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1997-12-22_Minutes 86-77 4 COMMON COUNCIL DECEMBER 22, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of December, 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; B. Cullinan, Solicitor; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Edwards, Building Inspector; J. Baird, Manager of Community Planning; P. Asimakos, Planner; G. Tait, Fire Chief; C. Cogswell, Acting Chief of Police; G. Ingraham, Assistant Deputy Chief of Police; D. Parks, Police Constable; D. Oram, Police Constable; J. Wilcox, Police Constable; R. Russell, Police Constable; and Mrs. M. Munford, Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Captain Lisa Brantfrancis of the Anglican Church Army, St. James Anglican Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that minutes of the meeting of Common Council, held on December 15, 1997, be approved. Question being taken, the motion was carried. 3(a) Amendment To Section 39 Conditions Of Re- ZoninQ 103 Ocean Drive & 100 Harbourview Drive The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the proposal adopted by Common Council on November 19, 1973 pursuant to Section 39 of the Community Planning Act in conjunction with the "ID" Integrated Development (formerly known as "PD" Planned Development) zoning of the Harbourview Subdivision area in order to consider a revised proposal for a portion of the area identified as 103 Ocean Drive and 100 Harbourview Drive (NBGIC Numbers 416610 and 416628), to permit the creation of approximately 23 residential lots with one- and two-family dwellings, as requested by Hughes Surveys & Consultants Ltd. for Corporation 1906 Inc., 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 and eight letters considered at the Committee's December 16 meeting at which, prior to hearing from the applicant, staff indicated that, while the recommendation would limit the development to one-family and semi-detached dwellings with a maximum height of 11/2 storeys, there were no requirements indicated for the various other standards of the development and suggested that the "R-2" One- and Two-Family Residential zone requirements be imposed but that the standard relating to lot dimensions and front and rear setbacks be adopted as proposed by the applicant, and Mr. Richard Turner of Hughes Surveys & Consultants Ltd. expressed support for the staff recommendation, and there were five other presentations by area residents with a variety of concerns relating to the proposed development and general area. The report advises of the Committee's discussion at 86-775 COMMON COUNCIL DECEMBER 22, 1997 some length of the various concerns relating to this project, as well as regarding the appropriate development standards for the project and some possible amendments to the subdivision design, and that it resolved to table the matter to allow the applicant and staff an opportunity to further discuss the proposed development in light of the various concerns raised by area residents, as well as to provide staff an opportunity to draft a complete recommendation with regard to the specific development standards for the project; and recommends that Common Council hold the public hearing as advertised but that no decision be made until a further recommendation is received regarding this matter. Mr. Garry Prosser of 168 Harbourview Drive appeared in opposition to the proposal, stating that he is in favour of having these properties developed but in a manner that would improve the subdivision while not negatively impacting on property values and the atmosphere of the subdivision, the major concern of the residents being well water which they would like to continue to use as they do not want municipal water supplied at a huge capital cost; that they believe the subdivision could be developed within the capacity of the well water and that Mr. R. Turner of Hughes Surveys has agreed to meet with a small group of residents regarding their concerns; noted that mention was made at the Planning Advisory Committee meeting that there are no fire hydrants in the subdivision and indicating a need for municipal water, however, as indicated in the Planning staff report, the Fire Department had no applicable comments regarding this application. Mr. Prosser stated he thought the existing zoning for townhouses could not proceed until it came back to Planning Advisory Committee and Council and he now understands that townhouses could proceed without such approval and the present application for one- and two-family homes would be more acceptable than townhouses; questioned if there was an expiry date to the development plan for a development consisting of 120 one-family dwellings and 52 townhouses units, as approved in 1973; and if townhouses could proceed without any further approvals by the Planning Advisory Committee and Common Council; asked that staff evaluate the capacity of the well water for added units or dwellings that building permits then only be issued up to the maximum capacity; and referenced a communal well which may not be utilized to its capacity. Mr. Richard Turner of Hughes Surveys & Consultants Ltd. appeared in support of the application and, in noting that the development was approved in 1973 under a section 39 agreement including 52 townhouse units and a communal well water system, advised that the owner believes that one- and two-family homes are more marketable and would blend into the area; expressed agreement with the restrictions being recommended by Planning staff except that the owner is suggesting that recommendation (1)(c) be changed to read: "that a maximum of twenty-one (21) dwelling units be permitted until such time that (i) municipal water is connected, or (ii) a detailed study of the water system proves that additional capacity is available in the system, or (iii) if additional capacity does not exist the developer be able to supplement the present system to create the additional capacity."; advised that he believes the concerns of the residents of the four lots on Harbourview Drive can be addressed through a grading plan, if required, which could also be added as a condition of approval; referenced a suggestion to staff that lots 97-13 to 97-16 not be developed until a detailed site grading plan acceptable to the Development Officer is prepared, which plan would outline maximum allowable building footprint, proposed final grades, site drainage control measures, and location of driveways; noted that the site density is less in the present proposal; and advised that the developer has applied for a Housing Incentive Program grant on the basis of the development approved by Council in 1973, which is to be considered by Council at this meeting, and noted that the grant application is being pursued at this time as his client is concerned that the Program may end at the end of this year. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, no decision be made with regard to the application of Hughes Surveys & Consultants Ltd. for Corporation 1906 Inc. for a Section 39 amendment to the re-zoning of 103 Ocean Drive and 100 Harbourview Drive until a further recommendation is received from the Committee. Question being taken, the motion was carried. 86-776 COMMON COUNCIL DECEMBER 22, 1997 4(a) Zoning By-Law Amendment To Re-Zone 169-171 St. GeorQe Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land containing a total of approximately 50 feet of street frontage along St. George Street and a total area of approximately 5000 square feet, known as 169-171 St. George Street (NBGIC Number 364786), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, to place the property in a zone classification that reflects the present use of the property as a four-family dwelling, as requested by Jeffrey Smith, and no written objections were received in this regard. 4{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 December 16 meeting at which the applicant stated agreement with staff's recommendation, and recommending that Common Council re-zone the property located at 169-171 St. George Street (NBGIC Number 364786), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification. Mr. Jeffrey Smith, appearing in support of his application, expressed agreement with the above recommendation. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property located at 169-171 St. George Street (NBGIC Number 364786), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, 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 the property located at 169-171 St. George Street (NBGIC Number 364786), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a second time. Question being taken, the motion was carried. 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 Vincent RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 5. South Central Citizens' Council Re Alternative Taxation Possibilities 86-777 COMMON COUNCIL DECEMBER 22, 1997 Mr. Dominick Eden, Chair of the South Central Citizens' Council, presented the previously-submitted letter expressing the view that an increase in the tax rate would have a significant negative impact on the already-extremely fragile rejuvenation process that has been ongoing on the central peninsula; urging Common Council to look to other means of generating revenue in order to preserve the progress that has been seen and to stem the exodus of young families moving away from the City; and suggesting that Council, if need be, should renegotiate with the Province on behalf of the citizens of Saint John, with regard to the unconditional grant. On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that the presentation on behalf of the South Central Citizens' Council regarding alternative taxation possibilities be referred to the City Manager for budget deliberations. Mr. Eden advised that he has researched various modes of taxation and suggested that taxation based on assessed market value is not the only way for a City to generate revenue, and outlined a tax system based on the unimproved value of a lot or lot size wherein the City would divide the budget into the square footage of land and determine a tax rate based on that value; suggested that the present tax system, which covers the cost of services to a property, is not fair and equitable and discourages speculation, development and jobs in Saint John, and discriminates against people with fixed incomes, specifically the elderly; cited the advantages of a tax system based on lot size including a construction boom in the City, and discouraging rural living; and expressed the belief that owners should not be taxed as a result of property improvements. Question being taken, the motion was carried. 8. Mavor's Remarks Mayor McAlary noted that Council will continue budget deliberations during the first week of January 1998; commended various organizations in the City, in particular Romeo House and the Salvation Army, for their work in helping those less fortunate at this holiday season, and encouraged all citizens to contribute to charity at this time to assist others in our community; and invited all citizens to attend the annual New Year's Day Levee. 9. Re Stationary Motor Vehicles Read a letter from Councillor Waldschutz asking Council's consideration of the idea of enacting a by-law prohibiting vehicles not in motion - other than for normal traffic pauses - from having their engines running in Saint John thereby averting considerable mechanical degradation, air pollution and squandering of a non-renewable resource, and suggesting that this be referred to the City Manager and the City Solicitor for a report in the new year. On motion of Councillor Waldschutz Seconded by Councillor Ball RESOLVED that the above letter be referred to the City Manager and City Solicitor for a report in the new year. During discussion the Mayor noted that this issue has been reviewed by the City's Environment Committee on several occasions and has also been studied by the Lung Association. Question being taken, the motion was lost with Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Brown, Fitzpatrick, Knibb, Trites and Vincent voting "nay". 6. Uptown Saint John Inc. Peninsula NeiQhbourhood Plan. 86-778 COMMON COUNCIL DECEMBER 22, 1997 Consideration was given to a letter from Mr. Brad Mitchell, President of Uptown Saint John Inc., submitting the Peninsula Neighbourhood Plan, the development of which was made possible through a partnership among Uptown Saint John Inc., the City of Saint John, Peninsula residents and the business community which will continue to implement the Plan through a number of actions which have been identified by the community in the Community Workbook. Mr. Charles Swanton, Past President of Uptown Saint John Inc., was present to present the Peninsula Neighbourhood Plan for Council's consideration and adoption; noted that the Plan is an objective policy document which will guide the future development of the central peninsula; thanked the City for the involvement of Mr. Peter Asimakos in the project; and introduced Mr. Tom Horrocks, a director of Uptown Saint John Inc. and co-chair of the steering committee which developed the Plan. Mr. Horrocks, acknowledged the members of the steering committee, namely, Carla Isnor (co-chair), Stephen Carson, Keith Raynes, Libby Shackleton, Councillor Waldschutz, Councillor Brown, Ralph Stephen Jr., Dominick Eden, Kent Grass, Stephen Smith, Judith Meinert, Eileen Cullen, and Peter Asimakos, and also acknowledged the efforts Messrs. Baird and MacKinnon; and, through a slide presentation, outlined the Plan for the peninsula area, which is the land lying south of the Throughway (highway #1) and to the water on all sides, excluding the Uptown area or commercial downtown core, which is to be adopted as an amendment to the Municipal Plan, and highlighted the following objectives for each component of the Plan, and the policies to be adopted for each objective: Residential - residential neighbourhoods on the Peninsula which are maintained and developed in a manner which is highly desirable for housing people from all demographic profiles; Commercial Uses - the development of commercial uses on existing commercially designated sites in a manner compatible with the adjacent residential areas; Industrial, Port & Business Park Uses - maintain industrial uses in existing areas designated Industrial and Port while improving compatibility with adjacent land uses; and develop the peninsula waterfront in a manner which creates a compatible mix of uses and greater public access; Urban Design - maintain and enhance the physical features which make the peninsula an attractive and unique living environment; take advantage of the physical location of the peninsula by increasing public access to the waterfront, maintaining water views from streets and capitalize on water views in the design of new developments; and ensure infill development on vacant lots, existing buildings, public lands and streetscapes will be sensitive to the surrounding character and scale of the built environment so as to enhance the quality of life for residents of the peninsula; Recreation & Green Space - enhance development potential and quality of life on the peninsula through the provision of both active and passive recreation and green spaces; and recreation and green spaces shall be in sufficient supply, quality and variety to meet the needs of peninsula residents; Transportation & Parking - a transportation and parking system on the peninsula that meets the needs of peninsula residents and businesses and provides a framework for future growth and development; Safety & Security - develop a public understanding that the residential areas of the peninsula are safe areas to live; Community Services - community services will be maintained, developed and delivered in a manner which enhances the quality of life on the peninsula and responds to the needs of residents; Education System & Facilities - maintain a high quality of public education in the schools on the peninsula; Building Partnerships - develop partnerships as a method of achieving the numerous actions identified to realize the objectives of the Peninsula Neighbourhood Plan; and Environment - maintain a high degree of environmental responsibility for industrial uses; and achieve the highest possible level of environmental quality on the Peninsula. On motion of Councillor Waldschutz Seconded by Councillor Ball RESOLVED that the Peninsula Neighbourhood Plan be referred to the City Manager with a view of adopting the Plan Objectives and Policies as an amendment to the Municipal Plan. (Councillors Trites and Vincent withdrew from the meeting). During discussion it was noted that the above Plan was developed through a partnership between Uptown Saint John Inc., the City of Saint John, Peninsula residents, and the business community. 86-779 COMMON COUNCIL DECEMBER 22, 1997 Question being taken, the motion was carried. (Councillors Trites and Vincent re-entered the meeting). 7. Police Force - Proposed 1998 BudQet Consideration was given to the proposed 1998 budget of the Saint John Police Force, further to the budget presentation on October 25, 1997. Acting Chief Cogswell, through a computerized presentation, addressed the Police work load whereby Police are responding to more than 75 percent of total calls for service of all emergency services combined; noted the Police calls for service per day in relation to officer presence on the street, and Police calls per population ratio; noted that in officer to area ratio, they are policing more than twice the area per officer on average than most cities in Canada; stressed the need for continuing change which will make the Police Force more responsive to the community by soliciting input from the citizens, responding to the demands for service more effectively and efficiently, involving other agencies to facilitate the service delivery, and informing and being accountable to the citizens, which are the core values of community policing; outlined the changes proposed in the following areas: human resources, technology, facilities, and support; highlighted the revised 1998 proposed budget with total reduction adjustments of $357,727 (revised to $377,977) and total budget additions of $195,000, for a net operating decrease from the budget previously presented of $182,977; and the proposed 1998 Capital Budget for the Police Force and proposed three-year capital plan; and concluded that the Operating Budget addresses the mission of the Saint John Police Force in conjunction with a number of recommendations brought forward in the Perivale Taylor report, being community based policing, more Police presence on the street, technology, victim services, civilianization, Police governance, workforce adjustments, and reorganization, and the Provincial policing standards. Acting Chief Cogswell responded to questions in the above regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the revised 1998 budget proposal of the Saint John Police Force be referred to the City Manager for budget consideration. Question being taken, the motion was carried. 10. Authoritv To Expend Funds On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that the following resolution be adopted, namely:- WHEREAS the 1998 budgets for the City of Saint John have not been approved; AND WHEREAS there are some day-to-day matters controlled by the general approval of the budget: NOW THEREFORE BE IT RESOLVED that the City Manager be authorized to approve purchases up to the value of $25,000 where provision for same is normally contained in the budget which has not been approved: AND BE IT FURTHER RESOLVED that approval be given for the weekly payroll for civic employees: AND BE IT FURTHER RESOLVED that the Commissioner of Finance be authorized to disburse funds to commissions and organizations which, in his opinion, would ensure the continued economic and efficient day-to-day operation of these commissions and organizations during this period. 86-780 COMMON COUNCIL DECEMBER 22, 1997 Question being taken, the motion was carried. 11. HIP Applications #50 To #52 & #42 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the following Housing Incentive Program applications be approved:- HIP #50 - 051833 N.B. Ltd. for an estimated grant of $100,000 for ten single-family units at Mahogany Place; HIP #51 - Mike Cavanagh Homes for an estimated grant of $30,000 for six two-family units on Chubb Street; and HIP #52 - Corporation 1906 Inc. for an estimated grant of $117,600 for 21 one- and two-family units at Harbourview Subdivision, on condition that these approvals do not explicitly or implicitly obligate Common Council to approve any required amendment or subdivision; and further that Common Council extend the proposed start of construction by an additional six months for HIP #42, approved by Council on August 18, 1997, for Premium Investments Inc. for three units on Sherbrooke Street. With regard to the proposed development at Harbourview Subdivision, it was noted that approval of the above applications does not explicitly or implicitly obligate Common Council to approve any required amendment or subdivision. Question being taken, the motion was carried. 12. Proposal For Transportation Study On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that as recommended by the City Manager, the proposal of FGA Consultants Ltd., in association with Godfrey Associates Ltd. and Geoplan Consultants Ltd., be accepted with regard to a transportation study, and the Mayor and Common Clerk be authorized to execute an appropriate contract document. Question being taken, the motion was carried. 13. Potential Structural Steel Problem In BuildinQs In City Consideration was given to a report from the City Manager submitting a copy of a memorandum from the Department of Municipalities, Culture and Housing with regard to an advisory on inspections of open web steel joists (OWSJ) and involving the possible structure integrity of the welds on some open web steel joists in some Atlantic Provinces and recommending that owners of all buildings, which incorporated roof or floor designs using OWSJ manufactured by Robb Engineering during the period 1970- 1985 consult with their engineering advisors to determine if their properties should be assessed to establish if they contain Robb Engineering OWSJ in their roof or floor designs or if these joists are structurally sound; also submitting a list provided by the Department of buildings and contractors in the Saint John area; and advising the Building Inspector's intent to bring to the attention of the current building owners that there may be structural defects and also to publish a notice in the local newspaper advising all building owners who have OWSJ as part of their design that they should contact a qualified professional to assess their building. Councillor Knibb proposed a motion, which was seconded by Councillor Vincent and later withdrawn, to receive and file the above report. Mr. Edwards advised his intention to publish a newspaper advertisement as he is unable to positively identify a large number of buildings which may have used this product between 1970 and 1985, and that staff intends to contact the current owners of buildings they can identify. He advised that the submitted list was forwarded to him by the Provincial Department of Municipalities, Culture and Housing, who have been working in conjunction with the 86-781 COMMON COUNCIL DECEMBER 22, 1997 Associations of Professional Engineers in New Brunswick, Nova Scotia, Newfoundland and Prince Edward Island. During discussion Mr. Edwards responded to queries, advising that he believes that the City, through the inspection program, did not have a responsibility or a duty to pick up this type of defect in a pre-manufactured product which was supposedly CSA approved, and for that reason he is suggesting that the building owners be notified that there is potentially a problem; and it was noted that the memorandum from the Province, dated October 7, 1997, was sent to him by facsimile from the Province last week. The Mayor suggested that a letter be forwarded to the Department of Municipalities, Culture and Housing asking them exactly what they are going to do in this regard, and questioning the manner by which the information was forwarded to the City. The proposed motion was thereupon withdrawn. On motion of Councillor Gould Seconded by Councillor Arthurs RESOLVED that the Minister of Municipalities, Culture and Housing be asked for further information in the above regard, and that the matter also be referred to the City Solicitor. Question being taken, the motion was carried. 14. OrQanizational ChanQes Consideration was given to a report from the City Manager submitting resolutions, as prepared by the City Solicitor, to effect changes to the organizational structure as previously discussed with Council, and advising that the resolutions have been discussed with the employees directly involved, and the Board of Pension Trustees has been informed of the steps being taken. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that Charles Robichaud, Commissioner of Municipal Operations, is hereby transferred and appointed to the position of Commissioner of Human Resources effective the 9th day of January 1998 at 5:00 p.m. AND FURTHER that Paul Groody, Commissioner of Human Resources, is hereby transferred and appointed to the position of Commissioner of Municipal Operations effective the 9th day of January 1998 at 5:00 p.m.; simultaneously with the transfer and appointment of Charles Robichaud to the position of Commissioner of Human Resources: AND FURTHER that the position of Commissioner of Human Resources is hereby abolished effective January 30, 1998, at 5:00 p.m.; thus terminating Mr. Robichaud's employment with the City of Saint John: AND FURTHER that the Mayor and Common Clerk are hereby authorized to execute an agreement with Mr. Robichaud providing that the City shall, upon the abolition of the position of Commissioner of Human Resources: (1) pay annually to Mr. Robichaud, or to his spouse should his spouse survive him, and for as long as either of them should live, the difference between: i) the amount of the annual pension entitlement of himself or his spouse under the City of Saint John Pension Act as it exists from time to time, and ii) the sum of $40,000, such payments to be made on February 28th of each year, commencing in 1998 and (2) pay to Mr. Robichaud not later than January 30, 1998, the lump sum of $10,000 in lieu of health and dental benefits for a five-year period. Question being taken, the motion was carried with Councillor Brown voting "nay". 15. Appointment Of Ports Canada Police Constables To Saint John Police Force Consideration was given to a letter from the Acting Chief of Police recommending that the following members of the Ports Canada Police be employed with 86-782 COMMON COUNCIL DECEMBER 22, 1997 the Saint John Police Force: Arthur B. Ross, Gregory N. Dunham, Alan H. Narrowmore and Roger L. Paris. 16. Appointment Of Ports Canada Police Constables To Saint John Police Force Consideration was also given to a report from the City Solicitor advising the requirements of the Police Act in order for the hiring of Ports Canada Police Officers to be effective further to Common Council resolution of December 15, 1997 authorizing the hiring of four officers from the Saint John Detachment of the Ports Canada Police; and submitting an appropriate resolution for Council's consideration. The report also advises that the Police Act enables a municipality to authorize the Chief of Police to appoint police officers to the Force and, if Council chooses to proceed in that fashion, the authorization must be conferred by resolution and, although this was done in October 1984, since the existence of a board of police commissioners intervened, it would be advisable in his view to adopt such a resolution again if Council wishes such an arrangement to prevail for future appointments. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that each of Arthur B. Ross, Gregory N. Dunham, Alan H. Narrowmore and Roger L. Paris is hereby appointed a member of the Saint John Police Force effective January 1, 1998: AND FURTHER that the above report from the City Solicitor be received and filed. Question being taken, the motion was carried. 17. Zoning By-Law Violation 2690 Loch Lomond Road Consideration was given to a report from the City Solicitor advising that the Building Inspector wishes to make an application for an Order which would require the owners of 2690 Loch Lomond Road, Victoria and Cynthia Train, to cease using or permitting the use of the subject property for the sale and/or the display for sale of motor vehicles, Common Council on July 21, 1997 having denied an application for the re- zoning of this property which would have permitted its use for the sale and/or the display for sale of motor vehicles; and submitting a resolution for Council's consideration which would designate the Building Inspector to make such an application. On motion of Councillor Waldschutz Seconded by Deputy Mayor Chase RESOLVED that Building Inspector William Edwards is hereby designated and authorized to make an application to the Court of Queen's Bench for an Order which would require Victor and Cynthia Train to cease using or permitting the use of their property which is located at 2690 Loch Lomond Road, Saint John, N.B., NBGIC Parcel Number 332437, for the sale and/or the display for sale of motor vehicles. Question being taken, the motion was carried. 17 A. Secondment Of Darrell A. Scribner To Canadian Police ColleQe Read a report from the City Solicitor submitting the proposed agreement for the secondment of Constable Darrell A. Scribner to the Canadian Police College, further to Council's referral of it to him on October 27, 1997, and a copy of his letter in this regard to former Police Chief David Sherwood, dated October 29, 1997, recommending certain changes to the text which, he has been advised, were discussed with officials of the Canadian Police College and were, with the exception of the change suggested for paragraph 4, found acceptable, in that the College has advised that it 86-783 COMMON COUNCIL DECEMBER 22, 1997 must insist that this paragraph provide that the agreement shall be construed, performed and enforced according to the laws of the Province of Ontario; advising that, if a dispute concerning the contract should arise, this provision could result in cost and inconvenience to the City which might not arise should the laws of the Province of New Brunswick prevail; however, in light of the positive experience which he understands the City has previously had with the Canadian Police College in secondment matters, accepting the College's position on this point would not, in his estimation, pose a significant risk to the City. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report be received and filed and the Mayor and Common Clerk be authorized to execute the said Letter of Agreement for the secondment of Constable Darrell A. Scribner to the Canadian Police College. Question being taken, the motion was carried. (Councillors Ball and Vincent withdrew from the meeting). 18. 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, December 15, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Common Council authorize the extension of the closing date for the sale of Site "C", Chesley Drive, to Corporation 1906 Inc. to on or before March 31, 1998, and the Mayor and Common Clerk be authorized to execute the appropriate documentation; and further that, subject to receiving the appropriate approvals from the Planning Advisory Committee (and consent from Common Council, if required), the Common Clerk be authorized to sign plans of subdivision required to facilitate the sale of Site "C", Chesley Drive and the creation of lot(s) thereon of the area(s) to be declared historical by the Province of New Brunswick. 2. That Mr. Peter Klohn of Stewart McKelvey Stirling Scales be appointed Chairman of the Year 2000 Committee and that he be encouraged to involve the participation of citizens from the greater Saint John area. December 22, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 18.1. Site "C" Cheslev Drive On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 18.2. Appointment of Chairman of Year 2000 Committee 86-784 COMMON COUNCIL DECEMBER 22, 1997 On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. (Councillor Vincent re-entered the meeting). 19. Planning Advisory Committee Relocation Of Municipal Services Easement 15 Den Boom Court On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the submitted photo- reduced subdivision plan of 15 Den Boom Court that would vest a municipal services easement along the northern property boundary of Lot 97 -20A and release an existing easement situated near the centre of the lot, and the Mayor and Common Clerk be authorized to execute any necessary documents; and (2) the above approval only be granted on the following conditions: (a) the proponent undertake the necessary work within the proposed new easement in order to relocate the existing storm water drainage course, and such work be completed to the satisfaction of the Chief City Engineer; and (b) the Development Officer not endorse the subdivision plan until the work mentioned in clause (a) is completed to the satisfaction of the City. Question being taken, the motion was carried. 20. Solicitor General Re Bill 3 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the memo from Solicitor General Jane Barry clarifying the contents of Bill 3, An Act To Amend The Police Act -- be referred to the City Manager and the City Solicitor. (Councillor Ball re-entered the meeting). Question being taken, the motion was carried. 21. Eastside Welding Ltd. - Re-Zoning Of 945 Old Black River Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the application of Eastside Welding Ltd. for the re-zoning of property at 945 Old Black River 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 Monday, February 2, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 22. Canadian Caviar Company Inc. Re Use Of Loch Lomond Hatcherv On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Canadian Caviar Company Inc. submitting a copy of a draft license between the Department of 86-785 COMMON COUNCIL DECEMBER 22, 1997 Fisheries and Oceans and the Canadian Caviar Company to occupy and operate the Saint John Fish Culture Station, and a copy of a letter from Irving Oil Limited with regard to subletting the fish hatchery property; and requesting that the City of Saint John, as prime owner of the Loch Lomond Hatchery, confirm acceptability of its arrangements with the Department of Fisheries and Oceans (DFO) to take possession of the Hatchery -- be referred to the City Manager. Question being taken, the motion was carried. 23. Multicultural Association Of Saint John Re Police Commission On motion of Councillor Vincent Seconded by Councillor Arthurs RESOLVED that the letter from Multicultural Association of Saint John, Inc., referring to the advertisement for persons interested in being appointed members of a proposed City police commission; and expressing the hope that Council will make every effort to encourage applicants who will enable the City to follow a policy recommended by the City Race Relations Committee that the City encourage participation from minority groups for selection to its boards, commissions and commissions -- be referred to the Nominating Committee. Question being taken, the motion was carried. 24. Eric L. Teed Re HeritaQe Areas On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mr. Eric L. Teed advising that he is somewhat disturbed at the action and lack of action respecting the City's heritage areas; and noting the focus to a safety door on Princess Street which apparently does not strictly conform with some heritage standards while, at the same time, an apparent lack of action to correct a flagrant breach of heritage rules with the outside lighting placed on "Pillars", the former Bank of New Brunswick building on Prince William Street -- be referred to the Preservation Review Board. Question being taken, the motion was carried. 25. Stephen Tobias - Re-Zoning Of 231 Churchill Boulevard On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the application of Stephen Tobias for the re-zoning of property at 231 Churchill Boulevard 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 Monday, February 2, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk