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1997-04-14_Minutes 86-330 COMMON COUNCIL APRIL 14,1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of April, A.D. 1997, at 6:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Brown, Chase, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. D. Wilson, Acting City Manager; J. Nugent, City Solicitor; C. Robichaud, Commissioner of Municipal Operations; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; P. Woods, Deputy Commissioner of Finance; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate & Facility Management; D. LeBlanc, Manager of Industrial Parks; W. Edwards, Building Inspector; M. Chisholm, MIS Project Office; G. Tait, Fire Chief; D. Sherwood, Chief of Police; Police Cst. D. Parks; Police Cst. D. Oram; 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 Saint John Vineyard Church 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 April 7, 1997, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary noted the Vice Regal Salute to Her Honour Margaret McCain, Lieutenant-Governor of New Brunswick, on April 10 at the Imperial Theatre, and extended congratulations and best wishes to Dr. Marilyn Trenholme on her appointment as New Brunswick's next Lieutenant Governor. The Mayor proclaimed April 20 to 26, 1997 as Physiotherapy Week in the City of Saint John, and noted the Saint John Flames annual awards dinner on April 13. * Added Items On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the Planning Advisory Committee recommendation regarding a proposed subdivision at 1849 Manawagonish Road (which was tabled on March 3), and a recommendation on servicing issues at the subject property which was considered in Committee of the Whole earlier this date under item 38, be added to the agenda for consideration at this meeting as items 25A and 25B, respectively. Question being taken, the motion was carried. 86-331 COMMON COUNCIL APRIL 14,1997 4. Social Conditions In City On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that the letter from Deputy Mayor Chase suggesting that, given the dire straits in which Romero House finds itself as reported recently in the media, it might be prudent for Common Council to be apprised of the facts of social conditions in the City so that perhaps it could address the budget and policies of the City with a view to whom it serves -- be referred to the City Manager for a report to Council. Deputy Mayor Chase made the observation that Ms. Monica Chaperlin, Director of the Community Health Centre, and Ms. Cherry Thorne of St. Joseph's Hospital, would have information in the above regard; and the Mayor noted that the Human Development Council would also have up-to-date information. Question being taken, the motion was carried. The Mayor suggested that Council could deal with item 5 on an amalgamation approach during consideration of item 12 in this regard. 6. Natural Gas Pipeline Joint Public Review Read a report from the City Manager referring to the topic of Sable Island natural gas as presented to Council on January 13 at which time Council was informed that staff had registered as an intervenor at the pipeline hearings with the intention of assessing the facts and providing Council with a report and recommendation; commenting on both the Sable Offshore Energy Project (the Offshore Project or SOEP) and the Maritimes & Northeast Pipeline Project (the Onshore Project or M&NEPP), the regulatory approvals required for the various aspects of the offshore and onshore projects, the mechanism for public input, issues to be addressed by the pipeline applicant, the benefit of natural gas, the second application - Trans Quebec & Maritime Pipeline Inc. (TQM), who and what Saint John should support, and the upcoming informal and formal hearings; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, (1) Common Council endorse the Province's position for the provision of natural gas to New Brunswick and the inclusion of a lateral to Saint John as a prerequisite to the approval of any pipeline application before the National Energy Board; and (2) the Mayor be authorized to speak before the joint Public Review Panel on this matter at the formal hearing scheduled for April 28, 1997. Question being taken, the motion was carried. 7. Invoice Payment - Jacques Whitford Associates Limited On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Common Council approve the payment of the submitted invoices of Jacques Whitford and Associates Limited, in the total amount of $3,705.09, for engineering and technical assistance at Harbour Station. Question being taken, the motion was carried. 86-332 COMMON COUNCIL APRIL 14,1997 8. Proposal For External ConsultinQ Services Consideration was given to a report from the City Manager advising the results of the proposal call for external consulting services, further to the presentation in Committee of the Whole on January 27 of a program and teach-in on the topic of Business Process Improvements (BPI) and the necessity of moving the City from a Financial Information System (FIS) to a broader-based Management Information System (MIS) prior to the year 2000, and subsequent to staff's initial recommendation that negotiations be undertaken with Ernst & Young to provide the professional services in this regard. A motion was proposed by Councillor Knibb and seconded by Councillor Waldschutz that, as recommended by the City Manager, the proposal of Ernst & Young Chartered Accountants be accepted for the provision of external consultant services relative to the undertaking of Business Process Improvements Projects on purchasing, budgeting, customer service, vehicle maintenance, records management and the Information Technology Strategic Plan, at a cost not to exceed $188,750 (plus taxes). Mr. Wilson commented on the City's efforts in determining better ways of doing things to become as efficient and as cost effective as possible, including a review of all the major financial systems in the City with a recommendation that a number of them should be given a closer review as indicated above, as well as staff's identification of the need for a study in the area of customer service. Councillor Brown asked if staff had a sound understanding of the financial and management information requirements if amalgamation or regionalization should come about and if the above undertaking should be delayed pending the anticipated announcement by the Province on the amalgamation issue, to which Mr. Wilson replied to the effect that he could not envision that the requirements would be much different from what they currently are as the Province requires certain ways of reporting in that, for example on the issue of a procurement process, whatever would be the best practice possible for a local government to use in procuring and paying for goods would apply whether Saint John were a City today of 75,000 people or a City tomorrow of 105,000 people and, with regard to the review of customer services and records management on which the results of amalgamation might have some bearing, both are not scheduled to start until later this year; so, to the extent that if the City were bigger in a few months time, there would certainly be the opportunity to involve a few more people in terms of reviewing these particular systems. Councillor Brown asked if the possibility was explored of partnering with other municipalities in this regard, and Mr. Wilson noted that the City was not yet buying anything, although when the needs were identified, both of systems and hardware, the City would be looking to buy from the users who have already developed software as the City would not be developing its own systems. Mr. Wilson, in response to Councillor Brown's concern about the City getting the best value for its dollar when there was no competition for the proposal knowing that the firm which did the original consulting was now the only firm bidding, made the observation that, as Ernst & Young did not know it would be the only company proposing, the fact that there was a call for proposals would certainly make it a very competitive situation, although other firms saw fit not to bid; and confirmed that Ernst & Young did two very minor projects in this regard earlier this year under the City Manager's spending authority. Councillor Brown expressed concern about the process in that a firm was asked to do consulting, help in the call for proposals and then do part of the work, knowing that this firm would bid on the job. The Mayor asked that, in order not to delay the public hearing at 7:00 o'clock p.m., Council consider the above item further later in this meeting and, upon Councillor Vincent's indication of moving a motion to set this item aside until later in the meeting, noted that a motion was not needed. Mayor McAlary welcomed to the meeting Mrs. M. Eileen Travis to whom, in recognition of her service to the City not only as the Chief Librarian at the Saint John Regional Library but in many other areas, she presented a framed print with an inscription congratulating Mrs. Travis on her retirement from the Saint John Regional Library and recognizing her for her outstanding dedication and commitment to the City; 86-333 COMMON COUNCIL APRIL 14,1997 and extended best wishes to Mrs. Travis on her retirement. Mrs. Travis expressed appreciation for the privilege of having worked both for and with the City, staff and Common Council. 26(a) Municipal Plan Amendment And (b) Re-ZoninQ 985-1001 MillidQe Avenue The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to amend the Millidgeville Secondary Plan by amending: (1) Section 2.1.2 (DEVELOPMENT POLICIES - Residential Development - Objectives) by adding the following: "7. To permit the development of specific large scale developments of high quality residential uses at varying densities on specific development sites, where deemed appropriate. "; (2) Section 2.1.3.4 of the Millidgeville Secondary Plan (DEVELOPMENT POLICIES - Residential Development - Policies - Neighbourhood Character) by adding the following sentence immediately after the first sentence: "WHERE SPECIFIC LARGER-SCALE DEVELOPMENTS ARE PROPOSED, SPECIFIC APPROVALS PURSUANT TO SECTION 39 OF THE COMMUNITY PLANNING ACT WILL BE REQUIRED, WHICH WILL INCORPORATE FEATURES WHICH ADDRESS THE RELATIONSHIP OF THE PROPOSED DEVELOPMENT TO ITS SURROUNDING AREA."; (3) Exhibit 3-1 in Section 3.2 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Development Areas) by deleting the number "5" under the heading "Future Development Area Intensity" for Development Area A, and replacing it with the numbers "5 & 6"; (4) Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Projects and Proposals - Development Area A: Millidgeville Core) by adding the following new paragraph between the two existing paragraphs under the heading "Development Theme/Character: "To also permit the development of attached single-family dwellings at Intensity 6, in a high-quality unified development located at the northwest corner of Millidge Avenue and Manners Sutton Road. The development will be carried out in accordance with a specific detailed proposal adopted by Common Council pursuant to Section 39 of the Community Planning Act."; and (b) the proposed re-zoning of the property at 985-1001 Millidge Avenue (NBGIC Numbers 48363 and 470047), located on the northwest corner of Millidge Avenue and Manners Sutton Road, having a frontage of approximately 226 feet on Millidge Avenue, a frontage of approximately 100 feet on Manners Sutton Road and area of approximately .52 acres, from "B-1" Local Business to "10" Integrated Development classification, to permit the development of up to 15 attached one-family dwellings in accordance with a detailed proposal adopted by Common Council pursuant to Section 39 of the Community Planning Act, and that 26{d) written objections were received in this regard from Donna Lewell, and Carl and Betty Tompkins, as well as 26{e) letters from Elizabeth (Banks) Hebert and Leonard I. Morgan, in support of the proposal; and 26{f) a letter from Horst Sauerteig with questions which, in his view, should be resolved before re-zoning was considered and a construction permit was issued. Letters (copies of which were distributed to Council members at this meeting) were also received from Mr. and Mrs. James Knox against the proposal, and from Enterprise Saint John expressing the belief that this type of development is a good one and should be pursued in some format. 26{c) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and twenty-two letters from neighbouring property owners, four in favour of the application and eighteen expressing opposition or concerns regarding the proposal, which the Committee considered at its March 25 meeting at which Mr. John Rocca, Vice-President of Rocca Property Management Inc., speaking in favour of the proposal, expressed the opinion that the majority of the people in the neighbourhood would prefer his proposed residential development over the presently-permitted use, and advised that the number of dwelling units proposed was necessary for the economic viability of the project; and Mr. Bob Ring and Mr. John Henneberry spoke in opposition to the proposal with respect to the high density of the project in relation to the surrounding area, the amount of space for vehicular circulation, parking and snow storage, height of the development, and building setback from the street and property lines; advising that Mr. Rocca requested the Committee to table the application to give him an opportunity to discuss the issues 86-334 COMMON COUNCIL APRIL 14,1997 of density, height and bulk of the proposal both with staff and neighbourhood residents with the objective of making modifications to the proposal that may help to resolve these concerns; and recommending that the public hearing be held as advertised but that no decision be made until the Committee is able to submit a recommendation. Mr. Robert Ring of 1019 Millidge Avenue, speaking in opposition to the above proposal, advised that he was not in favour of the re-zoning of the subject property to allow the construction of the proposed project of 15 units; however, he was not against progress for the development of the subject lot; and that, having met with Mr. Rocca and seen the new proposed layout being one unit dropped to total of 14 and new dimensions allowing for a wider street at the back, he still feels that the density of 14 units for a lot just over an acre is too many for the lot size, the height for such a small lot would be too high and overwhelming when walking or driving in the subject area, and, while the setback Mr. Rocca gave after the first public meeting showed that he tried to work things out, in doing so he claimed the 5- to 6-foot grassed plot between the curb and the sidewalk, moving the sidewalk to the curb to the effect that the additional set back would be the only parking area for each unit other than garage parking. Mr. Ring suggested that Mr. Rocca and the Planning Department could come to a number of units and that eight might be acceptable to area residents; and asked that Council send the matter back to the Planning Department for further work and consideration with Mr. Rocca. Mr. Barry Roderick of 138 Meadowbank Avenue addressed Council in opposition to the proposal and, in noting his letter to the Planning Advisory Committee (a copy of which was submitted with the above report from the Committee), expressed the opinion that there is insufficient green belt space between the proposed development and adjoining property owners. Mr. Roderick referred to four other instances of row-type housing or multiple-unit dwellings which, in his view, fit well into the area; and expressed concern about the result of creating 15 separate individual units in that this would give to each property owner a series of rights which could be exercised at law and against all others, if there were disagreement among them, noting that this could be overcome by a condominium-unit development with a condominium corporation to govern the development in terms of garbage removal and such. Mr. Alastair Graham of 50 Manners Sutton Road spoke in opposition to the proposal on the basis of the density of the development, the lack of green space, changes to the Millidgeville Secondary Plan, and the height of the development, as set out in his letter to the Planning Advisory Committee (a copy of which was submitted with the above report from the Committee). Mr. James McLaughlin-Butler of 976 Millidge Avenue, appearing in opposition to the proposal and noting his previously-submitted letter to Council subsequent to the public presentation of the proposed Municipal Plan amendment, expressed the view that the proposed development was totally out of character for the subject area of Millidgeville, and that green area was needed in the City. Mr. McLaughlin-Butler expressed concern that Council, in approving this proposal, would set a precedent for waterfront development in the area; and advised that he would have no problem with the commercial development of the land, as long as architecturally, visually and aesthetically, it would fit in with the community. Mr. Wayne Johnston of 146 Meadowbank Avenue addressed Council in opposition to the proposed development in that, in terms of the high quality of the Millidgeville neighbourhood and its freedom from defects and conformance with the Millidgeville Secondary Plan, it would be a low quality development which would lower the standards of the area for lot size, building height, similarly-sized houses, parking, general consistency, street widths and such; and asked Council to maintain the quality of the neighbourhood by rejecting the proposal. Mr. John Henneberry of 26 Meadowbank Avenue spoke in opposition to the proposal; expressed appreciation for the above-submitted Planning staff report; and suggested that, if the subject development were allowed which asks for so many changes to the Millidgeville Secondary Plan, a new guide would be set and, as there are lots adjacent to the subject lot that are also empty at this time, the density of the entire Meadowbank/Manners Sutton area could be doubled by just doing two more of these developments next to the subject development and one more after that would 86-335 COMMON COUNCIL APRIL 14,1997 mean that the entire character of the area, from a numbers standpoint, would be derived from four lots or two acres in the total area. Mr. Henneberry advised that his main objection would be that this particular proposal asks for so many exceptions, including set back, street width, height and density, and that he would have no objection to a commercial enterprise on the subject property, nor to anything that would fit; suggested that, because of the height and the imposing nature of the proposed development, any possible benefit from the green space around it, moving westerly down Manners Sutton Road and northerly down Millidge Avenue, would be obliterated as the illusion of green space would no longer be there, nor would there be the extra benefit of looking out over the water; and asked the alternatives in terms of commercial development on the property in question. Mr. John Rocca, Vice President of Rocca Property Management Inc., appearing in support of the proposed amendments, commented on the public consultation process he went through on the proposed project; and expressed the view that the fundamental concern is partly an age problem in that there are a number of people, especially younger ones, who want the status quo, being a single-family home on a large landscaped lot, while the reality is that there is a large segment of the population presently, and the majority of the population coming with the baby-boom generation, who do not want nor need large-scale lots to maintain. Mr. Rocca noted the letters of support from Dr. Morgan and Dr. Keating (a copy of the latter having been forwarded to Council members with the above report from the Planning Advisory Committee); suggested that the technical concerns expressed at this meeting were not related to the number of units and that the question of density in terms of numbers was really a distinction without a difference based on a reaction to what is believed to be the ideal situation - a single-family dwelling on a large lot; and made the observation that, with regard to the proposal for 15 units in total on 15,000 square feet, there are many homes of that size, and the buildings would not in any way interfere, in driving on Millidge Avenue, with the view plain of Millidge Avenue and, in fact, they would be set back further on Millidge Avenue than all the other properties on the left-hand side. Mr. Rocca advised that he had yet to see anyone, either in writing or verbally at any of the meetings, explain to him how reducing the number of units from 15 to 10 to 8 would remove problems or improve the project; and, referring to a revised plan (copies of which were distributed to Council members at this time) addressed the technical concerns, as expressed at this meeting, with respect to landscaped areas, bulk and visual impact, set back, parking, height, dimensions of the private street and driveways and snow removal, on the basis that the revised plan would deal with all the technical concerns raised and would involve reducing homes number 5 through to 8 to two storeys and deleting unit number 15. Mr. Rocca addressed the issue of the Victorian architectural style proposed being inconsistent with Millidgeville on the basis that, while this style is the definition of Saint John and deeply rooted in the City's history, Millidgeville encompasses hundreds of architectural styles, none rooted in the history of Saint John and all rooted in the American design and tradition of architecture and in post modernism designs that have no relevance nor tie to Saint John; suggested that the proposed development would be consistent with the Millidgeville Secondary Plan in that it would be residential and of quality and that there was a need and demand for it in the community; and asked that Council refer the matter to the Planning Advisory Committee, to the City Manager or to the Planning Department or whoever in that the report from the Committee should include an analysis and study of the density required for the project to be economically viable so that, when it comes back before Council, Council could make an informed decision as to whether or not Council, as a matter of policy, could live with whatever density is recommended as, whatever the number of units, it must be economically viable for the project to proceed. Mr. Rocca responded to questions on the proposal, including the anticipated selling price of the units. Mr. David Maxwell of Re/Max Professionals Inc. appeared in support of the proposal; advised that he has a stake in what is going on in this regard in that he presently has a 28-lot subdivision in West Saint John called Mahogany Island Court, owns a 4-unit apartment building which is 3 lots from the proposed subdivision, and a single-family home, with his wife, four houses down the other way on Kennebecasis Drive; expressed the belief that the type of townhouse in question is needed for the area based on his experience in the real estate business; and implored Council to try to work something out in this regard. 86-336 COMMON COUNCIL APRIL 14,1997 Mr. Baird, in response to the Mayor, advised the uses permitted in a "B- 1" Local Business zone, including a convenience store, bakery, flower shop, delicatessen, as well as take-out restaurants in conjunction with convenience stores/restaurants, and that it does not permit a licensed lounge as referenced in the Zoning By-Law and liquor licensing codes in New Brunswick and that, while a service station or an establishment that pumps gas can be permitted, there are certain specific conditions that must be met, and the subject property would not be able to meet those conditions because of its adjacency of residential zones, and possibly other factors; and noted the re-zoning of the property in the late 1970s subject to a Section 39 resolution that was passed as a result of a proposal to construct a 5,000-square foot convenience store in that, while there was to be an ancillary eating area and lounge, it was quite clear that a lounge, in terms of a licensed drinking establishment, would not be permitted because it is not permitted in the zone in any event and the Section 39 could not contradict those provisions, and that, although the exact nature of the proposal was not very specific in that regard, it seemed from the verbal description that the lounge was seen as a staff eating and rest area as part of the convenience store. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, no decision be made with regard to the application of Rocca Property Management Inc. for a Municipal Plan amendment and re-zoning of property at 985-1001 Millidge Avenue until the Committee is able to submit a recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 27. Municipal Plan Amendment 2291 Loch Lomond Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property located at 2291 Loch Lomond Road (NBGIC Number 327395), having a frontage of approximately 170 feet along Loch Lomond Road and approximately 666 feet along Vey Road, and having a lot area of approximately 2.6 acres, from Low Density Residential to District Centre Commercial classification, to permit re-zoning of the property to allow its continued use as a used car lot, as requested by Artith and Brian Train. (Councillor Vincent withdrew from the meeting.) 28. Municipal Plan Amendment 2690 Loch Lomond Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property located at 2690 Loch Lomond Road (NBGIC Number 332437), having a frontage of approximately 66 feet along Loch Lomond Road and widening to a width of 366 feet, and having a depth of approximately 1075 feet, and having a lot area of approximately 8 acres, from Low Density Residential to District Centre Commercial classification, to permit re-zoning of the property to allow its continued use as a used car lot, as requested by Mr. Victor Train. 86-337 COMMON COUNCIL APRIL 14,1997 29. Saint Andrews's Society Celebration Of FoundinQ Messrs. Ralph B. Murray, President of the Saint Andrew's Society of Saint John, N.B.; and Wallace MacMurray, Chair of the Planning Committee and President Elect for 1998 of the Society, addressed Council on the forthcoming celebration of the 200th year of the founding of the Society; and, having outlined the previously-submitted Calendar of Events for 1998 in this regard, requested that (1) the City of Saint John proclaim 1998 Saint Andrew's Society Year to honour the 200th anniversary of the founding of the Society; (2) the drive up to Fort Howe be named, or renamed if required, Saint Andrew's Society Drive; (3) a member of Councilor a staff member be appointed to work with the Society's committee to locate a suitable site to raise a Cairn as a lasting memorial; and (4) all of Council join with the Society at the various events it plans throughout the year, as its active involvement will be very meaningful to the Society. (Councillor Vincent re-entered the meeting during the above presentation. ) On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that Common Council accede to the request of the Saint Andrew's Society of Saint John to proclaim 1998 Saint Andrew's Society Year to honour the 200th anniversary of the founding of the Society; and refer the issues of the naming of the drive up to Fort Howe, a suitable site to raise a Cairn, and the involvement in the various events to the City Manager. Question being taken, the motion was carried. 30. Saint John Police Force Implementation Team Update Consideration was given to a report from the Saint John Police Force Implementation Team advising its activities during the past week; and recommending that, in receiving and filing this report, a presentation be made to the Mayor and Common Council by Assistant Deputy Chief of Police A. Bodechon, assisted by Cst. John Wilcox, on community-based policing. Chief Sherwood and Cst. Parks appeared before Council in the above regard, and the request was made for Council to table the presentation on community- based policing in that ADC Bodechon, because of a serious criminal issue in the City, was unable to be present at this meeting as he is coordinating a major investigation. On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the presentation on community-based policing be laid on the table. Question being taken, the tabling motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the report from the Saint John Police Force Implementation Team be received and filed. Question being taken, the motion was carried. Chief Sherwood commented on the 3rd Annual Homicide Seminar which commenced in Saint John on this date. 86-338 COMMON COUNCIL APRIL 14,1997 13. Police Activity Report 1st Quarter 1995-96-97 Consideration was given to a report from the Chief of Police submitting, further to Council's last meeting, a Police Activity Report for the 1 st Quarter of 1995, 1996 and 1997, showing offenses, arrests and young offenders arrests. On motion of Councillor Vincent Seconded by Councillor Waldschutz RESOLVED that the Police Activity Report on the 1st quarter for the years 1995, 1996 and 1997, be received and filed. Question being taken, the motion was carried. *25A. Planning Advisory Committee Subdivision 1849 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the Planning Advisory Committee's recommendation regarding the proposed subdivision at 1849 Manawagonish Road, which was tabled on March 3, 1997, 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 Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council: (1) assent to one or more subdivision plans, in one or more phases, for the proposed development of eleven serviced one- family residential lots at 1849 Manawagonish Road, and also to any required municipal services and public utility easements within the proposed subdivision; (2) authorize the preparation and execution of one or more subdivision agreements to ensure the provision of the required work, including drainage and site plans for the approval of the Chief City Engineer; (3) accept a cash-in-lieu of land for public purposes dedication for the proposed subdivision, with the intent of exchanging the required cash dedication for an equivalent land dedication in the future development of the property; and (4) authorize cost sharing outside the limits of the subdivision. Question being taken, the motion was carried. *25B. Servicing Issues - 1849 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, a project, estimated at $50,000, be added to the 1997 Capital Work Program for the Water and Sewerage Utility to install an 8"-diameter watermain on a portion of Manawagonish Road with respect to the subdivision at 1849 Manawagonish Road. Question being taken, the motion was carried. 14. Saint John East Development Scheme Amendment - 31-35 & 267 -273 Bovaner Crescent Read a letter from the Common Clerk advising that, following the 86-339 COMMON COUNCIL APRIL 14,1997 procedure for amendments to the Saint John East Development Scheme, the necessary advertising and public presentation with respect to the submitted application of Kierstead Quigley and Roberts Ltd., on behalf of Bonney Construction Ltd., with regard to property at 31-55 and 267-273 Boyaner Crescent, have been completed, and the date for objections expired on April 2, 1997, with no written objection having been received in this regard. On motion of Councillor Waldschutz Seconded by Councillor Vincent RESOLVED that the application of Kierstead Quigley and Roberts Ltd., on behalf of Bonney Construction Ltd., for an amendment to the Saint John East Development Scheme, with regard to property at 31-55 and 267-273 Boyaner Crescent, be referred to the Planning Advisory Committee and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, May 26, 1997. Question being taken, the motion was carried. 15. 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 Tuesday, April 1 , 1997, 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 amend the Municipal Operations (Works) Establishment by reducing the number of Mechanic positions from 18 to 17 and by increasing the number of Labourer positions from 28 to 29. April 7, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1. Establishment Amendment Municipal Operations (Works) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 21. Jennifer Weddell & Tina Keirstead Amendment To Section 39 Conditions Re-ZoninQ Of 567 MillidQe Avenue On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the application of Jennifer Weddell and Tina Keirstead for an amendment to the Section 39 conditions of re-zoning of 567 Millidge Avenue be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, 86-340 COMMON COUNCIL APRIL 14,1997 with the public hearing to be held on Monday, May 26, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 31. South Central Citizens Council Re Landlords' Responsibilitv Mr. Lloyd M. Betts, Vice-Chairman of the South Central Citizens Council, reading from a previously-submitted brief, addressed Council on the concern that illegal drug trafficking in the City is beginning to destroy its decency and the belief that, responsibility for maintaining a crime-free society rests with all, including landlords whether or not they live in the neighbourhood concerned; and expressed the understanding that, in some of the United States, laws have been enacted which hold the landlord criminally liable, should he/she knowingly permit illegal drug activity on the premises, once proper notification by the appropriate authorities had been made. Mr. Betts asked that Council take the lead in requesting the Federal Attorney General and the Provincial Solicitor General to review current legislation with a view to holding landlords responsible for knowingly permitting illegal activity to continue on their premises. On motion of Councillor Waldschutz Seconded by Councillor Trites RESOLVED that the presentation on behalf of the South Central Citizens Council, on the matter of landlords' responsibility for maintaining a crime-free society, be referred to the Federal Attorney General and the Provincial Solicitor General. Moved in amendment by Councillor Brown Seconded by Councillor Vincent RESOLVED that the above motion be amended by adding a referral to the Resolutions Committee of the Cities of New Brunswick Association. Question being taken, the amendment to the motion was carried. Question being taken, the motion as amended was carried. 16. Planning Advisory Committee Subdivision Plan To Vest Portions Of City-Owned Land Into Millidge Street And Paradise Row Public RiQhts-Of-Wav On motion of Councillor Vincent Seconded by Councillor Waldschutz RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted tentative plan which would vest portions of NBGIC Numbers 28142,28753,28746 and 28258 into Millidge Street public right-of-way and portions of NBGIC Numbers 28746 and 28720 into the Paradise Row public right-of-way. Question being taken, the motion was carried. 17. Saint John Port Corporation PolicinQ Task Force On motion of Councillor Vincent Seconded by Councillor Gould RESOLVED that the letter from the Saint John Port Corporation advising the members of the Policing Task Force, formed to facilitate the implementation of the new model for policing and security for Canada's major ports -- be received and filed. 86-341 COMMON COUNCIL APRIL 14,1997 Question being taken, the motion was carried. 19. W.J. Wilson And Associates Ltd. Previous Letter Re Viability Of Crane Mountain Landfill Site On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that the letter from W.J. Wilson and Associates Ltd. advising that, further to Council's referral of its previous letter to the Fundy Region Solid Waste Commission on February 17, since he obtained little information of value from the Commission, he hopes that Messrs. Robichaud and MacKinnon may have better information and he will contact them in due course -- be received and filed. Question being taken, the motion was carried. 20. Sharon MacDonald - Need For CrossinQ Guard. Champlain HeiQhts On motion of Councillor Waldschutz Seconded by Councillor Trites RESOLVED that the letter from Ms. Sharon MacDonald submitting a petition from citizens of Chaplain Heights requesting a crossing guard at the School for the safety of all children in the area -- be referred to the City Manager and the Chief of Police. Question being taken, the motion was carried. 22. Romero House Soup Kitchen Request For Financial Support On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Romero House Soup Kitchen making an appeal for financial help for Romero House -- be referred to the City Manager. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 23. Multicultural Association Of Saint John Establishment Of Race Relations Committee On motion of Councillor Waldschutz Seconded by Councillor Arthurs RESOLVED that the letter from Multicultural Association of Saint John, Inc., referring to a recommendation of the former Working Group on Race Relations that the City of Saint John form a Race Relations Committee; and urging the City to fulfil this intent and the Nominating Committee submit names for appointment to a City Race Relations Committee -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 86-342 COMMON COUNCIL APRIL 14,1997 24. Kinsmen & Kinette Clubs Of Canada MessaQe Of Support In KIN MaQazine On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that the letter from the Kinsmen & Kinette Clubs of Canada in appreciation to the City of Saint John for its placement of a message of support in KIN Magazine -- be received and filed. Question being taken, the motion was carried. (Councillor Trites re-entered the meeting.) 25. Saint John Metro Ball Hockey League Assistance To Obtain Rink Facilitv On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the Saint John Metro Ball Hockey League requesting the City's assistance in obtaining a rink facility for its youth program -- be referred to the City Manager. (Councillor Knibb withdrew from the meeting.) Question being taken, the motion was carried. (Councillor Knibb re-entered the meeting.) Mayor McAlary asked that Council continue discussion on the motion proposed earlier in this meeting, under item 8, with regard to the proposal for external consulting services. 8. Proposal For External ConsultinQ Services On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the proposal of Ernst & Young Chartered Accountants be accepted for the provision of external consultant services relative to the undertaking of Business Process Improvements Projects on purchasing, budgeting, customer service, vehicle maintenance, records management and the Information Technology Strategic Plan, at a cost not to exceed $188,750 (plus taxes). During discussion Councillor Gould suggested that the issue of the year 2000 should not be used to justify the spending of $188,000 in that there would be nothing to prevent staff from engaging anyone it wants to zero in on the year 2000; and re-iterated his concern about and opposition to money going towards consultants' reports, most of which end up in the City Hall archives not being used; and Councillor Brown asked why, if the above project was to be recognized as one plan and if it was the desire to be fair to everybody in the proposal call, smaller parts of the project would have already been given to one firm. Question being taken, the motion was carried with Councillors Brown and Gould voting "nay". 86-343 COMMON COUNCIL APRIL 14,1997 9. Amendment To CCO December 2, 1996 Stu Hurley Arena Rental - John Yerxa On motion of Councillor Vincent Seconded by Councillor Arthurs RESOLVED that as recommended by the City Manager, the Common Council resolution of December 2, 1996, with regard to the rental of the Stu Hurley Arena by Mr. John Yerxa (Yerxa Sport Camps), be amended by changing the dates of rental outlined in Schedule 1 (June 29 - August 18, 1997) to July 13 - August 31, 1997. Question being taken, the motion was carried. 10. Capital Projects (a) Development Services & Community Services And (b) Industrial Parks 10{a) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the submitted 1997 Capital projects and spending estimates for Development Services (Real Estate and Facility Management) and Community Services. Question being taken, the motion was carried. 10{b) On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Common Council approve the 1997 Industrial Park Capital Budget/Program as set out on the submitted schedule. Question being taken, the motion was carried. 11. Lily Lake Pavilion Extension Of Lease On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council authorize a one-year extension of the agreement with 046098 N.B. Ltd. (Y's Men), dated May 29, 1995, for the lease of the Lily Lake Pavilion and Fisher Lakes canteen, subject to the following: (a) the extended agreement to expire March 31, 1998; and (b) the extended agreement to include the provisions contained in Common Council resolution of September 30, 1996 in this regard. Question being taken, the motion was carried. 12(a) Response To Cormier Report On Municipal Restructuring In Region (b) Suburban Mayors' Ad Hoc Committee 12{a) Consideration was given to a report from the City Manager (which was tabled at the April 1 meeting) responding to the major issues raised in the Cormier 86-344 COMMON COUNCIL APRIL 14,1997 Report: "A Community of Communities - Local Government Options for the Greater Saint John Area" which are of specific concern to the City and recommending the manner in which this process should proceed with respect to the process of transition, the provision of transitional funding, the pre-conditions and subsidiary recommendations, and the alternative Three Municipality option. 12{b) Consideration was also given to a letter from the Suburban Mayors' Ad Hoc Committee (which was tabled at the April 1 meeting) expressing concern that Common Council favours the full consolidation of the communities with the City of Saint John; and asking that, as the Committee would like an opportunity to demonstrate to Council in approximately three weeks that there are other ways to make the entire region better and stronger, without amalgamation, Council not foreclose reasonable arguments against the far-reaching union proposed by Mr. Skip Cormier. 5. AmalQamation Process Consideration was also given to a letter from Deputy Mayor Chase suggesting that Team Saint John should be going to Fredericton to press home its points on the Cormier Commission report - A Community of Communities; and expressing the view that Saint John has no real contingency plan regardless of the way the Cormier report comes out. 12{a) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council communicate to the Premier and to the Minister of Municipalities, Culture and Housing that: (1) the City of Saint John has major misgivings with respect to the Three Municipalities alternative option; (2) the City of Saint John supports the process outlined in Bill 73 of the Municipalities Act where the new council, with appropriate assistance, would be responsible for implementing amalgamation, including the transition process; (3) in order to ensure an effective transition, the Province must provide funding for transition costs, separate from traditional municipal funding; (4) the City of Saint John recognizes the principles behind Mr. Cormier's pre- conditions and understands why they are proposed; and (5) the City of Saint John supports the principle that the 29 subsidiary recommendations must be considered, refined and implemented by the new council as it sees fit. Councillor Brown, in advising that he would have difficulty supporting the above motion but did agree with part (1) thereof, suggested that, if the City were to go on record as supporting anything, it should do so as supporting the six recommendations in the Cormier report; concurred with Mr. Cormier's indication that a transition team is vital to the fair openness of the process; and expressed the view that this team should either be an independent team or a team led by a person in charge of directing the transition of this process. Councillor Waldschutz advised that, while he could support the first three parts of the above recommendation, he would vote against the motion unless Council considered the parts one at a time; and, with regard to the issue of three tax zones, made the observation that the City, at one time, used precisely the opposite argument to reduce to one tax rate; and expressed the view that the Cormier recommendation for sixteen wards electing one councillor each would weaken, rather than strengthen, the urban centre. The Mayor suggested that, as the hour was late and as she would not want Council to send a wrong message at this time having already put its position forward in support of full amalgamation, Council should table the matter until next week for further discussion if Council did not feel quite comfortable with the above recommendation. On motion of Councillor Waldschutz Seconded by Councillor Gould RESOLVED that the above motion be laid on the table. 86-345 COMMON COUNCIL APRIL 14,1997 Question being taken, the tabling motion was carried with Councillors Brown, Knibb and Vincent voting "nay". Councillor Waldschutz moved to adjourn the meeting, whereupon the Mayor asked that Council consider items 12(b) and 5 at this time. 5 On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that the letter from Deputy Mayor Chase on the amalgamation process be received and filed. Question being taken, the motion was carried. 12{b) On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the letter from the Suburban Mayors' Ad Hoc Committee regarding the Cormier report be received and filed. Question being taken, the motion was carried. Adjournment The Mayor called the meeting adjourned. Common Clerk