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1997-07-21_Minutes 86-503 COMMON COUNCIL JULY 21,1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of July, A.D. 1997, at 6:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Ball, Brown, Chase, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; P. Woods, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; R. Pollock, Planner; B. Malone, Planner; P. Morgan, Personnel Officer; G. Tait, Fire Chief; D. Sherwood, Chief of Police; J. McNamee, Assistant Deputy Chief of Police; Police Sgt. K. McDonald; Police Cst. J. Holt; Police Cst. D. Parks; Police Cst. D. Oram; Ms. L. Farrell, Solicitor; Mrs. S. Wilson, Executive Assistant to City Manager; 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 Eugene Morrell of the Church of The Nazarene offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that minutes of the meeting of Common Council, held on July 7, 1997, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks (Councillor Vincent entered the meeting.) Mayor McAlary noted activities scheduled for New Brunswick Day on August 4, including an event at Seaside Park and a New Brunswick Awards ceremony at the New Brunswick Museum in Market Square, as well as the forthcoming Buskers Festival in the Uptown area of the City commencing July 25; and welcomed to the City children from Belfast, Ireland who have been in Saint John on an exchange program. The Mayor displayed a cedar flower box of the type being built by offenders at the Kingsclear Reformatory Centre for sale at the Uptown Saint John Inc. office by a donation to the United Way. * Added Item On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that a Nominating Committee recommendation, which was considered in Committee of the Whole earlier this date under item 56, be added to the agenda of this meeting as item 28A. Question being taken, the motion was carried. 86-504 COMMON COUNCIL JULY 21,1997 4. Saint John Police Force Implementation Team Update Chief Sherwood and Cst. Parks were in attendance at the meeting to present the report from the Saint John Police Force Implementation Team updating Council on its activities during the past two weeks. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the Saint John Police Force Implementation Team updating Council on its activities during the past two weeks -- be received and filed. Question being taken, the motion was carried. 5. Introduction To Policing - New Officer Orientation And Developmental Education TraininQ ProQram Consideration was given to a report from the Chief of Police submitting a program outline - "An Introduction to Policing for New Officers", for an orientation and developmental training program of the Saint John Police Force; noting the recommendation in the Perivale + Taylor report on the Saint John Police Force for better on-job training for new recruits and a system of orientation for newly-appointed police officers; and recommending that this report be received and filed, and a presentation be made to Common Council in this regard. Mr. Groody introduced the above-mentioned program, as well as the Program Design and Coordination Team members Personnel Officer Peter Morgan, Police Sergeant Kevin McDonald and Police Constable Dan Oram; and, through an overhead presentation, Messrs. Oram, Morgan and McDonald presented the Program outline as previously-submitted during which time Janet Holt, Sarah Wilson and Brian Malone's presence at the meeting was recognized in view of their contribution to this training program. 44(a) Municipal Plan Amendment And (b) Re-ZoninQ 2291 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, 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; and (b) the proposed re-zoning of the same parcel of land from "RS-1" One- and Two-Family Suburban Residential to "B-2" General Business classification, to continue to use the property for a used car sales lot, as requested by Brian and Artith Train, and no written objections were received in this regard. 44{ c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and five letters objecting to the above application, which were considered at the Committee's July 15 meeting at which Mr. Paul Russell spoke against the application with the primary concern that the area should remain residential and, if approved, this would encourage additional illegal businesses to operate in the area, and no one appeared on behalf of the applicant; and recommending that the application be denied. Mr. Brian Train, appearing in support of his application and referencing portions of the above-mentioned Planning staff report, advised of his contact with the City, upon receipt of letters sent to him stating that he was in violation of the Zoning By- Law, to indicate that he was licensed by the Province to sell motor vehicles because he was on Route #1, which is a Provincially-designated highway not a residential street; noted the existence of a convenience store and gas bar and a small engine repair 86-505 COMMON COUNCIL JULY 21,1997 business in the area of his property, as well as businesses along Loch Lomond Road; and expressed the view that his car sales business would generate no additional traffic on Loch Lomond Road which is a main highway to the Airport. Mr. Train advised that he was not interested in providing an auto repair service on the subject property and that, having spoken to his neighbours about his proposal, none of them have a problem with him; suggested that, with regard to the reference in the above-mentioned Planning staff report to a similar application at 2690 Loch Lomond Road, his application should be considered individually; and also advised that, with regard to an indication that his commercial access did not satisfy the By-Law standard, he would be willing to accommodate whatever zoning standards necessary to make it appropriate to be zoned. Mr. Train responded to concerns expressed in letters submitted to Council by the Planning Advisory Committee from Joan and Lee Lawrence, B. L. Charlton and Dorothy Ratcliffe. Mr. Train responded to the Mayor's questions about how long he had been in business on the subject property and the extent of City staff's follow-up on letters forwarded to him; and Councillor Trites expressed concern about applications of this nature being received after the business had been ongoing for two, three or four years in anticipation that it would be legalized. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, the application of Brian and Artith Train for a Municipal Plan amendment and re-zoning of property at 2291 Loch Lomond Road be denied. During discussion the Mayor advised of her concern that, although the used car lot in question was not difficult to see and has been in business for a period of time, the City did not actively try to pursue the matter and that there was a three-year delay in correspondence from the City to the applicant in this regard, as well as about a business being allowed to operate for a number of years before the City decides to take action; and, in response to Councillor Waldschutz as to how long it would take to close the business down should the above motion prevail, Mr. Edwards replied that it would depend on the applicant who hopefully would voluntarily comply and it would happen almost immediately; however, assuming non-cooperation through the entire process, it could easily take three months; and Councillor Waldschutz advised that, of his telephone contact with seven or eight people who live in the immediate area, not one had a problem with Mr. Train's operation, and suggested that first and second readings should be given with staff asked to provide some Section 39 conditions at third reading which would restrict the business to auto sales only to ensure that there would be no danger of other undesirable things occurring. Councillor Brown asked the reason for the reference to zoning standards in the submitted Planning staff report, to which Mr. Pollock replied that the issues of setback, driveway and landscaping were really more technical items in that, if the By-Law amendment were adopted, they should be addressed and corrected; however, the residential area and compatibility with that remain the main objection; and confirmed that the standards in question could be met on the lot in question and, if the re-zoning were approved under Section 39 conditions, the area of use on the lot for the subject purpose could be limited by re-zoning only a portion of the area advertised for re-zoning, as could the number of vehicles and use for display and sales. Question being taken, the motion was carried with the Mayor and Councillors Brown, Knibb and Waldschutz voting "nay". 45(a) Municipal Plan Amendment And (b) Re-ZoninQ 2690 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, 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 a lot area of approximately 8 acres, from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same 86-506 COMMON COUNCIL JULY 21,1997 parcel of land from "RR" One-Family Rural Residential to "B-2" General Business classification, to continue the use of the property for a used car sales lot, as requested by Victor Train, and no written objections were received in this regard. 45{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and three letters objecting to the above application, which were considered at the Committee's July 15 meeting at which no one appeared on behalf of the applicant and Mr. Paul Russell spoke against the application with the prime concern being that the area should remain residential and, if approved, this would encourage additional illegal businesses to operate in this area; and recommending that the application be denied. Mr. Victor Train, appearing in support of his application, advised that he had been at the particular location for over eight years and, although he has received numerous letters, he did not want to get the property re-zoned because he did not want his taxes doubled in an attempt to keep his overhead low; and also that he had over twenty letters from people in the immediate area stating they have no objection with the proposal. Mr. Train, in response to the Mayor's question about traffic, advised that vehicles have 66 feet to turn around on his property or they can drive down his driveway of which 12 feet of its 30-foot width is paved and, with regard to the number of vehicles on the property at anyone time, advised that the most he would have would probably be 15; and, replying to Councillor Brown's question about the difficulty of turning a vehicle on the property with other cars present, advised that he could make whatever arrangements Council might want him to do. As to starting a business in the subject area without reference to the City administration, Mr. Train replied that he applied to the Province for a dealer's license, knowing it was a residential zone. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a property located at 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 a lot area of approximately 8 acres, from Low Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was lost with Deputy Mayor Chase and Councillors Ball, Gould, Trites and Vincent voting "nay". On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, the application of Victor Train for a Municipal Plan amendment and re-zoning of 2690 Loch Lomond Road be denied. Mr. Edwards, in response to the Mayor, advised that there was a variety of zones along Loch Lomond Road, although it is predominately residential. Question being taken, the motion was carried with the Mayor and Councillors Brown, Knibb and Waldschutz voting "nay". 46(a) Municipal Plan Amendment And (b) Re-ZoninQ 114 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 114 Loch Lomond Road (NBGIC Number 319228), containing an area of approximately 46,000 square 86-507 COMMON COUNCIL JULY 21,1997 feet with a frontage of approximately 80 feet, from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same property from "R-2" One- and Two-Family Residential to "B-2" General Business classification, to permit the existing building to be used for a real estate sales office, as requested by Coughlan Realty (1992) Ltd., and no written objections were received in this regard. 46{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's July 2 meeting at which Harold Coughlan, the applicant, spoke in favour of his proposal, and Sal Spirio and William Carlin, both of Foley Court, spoke in opposition to the application; advising that, given the nature of the development and the need for site improvements, a Section 39 agreement was recommended; and recommending that Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Low Density Residential to District Centre Commercial, a parcel of land containing an area of approximately 46,000 square feet with a frontage of approximately 80 feet located at 114 Loch Lomond Road (NBGIC Number 319228); and (2) re-zone the same property from "R-2" One- and Two-Family Residential to "B-2" General Business classification, subject to a Section 39 agreement with the following conditions:- (a) the subject property only be used as a real estate office; (b) the applicant be required to prepare a detailed site plan for approval by the Development Officer; (c) the signage be permitted only as approved on the site plan by the Development Officer; (d) the driveway and parking areas be paved with asphalt; (e) the applicant provide on-site parking with sufficient area provided to allow vehicles to exit in a forward motion onto Loch Lomond Road and not back out onto the street; (f) the applicant be required to remove the rock at the entrance of the property, subject to Development Officer approval, in order to provide sufficient viewing access to the subject site and/or Loch Lomond Road; and (g) the applicant be required to post security, in an amount to be determined by the Development Officer, to ensure that the site is developed in accordance with the approved site plan and the above-stated conditions are met, all work to be completed by six months of this meeting date. Mr. Harold Coughlan of 20 Treadwell Drive spoke in support of his application and, in noting the Planning Advisory Committee's recommendation, referred to diagrams (copies of which were distributed to Council members at this time, depicting the existing rock face, the rock to be removed, the future rock face surface, and the required parking, paved surfaces and parking. Mr. Coughlan made the observation that rock that he would be removing at his cost is on City property. With regard to a concern about blasting the rock outcrop, Mr. Coughlan expressed the understanding, having had two contractors look at the property, that it appeared that the majority of the material could be removed with a backhoe and a rock hammer, started in the morning and finished by night; and advised that he could post a certified cheque for the amount of the bond required in accordance with the Planning Advisory Committee's recommendation, although it was his intent to have work done in the next two to three months. Mr. Coughlan, in response to Councillor Brown, advised that, for security reasons only, his son would live in the building which would have one apartment; and, as to Deputy Mayor Chase's reference to the indication in the submitted Planning staff report that the policies of the Municipal Plan did not envisage the conversion of this section of Loch Lomond Road to be a commercial strip like Rothesay Avenue, Mr. Coughlan explained that it was not his intent to make the area a commercial strip in that sense but rather to restore the property, leaving the residence as a residence, with signage to be of marine plywood rather than an illuminated sign which would not fit in with the residential decor there. Mr. Coughlan commented on the problem of classifying a real estate office as real estate does not fall under business and could be called an in-home business as his son would reside there, nor does real estate really fit under the "B-2" General Business category either; and assured Council that he had no problem with the Planning Advisory Committee's recommendation. 86-508 COMMON COUNCIL JULY 21,1997 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 2-A, the Future Land Use Plan, a parcel of land located at 114 Loch Lomond Road (NBGIC Number 319228), containing an area of approximately 46,000 square feet with a frontage of approximately 80 feet, from Low Density Residential to District Centre Commercial classification, be read a first time. Councillor Brown, referring to (2)(a) in the above recommendation, asked if a residence would be allowed in the building, to which Mr. Pollock replied that, while the proposal quite clearly includes a residential use with the apartment proposed, the wording in (2)(a) is not ideal as he believed the intent of the Planning Advisory Committee was not to restrict the residential use, but to restrict the commercial use of the property to a real estate office, thus it would be in order to clarify that at the time of third reading of the proposed re-zoning of the property under Section 39. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 114 Loch Lomond Road (NBGIC Number 319228), containing an area of approximately 46,000 square feet with a frontage of approximately 80 feet, from Low Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 114 Loch Lomond Road (NBGIC Number 319228), containing an area of approximately 46,000 square feet with a frontage of approximately 80 feet, from "R- 2" One- and Two-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 114 Loch Lomond Road (NBGIC Number 319228), containing an area of approximately 46,000 square feet with a frontage of approximately 80 feet, from "R- 2" One- and Two-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act, be read a second time. Question being taken, the motion was carried. 86-509 COMMON COUNCIL JULY 21,1997 Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 47(a) Zoning By-Law Amendment To Re-Zone 445 Boars Head Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 1.1 hectares (2.8 acres) of land situated at 445 Boars Head Road (NBGIC Number 449553), from "RM-1" Three-Storey Multiple Residential to "R-2" One- and Two-Family Residential classification, to carry out a development consisting of approximately eight semi- detached dwellings on a new public street, as requested by Mike Cavanagh Homes, and no written objections were received in this regard, with {Q..l a letter having been received from Scottish Enterprises Ltd., owner of the subject property, requesting to withdraw the application as the party who placed the application has withdrawn from the project. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that Common Council authorize withdrawal of the application of Mike Cavanagh Homes for the re-zoning of property at 445 Boars Head Road, as requested by Scottish Enterprises, Ltd., the property owner. Question being taken, the motion was carried. 48(a) Zoning By-Law Amendment To Re-Zone 243 Sherbrooke Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of approximately 662 square metres (7,125 square feet) of land situated at 243 Sherbrooke Street (NBGIC Numbers 389882, 55102487 and 55102495), from "R-2" One- and Two-Family Residential to "R- 4" Four-Family Residential classification, to construct a three-unit two-storey townhouse building, as requested by Premium Investments Inc., and no written objections were received in this regard. 48{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and six letters expressing an objection to the proposal, which were considered at the Committee's July 15 meeting at which the applicant, Ralph Stephen of Premium Investments Incorporated, expressed disagreement with the staff recommendation and no other presentations were made; advising that the Committee resolved to recommend in favour of the requested amendment, but did not consider variances referenced in the submitted staff report as the proponent indicated that the variances relating to the project could be avoided and were not intentionally being sought; and recommending that Common Council re-zone approximately 662 square metres (7,125 square feet) of land situated at 243 Sherbrooke Street (NBGIC Numbers 389882,55102487 and 55102495), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification. Debbie King of 236 Sherbrooke Street appeared in opposition to the proposed re-zoning based on her main concern that, as this is a small single-family dwelling community, she would like to keep it that way rather than have a townhouse unit put up there, and noted that there were many areas around that have townhouse 86-510 COMMON COUNCIL JULY 21,1997 units, including Meadowland just off Sand Cove Road. Ruby Wilson of 229 Sherbrooke Street spoke against the proposed re- zoning, expressing agreement with Mrs. King's comments, and for the reason that the area is small with four corners between Bleury and Sherbrooke Streets at which there are frequent accidents, and the townhouse development was not needed in the area. Irene C. Donovan expressed objection to the proposed development next to her property, which is adjacent to the subject property, as the development would be too big in size to the self-contained homes in the area. Ralph Stephen of Premium Investments Inc., speaking in support of his application for re-zoning, clarified that side-yard, front-yard and parking variances were not required by the developer as, although most properties in the area have fewer set- backs than the proposed development, there were sufficient side-yard and front-yard setbacks available within the proposal and the driveways could be adjusted to provide four additional parking spaces; and, with regard to a concern with the possibility that an apartment complex could be built on the property, the subject proposal was not intended for the eventual construction of an apartment complex. Mr. Stephen noted the Zoning By-Law's inclusion of a provision that could limit the use of the lot in question to reflect the residential townhouse development, which was being requested; and also noted that, while the majority of the homes in the area were one- and two- family residential, there were exceptions to this, for example, in the case of a multi- family dwelling at the end of Ontario Street and two three-family dwellings on Molson Avenue, both of which are situated on lots with similar density to his proposal. Mr. Stephen questioned a concern about his proposed development devaluing adjacent properties in that, based on his experience, he had never seen an example where the construction of a new dwelling similar in nature to the surrounding homes, i.e. single- family homes, and priced higher than the average sale price of homes in the area has resulted in the devaluation of adjacent properties as, in most cases, the property values remained constant and, on a few occasions, the average sale price would increase to reflect the increase in the price of adjacent homes. Mr. Stephen commented on the economic benefit to the City from the proposed development in that the property's current assessed value of approximately $8,000 would increase when the development was complete to approximately $270,000, resulting in a significant increase to the residential property tax base; and expressed the view that his request was for the development of three single-family homes on a lot that meets all the technical specifications as described in the Zoning By-Law, on a street that is primarily made up of single-family homes. Mr. Stephen confirmed that the three-single family homes would be joined together in a townhouse unit and, even with a re-zoning to Four-Family Residential, it was the intent to have only a three-unit townhouse, with parking for four cars. Councillor Vincent questioned the distance of the edge of the proposed structure to the property line, to which Mr. Stephen suggested that, as the drawing referred to might not be the correct document, he should refer to the Planning Advisory Committee's report. Deputy Mayor Chase questioned the market value for the dwellings and a concern about traffic at the intersection, to which Mr. Stephen replied that he anticipated a value of $89,900 as a list, and hopefully sale, price of the properties and, in the latter regard, suggested that people who would buy the units might not necessarily have vehicles and, in view of the property's close proximity to the downtown core and bus and other services, his target market would be people who maybe worked on the West Side and could walk to work, as well as have access to bus service. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 662 square metres (7,125 square feet) of land situated at 243 Sherbrooke Street (NBGIC Numbers 389882,55102487 and 55102495), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a first time. In response to Councillor Vincent's question about the distance between the end of the subject property and the property lines to the left and right side, Mr. 86-511 COMMON COUNCIL JULY 21,1997 Pollock confirmed that the distance of nine and six feet, respectively, was the way it was shown on the drawing and this was the reason why the staff report indicated that a variance was required as the 6 feet on the right-hand side is lower than the minimum side-yard requirement for the property and, in order to meet that requirement, the building would have to be shifted over so that there were side-yards of 7 and a half feet on either side in order to meet the minimum Zoning By-Law requirement. Deputy Mayor Chase noted Planning staff's recommendation to the Planning Advisory Committee to deny the application, and Councillor Gould made the observation that Planning staff's conclusion was to the effect that, while the site could accommodate the proposed development, with some modifications, the building was incompatible with the neighbourhood. 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 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 662 square metres (7,125 square feet) of land situated at 243 Sherbrooke Street (NBGIC Numbers 389882,55102487 and 55102495), from "R-2" One- and Two-Family Residential to "R-4" Four-Family 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 Gould RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting.) 49(a) Amendment To Section 39 Conditions Of Re-Zoning Of 170 Ashburn Lake Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 agreement dated April 24, 1991 with respect to a parcel of land located at 170 Ashburn Lake Road, being portions of NBGIC Numbers 305128 and 298422, by adding a solid waste transfer station as a permitted use of the land, to permit the establishment of a temporary solid waste transfer station, as requested by Transfer Station Inc., and no written objections were received in this regard, with {Q..l a letter having been received from Mr. Dumpster MDI Management Inc. withdrawing the application for a solid waste transfer station at 170 Ashburn Lake Road. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that Council accept the withdrawal of the application of Transfer Station Inc., as requested by Mr. Dumpster MDI Management Inc. 86-512 COMMON COUNCIL JULY 21,1997 Question being taken, the motion was carried. The Mayor asked Council's consideration at this time of items 14 and 42, noting the delegation present at this meeting in this regard, whereupon a motion was proposed by Councillor Ball and seconded by Councillor Gould to consider these items at this time. 14. Development Of Skateboard Parks At Broad Street PlaYQround & Beaconsfield Park Consideration was given to a report from the City Manager regarding a proposal to develop skateboard parks in the Broad Street playground and in Beaconsfield Park, further to an approach to the City in the fall of 1996 from a group of Saint John area youth and an approach earlier this year by a group of residents (parents) of the Beaconsfield Park area; noting that $15,000 was provided in the 1997 Community Services Capital Program to construct a facility; and recommending that this report be received and filed. 42. (a) K.W. Johns; (b) Ronald R. Richard (c) Wendy Maillet - Skateboard Parks In Beaconsfield Park Consideration was also given to the letters from (a) K.W. Johns expressing concern about the possible conversion of the sports area behind Thomas and Drummond Streets to a skateboard park; (b) Ronald R. Richard expressing his frustration and disappointment in hearing of opposition to the development of a skateboard park in the City-owned recreational facility located in the Beaconsfield area; and (c) Wendy Maillet in favour of the proposed skateboard park at Beaconsfield; as well as to a letter (copies of which were distributed to Council members on this date) from Darlene Splane expressing the view that a skateboard park for Beaconsfield was a very much-needed facility for the young people in the area. Councillor Waldschutz proposed a motion to receive and file the above report, and the Mayor suggested that Council could consider the Broad Street Playground and Beaconsfield Park areas as two separate issues. On motion of Councillor Waldschutz Seconded by Deputy Mayor Chase RESOLVED that Council receive the City Manager's report with regard to the development of a skateboard park at the Broad Street Playground, and refer the matter of the Beaconsfield skateboard park back to the City Manager for review and a report at the next meeting. (Councillor Vincent re-entered the meeting.) During discussion the issue of the City's insurance requirements for a skateboard park was broached, and item 30 on the agenda of this letter was referenced in that it included a complaint about skateboarders. Question being taken, the motion was carried. 30. John R. Biggar Re Dogs And Skateboards In KinQ's Square On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from John R. Biggar expressing concern about skateboards and dogs running loose in King's Square and on streets, as well as about the need for something to be done about a house on Market Place -- be referred to the City Manager. The initial motion to receive and file the above letter was changed to that 86-513 COMMON COUNCIL JULY 21,1997 above upon Councillor Brown's observation that the letter concerned more than the skateboard issue in its reference to a house at Market Place. Question being taken, the motion was carried. 42. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letters from K.W. Johns, Ronald R. Richard, Wendy Maillet and Darlene Splane regarding a skateboard facility at Beaconsfield Park -- be received and filed. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 50. Saint John Parking Commission 1996 Annual Report Consideration was given to a letter from the Saint John Parking Commission submitting its 1996 Annual Report. Dwight Allaby, Chairman, and Richard Smith, Administrator, of the Saint John Parking Commission, were present at the meeting, and Mr. Allaby, having offered to respond to questions in this regard, advised that the token program with retailers throughout the City was working to some extent and still required promotion and, with regard to the issue of selling discounted parking spaces to students, advised that the basic principle decided upon was that the Commission would not consider people attending other than high schools as students and the other educational institutions which were fee-paying places were looked upon as being different, and parking was provided to high school students only if it were available, in other words, it would be surplus parking. With regard to the Commission's interest in the former Odeon Theatre property, Mr. Allaby made the observation that the Commission has a policy whereby it does not remove buildings and, while it would have a need for this property basically because of the configuration of the present lot in this area, it was not taking any steps in terms of the subject property; and, concerning the Chipman Hill Parking Garage's lack of profit, made the observation that, in most years, a substantial amount of repair is done to the structure itself which uses up the profit, although the agreement is such that, despite the fact that there is no profit, when the final payment is made there would be an additional amount of $895,000 due to the Commission which would mean that the profit would be paid out in the payment at that time. As to the Commission making a profit, Mr. Allaby noted that the Commission was not in the parking business to make a profit and its basic attempt was to better Uptown Saint John in terms in parking, thus money was all earmarked to go back, hopefully, as parking or landscaping and beautification. (Councillors Vincent and Waldschutz withdrew from and Councillor Trites re-entered the meeting during the above discussion.) On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that Council accept the Saint John Parking Commission's 1996 Annual Report with appreciation. Question being taken, the motion was carried. 6. Tender For Contract 97-8 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the 86-514 COMMON COUNCIL JULY 21,1997 City Manager, Contract 97-8, Crackfilling 1997, be awarded to the tenderer, Road Savers Maritime Limited, at the tendered price of $20,500, as calculated 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. 7. Tender For Farm Tractor On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the tender of Hall Brothers Inc., in the amount of $27,225, plus tax, be accepted for the supply of one only farm tractor, complete with a snow blower attachment. (Councillors Vincent and Waldschutz re-entered the meeting.) Question being taken, the motion was carried. 8. Tender For Petroleum Products On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the tender of Irving Oil Ltd. be accepted for the establishment of a supply agreement for regular unleaded gasoline, diesel fuel and furnace oil, to both the City of Saint John and Saint John Transit, for a period of not more than one year from the date of award by Common Council. Question being taken, the motion was carried. 9. Tender For Tennis Court Rehabilitation On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the tender of Fundy Fence Ltd., in the amount of $52,600 (plus tax), be accepted for the rehabilitation of the tennis courts at Shamrock Park. Question being taken, the motion was carried. 10. Re Thomas J. Hammett's Letter Re Residential Real Estate Tax Rate On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the report from the City Manager further to Council's consideration on April 21 of a letter from Thomas J. Hammett, FCA, making observations on the manner in which the Province levies its property tax and, in particular, the use of the Provincial Property Tax Credit for owner- occupied homes; and recommending that this report, together with the submitted letter from Mr. Hammett, be forwarded to the Minister of Finance for consideration and that he be requested to reply to Mr. Hammett and the City on his findings and conclusions -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 11. Re SmoQ Information Forecast On motion of Councillor Knibb 86-515 COMMON COUNCIL JULY 21,1997 Seconded by Councillor Vincent RESOLVED that the report from the City Manager submitting a copy of the news release and background information concerning the pilot program of the first of its type in Canada and involving a smog forecast that will be issued twice a day until the first of October, which was announced jointly by Environment Canada and the Provincial Department of the Environment -- be received and filed. Question being taken, the motion was carried. 12. Re City Centre Housing Co-Op's Letter - SiQnaQe On Elliott Row On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the report from the City Manager advising that, further to Council's consideration on July 7 of a letter from the City Centre Housing Co-Op concerning traffic issues on Elliott Row, staff has issued a work order to install additional signage on Crown Street at the Crown, Mecklenburg and Orange Streets intersections to warn motorists of the approach of a one-way street and, with regard to the request for children playing signs, staff is adamantly opposed to such signs as studies show that they may actually be dangerous in that they instill a false sense of security in children and tend to be ignored by motorists, and staff has arranged for a contact between the Co-Op and the City's Community Services Department to explore this issue and perhaps develop a safe solution to it -- be received and filed and a copy be forwarded to the City Centre Housing Co-Op for its information. Question being taken, the motion was carried. 13. Service Extension To 133 RaQQed Point Road On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that the report from the City Manager regarding the matter of a service extension to 133 Ragged Point Road, which was the subject of discussion at the June 9 public hearing of the application of the Diocese of Saint John for a proposed Section 39 amendment to the conditions of re- zoning of the subject property, as well as of a letter to Council on June 23 submitting plans and cost summary; advising that, after fully examining the estimates, it is clear that the applicant has in this case budgeted insufficient funds to cover service extensions and all on-site work (parking lot, site drainage and service laterals), and this has led to the request for assistance; setting out a summary of the estimated costs, and the proposal for the City to undertake the extension of the water line and delete the requirement for a concrete sidewalk, with the applicant to be responsible for the completion of the remaining work (sewage force main), concrete curb and storm sewer, as well as for the provision of the required easement; and recommending that the City be responsible for the full cost of extending the water line on Ragged Point Road on the condition that: (1) the church be fully responsible for the construction and cost associated with the sewage pump and force main, and the storm sewer and curbing; and (2) the existing storm sewer be protected by an easement for municipal services -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 15. Re Keith Taylor's Expenses & Fees On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the report from the Chief of Police providing a detailed breakdown of Saint John Police Force 86-516 COMMON COUNCIL JULY 21,1997 Implementation Team Facilitator Keith Taylor's expenses and fees to the end of May 1997 -- be received and filed. Question being taken, the motion was carried. 16. Canadian Security And Intelligence Service - Donation Of Vehicle On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the report from the Chief of Police advising of the donation of a police vehicle to the Saint John Police Force from the Canadian Security and Intelligence Service, Maritime Region. and the Chief's acceptance on July 11 of a 1990 Ford Taurus, 4-door sedan for which he had the vehicle registration transferred to the City of Saint John -- be received and filed and a letter of thanks be forwarded to the Canadian Security and Intelligence Service. Question being taken, the motion was carried. 17. 92nd Annual Canadian Association Of Chiefs Of Police Conference (CACP) On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the report from the Chief of Police extending an invitation to the Mayor and members of Common Council to meet with the Chiefs of Police and their companions and to come aboard the HMCS Fredericton on its visit to Saint John on August 28 during the 92nd Annual Canadian Association of Chiefs of Police Conference being hosted by the Fredericton Police Force commencing August 23 -- be received and filed. Question being taken, the motion was carried. 18. Re Multicultural Association Of Saint John Letter On Cross-Cultural Communication StrateQies On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the report from the Chief of Police advising that, further to Council's May 20 referral to him of a letter from Multicultural Association of Saint John, Inc., advising of two workshops on cross- cultural communication strategies dealing with policing a multicultural society and cross- cultural concerns in law enforcement, the Training NCO for the Saint John Police Force arranged for twelve officers to attend these workshops which, unfortunately, were cancelled -- be received and filed. Question being taken, the motion was carried. 19. Re Leadership '97 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the Chief of Police, Common Council endorse the participation of the Saint John Police Force in the Leadership '97 workshop in Cape Breton in November 1997. Question being taken, the motion was carried. 20. Municipal Plan Amendment And Re-ZoninQ 121 Golden Grove Road 86-517 COMMON COUNCIL JULY 21,1997 Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Doug Queen, with regard to property at 121 Golden Grove Road, have been completed, and the date for written objections expired on July 9, 1997, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Doug Queen for a Municipal Plan amendment and re-zoning of property at 121 Golden Grove Road, 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 Tuesday, September 2, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 21. Municipal Plan Amendment And Re-ZoninQ 1739-1745 Grandview Avenue Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Andrew C. Hunter, with regard to property at 1739-1745 Grandview Avenue, have been completed, and the date for written objections expired on July 9, 1997, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Andrew C. Hunter for a Municipal Plan amendment and re-zoning of property at 1739-1745 Grandview Avenue 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 Tuesday, September 2, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 22. Municipal Plan Amendment And Re-Zoning 89 Westmorland Road & 11-15 Clay Works Lane Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Dan Roberts, with regard to property at 89 Westmorland Road and 11-15 Clay Works Lane, have been completed, and the date for written objections expired on July 9, 1997, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Dan Roberts for a Municipal Plan amendment and re-zoning of property at 89 Westmorland Road and 11-15 Clay Works Lane 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 Tuesday, September 2, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 23. Zoning By-Law Amendment To Re-Zone Properties To "US" Classification On motion of Councillor Knibb Seconded by Councillor Waldschutz 86-518 COMMON COUNCIL JULY 21,1997 RESOLVED that the by-law entitled, "By-Law Number C.P. 100-438 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning: (a) a property identified as NBGIC Number 425512, located at the end of Gibson Avenue in the Lakewood Heights Subdivision, from "RS-1" One- and Two-Family Suburban Residential to "US" Utility and Service; (b) a property identified as NBGIC Number 55038988, located off Cottage Road, from "RF" Rural to "US" Utility and Service; (c) a property located at 681 Fundy Drive (NBGIC Number 335893), from "R-1 B" One-Family Residential to "US" Utility and Service; (d) a portion of the Rockwood Park property consisting of an area of land measuring 91.4 metres (300 feet) by 91.4 metres (300 feet), and identified as NBGIC Number 52548, from "P" Park to "US" Utility and Service; (e) a portion of land located off Sandy Point Road and identified as NBGIC Number 55058945, comprising an area measuring 91.4 meters (300 feet) by 91.4 metres (300 feet), from "RS-2" One- and Two-Family Suburban Residential to "US" Utility and Service; (f) a portion of land known as 60 Dantes Drive (NBGIC Number 55059380), having 19.8 metres (65 feet) of street frontage and 79.2 metres (260 feet) in depth, from "RSS" One-Family Serviced Suburban Residential to "US" Utility and Service; (g) a portion of land located at the end of Woodward Avenue and identified as NBGIC Number 51771, having an area measuring approximately 152 metres (500 feet) by 152 metres (500 feet), from "RS-2" One- and Two-Family Suburban Residential to "US" Utility and Service; (h) a parcel of land located at 139 Bay Crescent Drive (NBGIC Number 24364), having 36.6 metres (120 feet) of street frontage and 36.6 metres (120 feet) in depth, from "RS-2" One- and Two-Family Suburban Residential to "US" Utility and Service; (i) a parcel of land located at 173 Karen Street (NBGIC Number 425660), having approximately 55 metres (180 feet) of street frontage and 44 metres (145 feet) in depth, from "RS-1" One- and Two- Family Suburban Residential to "US" Utility and Service; U) a parcel of land known as the Lancaster wastewater treatment plant, located off Highway #1 and identified as NBGIC Number 403733, containing approximately 18.2 hectares (45 acres), from "RF" Rural to "US" Utility and Service; (k) two parcels of land located at 20 Mcintosh Street (NBGIC Numbers 42614 and 42622), having approximately 2.6 hectares (6.5 acres), from "IR" Restricted Industrial, "R-1 B" One-Family Residential and "RM-1" Three-Storey Multiple Residential to "US" Utility and Service; and (I) a portion of land located near the end of Ocean Westway, identified as NBGIC Numbers 286526 and a portion of 286559, and measuring approximately 183 metres (600 feet) by 183 metres (600 feet), from "P" Park to "US" Utility and Service, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-438 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. (Deputy Mayor Chase withdrew from the meeting.) 24. 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, July 7, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That a grant of up to $2,000 be approved for the 1997 Canadian Firefighters' Combat Challenge to be hosted by the fire fighters of the Saint John Fire Department and such funds may be advanced on the understanding that any amount not required would be returned to the City. Respectfully submitted, 86-519 COMMON COUNCIL JULY 21,1997 July21,1997, Saint John, N.B. (sgd.) Shirley McAlary, C h air man. 24.1. Canadian FirefiQhters' Combat ChallenQe On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 25. Planning Advisory Committee Subdivision 1155 Sand Cove Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the submitted subdivision plan of 1155 Sand Cove Road illustrating an 892-square metre (9,602- square foot) area of land to be vested as a future street; (2) a cash-in-lieu of land for public purposes dedication be accepted for the proposed subdivision; (3) Common Council authorize the preparation and execution of a subdivision agreement to ensure provision of the required work; and (4) Common Council authorize the cost sharing outside the limits of the subdivision for the extension of municipal services. (Deputy Mayor Chase re-entered the meeting.) Question being taken, the motion was carried. (Councillor Ball withdrew from the meeting as he was not present for the April 14 public hearing for the proposed Municipal Plan amendment and re-zoning of 985-1001 Millidge Avenue.) 26(a) Planning Advisory Committee Re Municipal Plan Amendment And Re-ZoninQ 985-1001 MillidQe Avenue Consideration was given to a report from the Planning Advisory Committee further to its report at the April 14 public hearing of the application of Rocca Property Management Inc. for a Municipal Plan amendment and re-zoning of property at 985-1001 Millidge Avenue at which time Council made no decision pending the Committee's recommendation; submitting copies of correspondence considered by the Committee at its July 8 meeting at which presentations were made by the applicant and four area residents who were opposed to the revised 14-unit proposal which was considered similar to the original 15-unit proposal and not appropriate for the area; and recommending that the application be denied. 26(b) Rocca Property Management Inc. Re MillidQe Avenue/Manners Sutton Road Consideration was also given to letter from Rocca Property Management Inc. asking for Council to support its requested Municipal Plan amendment and reject the Planning Advisory Committee's recommendation against the proposal, and for Council to seriously consider the reality of the situation and take into consideration all of the issues, not just the narrow planning issue that the Planning Advisory Committee took into consideration; and also asking that third reading be given to the By-Law changes to allow the Company to start construction this fall, otherwise the project could not start until the spring. 86-520 COMMON COUNCIL JULY 21,1997 On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending 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 GUIDELlNES- 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.", be read a first time. Councillor Knibb, noting the presence at the meeting of Mr. John Rocca, expressed the view that Mr. Rocca's letter put forth arguments as to why Council should overrule both the Planning staff and the Planning Advisory Committee. Councillor Gould, on a point of order, questioned if the motion had been seconded, to which the Mayor noted that the motion had been seconded by Deputy Mayor Chase; and during discussion Councillor Gould advised his intent to vote against the motion on the basis that it would represent a backward step and cause problems for future Councils, and his concern about the City eventually being responsible for plowing a private road to the back of the project, amending the Millidgeville Secondary Plan to the point that it no longer has any meaning, and that, while the Plan indicates that the lot in question should have no more than eight units, the proposal would include eleven units. Mr. Pollock, in response to Councillor Gould, made the observation that Planning staff's recommenda-tion to the Committee to deny the application was for the reason that, while the development was very attractive and of high-quality, the proposal was not consistent with the general intent of the Millidgeville Secondary Plan nor with the overall character of the surrounding neighbourhood. Question being taken, the motion was carried with Councillor Gould 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 amending 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 86-521 COMMON COUNCIL JULY 21,1997 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.", be read a second time. Question being taken, the motion was carried with Councillor Gould voting "nay". Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property 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 "ID" Integrated Development classification, be read a first time: AND FURTHER that staff be requested to submit for Council's consideration conditions pursuant to Section 39 of the Community Planning Act. Question being taken, the motion was carried with Councillor Gould voting "nay". Read a first time the by-law to amend the Zoning of the City of Saint John. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning 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 "ID" Integrated Development classification, be read a second time. Question being taken, the motion was carried with Councillor Gould 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 Deputy Mayor Chase RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. 86-522 COMMON COUNCIL JULY 21,1997 Question being taken, the motion was carried. (Councillor Ball re-entered the meeting.) 27. Saint John Industrial Parks Ltd. Selection Of Landscape Architect On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the report from Saint John Industrial Parks Ltd. advising the results of its proposal call to obtain the services of a landscape architect to address the poor aesthetics of the Industrial Parks, as referenced in the Saint John Industrial Infrastructure Needs and Market Potential Study, with the preparation of individual landscape master plans to be the first step in the process to improve the image of the Industrial Parks; and advising of its selection of the partnership of BDA Ltd. of Sussex and Outside Design of Saint John -- be received and filed. (Deputy Mayor Chase withdrew from the meeting.) Question being taken, the motion was carried. 28. Board of Trustees Of City Of Saint John Pension Plan - Pension Act Amendments Consideration was given to a report from the Board of Trustees of the City of Saint John Pension Plan advising that, further to Common Council's approval of the Board's recommendation for amendments to the Pension Plan for presentation to the fall session of the New Brunswick Legislature, the Board's solicitor has advised of minor wording changes to several of the proposed sections and the City Solicitor has advised that it was necessary for Council to approve these minor wording changes; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, the resolution adopted by Common Council on June 23, 1997 regarding proposed amendments to the Pension Act be rescinded: AND FURTHER that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the submitted amendments to the Pension Act for presentation to the fall session of the New Brunswick Legislature. Question being taken, the motion was carried. *28A. Nominating Committee Recommendation Appointments To Transit Commission On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Nominating Committee, Andrew Britton, Murray Beesley and Peter Gaulton be appointed to the Saint John Transit Commission for a term of three years. Question being taken, the motion was carried. 29. Minister Of The Environment Re MusQuash Watershed 86-523 COMMON COUNCIL JULY 21,1997 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from The Honourable Vaughn Blaney, Minister of the Environment, advising that, further to Common Council resolution of May 26, 1997 which referred to him John D. Stears' letter expressing concern with regard to the Musquash watershed as well as other watersheds used for municipal drinking water supply in New Brunswick, the preservation of the Musquash water supply, along with all the other 29 municipal drinking water supplies, will be considered very carefully before the completion of the Water Supply Program early in the near year -- be referred to The Honourable Joan Kingston, Minister of the Environment, reinforcing the City's concern in this regard. The initial motion to receive and file the above letter was withdrawn subsequent to the Mayor's suggestion that a letter should be forwarded to the new Environment Minister reminding her of the City's interest in this matter, especially in view of the concern about the use of motor boats in the watershed area during the warm weather. (Deputy Mayor Chase re-entered the meeting.) Question being taken, the motion was carried. 31. The Hardman Group Limited - Agents For Market Square Leaseholds Ltd. Re Use Of Boardwalk Area For Buskers Festival On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from The Hardman Group Limited, Acting as Agents for Market Square Leaseholds Ltd., requesting the use of the Market Square Boardwalk area for afternoon and evening performances of the Buskers Uptown Festival from July 25 to 27 -- be received and filed and Council accede to the request. Question being taken, the motion was carried. 32. Steve Anderson - Representation Available To Lorneville Residents On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Steve Anderson advising of his concern about the degree of representation to the residents of the community of Lorneville with respect to the past and potential negative impact from industrial development and land use -- be received and filed. Question being taken, the motion was carried. 33. Petition For Installation Of Dusk-To- Dawn LiQht In Park Off Courtenay Avenue On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the petition from residents requesting, in the interest of preventing crime in their neighbourhood, the installation of a dusk-to-dawn light in the park off Courtenay Avenue -- be referred to the City Manager. Question being taken, the motion was carried. 86-524 COMMON COUNCIL JULY 21,1997 34. Dr. RA. Alexander, Veterinarian ParkinQ At 234C Main Street North On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Dr. RA. Alexander, Veterinarian, requesting that a one-hour parking restriction for two parking spots be placed in front of his clinic at 234C Main Street North during business hours -- be referred to the City Manager and the Saint John Parking Commission. Question being taken, the motion was carried. 35. Walter Chase - Request For Heritage DesiQnation For 55 Mount Pleasant Avenue On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that the letter from Walter Chase requesting that his home at 55 Mount Pleasant Avenue be designated as a heritage home -- be referred to the City Manager and the Preservation Review Board. Question being taken, the motion was carried. 36. Saint John Port Corporation Fireworks Displav Julv 1. 1998 On motion of Councillor Ball Seconded by Councillor Waldschutz RESOLVED that the letter from the Saint John Port Corporation extending an offer of co-operation between the staff of the City of Saint John and the staff of the Port Corporation in organizing a Canada Day fireworks display for July 1, 1998 -- be referred to the City Manager. The Mayor, in suggesting that the above letter could be received and filed, advised that, because so many citizens made a plea for the City to have fireworks this year and unfortunately over $6,000 in Federal money for Canada Day was not applied for, she suggested to the Port Corporation that maybe it might have funding available for a fire works display this year, and there could be other corporate funding available s well. Councillor Trites asked for a report on the cost of putting on a ten- or fifteen-minute fireworks choreographed demonstration, and the Mayor suggested that Public Affairs Manager Kenneth Galbraith could look into this matter. Councillor Brown expressed the view that, because of the current economy and the number of people out of work, Canada Day money should be used to celebrate with the poor by giving them the money, and the elected politicians could work for them for a day. Question being taken, the motion was carried with Councillor Brown voting "nay". 37. Gary K. Kyle - Driveway At 52-54 Cunard Street On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Gary K. Kyle advising of his contact with City staff concerning his property located at 52-54 86-525 COMMON COUNCIL JULY 21,1997 Cunard Street which has a driveway off Victoria Street, and the installation of a no- parking sign on the corner away from the area in question -- be referred to the City Manager. Question being taken, the motion was carried. 38. Residents Of Gerard Street, Byron Street & Parkhill Drive Re Water Problems On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the petition from residents, owners and tax payers of properties on Gerard Street, Byron Street and Parkhill Drive advising of water problems in the area, and demanding Council's earliest consideration regarding this matter -- be referred to the City Manager. Question being taken, the motion was carried. 39. Fundy Region Solid Waste Commission Establishment Of Waste Diversion Committee On motion of Councillor Vincent Seconded by Councillor Waldschutz RESOLVED that the letter from the Fundy Region Solid Waste Commission advising that it is in the process of establishing a Waste Diversion Committee and is asking various groups in the Fundy Region to assist it in this plan by appointing one of their members as a representative on this Committee; and submitting a copy of the Committee's functions, general responsibilities and qualifications -- be referred to the City Manager. Question being taken, the motion was carried. 40. Uptown Saint John Inc. Capital Works Uptown Area 43. Hayward And Warwick - Condition Of Charlotte Street Between KinQ Square South & Princess Street On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Uptown Saint John Inc. requesting that Common Council reallocate a portion of its 1997 Capital Works Budget for the Uptown area, specifically for street and sidewalk repairs on Prince William Street between Princess and Duke Streets, to complete sidewalk and curb reconstruction on the east side of Charlotte Street from King Square South to Princess Street and on the north side of Princess Street from Charlotte to Sydney Streets, as shown on the submitted map; and the letter from Hayward and Warwick expressing concern about the condition of the street surface on Charlotte Street between King Square South and Princess Street; and asking for the appropriate work to be done as soon as possible to remediate this problem -- be referred to the City Manager. Question being taken, the motion was carried. 41. Fundy Region Solid Waste Commission Proposal For Compost Bin Demonstration On motion of Councillor Vincent Seconded by Councillor Waldschutz RESOLVED that the letter from Lee 86-526 COMMON COUNCIL JULY 21,1997 W. Williams, Summer Student Leader on behalf of the Fundy Region Solid Waste Commission, submitting a proposal for a compost bin demonstration and promotion for Council's viewing -- be referred to the City Manager. Councillor Vincent initially proposed a motion to receive and file the above letter whereupon the Mayor suggested that it should be referred to the City Manager because, last year, there was mention of a City project whereby citizens could deposit leaves for composting at Howe's Lake and, while there was the issue of providing bags to the citizens for the leaves, the City could possibly get the bags donated for this use; and noted that this could save the City a tremendous amount of money rather than having to transport bagged leaves to the transfer station. Question being taken, the motion was carried. The Mayor advised that, having spoken with the City Manager about the ten items on the Committee of the Whole agenda of this date which were not dealt with, there was nothing that required action for two weeks, therefore, these items would appear on the next agenda. Adiournment The Mayor declared the meeting adjourned. Common Clerk