Loading...
1997-09-02_Minutes 86-566 COMMON COUNCIL SEPTEMBER 2, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the second day of September, A.D. 1997, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; S. Armstrong, Director of Engineering; G. Yeomans, Manager of Accounting Services; J. Baird, Manager of Community Planning; J. Mcintyre, Manager of Industrial Relations; D. Logan, Purchasing Agent; G. Tait, Fire Chief; D. Sherwood, Chief of Police; A. Bodechon, Assistant Deputy Chief of Police; D. Parks, Police Constable; D. Oram, Police Constable; J. Wilcox, Police Constable; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, 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. Mayor McAlary expressed condolences to Their Royal Highnesses Prince William and Prince Henry, the members of the Spencer Family and the members of the Royal Family on the death of Princess Diana; and invited the citizens of Saint John and the surrounding area to the 8th floor of City Hall to sign a book of condolences to be forwarded to the families. Mayor McAlary read the letter to accompany the book, following which there was a minute of silence in memory of Princess Diana. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on August 18, 1997, be approved. Question being taken, the motion was carried. 3(a) Municipal Plan Amendment And (b) Re-ZoninQ 121 Golden Grove 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 121 Golden Grove Road (NBGIC Number 55088926 and part of NBGIC Number 301077), containing an area of approximately 16.5 acres with a frontage of approximately 300 feet on the north side of Golden Grove Road, from Low Density Residential to Light Industrial classification; and (b) the proposed re-zoning of the same property from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, to permit the development of a storage building, as requested by Doug Queen, and 3{e) a written objection was received from Carl K. Collins, as well as 3{c) a letter from the applicant, G. Douglas Queen, requesting that the public hearing be cancelled as he wishes to withdraw his application at this time. 86-567 COMMON COUNCIL SEPTEMBER 2, 1997 3{c) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and five letters in opposition to the above proposal; advising that, as the Committee also received a copy of the letter from the applicant to Common Council requesting that the application be withdrawn, the Committee did not consider the submitted material at its meeting, nor is it making a recommendation to Council on the proposed amendments; and recommending that this report be received and filed. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that Council accept the letter from G. Douglas Queen, requesting that his application for a Municipal Plan amendment and re-zoning of a parcel of land located at 121 Golden Grove Road be withdrawn. Question being taken, the motion was carried. 4(a) Municipal Plan Amendment And (b) Re-ZoninQ 1739-1745 Grandview Avenue 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 containing an area of approximately 4,100 square metres (1 acre), with a frontage of approximately 60 metres (200 feet), located at 1739-1745 Grandview Avenue (NBGIC Numbers 335117 and 421651), from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same parcel of land from "RS-2" One- and Two- Family Suburban Residential to "B-2" General Business classification, to permit an exiting garage located on the site to be used for a motor vehicle inspection and repair garage, as requested by Andrew C. Hunter, and no written objections were received in this regard. 4{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 August 26 meeting at which the applicant stated that the proposed business would have no impact on the surrounding properties since the operation would be low key; and recommending that Common Council: (1) amend Schedule 2-A of the Municipal Development Plan, from Low Density Residential to District Centre Commercial, a parcel of land known as 1739-1745 Grandview Avenue, also identified as NBGIC Number 55121420; and (2) re-zone the same property as identified above in (1) from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act, setting out the following conditions: (a) the use of the property shall be limited to residential and an auto repair shop; (b) the hours of operation are limited to Monday through Friday, 8 a.m. to 6 p.m. and Saturday, 8 a.m. to 1 p.m.; (c) mobile signs are not permitted on the site; (d) no derelict vehicles are permitted on the site; (e) no outdoor storage of parts or materials; (f) no expansion to the repair garage; and (g) the existing vegetation is to be retained and maintained for screening purposes. Andrew Hunter was present in support of his application and, in response to questions, noted that the Planning Advisory Committee recommended the proposal to Council; confirmed that, in purchasing the subject property basically bringing the two lots together, the garage was on the property prior to his purchase; and advised that he purchased the property on a private sale and the zoning implications were not explained to him prior to its purchase. On motion of Councillor Knibb Seconded by Councillor Trites 86-568 COMMON COUNCIL SEPTEMBER 2, 1997 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 known as 1739-1745 Grandview Avenue (NBGIC Number 55121420), from Low Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor 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 known as 1739-1745 Grandview Avenue (NBGIC Number 55121420), 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 Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land known as 1739-1745 Grandview Avenue (NBGIC Number 55121420), from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. 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 known as 1739-1745 Grandview Avenue (NBGIC Number 55121420), from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 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. 86-569 COMMON COUNCIL SEPTEMBER 2, 1997 5(a) Municipal Plan Amendment And (b) Re-Zoning 89 Westmorland Road And 11-15 Clav Works Lane 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 89 Westmorland Road and 11-15 Clay Works Lane (NBGIC Numbers 314021,55117790 and 55114789), containing an area of approximately 4,950 square metres (1.2 acres), with a frontage of approximately 30 meters (100 feet) on Westmorland Road, from Light Industrial to Low Density Residential classification; and (b) the proposed re-zoning of the same parcel of land from "1-1" Light Industrial to "RM-1" Three-Storey Multiple Residential classification, to permit the renovation of the existing dwellings so they may continue to be used for residential purposes, as requested by Dan Roberts, and no written objections were received in this regard. 5{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 August 26 meeting; and recommending that Common Council (1) amend Schedule 2-A of the Municipal Development Plan, from Light Industrial to Low Density Residential, three parcels of land known as 89 Westmorland Road and 11-15 Clay Works Lane, also identified as NBGIC Numbers 314021,55117790 and 55114789); and (2) re-zone the same property as identified above in (1) from "1-1" Light Industrial to "RM-1" Three- Storey Multiple Residential classification. On motion of Councillor Knibb Seconded by Councillor Ball 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, three parcels of land at 89 Westmorland Road and 11-15 Clay Works Lane (NBGIC Numbers 314021,55117790 and 55114789), from Light Industrial to Low Density Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Ball 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, three parcels of land at 89 Westmorland Road and 11-15 Clay Works Lane (NBGIC Numbers 314021,55117790 and 55114789), from Light Industrial to Low Density Residential 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 three parcels of land at 89 Westmorland Road and 11-15 Clay Works Lane (NBGIC Numbers 314021,55117790 and 55114789), from "1-1" Light Industrial to "RM-1" Three-Storey Multiple Residential classification, be read a first time. 86-570 COMMON COUNCIL SEPTEMBER 2, 1997 Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning three parcels of land at 89 Westmorland Road and 11-15 Clay Works Lane (NBGIC Numbers 314021,55117790 and 55114789), from "1-1" Light Industrial to "RM-1" Three-Storey Multiple Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 6. Municipal Plan Amendment 1300 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 parcel of land located at 1300 Loch Lomond Road (NBGIC Number 55054522), containing an area of approximately 15 acres with a frontage of approximately 680 feet on the south side of Loch Lomond Road, from Low Density Residential and Open Space to District Centre Commercial classification, to permit re-zoning of the parcel of land from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, and subsequent development of an automotive service centre, including convenience store and gasoline sales, as requested by Coughlan Realty (1992) Limited "In Trust". 9. Mavor's Remarks Mayor McAlary proclaimed September 7 to 14 to be Terry Fox Week in support of cancer research, and September 1997 to be Multiple Sclerosis Month in the City of Saint John. The designation of September 3 as International Meals On Wheels Day was noted, and members of a Saint John senior ladies soccer team were commended for earning the right to participate in a National Senior Ladies Soccer Championship in Calgary, Alberta. Councillor Trites suggested that, as Messrs. Brooks and Cronk were present at the meeting, they might wish to make their presentation at this time rather than at 8:00 o'clock p.m. as scheduled. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the presentation scheduled for 8:00 o'clock p.m. under item 7 on the agenda of this meeting be heard at this time. Question being taken, the motion was carried. 7. Traffic In Mark Drive Area 86-571 COMMON COUNCIL SEPTEMBER 2, 1997 Consideration was given to a letter from Douglas J. Brooks advising that he and Stephen Cronk, who reside on Mark Drive, are very concerned with the apparent lack of action by the City to upgrade the local infrastructure to handle the ever-increasing traffic with the recent changes to McAllister Mall and the current construction of a new Canadian Tire Store on Westmorland Road, and they would appreciate an opportunity to inform Council of how the traffic in the Mark Drive area has deteriorated over the past two years. Douglas Brooks of 177 Mark Drive, having noted his previous appearance before Council about construction and traffic in the general area of Mark Drive, expressed concern about increasing traffic in the Mark Drive area with the past and present expansion at the McAllister Place locale, as well as with the scheduled October 22 opening of a new Canadian Tire Store on Westmorland Road across from Mark Drive and a bowling alley being constructed on Mark Drive, although Common Council and City planners had recommended that future expansion of McAllister Mall should not take place prior to a realignment of Mark Drive. Mr. Brooks advised that truck traffic has doubled on Mark Drive since the location of a "no trucks permitted" sign on the corner of Mark Drive at Loch Lomond Road; and expressed the view that Mark Drive has become a thoroughfare not a residential street. During discussion Mr. Baird apprised Council of the status of discussions with the various land owners concerning the realignment of Mark Drive for which conceptual plans had been developed, in that, as the cost of realignment is significant at over $2 million, and although the landowners have worked together to try to put better estimates together, there does not seem to be a cheap alternative and the funds allocated by the City were clearly not sufficient in order to induce all of the various partners to be able to go ahead at this time without any clear commitment for a return on their investment; and suggested that it may be possible, if the City were looking to solve the problem with respect to traffic, that an interim solution could be developed, but staff would have to work through the various land owners who still do own the location of the proposed realignment and get their cooperation in bringing this to a final solution. On the issue of a transportation study, Mr. Armstrong advised that, although the terms of reference have not yet been completed, staff anticipates initiating the project this year and at some point late next year should be getting the results of that study, and that this document would be doing the kind of analysis needed for the Mark Drive area on possibly eighteen different locations in the City; and also advised that staff is aware of the Mark Drive situation and, although an attempt has been made to work with the various developers to effect a change, it has not been able to come about at this point, and that, while he has not completed a total analysis of preliminary traffic studies done this summer, there does seem to be some increase in the traffic on Mark Drive from the Loch Lomond end but a decrease from the Westmorland Road end. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the presentation regarding traffic on Mark Drive be referred to the City Manager. Question being taken, the motion was carried. Stephen Cronk of 199 Mark Drive commented on the basis that, in view of a number of appearances before Council pointing out a number of things pertaining to Mark Drive such as the condition of sidewalks, curbing, signage and trucks, maybe it was time to stop talking about a new roadway and try to do something with the existing one, such as approaching the businesses on the Westmorland Road end of Mark Drive to ensure they are aware that they do not need to come through Mark Drive from Loch Lomond Road but rather could come in off and leave by Westmorland Road, putting the proper signage in place, and enforcing the law prohibiting trucks on Mark Drive. 10. Saint John Police Force Implementation Team Update Consideration was given to a report from the Saint John Police Force Implementation Team updating Council on its activities during the past two weeks. 86-572 COMMON COUNCIL SEPTEMBER 2, 1997 Chief Sherwood and Cst. Parks were in attendance at the meeting to present the above report, and the Mayor welcomed to the meeting Implementation Team members Ann-Marie Mullin and Ann Marie McGrath, as well as Team Facilitator Keith Taylor. On motion of Councillor Knibb Seconded by Councillor Trites 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. The Mayor asked Council's consideration at this time of agenda items 23 and 24. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that items 23 and 24 be brought forward for consideration at this time. Question being taken, the motion was carried. 23. Chief Of Police Re Auxiliary Police ProQram Consideration was given to a report from the Chief of Police submitting a policy on an Auxiliary Police Program, the Perivale + Taylor report on the Saint John Police Force having recommended that an auxiliary police unit be formed to provide trained volunteers to assist the police service. Chief Sherwood highlighted the Auxiliary Police Program, the training program for which would be established within the Police Force and coordinated by Training NCO Sergeant MacDonald. (Councillor Vincent withdrew from the meeting.) On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the above report from the Chief of Police be received and filed and Council adopt the submitted policy on an Auxiliary Police Program. Cst. Parks advised of the Union's support of the Auxiliary Police Program, which was one of the topics dealt with in negotiations at which there were detailed discussions through the interest-based negotiation system, and that much of the above report not only came from the other agencies listed in it but also from members of the Union Executive and rank-and-file officers. Mr. Nugent explained that, although the policy submitted above is titled "Auxiliary Constable Program", there is a distinction in the Police Act between an auxiliary constable and an auxiliary police officer and, in the City's case, it is dealing with auxiliary police officers, thus the policy should use that term which has a specific meaning in the Police Act; and also that, with respect to the duties and restrictions identified in item (B) of the policy, it is important that mention be made that these auxiliary police officers will act in accordance with the terms of the Police Act which describes rather clearly and completely the terms of reference under which they operate; otherwise, there would be a possibility that it would be seen as something apart from the Police Act provision which, he understands, is not the intention. (Councillor Vincent re-entered the meeting during the above comments.) 86-573 COMMON COUNCIL SEPTEMBER 2, 1997 Question being taken, the motion was carried. 24. Chief Of Police - Schedule To Year End For Police Force Implementation Team Consideration was given to a report from the Chief of Police submitting Appendix "A" which identifies the specific recommendations of the Perivale + Taylor report on the Saint John Police Force which are covered in each of the projects listed and provides comments with respect to the planned reporting on those projects, as well as Appendix "B", a Tentative Project Schedule which details when Common Council should expect to receive a report on each of the various projects, four of which deferral is proposed to some time in the future, and Appendix "C" summarizing the recommendations of the Perivale + Taylor report; and advising that the proposed Project Schedule was developed in conjunction with the Police Review Implementation Team and endorsed by the Team at its August 20 meeting. Mr. Groody, through an overhead slide presentation, focused on the submitted Appendix "B"; and advised the desire of the Implementation Team that its mandate be substantively completed by the end of the year. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the above report from the Chief of Police regarding the Saint John Police Force Implementation Team's proposed project schedule to year end -- be received and filed. Question being taken, the motion was carried. 8. Human Development Council Re Community Economic Development Read a letter from the Human Development Council submitting two new publications that reflect the efforts of many individuals in the community, along with an update of its summer activities, the two publications being a Guidebook, Good NeiQhbours: BuildinQ A Community-Based Economy, and a Calendar of Events for agencies and organizations. Mr. Randall Hatfield, Chairman of the Community Economic Development Committee of the Human Development Council, commented on the Human Development Council's attempt, through its publication of the above-mentioned Guidebook, to look at economic development from the bottom up, with the next step being a "think tank" on October 7 in an effort to get ideas from the participants on how to move forward as a community and create economic opportunities; and also commented on the Human Development Council's role in providing information. The Mayor thanked Mr. Hatfield for his presentation, and expressed appreciation to the Human Development Council for its efforts on behalf of the community. 11. Tender For Chain Link FencinQ On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Fundy Fencing Ltd., in the amount of $43,170 plus tax, be accepted for the supply and installation of chain link fencing and associated materials necessary to replace the tennis court fence at Simonds High School and at various other sports fields and playground owned by the City of Saint John. Question being taken, the motion was carried. 86-574 COMMON COUNCIL SEPTEMBER 2, 1997 12. Tender For Gate Valve Box Components On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of McLennan Sales Ltd. be accepted for the establishment of a supply agreement for Bibby gate valve box components, at the prices as indicated in the submitted summary of bids, for a period of one year from the date of award by Council. Question being taken, the motion was carried. 13. Tender For Life Insurance On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Clarke Administrative Consultants Ltd., representing Crown Life Insurance, in the amount of $36,912.65, be accepted for the provision of 20 paid- up life insurance policies with a value of $5,000 each. Question being taken, the motion was carried. 14. Tender For Contract 97-17 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, (1) the tender of Choice Building Contractor Ltd. of Saint John for Contract 97-17 be declared informal and be rejected; and (2) Contract 97-17: Somerset Street pump station - construct building addition, be awarded to the low tenderer, Composite Builders Inc., at the tendered price of $56,800, 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. 15. Birchmount Road - Re Request For DrainaQe Work On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the report from the City Manager advising that further to Council's July 7 referral of Inez Parson's request for action to be taken to improve the drainage on Birchmount Road in Belmont, Mrs. Parsons is willing to give the City an easement over her property for drainage purposes and has indicated that, in the meantime, she will be taking steps on her own property this fall to provide a more controlled route for drainage and, should this be accomplished, staff will undertake some minor street grading adjustments to keep the flow of water to one side of the road and toward this area on Mrs. Parsons' property, although the presence of ice and snow in the winter, both on the travel surface and along the edges, will continue to affect drainage on the road -- be received and filed and a copy be forwarded to Mrs. Parsons for information. Question being taken, the motion was carried. 86-575 COMMON COUNCIL SEPTEMBER 2, 1997 16. Re Request For Curb Removal Victoria Street Adjacent To Property At 52-54 Cunard Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, further to Council's July 21 referral of Gary K. Kyle's request for the removal of a section of curb on Victoria Street adjacent to his property at 52-54 Cunard Street, staff has advised Mr. Kyle that he can apply for a pavement breaking permit from Engineering at a cost of $10 and he would be required to place a deposit for the approximate value of the work and, while he was agreeable to proceeding in this fashion and staff support his request to widen the driveway, he decided not to proceed upon learning that the amount of the deposit was $600 -- be received and filed. Question being taken, the motion was carried. 17. HR Policy Number 141 Re LonQ Service/Retired Emplovees Read a report from the City Manager submitting an updated HR Policy Number 141 to reflect a more appropriate way of honouring retiring employees. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the submitted Human Resources Policy Number 141 entitled, "Long Service/Retired Employees", as updated, be approved. Question being taken, the motion was carried. 18. HousinQ Incentive ProQram Consideration was given to a report from the City Manager advising that, further to Council's April 22, 1996 adoption of the Housing Incentive Program (HIP), a concern has been expressed by developers who have undertaken larger developments that the completion of the total development is required prior to the receipt of any payment and two developers have made a specific request that the guidelines be modified to provide for an interim payment after the first year; also advising that, as from an administrative perspective it would be inefficient to process for payments at the completion of each unit, the proposal would be for an interim payment after the first year as long as the applicant has completed a minimum of four units and, if the final Provincial assessments are available for the units, a full payment could be made for that portion of the development; 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, the Housing Incentive Program (HIP) approved on April 22, 1996 be modified to provide for an interim payment 12 months after approval of the application equal to 5% of the estimated increase in assessment for those units completed, as long as a minimum of 4 units has been completed, and the payment of the additional 3% can be included if the final Provincial assessments are available. Question being taken, the motion was carried. 19. Surplus Land 86-576 COMMON COUNCIL SEPTEMBER 2, 1997 Consideration was given to a report from the City Manager advising that the subdivision plans for the City and Urban Renewal lands located along Paradise Row, Osborne Street (formerly Rockland Road), former Chubb and Moore Streets, have been completed, as well as a market value appraisal and the subject lands are now ready for disposal, and also that staff, along with a few members of the local development and real estate community, have undertaken an assessment of the development potential for the Old General Hospital and Nurses Residence site and seeking Council's approval to deem the subject lands surplus to the City's needs and initiate a public proposal call for their sale and development. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council: (1) deem the lands listed in the submitted Table A surplus to the City's needs; and (2) authorize staff to publicly advertise for the purpose of soliciting proposals for the development and sale of those lands listed in the submitted Table A; and further that, upon review of the submissions, staff will report back to Council with the results and make an appropriate recommendation. Question being taken, the motion was carried. 20. Proposed Subdivision 35 Bell Manor Drive Consideration was given to a report from the City Manager submitting a tentative subdivision plan for 35 Bell Manor Drive to re-subdivide the two existing lots on an undeveloped section of Bell Manor Drive into a total of three lots, which would exceed the minimum standards of the Zoning By-Law for the "R-1A" One-Family Residential zone and require no variances; and advising that, while the proposal would extend the developed portion of Bell Manor Drive by approximately 150 feet, it would not result in the street's extension all the way through to Hill Heights Road, and also that the Planning Advisory Committee did review an earlier proposal which involved the proposed closure and incorporation of a portion of the undeveloped Bell Manor Drive as part of the development, as well as vesting in the City of a portion of the applicant's lands for a cul-de-sac turnabout, and required a number of variances and approvals of the Committee and, as there was a number of objections and concerns with respect to the configuration of the lots and the disposition of the street right-of-way, the applicants withdrew their previous proposal. The report also advises that, while their present proposal does not require Planning Advisory Committee review, it will be necessary for the applicants to extend the asphalt street surface, curb, sidewalk, water, sanitary and storm sewer, power, telephone and cable to the three proposed lots, as Bell Manor Drive is currently not developed in front of the subject site; and submits a detailed plan illustrating the nature and extent of work that is being considered, as well as a recommendation in this regard 39. Petitions & Letters Re 35 Bell Manor Drive Consideration was also given to two petitions, one from residents of Bell Manor Drive presenting points for Council's consideration before approving the proposed subdivision at 35 Bell Manor Drive, and one from residents of Hill Heights Road advising that they have no objection to the request by Bell Manor Drive residents to close the remaining portion of the right-of-way from the end of the developed roadway to Hill Heights Road; and two letters, one from Donna Lewell advising that neither she, nor her neighbours Mr. and Mrs. Joseph Saab have objection to the concept of the street closure, and one from Wylie and Joyce McGinley and Carl and Betty Tompkins expressing some concerns about this development. 20. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the 86-577 COMMON COUNCIL SEPTEMBER 2, 1997 City Manager, Common Council (1) assent to the submitted photo-reduced amending subdivision plan of 35 Bell Manor Drive (NBGIC Numbers 422733 and 55102305), entitled "Amending Subdivision Plan, Turnbull Real Estate of Millidgeville Subdivision, Part One, Situate Bell Manor Drive, City of Saint John, Saint John County, New Brunswick", with respect to any required municipal services easements and utility easements; (2) authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required work, including drainage and site plans for the approval of the Chief City Engineer; and (3) authorize cost sharing for the extension of municipal services outside the limits of the proposed subdivision, in the same manner as provided in the Subdivision By-Law. Mr. Baird, in addressing the concerns expressed in the petition and letters under item 39, confirmed that the development proposal submitted does not involve extending Bell Manor Drive to Hill Heights Road and that detailed plans would be submitted to show how drainage problems would be resolved and that would be incorporated in the agreement; and, with regard to the view that only single-family dwellings should be built on the three proposed lots, advised that the present zoning only permits one-family development and no one has suggested, from the developer's perspective, that he would be seeking any change to that. With regard to a request for a cul-de-sac to be built at the end of Bell Manor Drive, Mr. Baird advised that the turn- around proposed would be built within the 66-foot wide existing right-of-way which would not be as extensive or large as might be seen in some new subdivisions where there are no constraints with respect to existing lots. Question being taken, the motion was carried. 39. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the above-- mentioned petitions and letters regarding a proposed amending subdivision plan of 35 Bell Manor Drive be received and filed. Question being taken, the motion was carried. A motion was proposed by Councillor Waldschutz and seconded by Councillor Knibb to consider item 30 at this time, whereupon Mayor McAlary suggested that, as people other than Solicitor General Jane Barry were also present at the meeting with respect to agenda items, Council should continue with the agenda order. 21. HIP Applications #43. #21 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council approve Housing Incentive Program application #43 - Liberty Homes Inc., for an estimated grant of $13,600 for a development on Loch Lomond Road, and a revision to HIP #21 - Saint John Drywall Homebuilders Ltd. as to the specific lots with no change to the estimated grant of $40,000 for a development at Monte Cristo Park. Question being taken, the motion was carried. 22. Expropriation Of Property 65 Marlborough Avenue For Municipal Services Easement On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Common Council authorize the City Solicitor, or his designate, to commence expropriation proceedings to acquire from the owner(s) of lands on 86-578 COMMON COUNCIL SEPTEMBER 2, 1997 Marlborough Avenue known for NBGIC purposes as #55010250, an easement in the location shown on the submitted sketch and rights at the cost, risk and expense of the City by its officers, servants, agents, contractors and workers to enter the lands subject to the easement with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, promptly restoring as far as is practicable the surface of the lands to the same condition as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the owner of the lands subject to the easement, including the heirs, executors, administrators, successors and assigns of such owner from erecting or locating on the lands subject to the easement any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle in the lands to be acquired. Question being taken, the motion was carried. (Councillors Trites and Vincent withdrew from the meeting as they were not present for the August 18 public hearings with regard to the proposed Zoning By- Law amendments to re-zone 199 Westmorland Road and 1310 Manawagonish Road.) 25(a) Zoning By-Law Amendment To Re-Zone 199 Westmorland Road Consideration was given to third reading of a proposed Zoning By-Law amendment to re-zone property at 199 Westmorland Road, which was given first and second readings at the August 18 meeting. 25(b) H.W. Killam - Money Concepts Withdrawal Of Re-ZoninQ Application Consideration was also given to a letter from H.W. Killam of Money Concepts, the applicant for the above-proposed re-zoning, advising that the application is being withdrawn. Councillor Knibb directed a question to Mr. Killam, who was present in the Council Chamber, as to whether the withdrawal of his application was firm or if he would consider third reading if Council could make certain arrangements about parking on the subject property. The Mayor, upon Mr. Killam's attempt to respond to this question, made the observation that the procedure was not proper as a motion of Council would be necessary to invite Mr. Killam to speak at this time. On motion of Councillor Ball Seconded by Councillor Arthurs RESOLVED that Mr. Killam be invited to address Council at this time in the above regard. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". Mr. Killam advised that he would reconsider the purchase of the subject property if the Section 39 conditions attached to the re-zoning were withdrawn or amended, but it was not possible at this time under the circumstances. The Mayor asked if it would be in order to refer the matter, or table it for one week, to see what could be done prior to proceeding with third reading or withdrawing the application, to which Mr. Nugent, noting that the six-month time period restriction from the date of the initial advertising would not be an immediate problem, advised that, if the parking were one of the items dealt with as a proposed Section 39 condition, the application of such a condition was entirely within Council's prerogative and, obviously, Council could do as it chooses and, if it wished more time to consider the matter, it could take more time; and Mr. Baird confirmed that one of the aspects of the Section 39 conditions dealt with the location of the parking, noting that Council could modify or delete that as it sees fit. 86-579 COMMON COUNCIL SEPTEMBER 2, 1997 On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the above matter be laid on the table for two weeks. Question being taken, the tabling motion was carried. 26. Zoning By-Law Amendment To Re-Zone 1310 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number C.P. 100-443 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning approximately 2760 square metres (29,709 square feet) of land situated at 1310 Manawagonish Road (NBGIC Number 398826), from "R-1A" One-Family Residential to "TH" Townhouse classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planing Act, the said re-zoning be subject to a condition requiring a detailed site plan, subject to the approval of the Development Officer, illustrating a minimum of six visitor parking spaces. The by-law entitled, "By-Law Number C.P. 100-443 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillor Gould voting "nay". (Councillors Trites and Vincent re-entered the meeting.) Councillor Knibb noted that one of the Planning Advisory Committee's recommendations to Council on August 18 in the above regard concerned a proposed Traffic By-Law amendment, and the Mayor suggested that Council could deal with item 28 at this time which includes this recommendation. 28. Planning Advisory Committee Subdivision 1310 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Arthurs 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 six townhouse units with a private courtyard at 1310 Manawagonish Road, and to any required municipal services and public utility easements; (2) authorize the preparation and execution of one or more City/Developer subdivision agreements to ensure provision of the required work, including drainage and site plans for the approval of the Chief City Engineer; and (3) accept a cash-in-lieu of land for public purposes dedication for the proposed subdivision: AND FURTHER that as recommended by the Planning Advisory Committee, Common Council consider amending the Saint John Traffic By-Law in order to prohibit on-street parking along Horsier Drive and Hillcrest Drive adjacent to the property at 1310 Manawagonish Road. Question being taken, the motion was carried with Councillor Gould 86-580 COMMON COUNCIL SEPTEMBER 2, 1997 voting "nay". 27. Planning Advisory Committee Municipal Plan Amendment & Re-ZoninQ Of 60 Ross Street Consideration was given to a report from the Planning Advisory Committee further to the August 5 public hearing of a proposed Municipal Plan amendment and re-zoning of 60 Ross Street at which Council made no decision pending the Committee's recommendation; advising that, after considering the submitted Planning staff report and the applicant's comments at the Committee's August 26 meeting, the Committee decided to recommend approval of the proposed Municipal Plan amendment and re-zoning, with changes to the Section 39 conditions as suggested by the applicant and, in addition, granted the necessary variances to permit the site to be developed in accordance with the applicant's site plan; and recommending that Common Council: (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Medium Density Residential to Light Industrial, three parcels of land located adjacent to the Lower Cove Loop Road, containing a total area of approximately 931 square metres and having civic number 60 Ross Street, being a portion of NBGIC Number 551011190; and (2) re-zone the same parcels of land from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the site is limited to office, retail and/or warehouse uses; (b) the site shall be developed in accordance with detailed site and building plans, to be prepared by the applicant and submitted for the approval of the Development Officer, showing the location and dimensions of the building, driveway, parking area (including asphalt surfacing and cast-in-place concrete curbs), landscaping freestanding signs, building elevations and other site features; (c) the site features indicated on the approved site plan must be completed within two years of approval of the building permit for the proposed development; and (d) the owner of the property must convey to the City, within two years of the date of this resolution, an easement for the existing sewer line which traverses the site, such easement to be in a form and location which is acceptable to the Chief City Engineer. 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, three parcels of land at 60 Ross Street, being a portion of NBGIC Number 55101190, located adjacent to the Lower Cove Loop Road and containing a total area of approximately 931 square metres, from Medium Density Residential to Light Industrial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Ball 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, three parcels of land at 60 Ross Street, being a portion of NBGIC Number 55101190, located adjacent to the Lower Cove Loop Road and containing a total area of approximately 931 square metres, from Medium Density Residential to Light Industrial 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". 86-581 COMMON COUNCIL SEPTEMBER 2, 1997 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning three parcels of land at 60 Ross Street, being a portion of NBGIC Number 55101190, located adjacent to the Lower Cove Loop Road and containing a total area of approximately 931 square metres, from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning three parcels of land at 60 Ross Street, being a portion of NBGIC Number 55101190, located adjacent to the Lower Cove Loop Road and containing a total area of approximately 931 square metres, from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 29. Minister Of The Environment Re Activitv In Watershed Area On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the letter from The Honourable Joan Kingston, Minister of the Environment, responding to Common Council resolution of July 21 concerning boating activity on Loch Lomond Lake, and advising that issues such as swimming and the operation of power boats in drinking water supplies will be addressed in the second phase of the Watershed Protection Program, and it is proposed that the protected zones will include Spruce, Latimer and Robertson Lakes, as well as a portion of Loch Lomond Lake, in the Saint John watersheds -- be received and filed. Question being taken, the motion was carried. 30. Solicitor General - Facilitation Of New Brunswick Trails Network Consideration was given to a letter from Solicitor General Jane Barry 86-582 COMMON COUNCIL SEPTEMBER 2, 1997 regarding the recent presentation to Council on the New Brunswick Trails Network and plans for the area; expressing the belief that in Saint John West the Trail should follow the coastal area, given the extensive beach rehabilitation and the completion of the Western Beaches collector sewer, and advising that she is supportive that the Trail be planned close to the Saint John Harbour area and the Uptown which would complement the priority of Council to improve access to the waterfront in Saint John; and formally requesting Council to undertake the acquisition of all surface rights on the Western Beaches collector sewer in order to facilitate the routing of the Trail System. On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that The Honourable Jane Barry, Solicitor General, be invited to address Council at this time in the above regard. Question being taken, the motion was carried. The Honourable Mrs. Barry, in noting the number of local residents and community groups present at this meeting in support of the New Brunswick Trail, advised that her purpose before Council at this time was to represent these people who would like to ensure that the New Brunswick Trail follows, in general terms, the Western Beaches area and to ask that there be some kind of resolution as to just precisely where this route occurs and also that, in her recent contact with a number of residents, she has not yet encountered anyone who favours motorized vehicles on this Trail but has met no one who opposes the Trail's use as a walking trail. Mrs. Barry also advised that, while it may have appeared that there was at least two or three properties in the area concerned where there was no resolution, a solution may be at hand and routing may be possible with some type of involvement to the local property owners' satisfaction, as well as those who would like to see the routing go along the Beach; and offered her personal assistance in this regard. Mrs. Barry suggested that advantage should be taken of more public opportunities for awareness of the routing so as to allow people to get some enthusiasm and appreciation for the potential that is there; noted the approximate 21 acres of land in the Saints Rest area that were deeded to the Nature Trust of New Brunswick which would be adjacent to the proposed Trail routing near the Tourist Bureau; and asked that City staff members, in whatever involvement they may have on the Trails Committee, recognize the local residents' wish for the Trail to follow along the Western Beaches area and her own personal offer to be of assistance as a local representative. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that Solicitor General Jane Barry's above request be referred to the City Manager, along with her offer of assistance in attaining an amicable routing of the New Brunswick Trail. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 31. The YMCA-YWCA Of Saint John Support For Camp Glenburn On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from The YMCA-YWCA of Saint John regarding its campership program designed to provide monetary assistance to those who cannot afford to pay the fees for children to attend Camp Glenburn; and asking Council to help with a donation -- be received and filed. Question being taken, the motion was carried. 86-583 COMMON COUNCIL SEPTEMBER 2, 1997 32. E.B. MacLean - Area In Front Of His Home. 97 Champlain Drive On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from E. B. MacLean advising of an ongoing problem in front of his home at 97 Champlain Drive as the City would not do one thing to effect a bit of repair to the City property that had been created by City plows -- be referred to the City Manager. (Councillor Fitzpatrick re-entered the meeting. The initial motion proposed was to refer the above matter to the City Manager for a response, and Councillor Trites questioned the motion to refer to the City Manager at this time this situation which has been ongoing for most of the summer and has been the subject of visits to the site by both the City Manager and the Mayor; and suggested that Council should respond now to Mr. MacLean, whose presence was noted at the meeting. During discussion Mr. MacLean appeared before Council and apprised Council of his concerns, and Councillor Fitzpatrick proposed an amendment to the motion, which was seconded by Councillor Vincent, to refer the matter to staff to fix the front part of the subject lawn and to have the street swept. Question being taken, the motion was carried with Councillor Waldschutz voting "nay". 33. Cities Of New Brunswick Association Resolution Submission To Annual MeetinQ On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the memorandum from the Cities of New Brunswick Association advising of the September 26 deadline for submitting resolutions to the Association's 1997 Annual Meeting to be held on Saturday October 25 in Miramichi -- be referred to the City Manager with a request for a resolution deploring the erosion of municipal power by the Provincial Government. Question being taken, the motion was carried. 34. Town of Quispamsis Resolution Re Quebec On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from the Town of Quispamsis citing a resolution adopted at its Council meeting of August 19 demanding that the Government of Canada and the Government of the Province of Quebec clearly and unequivocally state that they support the right of federalist municipalities and regions within Quebec to remain part of Canada today and in the future -- be received and filed. Question being taken, the motion was carried. 35. FCM - A-C- T (Affordability And Choice Todav) Case Study Completion On motion of Councillor Knibb Seconded by Councillor Vincent 86-584 COMMON COUNCIL SEPTEMBER 2, 1997 RESOLVED that the letter on behalf of the Federation of Canadian Municipalities submitting the A-C-T (Affordability and Choice Today) case study on an innovative housing project undertaken by the City of Saint John - the Standards & Design Guidelines for Infill Housing and Redevelopment Projects, which was awarded a grant of $10,000 under the FCM administered A-C-T Program, which is jointly managed by the FCM, the Canadian Home Builders' Association, the Canadian Housing and Renewal Association, and Canada Mortgage and Housing Corporation -- be received and filed. Question being taken, the motion was carried. 36. Saint John Industrial Parks Ltd. Re-ZoninQ KinQ William Road On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the application of Saint John Industrial Parks Ltd. for the re-zoning of property on King William 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, October 14, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 37. Festival Of Trees, 1997 Request For Financial Participation On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Festival of Trees, 1997 requesting the financial participation of the members of Council for Festival of Trees 1997, a fund-raising project of Mindcare New Brunswick, St. Joseph's Hospital Foundation and the Saint John Regional Hospital Foundation, to be held November 19 to 23 -- be received and filed and citizens be encouraged to support the Festival of Trees. Question being taken, the motion was carried. 38. Lancaster Florists - Condition Of Sidewalk On Main Street West On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Lancaster Florists advising of the badly-broken sidewalk in front of the Canadian Imperial Bank of Commerce and Vern's Bakery on Main Street West and two sidewalk blocks below the level of the street in front of the Bakery at 11 Main Street West causing a reservoir of water each rainstorm; and asking, if this condition cannot be corrected, to authorize Lancaster Florists to raise the level of the sidewalk by applying a layer of asphalt at its expense -- be referred to the City Manager. Question being taken, the motion was carried. Adiournment On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that this meeting be adjourned followed by a Committee of the Whole meeting of Council. Question being taken, the motion was carried. 86-585 COMMON COUNCIL SEPTEMBER 2, 1997 Common Clerk