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1997-09-15_Minutes 86-595 COMMON COUNCIL SEPTEMBER 15,1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth 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 and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; P. Woods, Deputy Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; D. Logan, Purchasing Agent; S. Lodhi, Manager of Real Estate and Facilities Management; M. Chisholm, Manager of Process Improvement; G. Tait, Fire Chief; D. Sherwood, Chief of Police; R. Thompson, Police Sergeant; 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 Douglas Woon, Missionary to Japan of the Christian Missionary and Alliance Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that minutes of the meeting of Common Council, held on September 8, 1997, be approved. Question being taken, the motion was carried. Mayor McAlary welcomed to the Council Chamber Messrs. Edward Keyes, Chairman of the St. Joseph's Hospital Foundation, and Paul McGraw, Chairman of the Canducky Derby Committee, who addressed Council, in turn, with respect to the role of St. Joseph's Hospital in the health care delivery service in Saint John, and the Canducky Derby fund-raising event to be launched on September 20 in the Reversing Falls area. 3(a) Zoning By-Law Amendment Re Re-ZoninQ 1770 Sand Cove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a portion of a property having approximately 250 feet of street frontage and containing a total area of approximately 10.7 acres, being a portion of 1770 Sand Cove Road (NBGIC Number 403592), from "RF" Rural to "B-2" General Business classification, to permit the establishment and operation of a canteen, as requested by Brian Robert Thorne, and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's September 9 meeting at which the applicant spoke in support of the application, and a representative of both J.D. Irving Ltd. and the Irving Nature Park, as well as a regular visitor to the Irving Nature 86-596 COMMON COUNCIL SEPTEMBER 15,1997 Park spoke against the application, focusing on the need to maintain the ecological and pristine nature of the Irving Nature Park and Saints Rest Beach; and recommending that the application be denied. Mr. Joseph Day, representing J.D. Irving Ltd., the developer and owner of the Irving Nature Park and surrounding area, spoke in opposition to the proposed re-zoning and in support of Planning staff's recommendation which was supported by the Planning Advisory Committee that this application to re-zone the property for the stated purpose of a fast-food canteen to be located at that particular address near the Irving Nature Park be rejected. Mr. Day, in clarifying that he did not want to stifle the entrepreneurial spirit of Mr. Thorne, expressed the belief that his proposal at this particular location was inappropriate and not compatible with the basic and fundamental theme of the Irving Nature Park and also that, even if the technical reasons for rejection by Planning staff and the Committee were met, it would still be inappropriate to re-zone that particular area to allow for a commercial fast-food canteen as ecotourism and the type of natural beauty at the Irving Nature Park is the fastest-growing sector of tourism in the Province. During discussion Mr. Day advised that he was not entirely in agreement with the Mayor's observation that the proposed canteen was some distance from the Irving Nature Park in that, in fact, the Nature Park and the expanded area of it is all around and, although the gate at Saints Rest Beach is some thousand feet away, there are other trails involved as well and the Park is continuing to expand to meet the obvious demand of 125,000 visits per year and growing; and Deputy Mayor Chase noted that MacLaren's Beach at one time had a similar type of take-out stand, as well as the approximate 800-metre distance between the proposed operation and the Irving Nature Park. Mr. Kelly Honeyman, General Manager of the Irving Nature Park, appeared in opposition to the proposal on the basis that the commercialism currently going on at the Irving Nature Park was him selling nature - a commodity that is free of garbage and litter such as take-out cups or plates and a product that is in great demand as indicated by the number of yearly visitors to the Irving Nature Park of whom probably 65 to 70 percent were repeat customers who obviously enjoy what is there right now, thus to do anything else might harm that. Mr. Honeyman expressed concern that, in view of the considerable time and energy to remove garbage from the area in the outset and the amounts of money being continuously expended to maintain the level of cleanliness, garbage would only increase with a commercial effort such as that proposed near, and in fact right beside, the Park; and commented on the importance of the approach to a wilderness area, such as a nature park, to a visitor, based on his recent attendance at an outdoor recreation design course to explain why, in his view, one should think twice about putting commercial efforts along the road there. Mr. Murray Keating of 124 Church Avenue spoke against the proposed amendment as a fairly-regular user of the Irving Nature Park and one who remembered what Taylor's Island and Saints Rest Beach were a few years ago and in support of the Planning Advisory Committee's recommendation; expressed the view that any type of commercialism in this area would be a mistake as people were happy that it is so completely natural, commercial-free and peaceful and would like to see it stay that way; and expressed concern about garbage and litter from the proposed establishment, as well as a traffic hazard, should vehicles park along this narrow road, and also about the possibility of the Park being closed should the Irving people decide that, because of these concerns, it is not worth it and the Park is not appreciated. Mr. Brian Robert Thorne of 1770 Sand Cove Road, appearing in support of his application, advised that he was now in a commercial cooking course to try to get some experience for his business plan and that he felt there was a demand for this service in the subject area in that the number of cars on Sand Cove Road has increased yearly, based on a City survey in a 24-hour period which indicated that there was 4,000 cars in 1994, 3,900 cars in 1993, 3,500 cars in 1992 and 2,500 cars in 1991; and made the observation that, although there were already barbecue facilities at the Irving Nature Park for people to use, not everybody likes to take all they need for a barbecue and would like to have the service, and also that the Island itself is closed to the public during the winter months in terms of accessing 86-597 COMMON COUNCIL SEPTEMBER 15,1997 it by vehicle. Mr. Thorne noted that his proposal was not at the gate of the Irving Nature Park but rather at the top of his property near Seacoast Lane and also that other beaches around Saint John and St. Martins have canteens, including Lily Lake, Mispec and Dominion Park; advised that he had a list of hundreds of people who have signed to indicate that they thought his idea to be a good one; and re-iterated his view that a service of this kind was needed in the area. Mr. Thorne, in response to Deputy Mayor Chase, advised his intent to provide garbage cans and, although there were garbage cans on the beach should people happen to go down to the beach, he was not proposing to operate his business on the beach but rather use his own property; and he responded to the technical concerns outlined in the submitted Planning staff report on the basis of his intent to comply with the requirements. Mr. Thorne responded to the Mayor's question about the building in which he proposed to open his business; and he responded in the affirmative to Councillor Knibb's query as to having adequate financial resources to make the building into a decent facility, provide adequate parking and install the plumbing, and Councillor Knibb suggested that, if developed, the facility should be first-class as there was the need to allow people visiting the beach and the Nature Park to have some opportunity for refreshment, provided that it did not infringe. Mr. Thorne confirmed the Mayor's observation that to date he had not made application to the New Brunswick Department of Public Health and, as to the lack of plans to show what the operation would look like, explained that he was trying to get past the first step of getting the property re- zoned to get the business started. Mr. Jim Robichaud of 546 Champlain Street, speaking in support of the proposal, advised that he was currently taking a cooking course so that he might have an opportunity to work at the proposed canteen. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the application of Mr. Brian Robert Thorne for the re-zoning of a portion of the property at 1770 Sand Cove Road be laid on the table for two months to see whether in fact the applicant can come up with a reasonable proposal that is spelled out with the proper consulting to see whether a first-class facility is possible in that area. Question being taken, the tabling motion was carried with the Deputy Mayor Chase and Councillors Brown and Waldschutz voting "nay". 4(a) Amendment To Section 39 Conditions Of Re-ZoninQ 213-217 Ludlow Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the August 30, 1982 re-zoning of the property located at 213-217 Ludlow Street (NBGIC Number 366831), to remove the prohibition with respect to operation of a take-out restaurant and to permit the operation of a take-out restaurant within the existing store, as requested by Jeff Fulton, and no written objections were received in this regard, with 4{c) a letter in support of the proposed amendment having been received from Mrs. D. Roy. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and two letters in favour of the above proposal considered at the Committee's September 9 meeting, and also submitting a recommendation adopting the recommendation in the submitted staff report. On motion of Councillor Knibb Seconded by Councillor Trites 86-598 COMMON COUNCIL SEPTEMBER 15,1997 RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the August 20, 1982 re-zoning of the property located at 213-217 Ludlow Street (NBGIC Number 366831), to permit the operation of a take-out restaurant as a secondary use to grocery store, subject to the following conditions: (a) a garbage receptacle must be placed outside of the store in proximity to the main entrance at all times; (b) the area of the store which is exclusively devoted to the take-out restaurant shall not exceed 25 per cent of the floor area of the store; and (c) the hours of operation are limited to 7:00 a.m. to midnight. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 5. Street Closing By-Law Amendment To Close All Of Wilmot Street The Common Clerk advised that the necessary advertising was completed with regard to closing all of the street known as Wilmot Street, and no written objections were received in this regard. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to closing Wilmot Street, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to closing Wilmot Street, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 7. Mavor's Remarks Mayor McAlary recognized Councillor Fitzpatrick who, as Campaign Chair for the 1997 United Way of Greater Saint John Campaign, addressed Council in terms of the Campaign goal, and presented a video on the United Way's efforts, following which Mr. Michael Chisholm, Municipal Sector Chair for the 1997 United Way of Greater Saint John Campaign, spoke on the past support given the United Way by the municipal sector, as well as on the 1997 goal and past support given, in terms of percentage of donors and pledges by the municipal sector, by City of Saint John employees. Councillor Fitzpatrick confirmed that, as indicated on the pledge forms distributed to Council members at this meeting, a person could 86-599 COMMON COUNCIL SEPTEMBER 15,1997 make a donation to any registered charitable organization through the United Way. Mayor McAlary commended Saint John Fire Fighter Douglas Trentowsky who, for his life saving measures at Saints Rest Beach during the effects of Hurricane Edward on Labour Day 1996, will be awarded the Mountbatten Medal for his heroic action. Mayor McAlary called upon Mr. Lloyd Betts at this time, who was present at the meeting with members of the Centenary-St. Andrews Scouting Movement, who presented the James Carr Award for Noble Community Service to the Saint John Police Force Street Crime Unit for its efforts in curbing the drug scourge in the South End of the City. Sgt. Ray Thompson, accepting the Award on behalf of the Street Crime Unit, acknowledged the efforts of the South End citizens who assisted the Unit in its effort. Councillor Knibb paid tribute to the life of the late Mr. Vincent Saunders, President of the New Brunswick Historical Society and Executive Director of Loyalist Days of Saint John for a number of years, who passed away on September 14. 6. South Central Citizens Council Presentation Of Annual Report Consideration was given to the South Central Citizens Council's annual report, having completed its seventh year, providing an overview of subjects taken into consideration over the past year by the Council, including zoning and youth issues, stoop and scoop, cities in bloom, drug and crack houses, and guest speakers. Lloyd M. Betts, Vice Chairman of South Central Citizens Council, presented the above-mentioned annual report, and there was discussion about the continued presence of skateboarders in the Uptown area, particularly in King's Square and the Loyalist Plaza, even with the opening of the park in the South End. 8. Saint John Police Force Implementation Team Update Chief Sherwood presented the Saint John Police Force Implementation Team's update of its activities during the past week. On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that the report from the Saint John Police Force Implementation Team updating Council on its activities during the past week be received and filed. During discussion Councillor Knibb questioned a recently-announced ride-along proposal whereby the Saint John Police would learn the skills of the Harbour Police on the basis that it appeared to be callous to ask the members of the Saint John Port Police, who were being threatened with extinction, to teach the Saint John Police Force the jobs that they are currently doing, and Chief Sherwood explained that this orientation program was to familiarize the Force with any aspect of the Port or the Port users if, for one reason or another, the Ports Canada Police were to be dissolved earlier than the December 27 date, otherwise the Saint John Police Force may not be able to respond in an appropriate and timely a fashion as it would otherwise might be able to do; and the Mayor questioned the status of the anticipated statement of policy with respect to bomb warnings in the City Hall building in view of the manner in which a recent bomb scare was handled, to which Chief Sherwood advised that he was awaiting a meeting with staff of Real Estate and Facility Management on the policy which was in draft form. Question being taken, the motion was carried. On motion of Councillor Waldschutz 86-600 COMMON COUNCIL SEPTEMBER 15,1997 Seconded by Deputy Mayor Chase RESOLVED that item 18 be brought forward for consideration at this time. Question being taken, the motion was carried. 18. Revised Project Schedule To Year End For Saint John Police Force Implementation Team On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the report from the Chief of Police apprising Council of minor revisions to the project schedule to year end for the Saint John Police Force Implementation Team, further to the September 2 submission to Council of the project schedule -- be received and filed. (Deputy Mayor Chase withdrew from the meeting.) Question being taken, the motion was carried. 9. Appointment Of Commissioner Of Finance And Treasurer Consideration was given to a letter from Mayor McAlary submitting a letter from Andrew Beckett confirming his acceptance of the offer for the position of Commissioner of Finance and Treasurer of the City of Saint John; and submitting a resolution for Council's adoption. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that Common Council appoint Mr. Andrew Beckett as Commissioner of Finance and Treasurer of the City of Saint John under the following terms and conditions: (1) appointment be as Treasurer as contemplated under the Municipalities Act; (2) at a salary established at Management Level 9 - Step 5; (3) a vacation entitlement of four weeks; (4) direct moving costs to be the responsibility of the City; (5) reasonable assistance with respect to accommodation while in transition; and (6) full-time employment to commence November 3, 1997. (Deputy Mayor Chase re-entered the meeting.) Question being taken, the motion was carried. The Mayor called for a motion to appoint Mr. Patrick Woods as Acting Commissioner of Finance until November 3, 1997. On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that Mr. Patrick Woods be appointed Acting Commissioner of Finance until November 3, 1997. Question being taken, the motion was carried. 10. Tender For Contract 97-16 On motion of Councillor Knibb 86-601 COMMON COUNCIL SEPTEMBER 15,1997 Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Contract 97-16: Woodward Avenue storm sewer construction, be awarded to the low tenderer, Dean Construction Limited, at the tendered price of $191,481, 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. 11. Tender For Snow Plows & Frames On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Central Mechanical Ltd., in the amount of $25,680, plus tax, be accepted for the supply of six new snow plows and frames. Question being taken, the motion was carried. 12. FlaQ Pole For KinQ's Square Consideration was given to a report from the City Manager advising that, further to the suggestion to Council at its August 18 meeting from Charles LeBlanc for flag pole installation in King's Square, the Master Plan for King's Square does not identify a flag pole in this heritage area and the District Command Office of the Royal Canadian Legion is satisfied with the present arrangements for ceremonies held in King's Square; expressing the belief that there are sufficient flag poles presently in place, to satisfy protocol requirements, at the foot of King Street and on the Plaza in front of City Hall, as well as at other strategic locations such as Fort Howe, Rockwood Park, Highway #1 Tourist Information Centre and Market Square; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) flag poles not be erected in King's Square; (2) Council confirm the designation of the flag pole at the foot of King Street in the traffic island as the official flag pole of the City; (3) the flag pole in front of City Hall be utilized for special flag raising ceremonies of various groups and organizations; and (4) the City thank Mr. Charles LeBlanc for his interest and send him a copy of the City Manager's report in this regard. Question being taken, the motion was carried. 13. City Market By-Law Amendment To Permit Sunday OpeninQs On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising of a request from the City Market Merchants Association to open the City Market on three Sundays, October 5 and October 12 to accommodate cruise ship passengers, and December 21 to accommodate Christmas shoppers; and recommending that Common Council give first and second readings to the amendment to the City Market By-Law as set out -- be received and filed: AND FURTHER that the by-law to amend the City Market By-Law, to permit Sunday opening on October 5, October 12 and December 21, be read a first time. 86-602 COMMON COUNCIL SEPTEMBER 15,1997 Question being taken, the motion was carried. Read a first time the by-law to amend the City Market By-Law. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the City Market By-Law, to permit Sunday opening on October 5, October 12 and December 21, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the City Market By-Law. 14. Agreement With Kids First Childcare Centre Re ProQram At MillidQeville Community Centre On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, further to Council's approval on June 17, 1996 for the City to enter into an agreement to jointly provide use of an after school program at the Millidgeville Community Centre, staff has been requested by Kids First Childcare Centre Ltd. to enter into a rental agreement for a program to operate between September 2, 1997 and June 19, 1998; and recommending that the City of Saint John enter into an agreement with Kids First Childcare Centre Ltd. based on the Terms of Agreement A, B, and C included in this report and the Mayor and Common Clerk be authorized to execute the agreement -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 15. Re Water Ski New Brunswick's Request For Fire Department's Water Ski Boat Read a report from the City Manager submitting background material with respect to a request from Water Ski New Brunswick that the City make available to it the 1985 Canada Games water ski boat, and a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City of Saint John transfer ownership of the 1985 Correct Craft Ski Nautique competition water ski boat to Water Ski New Brunswick, when taken out of service by the Saint John Fire Department, which is anticipated to be within the next couple of months. Question being taken, the motion was carried. 16. 1998 World Junior FiQure SkatinQ Championships Read a report from the City Manager providing highlights with respect to the 1998 World Junior Figure Skating Championships, to be held at Harbour Station and scheduled for December 2-7, 1997 with qualifying rounds taking place November 29 and December 1; advising the promotional benefits to the City of becoming a Gold Sponsor of this event, as well as what the City would provide in goods and services to a value of $10,000; and recommending that Council approve the City's Gold Sponsorship of the 1998 World Junior Figure Skating Championships. On motion of Councillor Knibb 86-603 COMMON COUNCIL SEPTEMBER 15,1997 Seconded by Councillor Arthurs RESOLVED that as recommended by the City Manager, Common Council approve the Gold Sponsorship by the City of Saint John for the 1998 World Junior Figure Skating Championships for goods and services to the value of $10,000, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting as he was not present for the August 18 public hearing of the proposed re-zoning of 199 Westmorland Road.) 17(a) Zoning By-Law Amendment To Re-Zone 199 Westmorland Road Consideration was given to a report from the City Manager regarding the proposed re-zoning of 199 Westmorland Road, first and second readings having been given at the August 18 public hearing and the matter tabled on September 2 at which time the applicant, having submitted a letter of withdrawal, indicated that he would reconsider his withdrawal if the Section 39 conditions with respect to parking were deleted or amended in a manner which would permit him to utilize the right-of-way; and advising that, although the applicant has submitted three alternative proposals for the parking area, only the applicant's preferred alternative is being submitted to Council as it is the applicant's first choice and is also the least problematic of the three alternatives from staff's viewpoint, although the applicant proposes that the parking area be surfaced with crushed stone and landscaping be protected by railway ties and individual car stops, while normal standards for commercial developments in the fully-serviced urban area would be asphalt paving and cast-in-place concrete curbs. The report states that staff remain concerned about the applicant's proposal and continue to recommend that, if the property is re-zoned, a properly paved and curbed parking area, which is fully on the subject site, be required; and suggests, however, that if Common Council wishes to accept the applicant's proposal, then parts (b) and (c) of the Section 39 resolution recommended by the Planning Advisory Committee should be replaced by specific approval of the applicant's submitted plan. The report also advises that the applicant's proposed layout will require the approval of variances by the Planing Advisory Committee; and concludes that Council may approve the third reading with the conditions as recommended by the Planning Advisory Committee; or Council may accept the applicant's request to withdraw the application; or, if Council wishes to approve the applicant's proposed parking layout as illustrated on the submitted plan, the following Section 39 amendment would be appropriate: (a) the use of the property is limited to a business office and dwelling unit; (b) the parking area must be developed in accordance with a detailed site plan to be prepared by the proponent of the development and subject to the approval of the Development Officer; and (c) notwithstanding condition (b), the said parking area must be developed in a manner similar to the submitted site plan submitted by the applicant and dated September 11, 1997, including location of manoeuvring area on the street right-of-way, gravel resurfacing, no curbs, and two driveways off Fern Street. 17(b) Kim Killam Brown - Money Concepts Re-ZoninQ 199 Westmorland Road Consideration was also given to a letter from Kim Killam Brown of Money Concepts expressing the understanding that the proposed re-zoning of 199 Westmorland Road, as requested by H.W. Killam of Money Concepts, would be discussed at this meeting at which she would be representing Mr. Killam to answer any questions and that she would like the opportunity to make a statement if the need arises. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property containing an area of approximately 520 square metres (5,597 square feet) located at 199 Westmorland 86-604 COMMON COUNCIL SEPTEMBER 15,1997 Road (NBGIC Number 315457), from "R-2" One and Two-Family Residential to "B-1" Local Business 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 Planning Act, the said re-zoning be subject to the following conditions: (a) the use of the property is limited to a business office and dwelling unit; (b) the parking area must be developed in accordance with a detailed site plan to be prepared by the proponent of the development and subject to the approval of the Development Officer; and (c) notwithstanding condition (b), the said parking area must be developed in a manner similar to the submitted site plan submitted by the applicant and dated September 11, 1997, including location of manoeuvring area on the street right-of-way, gravel resurfacing, no curbs, and two driveways off Fern Street. Mr. Totten noted that, if Council wished to approve the applicant's proposed parking lay-out as illustrated on the submitted plan, an appropriate resolution was set out in the above report; in other words, it is not a plan that staff could support but Council did want the necessary resolution if Council decided it was appropriate. Mr. Nugent addressed the applicant's proposal, as submitted under 17(a), in that it indicated that a portion of the public street right-of-way would be effectively taken as part of this development and the only way that the development, as illustrated there, could proceed properly would be if the portion of the street affected were closed as no single individual or corporation can be given exclusive or greater use of a public right-of-way than any other member of the public, which seems to be the intent; thus, if Council wanted to entertain that configuration of the development, before that could be achieved, consideration of closing a portion of the street affected would have to occur; and he expressed the view that there was no authority for Council to adopt the arrangement set out in (c) at this time; however, Council could proceed with (a) and (b) with arrangements then to be pursued to see that adequate parking arrangements were made entirely on site. Councillor Fitzpatrick advised that, in light of the legal advice and that the Planning Advisory Committee and staff did not go along with this, he could not support the motion on the floor. Ms. Kim Killam Brown's presence at the meeting was noted, and Councillor Knibb offered to temporarily withdraw the above motion so that a motion for her to address Council at this time could be proposed. On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that Kim Killam Brown be invited to address Council at this time. Question being taken, the motion was carried. Ms. Kim Killam Brown clarified that she did not want to make a presentation but rather to be available in case there were questions of her; and, in response to questions, advised that the staff recommendation was not acceptable to the applicant because, in order to comply with it, the applicant would have to do major construction work to dig out the fairly steep hill behind the garage and also tear down the garage to make space available, and confirmed that the applicant wanted to keep the garage and it would too expensive to do the work required. In response to Councillor Knibb's question as to whether or not it would be acceptable to the applicant to proceed with (a) and (b) above, omit (c), and leave it so that the parking lot could be developed in accordance with a detailed site plan with Mr. Baird to work out with Mr. Killam how those seven or eight lots should be done, Ms. Killam expressed the belief that Mr. Killam would be very wary about accepting recommendations that would leave him with a problem in the future with not being able to come to an acceptable agreement, and explained that the applicant developed the plan with eight parking spaces because the last time before Council there was concern that four or five was not enough and, if there were a couple of these parking spaces that were not suitable or not acceptable, the applicant would gladly not allow parking in those areas, but she did not think it acceptable to require the applicant to go back and find a whole new plan. 86-605 COMMON COUNCIL SEPTEMBER 15,1997 Mr. Baird, in response to the reason for requiring eight parking spaces, advised that eight was not required but that the applicant wanted to have sufficient parking on the site and felt that this arrangement would accommodate that and, if five were shown on the plan, from a numbers perspective, that would be acceptable; and Ms. Killam Brown confirmed that the elimination of lots one and eight on the applicant's plan would be acceptable whereupon Councillor Knibb suggested that the same Section 39 resolution could be followed with a revision to the plan by eliminating parking spaces one and eight which straddle the property line. Responding to Councillor Brown, Mr. Baird advised that staff had worked it out so that four parking spaces would be required for a combination of the residence and office, which is the By-Law requirement; and Mr. Nugent advised that removal of the word "manoeuvring" would not change the situation; however, it would be unobjectionable if, for example, the parking spaces on the applicant's site plan could be arranged in such a fashion that there was a single driveway that passed over the portion of the right-of-way that was unpaved, as this would make the situation the same as it would be for almost everybody else who lives in any building in Saint John having to pass over a portion which is actually the right-of-way to get in and out of his property; but as soon as the situation becomes one where a portion of the right- of-way, more than simply a driveway, but on the plan a significant portion far larger than a driveway, is to be made available for the exclusive use or the prime use of an adjacent property owner then that is a misuse of a public right-of-way. Mr. Baird indicated in the negative to Councillor Brown's question of whether or not two driveways would be permitted, although the Planning Advisory Committee could grant a variance to permit more than one driveway, and also indicated that four parking spaces and one driveway might satisfy the needs of the client. Councillor Brown asked what could be removed from the above motion to facilitate proper use of the property and the passing over of the public right-of-way, to which Mr. Nugent suggested that what must not be included would be any description of an arrangement that would give to the developer exclusive use of that section of the road and, if for example the plan were reconfigured in a fashion that would allow a single driveway to service the minimum number of parking spaces required, then from a perspective of using the street right-of-way there would be no criticism or objection to the arrangement, and that (b) could be amended to state that the parking area must be developed in accordance with a detailed site plan to be prepared by the proponent of the development and subject to the approval of the Development Officer, illustrating a minimum of four parking spaces serviced by a single driveway. Ms. Killam Brown concurred to the Mayor's suggestion of allowing one more week to attempt to work out the situation. On motion Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the above matter be laid on the table for one week for discussion between City staff and the applicant. Question being taken, the tabling motion was carried. (Councillor Trites re-entered the meeting.) 19. Legal Session Resolution Action Re Contract 94-2 Read a letter from the Common Clerk stating a resolution adopted in Legal Session of Common Council on September 8. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that a settlement in the matter of Robinson Construction Limited v. The City of Saint John S/C/120/96 is hereby authorized to be effected by the delivery to the Company of $13,625 in exchange for the Company's delivering to the City an appropriate Release and filing with the Court a Discontinuance of the said action without costs. Question being taken, the motion was carried. 86-606 COMMON COUNCIL SEPTEMBER 15,1997 20. 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, September 8, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Chief of Police, Common Council authorize payment of $14,822.49 to the Cape Breton Regional Police Service for police interagency cooperation. 2. That as recommended by the City Manager, Common Council authorize the acquisition of land off Riverview Avenue, identified as PID #00033084 and being approximately 1.4 acres in size, from Mr. William Mont on behalf of 039842 NB Ltd., for a price of $15,500, subject to the following conditions: (1) the vendor be responsible for any legal and survey costs to transfer the title to the City of Saint John; (2) the vendor will convey a good marketable title with "absolute fee simple" interest in the land; and (3) title to the property be transferred on or before October 31, 1997 and property taxes will be paid by the vendor up to the date of transaction to the City. 3. That as recommended by the City Manager, because of the breaches and/or non performance by Rockwood Park Waterslides Ltd. of its obligations under its license with the City to operate a waterslide in Rockwood Park that: (1) notice in writing by the City be given to Rockwood Park Waterslides Ltd. terminating the license as provided in Clause 15 of the license; (2) notice be given in writing to Rockwood Park Waterslides Ltd. ("Rockwood") that, within 15 days of the service of the notice of the termination of this license upon Rockwood, Rockwood shall at its own expense remove from the lands any and all structures constructed, erected, made, brought or placed upon the lands and then landscape the lands to the satisfaction of the Commissioner of Community Services (who is now responsible for these particular duties formerly the responsibility of the Assistant City Manager, Operations); (3) notices be signed by the Mayor and Common Clerk; (4) in the event that Rockwood Park Waterslides Ltd. does not comply with the notice issued as per paragraph (2), Common Council authorizes the City Solicitor or his designate to apply to the Court of Queen's Bench for an order to: (a) require Rockwood Park Waterslides Ltd. at its own expense to remove all structures from the lands and landscape the lands within such time as the Court may allow; (b) give the City, in the event that Rockwood Park Waterslides Ltd. does not comply with the Court order, authority at the expense of Rockwood to demolish and dispose of, or cause the demolition and disposal of, the structures and then landscape the site, and (c) give the City a judgement against Rockwood Park Waterslides Ltd. in an amount equal to any expenses the City may incur. September 15, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 20.1. Police InteraQencv Cooperation On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that section 1 of the above report be adopted. 86-607 COMMON COUNCIL SEPTEMBER 15,1997 Question being taken, the motion was carried. 20.2. Purchase Of Property Off Fallsview Avenue On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 20.3. Rockwood Park Waterslides Ltd. On motion of Councillor Waldschutz Seconded by Councillor Arthurs RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 21. Environment Committee Appointment Of Members On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the City of Saint John Environment Committee advising of its acceptance, with regret, of the resignation of Frank Hogan; expressing the understanding that the residency requirement for Committee appointments is being reviewed by the Nominating Committee which may affect the standing of a recently-appointed member; and advising that the Committee has not received notice of the appointment of a Council liaison member, and it would be appreciated if Council would review these vacant positions to bring the Committee to full membership -- be referred to the Nominating Committee. Question being taken, the motion was carried. 22. Fundy United Select Women's Soccer Team 1997 - Request For Assistance On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that with regard to the letter from the Fundy United Select Women's Soccer Team 1997 asking if Council could help in achieving its fund-raising goal of $20,000 in order to participate in the National Tournament in Calgary, Council publicly endorse the fund-raising but regrets that it is unable to provide funds. Question being taken, the motion was carried. 23. Letter OpposinQ Export ProcessinQ Zones On motion of Councillor Trites 86-608 COMMON COUNCIL SEPTEMBER 15,1997 Seconded by Councillor Ball RESOLVED that the letter from David and Rita McCambridge of Summerville, NB, and eleven other citizens, in opposition to export processing zones -- be referred to Enterprise Saint John with the request that it initiate, in conjunction with the developers of the zone in Lorneville, an information package which explains to the citizens of the community just what is perceived and the benefits it can bring forward. The initial motion, which was moved by Councillor Knibb and seconded by Councillor Waldschutz, was to receive and file the above letter. The Mayor suggested that a copy of the letter should be referred to Enterprise Saint John which is dealing with some community groups on this issue and it would make it more positive at the end if it addresses all the community groups. Councillor Ball concurred with the Mayor in this regard, and suggested that there were erroneous statements in the above letter which Enterprise Saint John could address, and Councillor Trites expressed the view that the biggest problem was a lack of understanding of what the zone is all about. The initial motion was withdrawn. Question being taken, the motion was carried. Adjournment On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that this meeting be adjourned and Council meet in Legal Session. Question being taken, the motion was carried. Common Clerk