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1996-12-02_Minutes 86-167 COMMON COUNCIL DECEMBER 2, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the second day of December, A.D. 1996, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, 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; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; D. Logan, Purchasing Agent; J. Bezanson, Heritage Planner; G. Tait, Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend James C. Fudge, Chaplain of the Saint John Police Force, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that minutes of the meeting of Common Council, held on November 25, 1996, be approved. Question being taken, the motion was carried. * Added Item The Mayor called for a motion to add to the agenda of this meeting the matter of the Fundy Region Solid Waste Commission's notice to vote to approve the 1996 Capital Budget. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the matter of the Fundy Region Solid Waste Commission's notice to vote to approve the 1996 Capital Budget, and the resolution tabled at Council's last meeting to authorize Council's representative on the Commission to support the purchase of the Crane Mountain site, be added to the agenda of this meeting for consideration as item 7 A. Question being taken, the motion was carried. 3(a) Zoning By-Law Amendment To Re-Zone 82-84 Wellesley Avenue, 114-120 Somerset Street & 121 Cranston Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 82-84 Wellesley Avenue, 114-120 Somerset Street and 121 Cranston Avenue (NBGIC Numbers 24752, 24760,24844,26195 and 26203), fronting on Wellesley Avenue, Somerset Street and Cranston Avenue, from "B-1" Local Business and "R-4" Four-Family Residential to "B-2" 86-168 COMMON COUNCIL DECEMBER 2, 1996 General Business classification, to permit development of an automotive station and retail convenience store, as requested Irving Oil Ltd., and no written objections were received in this regard. 3{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 November 26 meeting at which Mr. Sheldon IlIsley on behalf of the applicant spoke in favour of the proposal, described the proposed development, including the reasons for the three requested variances, responded to the concerns contained in the letters received from neighbouring property owners, and expressed agreement with the staff recommendation, and three neighbouring property owners spoke in opposition to the proposal; also submitting copies of three letters of objection considered by the Committee, and a fourth letter which was received too late for consideration at the November 26 meeting; and recommending that Common Council re-zone a parcel of land fronting on Wellesley Avenue, Somerset Street and Cranston Avenue, also being NBGIC Numbers 24752,24760,24844,26195 and 26203, from "B-1" Local Business and "R-4" Four-Family Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions:- (a) all parking areas, manoeuvring areas and driveway entrances must be paved with asphalt and enclosed by continuous cast-in-place concrete curbs; (b) the developer must provide site drainage facilities in a manner satisfactory to the Chief City Engineer; (c) the developer must install a concrete curb and sidewalk (dropped at driveway entrances) meeting City specifications along the entire Wellesley Avenue and Somerset Street frontages of the site; (d) all areas not occupied by buildings, structures, driveways, sidewalks and parking areas must be landscaped by the developer, and the landscaping shall extend onto the City street right-of-way to the edge of the sidewalk, and the landscaping shall include suitable fencing and/or hedging along those lot lines which abut residential properties; (e) the site must not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of buildings, structures (including freestanding sign), parking areas, driveways, landscaped areas and other site features, including those listed above, and no building permit will be issued (except for site preparation and foundation) until the site plan is approved by the Development Officer, and the approved site plan must be attached to the building permit for the development; (f) all work shown on the approved site plan must be completed within one year of approval of the building permit for the development; and (g) the hours of operation are restricted to between the hours of 7:00 a.m. and 11 :00 p.m. daily. Mr. Sheldon IlIsley appeared on behalf of the applicant in support of the above application which, he advised, would result in the development of a new concept retail outlet called pro-care plus consisting of five automotive service and repair bays, three rapid service bays for oil changes etcetera and a diagnostic bay where customers can have their cars checked out and any problems identified by the latest computerized diagnostic equipment, as well as a convenience store, a customer waiting area and a children's play area; and also advised the intent to service light vehicles only at hours of operation of 7:00 a.m. to 11 :00 p.m.. Mr. IlIsley introduced Mr. Duane Arbo of the Automotive Division who addressed Council on the new concept retail outlet in question. In response to Council queries, Mr. IlIsley advised the intent to significantly reduce the size of the current access off Somerset Street to the subject site and to use exterior lighting similar to any of the other sites the applicant has now; and expressed agreement with the above recommendation. 3{a) 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 fronting on Wellesley Avenue, Somerset Street and Cranston Avenue, also being 86-169 COMMON COUNCIL DECEMBER 2, 1996 NBGIC Numbers 24752,24760,24844,26195 and 26203, from "B-1" Local Business and "R-4" Four-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Mr. Baird, responding to a concern about traffic in the subject area in which there is a school, advised that there are school crossing guards in the area and also that, as it is now necessary for some of the larger vehicles to do some of their manoeuvring on the street at the corner of Cranston and Wellesley Avenues, the development should provide for greater flexibility with respect to movements on the site which should result in an improvement in the way large trucks unload fuels from the Refinery at this location and also that the issue of traffic on Somerset Street led to the prohibition of left-hand turns at that access. 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 Waldschutz 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 fronting on Wellesley Avenue, Somerset Street and Cranston Avenue, also being NBGIC Numbers 24752,24760,24844,26195 and 26203, from "B-1" Local Business and "R-4" Four-Family Residential to "B-2" General 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. 3{b) On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. Mayor McAlary recognized the presence at the meeting of Dr. Fred Hodges, a former member of Common Council, and Mr. Eric L. Teed, a former Mayor of the City of Saint John. 4. United Nations Association In Canada Saint John Branch Human RiQhts Dav - Nansen Medal Mr. Eric L. Teed, President of the Saint John Chapter of the United Nations Association in Canada, addressed Council on behalf of the United Nations Association, Amnesty International, the Saint John Human Rights Association, the Multicultural Association of Saint John, and the Saint John Chapter of the Canadian Citizenship Federation, concerning the observation on December 10 of Human Rights Day and concerning the 1986 award to the People of Canada of the Nansen Medal for their remarkable achievements in human rights and consideration for refugees. Mr. Teed advised that Saint John is the only City in Canada which uses the term "citizen" in its Charter; read the certificate accompanying the Nansen Medal awarded to Canada; and apprised Council of the activities planned for December 10. Mr. Mohammed Mourad, a Director of the Multicultural Association of Saint John, distributed to Council members at this time a copy of the above-mentioned certificate. 86-170 COMMON COUNCIL DECEMBER 2, 1996 8. Tender For Rental Equipment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the low tender in each case as indicated in the submitted summary of bids be accepted for the establishment of supply agreements for a period of one year for the rental of equipment on an as-and-when-needed basis. Question being taken, the motion was carried. 9. Tender For Vacuum Trucks On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of Melanson's Waste Management Inc. be accepted for the supply of vacuum trucks for a 12-month period as per the prices as indicated in the submitted summary of bids. Question being taken, the motion was carried. 10. Pre-Season Arena Use Consideration was given to a report from the City Manager submitting a copy of a previous report to Council regarding an agreement with Mr. John Yerxa for the rental of the Stu Hurley Arena during 1996; and advising of Mr. Yerxa's (Yerxa Sports Camps) request to rent the Stu Hurley Arena for a 50-day period in 1997, from June 29 to August 18 inclusive, for a three-year term beginning in 1997, and that staff is supportive of the proposal for one year only. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council consent to enter into an agreement with Mr. John Yerxa (Yerxa Sports Camps) for rental of the Stu Hurley Arena under the terms outlined in the submitted Schedule 1, and the Mayor and Common Clerk be authorized to execute all necessary documents. Question being taken, the motion was carried. 11. Proposed Amendment To GarbaQe Bv-Law On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, further to Council's consideration on July 2 of a letter from Ms. Doreen Lyons indicating that the City's Sanitation Division was not abiding by the City Garbage By-Law which requires that garbage be removed from any premises within a 7-day collection period, staff of the City's Legal Department has had an opportunity to review the language of the current By-law and is now of the opinion that Ms. Lyons is correct in that, although the Commissioner has discretion under Subsection 3(4) in establishing the collection routes and schedules, other provisions in the By-Law require him to schedule the collection of garbage at least once every 7 days for each collection route and to collect the garbage which has been put out for collection; and recommending that first and second readings be given to the submitted amendment to the Garbage By-Law to clarify language and allow the current practice of holding garbage an additional week in holiday situations -- be received and filed: 86-171 COMMON COUNCIL DECEMBER 2, 1996 AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick", be read a first time. There was discussion with regard to the possible rotation of the garbage collection schedule so that all areas of the City would at one time or another experience a one-week carry over in holiday situations, and the resultant confusion should this be done, and about the possibility of doubling the collection on the day after the holiday so that the area affected by the holiday would have garbage collection along with the regular area, which Mr. Robichaud advised would represent a cost of approximately $30,000 a year; and Councillor Brown, in suggesting that there should be fair and equal treatment given across the City, questioned enforcement of the By-Law with regard to the time and manner in which garbage is placed at the curb, and re-iterated his suggestion that weekly garbage collection should include larger items of the type that are now currently collected only once a year during clean-up week. Question being taken, the motion was carried with Councillor Brown voting "nay". Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick", be read a second time. Question being taken, the motion was carried with Councillor Brown voting "nay". Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick". 5. Preservation Review Board 1996 Annual Report, Work ProQram and BudQet For 1997 Consideration was given to a letter from the Preservation Review Board submitting its 1996 Annual Report and proposed Work Program and Budget for 1997. Mr. Robert Ring, Chairman of the Preservation Review Board, introduced Board members Messrs. Phillip Huggard, Harold Wright, Michael Wallace and Councillor Waldschutz; and Mr. Bezanson presented slides depicting the Board's activities in 1996 in areas including community outreach, awards, the publication of Practical Preservation Guidelines, the use of construction technologies, and in carrying out projects, such as brick repointing, the new parking lot on Canterbury Street and new granite steps at Trinity Church. Mr. Ring advised the Board's intent to focus on two initiatives in 1997 - heritage strategy and community outreach. Responding to Councillor Waldschutz, Mr. Bezanson apprised Council of a proposed Preservation By-Law amendment relevant to the advertising of a heritage building for sale, and Mr. Edwards commented on by-law enforcement in the heritage area. On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that the 1997 Budget of the Preservation Review Board be referred to the City Manager for consideration during the 86-172 COMMON COUNCIL DECEMBER 2, 1996 1997 budget discussions. Question being taken, the motion was carried. 6. Local Airport Review Committee Read a letter from Mayor McAlary advising that Mr. Lino Celeste, Chairman of the Local Airport Review Committee, would at this meeting be providing Council with an update on the status of the Saint John Airport restructuring as mandated by the Federal Government. Mr. Lino Celeste reviewed the background in the above regard commencing in 1994 with Transport Canada's decision to get out of the airport business and the instruction by the Transport Minister for all of the airports in the process to reduce their deficits to zero within five years, and his involvement in the process through a Committee of the Saint John Board of Trade in incorporating a company to run the Airport. Mr. Celeste, noting his August 14, 1995 presentation to Council in this regard, advised of the Committee's success in reaching agreement to incorporate under the New Brunswick Business Corporations Act, rather than the Federal Business Corporations Act as proposed by the Federal Government, and his intent to submit to the City Solicitor a document to be approved by Council which would indicate Council's satisfaction with the method of selecting the directors of the company. Mr. Celeste reminded Council that the Committee members in this regard would be the initial directors only for negotiating purposes and, if the company takes over the Airport, directors would be appointed by all of the people under the Incorporation Act who are entitled to appoint directors, including Council which would be entitled to appoint two directors; and commented on the experience of other airports which have been taken over by a local authority. Mr. Celeste advised of the success in obtaining funding from the Atlantic Canada Opportunities Agency to commission an Airport Study on infrastructure issues which indicated that, although there are some things that have to be done, the Saint John Airport is basically sound; and assured Council that the document he will submit to the City Solicitor would not bind or commit the City except to give the City the right to appoint two directors, a say in how all of the directors are appointed, relieved of office, for what reasons and so on. During discussion Mr. Celeste advised that, following approval of the incorporation documents, a non-binding letter of intent would be signed to start the negotiation process and, with regard to funding, advised that it was not the intent for funding to come out of any municipality but rather to try to run the Airport with the funds available passing a few taxes if necessary, and noted the composition of the Committee of representatives from St. Stephen to Sussex in that the Saint John Airport services Southern New Brunswick. Mr. Celeste asked for a resolution of Council authorizing the Committee to proceed with by-laws in accordance with the document to be submitted to the City Solicitor. On motion of Councillor Waldschutz Seconded by Councillor Vincent RESOLVED that Common Council authorize the Local Airport Review Committee to proceed with by-laws in accordance with the document to be submitted to the City Solicitor. Question being taken, the motion was carried. 7. Mavor's Remarks Mayor McAlary extended a message of condolence to the family of the late Mr. Philip Oland who passed away on November 29, 1996. The Mayor congratulated the developer of the new Canadian Tire store to be constructed on Westmorland Road, as well as DMR Group Inc. on having been awarded a $16 million consulting project; commented on a reception for business people in Montreal, Quebec, held by the Saint John Port Corporation and Enterprise Saint John, and an anticipated announcement on December 3 by the Saint John Port Corporation, along with the Province of New Brunswick and the Federal Government, 86-173 COMMON COUNCIL DECEMBER 2, 1996 with regard to the construction of a new terminal building; and advised of her meeting in Montreal with principals of Themax with respect to an IMAX Theatre in Saint John. The Mayor extended an invitation to the Mayor's Annual Christmas Tree Lighting Ceremony on December 6 at Loyalist Plaza. Mayor McAlary provided an update on the Police issue in that Council, earlier this date, met with the Solicitor General and representatives of her Department further to Common Council resolution of November 12, 1996, and has scheduled a meeting on Wednesday, December 4, 1996, with Mr. Keith Taylor of Perivale and Taylor, the firm which carried out the review of the Saint John Police Force; and noted Council's recent meeting with the Chief of Police and senior management, as well as representatives of the Police Union and Council's direction to the Chief of Police. The success of the Empty Stocking Fund aired on MITV on Saturday, November 30 was noted; and congratulations were extended to Mr. Stephen Arden, a member of the Saint John Symphony Orchestra, who won first prize in the Montreal Symphony Violin Contest and will be playing with the Montreal Symphony as solo artist. Motion Of ConQratulations On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the Common Council of the City of Saint John extend congratulations and best wishes to New Brunswick Soprano Wendy Neilsen who will be making her debut on Friday, December 6 with the Metropolitan Opera in New York. Question being taken, the motion was carried. *7 A. Fundy Region Solid Waste Commission Notice To Vote To Approve 1996 Capital Budget & Tabled CCO November 25, 1996 Re Authority To Support Purchase Of Crane Mountain Site Consideration was given to a letter from the Fundy Region Solid Waste Commission, dated November 29, 1996 (copies of which were distributed to Council members on this date) giving notice that at its general meeting scheduled for December 30, 1996 it will be asking the Commission to approve the 1996 Capital Budget as submitted. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that Common Council resolution of November 25, 1996 authorizing Council's representative on the Fundy Region Solid Waste Commission, being Mayor McAlary, to support the purchase of the Crane Mountain site, be taken from the table for consideration at this time. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that Common Council approve the submitted Capital Budget of the Fundy Region Solid Waste Commission in the amount of $1 million, and authorize its representative, being Mayor McAlary, to support the purchase of the Crane Mountain site. Councillor Vincent spoke against Council's approval of a capital budget for 1996 not knowing the estimated cost of the landfill project and in view of the fact that part of the Crane Mountain site is involved in an expropriation process. The Mayor, a member of the Fundy Region Solid Waste Commission, clarified that, with regard to 86-174 COMMON COUNCIL DECEMBER 2, 1996 the Commission's budget submission to the municipalities 30 days in advance of it borrowing money for any capital projects, the above letter from the Commission was received by the City on November 29 and the Commission's general meeting has been rescheduled from December 19 to December 30, thus meeting the 30-day requirement. Councillor Fitzpatrick expressed concern about the timing of the Commission's correspondence in that it appears to require an immediate decision of Council, as well as about the possibility of the Commission purchasing the Crane Mountain properties concerned and being unsuccessful in the expropriation process; and the Mayor commented on the expropriation process in that the Minister of the Environment has informed the Commission that it is going to forego any public hearings on the process in the essence of time. Councillor Gould questioned the Commission's authority in the expropriation process based on his understanding that only the Province could undertake the process in question. Question being taken, the motion was carried with Councillors Fitzpatrick, Gould and Vincent voting "nay". 24. River Road Concerned Citizens Committee Borrowing / Spending Of Monies For Purchase Of Crane Mountain Lands On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter the River Road Concerned Citizens Committee urging Council to take the responsible course of action in rejecting approval of an expenditure by the Fundy Region Solid Waste Commission for land purchase at Crane Mountain, especially given the encumbrances which will continue to exist on the lands, and urge the Commission to pursue a responsible alternative means of waste management or an alternate site to Crane Mountain -- be received and filed. Question being taken, the motion was carried. Councillor Vincent asked to make a motion further to the Mayor's indication that the Province has decided to forego public hearings during the Crane Mountain expropriation process. On motion of Councillor Vincent Seconded by Councillor Gould RESOLVED that a letter be forwarded to the Minister of the Environment asking reconsideration of the matter of public hearings during the Crane Mountain property expropriation process so that people can be afforded an opportunity to express their concerns within a democratic process. During discussion it was noted that the expropriation involves only the removal of a covenant with respect to the use of one piece of property as a woodlot. Question being taken, the motion was lost with the Mayor and Councillors Arthurs, Ball, Brown, Knibb, Trites and Waldschutz voting "nay". 12. Establishment Change Community Services Read a report from the City Manager submitting a recommendation for an Establishment change in the Community Services Department in that, due to the additional duties assigned upon the incumbent of the position of Deputy Market Clerk, the position should be changed to more accurately reflect the associated duties. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the position of Deputy Market Clerk be deleted from the 86-175 COMMON COUNCIL DECEMBER 2, 1996 Establishment and the position of Superintendent be added. Question being taken, the motion was carried. 13. Submissions To Commissioner Of The Local Government Review On The Greater Saint John Area On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the submitted copies of submissions made by Enterprise Saint John, Fundy Region Development Commission Inc., and the Saint John Board of Trade to the Commissioner of the Local Government Review on the Greater Saint John Area, be received and filed. Question being taken, the motion was carried. 14. City Of Saint John Presentations To Commissioner Of The Local Government Review On The Greater Saint John Area On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the report from the City Manager advising the City officials who spoke on specific topics in support of the City's position on the municipal restructuring options at the public hearings held in this regard during the weeks of November 18 and 25; and submitting a copy of the City of Saint John's brief presented to the Commissioner of the Local Government Review on the Greater Saint John Area -- be received and filed: * Added Item AND FURTHER that the Commissioner of Finance's presentation to the Commissioner of the Local Government Review on the Greater Saint John area (copies of which were forwarded to Council members as an information item) -- be added to the agenda of this meeting and received and filed. Question being taken, the motion was carried. 23. Barbara Munroe - Water Supplv, RaQQed Point Road On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Ms. Barbara Munroe requesting an answer from City management staff to previous letters to Council from her, Mr. Robert S. James and Dr. James Stephenson, with regard to the water supply on Ragged Point Road -- be referred to the City Manager for a report on costing. During discussion Mr. Totten advised that the reason Council does not have a report on the previous letters is that, if asked at this time, staff's recommendation would be that it would not be economically viable; however, in recent weeks, staff has been trying to look at issues such as how to finance a project of this nature and how to compare the situation in Ragged Point to other areas of the City where people are also experiencing well problems. Question being taken, the motion was carried. 15. Committee Of The Whole Report 86-176 COMMON COUNCIL DECEMBER 2, 1996 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 November 25, 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, Common Council approve the sale of the property at 2 and 4 York Street (NBGIC Numbers 55071583 and 317578) to Crystal Hodgin for the sum of $14,000 (plus GST if applicable) and the sale be subject to the following terms and conditions:- (1) the City reserves the right to repurchase the subject properties for the sale price if the buyer has not fully constructed at least one single-family dwelling on either one of the two lots within 12 months of the date of the Common Council resolution approving this sale; and (2) if one single-family dwelling has been constructed on one of the lots within 12 months of the date of the Common Council resolution approving this sale, but a second single-family dwelling has not been constructed on the remaining lot within 24 months of the same date, then the City reserves the right to repurchase the remaining lot for the sum of one dollar; and the Mayor and Common Clerk be authorized to execute all required documentation. December 2, 1996, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1. Offer To Purchase 2 And 4 York Street On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 16. Planning Advisory Committee Section 101 Agreement Re 216 Loch Lomond Road On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the preparation and execution of an agreement between the City and the developer of 216 Loch Lomond Road, pursuant to Section 101 of the Community Planning Act, that incorporates the conditions imposed by the Planning Advisory Committee at its November 26, 1996 meeting as indicated in the submitted report from the Committee dated November 28, 1996. Question being taken, the motion was carried. 17. Planning Advisory Committee Subdivision And Commercial Development, 400 Westmorland Road On motion of Councillor Knibb Seconded by Councillor Trites 86-177 COMMON COUNCIL DECEMBER 2, 1996 RESOLVED that as recommended by the Planning Advisory Committee, Common Council: (1) assent to the proposed subdivision of the Clearview Mobile Home Ltd. property (NBGIC Number 303479) to create an approximately 3-hectare (7.5-acre) lot at 400 Westmorland Road, with respect to the vesting of a portion of the property for widening of Westmorland Road, as well as with respect to any required municipal services easements and public utility easements; (2) authorize cost sharing for the difference in cost of materials required for the oversizing of the required watermain extension on Westmorland Road; and (3) authorize the preparation and execution of an agreement between the City and the developer pursuant to Section 101 of the Community Planning Act which incorporates the conditions imposed by the Committee upon the proposed Canadian Tire development and provides for the recommended cost sharing. Question being taken, the motion was carried. 18(a) Western Beaches Preservation Society (b) Duck Cove Recreation & Heritage Association Inc. - Connection Of Duck Cove Area Septic Into Western Beaches Sewer Trunk Line On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letters from (a) the Western Beaches Preservation Society and (b) Duck Cove Recreation & Heritage Association Inc., regarding connection of the Duck Cove area septic into the Western Beaches sewer trunk line -- be referred to the City Manager. Question being taken, the motion was carried. 19. Kinsmen & Kinette Clubs Of Canada MessaQe Of GreetinQ In KIN MaQazine On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Kinsmen & Kinette Clubs of Canada requesting that the City again place a message of greeting in the special 77th edition of KIN Magazine -- be received and filed and Council approve a one-sixth of a page message at a cost of $395. Question being taken, the motion was carried. 20. PGI Saint John Region Golf Tournaments For Literacy Sponsorship For 1997 Tournament On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from the PGI Golf Tournament for Literacy submitting a copy of the distribution program for the $40,000 raised in the 1996 Golf Tournament; and requesting the City's sponsorship of the 1997 PGI Saint John Region Golf Tournament for Literacy -- be referred for consideration in the 1997 budget. Question being taken, the motion was carried. 86-178 COMMON COUNCIL DECEMBER 2, 1996 21. Saint John Chapter Of Canadian Citizenship Federation And Multicultural Association Of Saint John Inc. Re 50th Anniversary Canadian Citizen Act On motion of Councillor Waldschutz Seconded by Councillor Fitzpatrick RESOLVED that the joint letter from the Saint John Chapter of the Canadian Citizenship Federation and the Multicultural Association of Saint John, Inc., asking to be informed of what action has been or may be taken in relation to the 50th anniversary of the establishment of the Canadian Citizenship Act, and suggesting that Council might wish to appoint a liaison person to promote an exchange of information with other citizenship organizations including them -- be referred to the Nominating Committee. The initial motion proposed by Councillor Knibb, and not seconded, was to refer the above matter to Councillor Ball's Task Force on Immigrant and Refugee Settlement Renewal, whereupon the Mayor called for a motion to refer the matter to the Nominating Committee. Question being taken, the motion was carried. 22. Saint John Chapter Of United Nations Association In Canada Universal Declaration Of Human RiQhts On motion of Councillor Trites Seconded by Councillor Arthurs RESOLVED that the letter from the Saint John Chapter of the United Nations Association in Canada proposing that, as March 10 marks the anniversary of the Universal Declaration of Human Rights Day, Saint John should adopt a village in need in the newest country to be added to the United Nations in order to implement the concept of human rights as human relations on a broad basis, and noting that the newest country is Africa -- be received and filed. Question being taken, the motion was carried. Adjournment On motion of Councillor Waldschutz Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk