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1998-06-15_Minutes 87-74 COMMON COUNCIL JUNE 15, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of June, AD. 1998, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Facility Management; W. Edwards, Building Inspector; K. Galbraith, Manager of Public Affairs and Protocol; R. Magee, District Fire Chief; C. Cogswell, Chief of Police; 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 Bob Freill of the Roman Catholic Diocese of Saint John offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that minutes of the meeting of Common Council, held on June 8, 1998, be approved. Question being taken, the motion was carried. 7. Mavor's Remarks The Mayor, having advised her intent to change the agenda order, recognized Gerry Mabey, Chairman of the Saint John Canada Day Celebration Committee, who addressed Council regarding the events planned for the celebration of July 1, 1998 - Canada Day, in the City of Saint John, as indicated in the schedule of celebrations (copies of which were distributed to Council members at this meeting). Mayor McAlary welcomed to the meeting Mr. Justice Robert J. Higgins, a former member of Common Council. Environment Committee's Essay And Poster Contest - Presentation Of Prizes Mayor McAlary called upon David Bowen, Chairman of the Saint John Environment Committee, who introduced the winners of the Committee's Annual Poster and Essay Contest for students from School District 8, to whom the Mayor presented certificates and monetary prizes to the 1 st, 2nd and 3rd prize winners as follows:- Poster Contest - KinderQarten the students of Mrs. McCaustlin's Class, St. Rose School; Danielle Golding, Princess Elizabeth School; and Mrs. Malone's Class, St. Rose School; Grade One: Theresa Quardam, St. Rose School; Janelle Haddad, Forest Hills School; and Alana Mallett, Forest Hills School; Grade Two: Mark Dean, Michael Golding and Levi Ellingwood, Princess Elizabeth School; Grade Three: Mallory Cunningham, Colin Hodd and Laura Higgins, Island View School; and Essav Contest - Grade Five: Troy Reardon of St. John the Baptist-King Edward School; Erin Fulton, Princess Elizabeth School; Kara Higgins, M. Gerald Teed School; Sara Nickerson, M. Gerald Teed School (not present); Seamus McDonough, Princess Elizabeth School (not present); and Shannon Luck, Princess Elizabeth School. Also presented at this meeting were commemorative plaques in recognition of contributions, in a significant fashion, to the enhancement of the environment of the City of Saint John of the 87 -75 COMMON COUNCIL JUNE 15, 1998 following people: Matthew McKim, President of ACAP Saint John, in the development of a comprehensive "Environment Management Plan"; Sarah Wilson for her time, effort and commitment as Past Secretary to the City of Saint John Environment Committee; Andrew Carson, a Grade 12 Student at Saint John High School, for his involvement in a self-managed, individual clean-up campaign in the Uptown area; and Reverend Philip J. and Mrs. Roberta Lee in recognition of their contribution in regard to the landfill issue. Mr. Bowen advised that, as there were no entries in the Grade Four essay contest initiated this year, the Committee would revert to its former practice of having a poster contest for Grade Four students next year. The Mayor called for consideration at this time of item 4. 4(a) Zoning By-Law Text Amendment And Re-ZoninQ 1925 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to (i) a proposed Zoning By-Law text amendment to add the following to the list of zones in Section 30(1): "Special zones SZ#1", and to add Section 740 immediately following Section 730, as follows: "740 SPECIAL ZONES (1) Special Zone #1 (SZ#1) (a) Uses Any land, building or structure may be used for the purposes, and for no other than, (i) the following uses: - one family dwelling - two family dwelling - retail store - club or lounge - amusement place (ii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. (b) Zone Standards Standards for development in Special Zone #1 shall be as set out in Section 111 (3), and Sections 810 to 910 where this zone shall be considered a "B-1" zone, a "B" zone, or a business zone, as the case may be. "; and (ii) the proposed re-zoning of the property located at 1925 Golden Grove Road, also being part of NBGIC Number 309815, from "RS-IM One- and Two-Family and Mobile Home Suburban Residential to "SZ#1" Special Zone #1, to convert the convenience store and residential building to a convenience store and a licensed lounge, as requested by Sandra L. Wood, and 4(c) a copy of a letter of concern to the Planning Advisory Committee from The Honourable Stuart Jamieson, MLA Saint John Fundy, was received in this regard, along with letters of objection from Sharon and Bruce Gordon, Steven Latimer who also submitted a petition and copies of letters from Edmond Vanier Jr., Dawn Whittaker, Marilyn and Walter Whittaker, and Kenneth Daley;, and the Susan and Calvin Blair family, and Cheryl Hawkes; as well as a letter from Edward W. Keyes, lawyer for the applicant, (copies of which were distributed to the Council members on this date), advising that his client instructed him today to withdraw the application and he had been instructed not to attend this meeting. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, a petition in favour and a petition against the proposal, and twelve letters in opposition to the proposal considered at the Committee's June 9 meeting at which Edward Keyes indicated that, as a result of the objections from the surrounding property owners, the applicant was prepared to withdraw her proposal to operate a licensed lounge from the subject property but would like to establish and operate an amusement place; Jeff Benson, Margaret Woods and Robert Brien spoke in opposition to the proposal and Sharon Gordon spoke on the danger of driving on Golden Grove Road and indicated that she had no objection to an amusement place being operated from the premises; and recommending that the proposed amendment to the Zoning By-Law and re-zoning of the property be denied. 87 -76 COMMON COUNCIL JUNE 15, 1998 On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that Council accept the withdrawal of the application of Sandra L. Wood for a Zoning By-Law text amendment and re-zoning of property at 1925 Golden Grove Road. Question being taken, the motion was carried. 3(a) Municipal Plan & (b) Zoning By-Law Amendments 162 And 177-187 Manners Sutton Road The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed amendment to Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Projects and Proposals - Development Area A: Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme/Character": "To also permit the development of attached single- family dwellings at Intensity 5 on lands located at the westerly end of Manners Sutton Road, having NBGIC Numbers 55115562,55115547, and part of 55115554. The development will be carried out in accordance with a specific detailed proposal adopted by Common Council pursuant to Section 39 of the Community Planning Act."; and (b) the proposed re-zoning of a parcel of land located at the end of Manners Sutton Road, having NBGIC Numbers 55115562,55115547 and part of 55115554, from "R-1A" One- Family Residential, "RS-2" One- and Two-Family Suburban Residential and "RF" Rural to "TH" Townhouse classification, to permit the development of one-family dwellings, two-family dwellings and townhouses on the subject land, as requested by Hughes Surveys & Consultants Ltd., on behalf of G.A(Sandy) Robertson, and 3{d) letters in support of the proposal were received from Donald P. Crawford, G.L. Keith, W.B. Nase, David and Faye A Black, R.L. Arseneau, Gordon R. Cobham, R. Bruce McKim, M.E. and Joan B. Stoney, and Isabel Martin, as well as from 1.G. (Gil) Hall and Manford Thompson Construction Co. Ltd. (copies of which were distributed to Council members on this date); and 4{e) letters in opposition to the proposed re-zoning were received from Burton L. and Marie E. Purcell and Peter & Signe Winters. 3{c) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, letters expressing objections, concerns or support for the proposal, and a package of supporting information distributed by Rick Turner of Hughes Surveys & Consultants Ltd. who, on behalf of the applicant, spoke in favour of the proposal at the Committee's June 9 meeting at which Janet Donahue, Barry Roderick, Burton Purcell, Michael Donahue, and Mary Lou Cronin spoke against the application indicating a number of concerns about the proposal, including its compatibility with the existing neighbourhood, traffic impact and the ability of Manners Sutton Road to accommodate the additional traffic and urging the Committee to adopt the Community Planning's recommendation that the application be denied. The report advises of the Committee's decision to recommend that the application be approved with additional Section 39 conditions restricting the number of dwelling units on the peninsula portion of the site to a maximum of 40 units, and also to recommend that Common Council initiate the improvements to Manners Sutton Road which were suggested by the applicant; and recommends that (1) Common Council amend the Municipal Development Plan by amending Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Projects and Proposals - Development Area A: Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme/ Character": "To also permit the development of attached single- family dwellings at Intensity 5 on lands located at the westerly end of Manners Sutton Road, having NBGIC Numbers 55115562,55115547, and part of 55115554. The development will be carried out in accordance with a specific detailed proposal adopted by Common Council pursuant to Section 39 of the Community Planning Act. "; (2) Common Council re-zone the parcel of land located at the end of Manners Sutton Road, having NBGIC Numbers 55115562,55115547 and part of 55115554, from "R- 87 -77 COMMON COUNCIL JUNE 15, 1998 1A" One-Family Residential, "RS-2" One- and Two-Family Suburban Residential and "RF" Rural to "TH" Townhouse classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the development of the site is restricted to the applicant's proposal to develop a residential subdivision consisting of one-family dwellings, two-family dwellings and/or townhouses, up to a maximum of 50 dwelling units; and (b) the number of dwelling units which may be developed on the proposed private street on the peninsula (to the north of the proposed extension of Manners Sutton Road) is limited to a maximum of 40 dwelling units; and (3) Common Council initiate improvements to Manners Sutton Road as suggested by the applicant and illustrated on the applicant's submission as submitted with this report. Mr. Nugent, referring to the material submitted with 3(c) above particularly a letter dated June 9 from William P. Nugent in which he expressed concern for his uninterrupted access from his property to Manners Sutton Road, advised that he and William Nugent were brothers and, in order to avoid any perception of partiality or conflict should any questions concerning that matter arise, he would not be providing an opinion to Council and, in that event, he would see that those questions were directed to independent outside counsel who would report directly to Council. John Henneberry of 26 Meadowbank Avenue spoke in opposition to the proposed development on the basis that changes of the magnitude proposed would be a new plan and the home owners of the subject area would no longer have the protection afforded to them under the existing by-laws and Millidgeville Plan if the development proposal were approved, and, with development of the proposed fifty homes plus the eleven in the Rocca development, the entire character of the area would be changed and he, as a taxpayer, did not want his rights compromised for future possible taxpayers. Mr. Henneberry broached a safety issue in view of the danger of a blind corner at Manners Sutton Road, Kennebecasis Drive and Millidge Avenue which could not be improved and, with the Rocca development, would be made worse in terms of visibility, as well as the condition of the Road; and also broached the possibility of Council's approval of an infill grant for the development, if the proposed amendments were approved. Mr. Henneberry urged Council to consider Planning staff's recommendation very carefully and not approve this development. Peter Zed, a Saint John lawyer, appeared before Council representing a large group of citizens from the Manners Sutton Road and area who, he advised, were opposed to the development proposal and represented about two thirds of the approximate thirty-three residences on Manners Sutton Road as indicated by the twenty-two red dots on a plan which he displayed at this time. Mr. Zed, having asked the people he represented who were present at the meeting to stand, advised his intent to introduce four people who would each address Council; and noted that residents of the area had responded favourably, despite the increased traffic on Manners Sutton Road, to the applicant's proposal barely two years ago for the subject property for fifteen single-family homes allegedly in response to a perceived need by the developer for this type of development and, having been unsuccessful in selling those lots, the applicant was now before Council with a proposal allegedly to fill another perceived need, completely different from the last. Mr. Zed clarified that area residents were not against development, but supported and recognized the need for the City of Saint John to increase its tax base, and there would not be a great deal of objection right now if the developer were to come forth with a proposal, which was feasible, to sell twenty-five smaller single-family lots so that, over a period of time, there would be twenty-five single-family homes on the site, instead of fifty townhouses, for a development which would match the zoning and Municipal Plan. Mr. Zed addressed two issues, one being that the number of townhouses proposed, in sheer numbers, would put an unacceptable burden on the existing services, in particular, the Road, and the other being the character of the neighbourhood in terms of what made a neighbourhood desirable; and introduced the following four people who, in turn, addressed Council in opposition to the proposal. Peter Winters of 101 Manners Sutton Road advised that, having been attracted by the waterfront location and the country charm of Manners Sutton Road and a very relaxing environment, he had made the single most significant investment of his life based on the expectation that the single-family character of Manners Sutton Road would be maintained; and expressed the view that single-family homes were in demand 87 -78 COMMON COUNCIL JUNE 15, 1998 on Manners Sutton Road if the price was right, and that fifty units were too many and townhouses did not fit the character of Manners Sutton Road, especially located at the far end of a narrow, dead-end country lane as the Road could not handle it and widening of the Road was virtually impossible, particulary in several areas. Mr. Winters advised that he would support a proposal from Mr. Robertson to build a number of single-family homes, twenty-five or so; and asked Council to reject the proposal and ask the applicant to submit another proposal that would reflect the concerns of the existing stakeholders in the community. Signe Winters of 101 Manners Sutton Road commented on the importance to her of being able to locate a house in a quiet residential area with minimum traffic; and advised of the circulation of a petition (copies of which were distributed to Council members at this meeting) opposed to the building of fifty dwellings at the end of Manners Sutton Road, as well as of comments made by people who signed the petition. Mary Lou Cronin of 150 Manners Sutton Road addressed the history of development on Manners Sutton Road, and expressed the view that Manners Sutton Road was not suitable for the proposed development which was completely incongruous with the flavour of that community. Ms. Cronin suggested that there were many other areas covered under the Millidgeville Plan which could take the type of development proposed without anyone making any objection to it whatsoever; and that such a development would increase the traffic substantially, and the infrastructure was not in place; and expressed concern about what the next proposal would be if the proposed townhouses did not sell. Michael Donahue of 140 Manners Sutton Road concurred with Planning staff's advice that townhouse developments must and should be properly located; made the observation that the only access to the proposed development was along Manners Sutton Road, a narrow, winding, century-old country lane; compared the proposed development with other developments, including Highwood and a Rocca development at Millidge Avenue and Manners Sutton Road; and advised that he looked forward to the day when this valuable and potential tax-generating property was development at the same standards to which he abided, and his appearance at this time was in defence of his home, lands and the integrity and ambiance of the Manners Sutton neighbourhood. Mr. Zed, in summarizing the residents' concerns, referenced the support for the project in terms of increasing the tax base, and asked Council, as a decision on zoning on the basis of tax considerations for an individual project that did not work, to allow the Millidgeville Plan an opportunity to work, re-iterating the residents' support for a reasonable proposal to build single-family homes on the subject property on which there might be room for up to thirty, or more realistically, twenty-five sites. With regard to Manners Sutton Road, Mr. Zed noted the Traffic Impact Study supplied by the applicant, and the effect of the proposed development in doubling the traffic on Manners Sutton Road where traffic was already too high; and asked, as the applicant's report noted that improvements to Manners Sutton Road would be necessary notwithstanding that it alleged that the increase in traffic would be acceptable, who would widen the Road and at whose cost and, in any event, if the Road could be widened without greatly interfering with existing properties, many of which especially on the waterside have minimal setbacks from the exiting roadway. Mr. Zed suggested that widening the road would negatively affect the character of the street and the neighbourhood, and also that statistics brought forth by the applicant on townhouses were irrelevant in that, while he could concede that townhouses might be becoming more popular because of the aging population and the subject proposal would not violate any density criteria and that they were desirable, they were not desirable at the location in question, noting that areas for townhouse construction were clearly designated on the Millidgeville Secondary Plan. Mr. Zed made the observation that, while it was thought that the Bullock Street lift station was sufficient to service the previously-proposed fifteen single-family homes, it was realized now that it would not be sufficient to service fifty townhouse units, and there was no data available on what changes would be required nor of the cost involved. Mr. Zed asked Council to send a positive message to citizens and developers that it would protect their privacy and their investment by following plans, such as the Millidgeville Plan, and recognize the concept of consistent neighbourhood character; and also to do as Planning staff in, as the 87 -79 COMMON COUNCIL JUNE 15, 1998 proposed development would not be consistent with the neighbourhood, not supporting the proposed development. G.A (Sandy) Robertson, in addressing Council in support of his application, commented on his life-long residency in the City of Saint John, having grown up on Manners Sutton Road; displayed photographs of a sawmill, mill houses and a number of large homes that had existed on the subject property to depict the history of it. Mr. Robertson emphasized that his job was not developing land but rather that his secondary interest was development; and advised that he would hope Council would concur with him that what he wanted to do was right, was good for the neighbourhood and everybody would be happy as it was a win-win situation. Richard Turner of Hughes Surveys & Consultants Ltd. spoke in support of the application, having worked on the proposal with the owner of the subject property, during which time he distributed to Council members copies of the above- mentioned package of supporting information submitted to the Planning Advisory Committee, along with information on the present minimum floor area requirements for an "R-1A" zone and minimum ground floor areas specified in proposed covenants and on property assessments and taxes in the Manners Sutton Road area, a conceptual drawing, copies of photographs, a copy of a letter to the Planning Advisory Committee from Doug Gould, and a copy of a petition from residents of Manners Sutton Road requesting reconstruction of Manners Sutton Road, which was the subject of Common Council resolution of June 26, 1995. Mr. Turner expressed agreement with the Planning Advisory Committee's positive recommendation, noting a recommended condition allowing for fifty units with no more than forty on the peninsula portion of the property; and, with regard to the Traffic Impact Study submitted with the above report from the Planning Advisory Committee, advised that, as this was believed to be the main issue, Donald Good who prepared the report would be making a brief presentation and respond to questions on the traffic aspect. Mr. Turner also advised that Carl Sherwood of Prudential Property Specialists would also be making a presentation about the proposal; and summarized how the proposal related to the Millidgeville Plan in that the proposed development would not be exclusively townhouses but would be a development of luxury, waterfront mixed housing, with townhouses included, under a condominium-style development. In terms of density, Mr. Turner advised that the Municipal Plan's provision for an intensity five development on the subject property was a substantially higher density than what was proposed, noting Planning staff's indication that density was not the issue; and also advised that the applicant was not asking for high density but to include another housing type which would be less costly to service, suggesting that, as the Millidgeville Plan specifically sited the subject property with the requirement that the peninsula must be fully serviced before development could occur, including townhouse development would be the only way to make full servicing feasible. On the issue of residential development being allowed in accordance with market demand, Mr. Turner reviewed the information distributed with regard to housing starts in multiple and single-detached housing, townhouses or garden homes; and suggested that the proposal illustrated change due to necessity, his client having gone through two years of hardship trying to market a single-family detached home development, quite unsuccessfully, thereby demonstrating the reality of the times. Mr. Turner apprised Council of changes made in the proposal which would be started with the townhouse portion, comparing it with other townhouse developments in the City and circulating photographs of Manners Sutton Road depicting the mix of old and new, small and large homes; and, with regard to Planning staff being unable to support townhouses at the end of the street even though overall density was not an issue, asked Council to take into consideration in making its decision that, under the existing zoning, the maximum impact the subject property could have in terms of the number of units was twenty-three single-family homes on the peninsula portion of the property alone under the "R-1A" zoning, and five duplex or an additional ten units on the portion of the subject property currently zoned "RS-2", for a development of potentially thirty-three dwelling units, as well as, for example, an office for one or two doctors of medicine or dentistry, in the "RF"-zoned portion of the property. Donald Good of FGA Consultants Ltd. addressed the Traffic Impact Study prepared for the proposed development, as submitted with the above report from the Planning Advisory Committee, which concluded that, from a traffic point of view, the 87-80 COMMON COUNCIL JUNE 15, 1998 existing street network and intersections in the vicinity of the proposed development could accommodate the additional traffic without any significant increase in delays. Mr. Good, referring to photographs and a suggested widening plan in the submitted information, noted the area of Manners Sutton Road where possible re-alignment might take place. Mr. Turner addressed the issue of the possible realignment of Manners Sutton Road, referencing the submitted photographs and street diagram and noting the above-mentioned petition to Council on June 26, 1995 requesting the reconstruction of Manners Sutton Road. Mr. Turner also addressed the submitted information on present minimum floor area requirements for the "R-1A" zone and the minimum ground floor areas specified in the proposed covenants if the development were approved, on the basis that all of the applicant's figures were in excess of the "R-1A" designation and, as this was not something covered under the Townhouse zone requested, it would be appropriate and the owner would look to the City to impose a condition more in keeping with what he would have in his deed covenants thereby giving assurance to the neighbourhood and buyers that, if the development were to move ahead, there were minimum requirements in excess of some of the highest standards in the City. Carl Sherwood of Prudential Property Specialists spoke on the basis of his firm's involvement in listing the subject property for over a year under the proposal for fifteen individual lots and, attempting to market the property in the $300,000 plus range for a house and a lot, finding significant resistance to that; and commented on the trend toward townhouses and condominium-style properties, and mixed developments of a condominium-style becoming more popular. Mr. Sherwood, referring to the submitted information on property assessments in the Manners Sutton Road area, expressed the belief that the minimum list price of properties that would be built in the proposed development, in the range of $175,000, would have a favourable impact on the neighbourhood from a value point of view, both in potential appreciation of value associated with carrying out this development and the social value in giving to those concerned the opportunity to live in the subject area; expressed the opinion that the proposed development was sustainable and would work, and asked Council to be kind with its decision. Mr. Turner, referring to submitted drawings and photographs, advised that the first units would be constructed at a starting price of $176,000 adjacent to a couple of the newer homes at the end of the street; and apprised Council of adjustments recently discussed with the owner in order to respond to some of Planning staff's comments about the housing mix along Manners Sutton Road, which would involve trying to create some blends in architecture by not making all the buildings the same, capturing some of the features of neighbourhood homes, including landscaping characteristics used in the area in order to create a compatible blend with what already existed. Mr. Turner requested Council's approval of the proposed amendments. Messrs. Turner, Sherwood and Good responded to questions in the above regard during which time Councillor Trites expressed concern about not having received documentation to indicate that an in-depth study of the market showed that the proposal could work, and advised that he would like to see some discussion between the proponent and the City to come up with a solidly-proposed mix. Mr. Turner, having taken the opportunity to speak to his client, advised that his client would be willing to look at numbers and more specific layouts in an attempt to respond at the next Council meeting. Mayor McAlary, noting the time of approximately 10:10 o'clock p.m., suggested that the presentations under items 5 and 6 should possibly be rescheduled to another meeting, and asked the Common Clerk to speak to those concerned about a possible rescheduling. During discussion Councillor Chase indicated his intent to propose a motion whereupon the Mayor made the observation that a motion could not be made until the public hearing was finished. The Mayor, having asked for the final time if there were anyone else present who wished to speak in favour of the application, noted that a motion was now in order. Councillor Chase proposed a motion, which was not seconded, to table the application. 87-81 COMMON COUNCIL JUNE 15, 1998 In response to Councillor Trites' request for clarification on whether or not the public hearing was officially over in that Council members had not yet asked questions of staff, Mr. Nugent, having reviewed the proceedings, indicated in the affirmative. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the application of Hughes Surveys & Consultants Ltd., on behalf G.A (Sandy) Robertson, for a Municipal Plan amendment and re-zoning of property 161 and 177-187 Manners Sutton Road, be referred to the City Manager for further consultation with the proponent and a committee of residents of the area as put forth by their solicitor, and a recommendation to Council at the earliest possible convenience. Councillor Vincent advised that he would second the motion if it specified the number, such as five, of residents of the area to meet, and Councillor Trites proposed that it be a committee of residents as put forth by their solicitor. Mr. Nugent, in response to the Mayor, confirmed that Council would be able to ask questions of staff on the requested recommendation and, when that aspect of the process was completed, would be in the position of having to eventually make a decision on whether or not to amend the Plan and re-zone the property. Mr. Totten expressed the understanding that the above motion was requesting the City Manager to look at the opinions of the Planning Advisory Committee and the professional Planning staff, and, with others who have some interest, try to put together a package that might address the concerns of the proponent and the residents, and come back to Council for consideration. Question being taken, the referral motion was carried. Councillor Chase made the observation that, in dealing with the above matter and the matter of Ragged Point Road, it had become evident that the Province of New Brunswick held two large tracts of land in the subject area, and proposed a motion, which was not seconded, that Council give direction to City staff to approach the Province of New Brunswick encouraging it to free up that land for development. The Mayor suggested that Council could work on this at its next meeting. 6. Khalid Malik - Proposal To Replace Rockwood Park Waterslide With New Venture Consideration was given to a letter from Khalid Malik, President of Rockwood Park Waterslides Ltd., advising that he would like to appear before Council to explain his new proposal to replace the waterslide with a new venture; referring to a motion to hear him at the last Council meeting which Council did not support, and to the Court Order against him in that he was not in violation of it at this time and his new proposal called for using part of the facility for the new operation, thus if he complied with the Court Order and take everything out there would be no new proposal; and also advising that he was in the process of dismantling the waterslide and part had already been taken out. Khalid Malik commented in terms of this being his fourth attempt just to get a proper hearing on his request, having started last October, and also on the manner in which he felt he was treated by City staff with respect to his waterslide operation and, upon his reference to Council's consideration of a proposal to erect a statue of the late K.C. Irving in the Loyalist Burial Ground, Councillor Trites, on a point of order, noted that Mr. Malik was before Council to address his proposal. The Mayor asked Mr. Malik to keep to the topic and, during Mr. Malik's subsequent comments and subsequent to her having asked Mr. Malik if he intended to talk about the proposal or if she would have to rule him out of order, advised that he was not to talk about monuments in Loyalist Burial Ground nor about the late Lou Murphy, but about his proposal only. Mr. Malik indicated his intent to say a couple of sentences and then get to his proposal, whereupon he Mayor advised him to either get to his proposal or his presentation would be over. In response to Mr. Malik's reference to his proposal for the City to consider buying the building for the washrooms or buying the tower, the Mayor advised that Council had a copy of his proposal and would send a letter to him in this 87-82 COMMON COUNCIL JUNE 15, 1998 regard and asked if there was anything else on that. Mr. Malik commented on his third proposal to run a U-Fish operation on the subject site as well as on the Court Order against him in that, fully complying with the Court Order, would kill the proposal automatically; and, upon Mr. Malik's confirmation that the U-Fish proposal was the one he had submitted to Council and not allowed to speak on, re-iterated that Council would make a decision and get back to him on it. Mr. Malik commented further on the U-Fish proposal and, in response to questions in this regard, advised that his proposal would involve the use of the swimming pool that was used for the waterslide for the fish pond, plus the basement of the building. The Mayor thanked Mr. Malik for his presentation. 7. Mayor's Remarks Mayor McAlary noted that this week was Hire-A-Student Week in the City of Saint John, as well as the amateur radio operators' special amateur radio field day on June 27 and 28. The Mayor also noted the celebration of National Aboriginal Day on June 21. 8. Tender For Contract 98-6 On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 98-6: Curb Construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $305,099.93, 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. 9. Tender For Contract 98-8 On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 98-8: Cracksealing 1998, be awarded to the low tenderer, Crown Paving Limited, at the tendered price of $15,700, 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. 10. HIP Application #67 Re Centre Street Development On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program application: HIP #67 - Todd and Michelle Nice for an estimated grant of $32,000 for a development on Centre Street. Question being taken, the motion was carried. 11. License Agreement To Rent Boats And Canoes In Rockwood Park Consideration was given to a report from the City Manager advising of the receipt of an unsolicited proposal from B & D Boat Rentals Ltd., represented by Mark Woolsey, to operate a boat rental concession in Rockwood Park; and recommending that the City give to B & D Boat Rentals Ltd. a license for this operation 87-83 COMMON COUNCIL JUNE 15, 1998 upon the terms and conditions as contained in this report. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the City give to B & D Boat Rentals Ltd. a license upon the terms and conditions as contained in the City Manager's submitted report, dated June 15, 1998, to operate a boat rental concession at Lily Lake and Fisher Lakes, and the Mayor and Common Clerk be authorized to execute the license agreement. Question being taken, the motion was carried. 12. Building By-Law Amendment To Adopt 1995 National BuildinQ Code Consideration was given to a report from the City Manager referring to a Building By-Law amendment to adopt the 1995 edition of the National Building Code of Canada, which was given first and second readings by Council on May 4, 1998 at which time it was requested that, prior to considering third reading, the Building Inspector provide a report outlining the nature of the changes between the 1990 edition of the Code and the 1995 edition; outlining the changes contained in the 1995 National Building Code, broadly characterized as housekeeping or administrative changes, provisions to regulate the use of new materials/technology, stricter requirements, and relaxed standards; and advising that the adoption of the 1995 National Building Code would not have any direct financial implications for the City administration, although it would place some additional financial burden on some specific types of construction which would be applied on a uniform basis and, therefore, should not affect any competitive aspects of the trade. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. 14. Planning Advisory Committee BuildinQ Bv-Law Amendment Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and of reports from the City Manager and the City Solicitor previously-considered by Council at its May 4 and May 19, 1998 meetings, respectively, regarding a proposed Building By-Law amendment with regard to the 1995 National Building Code, to which Council gave first and second readings at its May 4 meeting; and recommending that a by-law of the City of Saint John entitled, "By-Law Number C.P. 101 A By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John", enacted by the Common Council of the City of Saint John, the 10th day of December, AD. 1984, be amended by striking out in s.2.2.2 "National Building Code Of Canada 1990 and any amendments made to such Code", and substituting "National Building Code of Canada" . On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the above recommendation of the Planning Advisory Committee be adopted. Question being taken, the motion was carried. 87-84 COMMON COUNCIL JUNE 15, 1998 On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 101-15 A By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John", striking out in s.2.2.2 "National Building Code of Canada 1990 and any amendments made to such Code" and substituting "National Building Code of Canada", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 101-15 A By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 12A. 1997 Motorcoach Market On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager advising that recent statistics released by the Department of Economic Development, Tourism and Culture indicate that the City of Saint John continues to lead the Province in the motorcoach market, and advising of the motorcoach marketplaces in which City staff will participate in 1998 -- be received and filed. Question being taken, the motion was carried. 12B. City Market By-Law Amendment Canada Dav OpeninQ. Julv 1 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-Law Number C-115-15 A By-Law To Amend A By-Law Relating to The Market In The City Of Saint John", with regard to Canada Day opening, July 1, 1998, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C-115-15 A By-Law To Amend A By-Law Relating to The Market In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 13. 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, June 8, 1998, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Common Council authorize the advertisement for the purpose of closing that portion of Rope Walk Road as identified on the submitted plan and, if the subject portion of Rope Walk Road is successfully closed, Common Council authorize the sale of the newly created parcel to 87-85 COMMON COUNCIL JUNE 15, 1998 Wm. P. Dowd & Sons Ltd. for the purchase price of $10,500 + HST and related land transfer fees, and the Mayor and Common Clerk be authorized to execute the necessary documentation. Respectfully submitted, June 15, 1998, (sgd.) Shirley McAlary, Saint John, N.B. C h air man. 13.1. Street Closing By-Law Amendment Re Rope Walk Road And Subsequent Sale On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 15. Alden Legassie/L1oyd Betts Re GarbaQe Collection Fee On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the letter from Alden Legassie and Lloyd Betts making observations with regard to the garbage collection fee -- be referred to the City Manager. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk