aquatic Centre Commission for a term of three years. 3. That as recommended by the Nominating Committee, Susan Isaacs- Lubin and E. Donald McKim be appointed to the Transit Commission for a term of three years. 4. That as recommended by the Nominating Committee, Gary Faloon, William Fitzpatrick and Constance Kingston be appointed to the Art Advisory Board. 5. That as recommended by the Nominating Committee, Michael Wallace be appointed to the Preservation Review Board for a term to expire December 31, 1997. 6. That as recommended by the Nominating Committee, Mayor McAlary be re-appointed to the Fundy Region Solid Waste Commission for a term of three years. 86-52 COMMON COUNCIL AUGUST 26, 1996 7. That with regard to the submitted letter from the Cities of New Brunswick Association, Council adopt the recommendation of the Nominating Committee that Deputy Mayor Chase be appointed as Council's representative on the Association's Ad Hoc Committee on General Meetings. Respectfully submitted, August 26, 1996 (sgd.) Shirley McAlary, Saint John, N.B. C h air man. 21.1. Abilitv Advisory Committee Appointment 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. 21.2. Aquatic Centre Commission Appointment On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 21.3. Transit Commission Appointments On motion of Councillor Trites Seconded by Councillor Gould RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 21.4. Art Advisory Board Appointments On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 21.5. Preservation Review Board Appointment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 21.6. Fundy Region Solid Waste Commission Appointment On motion of Deputy Mayor Chase Seconded by Councillor Arthurs 86-53 COMMON COUNCIL AUGUST 26, 1996 RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. 21.7. Cities Of New Brunswick Association Ad Hoc Committee On General MeetinQs On motion of Councillor Gould Seconded by Councillor Waldschutz RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. 23. Planning Advisory Committee - Assent To Public Utilitv Easement 289 Point Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plan and to any required public utility easements with respect to the Florence McAllister Estate Subdivision at 289 Point Road. Question being taken, the motion was carried. 24. Solicitor General Jane Barry ParkinQ SiQns, Connors Street West On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from The Honourable Jane Barry, Solicitor General, advising that the residents of Connors Street are concerned with regard to the erection of a large number of no parking signs on their street and their proximity to their homes; and asking for dialogue with the residents in this regard -- be referred to the City Manager. Question being taken, the motion was carried. 26. Stuart Jamieson, MLA Saint John Fundy Condition Of Portion Of Loch Lomond Road On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Stuart Jamieson, MLA Saint John Fundy, expressing the view that the portion of Loch Lomond Road from Willow Grove past the Saint John Airport into Lakewood Heights is in need of paving -- be referred to the City Manager. Question being taken, the motion was carried. 27. Patricia Donovan - Chemical Use In And Around School BuildinQs On motion of Councillor Knibb 86-54 COMMON COUNCIL AUGUST 26, 1996 Seconded by Councillor Vincent RESOLVED that the letter from Ms. Patricia Donovan, President of the Quispamsis Elementary School, expressing concern about chemical use in and around school buildings; and urging Council to consider the concerns of those young citizens who cannot speak for themselves -- be referred to the Environment Committee for a report. Question being taken, the motion was carried. 28. John Hickey - Zoning By-Law Text Amendment 1150 Fairville Boulevard On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the application of Mr. John Hickey for a Zoning By-Law text amendment with regard to 1150 Fairville Boulevard be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, October 7, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 29. Daniel P. Couture Women RUQbv Plavers On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from Daniel P. Couture commenting on an item in the Canadian Press on August 14 quoting Councillor Waldschutz on the matter of women playing rugby -- be received and filed. Question being taken, the motion was carried with Councillor Brown voting "nay". 30. Fundy Senior Soccer League Re Recreational Facilities On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from the Fundy Senior Soccer League requesting that Council assist in its need to obtain adequate facilities and in better facilitating senior soccer -- be referred to the City Manager. Question being taken, the motion was carried. 32. Dante Foriere - Application For Re-ZoninQ Of 233 Lancaster Street On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Mr. Dante Foriere for the re-zoning of 233 Lancaster Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, October 7, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb adjourned. 86-55 COMMON COUNCIL AUGUST 26, 1996 Seconded by Councillor Trites RESOLVED that this meeting be Question being taken, the motion was carried. Common Clerk