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1998-07-13_Minutes 87-106 COMMON COUNCIL JULY 13, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirteenth day of July, A.D. 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. P. Woods, Deputy City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; S. Lodhi, Manager of Real Estate and Facility Management; R. Pollock, Planner; G. Tait, 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 offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that minutes of the meetings of Common Council, held on Monday, June 29, 1998, and Thursday, July 2, 1998, be approved. Question being taken, the motion was carried. 3(a) Zoning By-Law Amendment To Re-Zone 258 Tower Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 258 Tower Street (NBGIC Number 364604), having approximately 16 metres (50 feet) of street frontage along Tower Street and a total area of approximately 483 square metres (5,200 square feet), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, to place the use of the property as a four-unit dwelling into a zone category that reflects the existing use of the property, as requested by William L. Kaine, 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 a letter in favour of the above application considered at the Committee's July 7 meeting at which the applicant stated he was in agreement with staff's recommendation; and recommending that Common Council re-zone a parcel of land with approximately 16 metres (50 feet) of street frontage along Tower Street, having a total area of approximately 483 square metres (5,200 square feet), also identified as NBGIC Number 364604, from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 258 Tower Street (NBGIC Number 364604), having approximately 16 metres (50 87-107 COMMON COUNCIL JULY 13, 1998 feet) of street frontage along Tower Street and a total area of approximately 483 square metres (5,200 square feet), 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 Desmond Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 258 Tower Street (NBGIC Number 364604), having approximately 16 metres (50 feet) of street frontage along Tower Street and a total area of approximately 483 square metres (5,200 square feet), 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 Trites Seconded by Councillor Ball RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-Law Amendment To Re-Zone 51 Courtenay Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 51 Courtenay Avenue (NBGIC Number 314823), having approximately 12.6 metres (41 feet) of street frontage along Courtenay Avenue that is adjacent to, and to the west of, Courtenay Avenue Gospel Hall, and a total area of approximately 350 square meters (3,767 square feet), from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional classification, to expand the Courtenay Avenue Gospel Hall by constructing an addition, measuring approximately 9.1 metres (30 feet) by 12.2 metres (40 feet), as requested by Roger B. Cote, 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 July 7 meeting at which a representative of the applicant appeared in support of staff's recommendation to approve the re-zoning application; and recommending that Common Council re-zone a parcel of land at 51 Courtenay Avenue, with approximately 12.6 metres (41 feet) of street frontage along Courtenay Avenue that is adjacent to, and to the west of, Courtenay Avenue Gospel Hall, having a total area of approximately 350 square metres (3,767 square feet), also identified as NBGIC Number 314823, from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional classification. On motion of Councillor Court Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 51 Courtenay Avenue (NBGIC Number 314823), with approximately 12.6 87-108 COMMON COUNCIL JULY 13, 1998 metres (41 feet) of street frontage along Courtenay Avenue that is adjacent to, and to the west of, Courtenay Avenue Gospel Hall, having a total area of approximately 350 square metres (3,767 square feet), from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional 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 Trites Seconded by Councillor Court RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 51 Courtenay Avenue (NBGIC Number 314823), with approximately 12.6 metres (41 feet) of street frontage along Courtenay Avenue that is adjacent to, and to the west of, Courtenay Avenue Gospel Hall, having a total area of approximately 350 square metres (3,767 square feet), from "R-2" One- and Two-Family Residential to "IL- 1" Neighbourhood Institutional 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 Trites Seconded by Councillor Fitzpatrick RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 5(a) Zoning By-Law Amendment To Re-Zone 8-14 Simpson Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 8-14 Simpson Drive (NBGIC Numbers 300384 and 55066666), having a frontage of approximately 315 feet on Simpson Drive and approximately 130 feet on Golden Grove Road and an area of approximately 31,000 square feet, from "R-1 B" One-Family Residential to "B-2" General Business classification, to permit the development of a multi-bay self-serve car wash facility, as requested by Floyd Williston, and no written objections were received in this regard. 5{a) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and two letters in opposition to the above proposal considered at the Committee's July 7 meeting at which Michael Wirvin attended on behalf of the applicant and expressed agreement with the staff recommendation, and Mrs. Jean Urquhart addressed the Committee in opposition to the proposal; and recommending that Common Council re-zone a parcel of land located at 8-14 Simpson Drive, having a frontage of approximately 315 feet on Simpson Drive and approximately 130 feet on Golden Grove Road, and an area of approximately 31,000 square feet, also identified as NBGIC Numbers 300384 and 55066666, from "R-1 B" One-Family Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the developer must pave all parking areas, loading areas, vehicle manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and to facilitate proper drainage; (b) adequate site drainage facilities must be provided by the 87-109 COMMON COUNCIL JULY 13, 1998 developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer; (c) the developer must landscape all areas of the site not occupied by buildings, driveways, and walkways, parking or loading areas, and the landscaping must extend onto the City street rights-of-way to the edge of the City sidewalk on Golden Grove Road and to the edge of the travelled road on Simpson Drive; (d) the total maximum floor area of all buildings on the site must not exceed 5,000 square feet; (e) the height of any free-standing sign shall not exceed 7.5 metres (25 feet); (f) the site shall not be developed except in accordance with a detailed site plan and building elevation plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location, design and exterior materials of all buildings, the location and treatment of parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above, and no building permit will be endorsed by the Development Officer (except site preparation and foundation) until the required site plan is approved and such site plan will be attached to the building permit for the development; and (g) all site improvements as shown on the approved site and drainage plans must be completed within one year of building permit approval. Jean Urquhart of 20 Dutch Garden Lane appeared in opposition to the proposed re-zoning because the property concerned was directly in the flood plain area and the proposed development would add water to the area, and also that, before anything else was allowed in the area, something should be done to fix the flooding problem; and asked where the drainage for the excess water would go, what products would be used for the car wash and what would be done to prevent, when the area flooded, the soap from going directly onto properties. The Mayor noted Council's recent tabling of a re-zoning application for a report from staff on water displacement and such, as well as the recent Council resolution for work in the flood risk area. Michael Wirvin, speaking on behalf of the applicant Floyd Williston in support of the application, made the observation that the proposed development would be considerably smaller than the proposed strip shopping plaza development on McAllister Drive which Council recently tabled, and Mr. Williston currently had the ability to comply with the Flood Risk Area By-Law in terms of flood water displacement, and circulated a plan showing Mr. Williston's property on Ashburn Road which would be used in the latter regard, as well as a photograph depicting the type of development proposed, and the landscape plan proposed for the subject property. Mr. Wirvin advised that, if the application was passed permitting the re-zoning, Mr. Williston would and could comply with either the traditional method of flood water displacement or a new method of payment in lieu of removal of property; and noted the recommended Section 39 condition for site drainage facilities in response to the concern about drainage. Mr. Williston also advised that the proposed facility would be state of the art with no soap going into the land but all controlled by separators so as not to go into the environment and any water going into the environment would be through drainage facilities. Mr. Wirvin noted that the Planning staff's report was positive, and also noted the variety of property uses in the neighbourhood in question which, he suggested, could be further enhanced, from a tax perspective, by the development of new areas; and asked Council to adopt the recommendations of staff and the Planning Advisory Committee that the application be permitted, in compliance with the conditions and a statement that the applicant would comply with any by-law, be it current or future. On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that the application of Floyd Williston for the re-zoning of property at 8-14 Simpson Drive be laid on the table pending a report from staff. Question being taken, the tabling motion was carried. 6. Barbara Munroe - Extension Of Water Services To RaQQed Point Road Barbara Munroe of 469 Ragged Point Road, appearing before Council 87 -110 COMMON COUNCIL JULY 13, 1998 on the matter of the extension of water services to Ragged Point Road, advised of water problems experienced by the majority of residents on Ragged Point Road ranging from salt content, no water, lack of water and muddy water; and referenced her previous presentations to Council, letters, and meetings with the City Manager, the Mayor, MPs, MLAs, and Environment Ministers. Referring to a petition from property owners on Ragged Point Road (copies of which were distributed to Council members at this meeting) advising that they would like to have water and sewerage or water extended to the end of Ragged Point Road because of existing water problems, Ms. Munroe made the observation that the majority of Ragged Point Road residents were in favour of services being extended down the Road, as shown on the colour-coded map of the area submitted with the petition which indicated that, of a total of sixty-eight landowners, fifty-eight signed in favour of the petition, five were against the petition, two property owners were undecided, and there were three properties for which the owners were not known; and noted the number of residents present at this meeting. Ms. Munroe also advised of concern among the residents about septic tanks and leakage and also that, to date, she had not heard further about a community well which was suggested during her meeting with members of City staff in April, although Mr. Groody had made arrangements for Ragged Point Road residents to get water from a hose set up outside the City depot on Boars Head Road and indicated that, during the winter months, something would be set up inside. Ms. Munroe apprised Council of a meeting on July 13 with Environment Minister Gene Devereux, MLA Leo McAdam, and Councillors Chase and Desmond; and asked if a councillor would make a motion that the extension of services down Ragged Point Road be included in the 1999 capital budget or, failing that, a motion that this project of extending much-needed municipal services the length of Ragged Point Road be a priority and instruct staff to begin discussions with the Environment Department so this project can be done in the year 2000. During discussion Mr. Groody advised that, although he had nothing to report at this time on the issue of a community well, staff was following-up on that discussion with Ms. Munroe, and noted that one of the things the City was trying to determine through the water strategy was the provision of guidelines for the extension of water services around the whole community as, being aware of Ms. Munroe's situation, there were a number of other situations around the City that would like to have City water services extended as well. Councillor Vincent proposed a motion, which was seconded by Deputy Mayor Chase, that Council go on record as having a committee of staff or elected officials commence discussions with the Department of Environment to see what types of offers or proposals the Minister might have in mind and report back to open session of Council in three weeks, and the mover and seconder agreed to add, at Councillor Desmond's request, the Department of Supply and Services to the motion. On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that a committee of staff or elected officials commence discussions with the Department of the Environment and the Department of Supply and Services on what Provincial offers or proposals may be available in the above regard and report to open session of Council in three weeks. The Mayor advised that this matter would also be considered when Council discusses its priorities, probably within the next month. Question being taken, the motion was carried. 8. 1997 Cost & Methods Of Operations GarbaQe Collection & Waste Disposal Read a letter from Councillor Chase noting that the responsibilities associated with his appointment to the Fundy Region Solid Waste Commission would no doubt be challenging, particularly as Council struggles with the issues and costs of managing citizens' garbage collection; and asking that, as a means to this end, Council consider a motion that would direct the City Manager to provide Council with a detailed analysis on the 1997 cost and methods of operations for garbage collection and waste disposal. 87 -111 COMMON COUNCIL JULY 13, 1998 On motion of Deputy Mayor Chase Seconded by Councillor Desmond RESOLVED that the City Manager be directed to provide Council with a detailed analysis on the 1997 cost and methods of operations for garbage collection and waste disposal. Question being taken, the motion was carried. 9. Re Kennebecasis Rowing Club FundinQ For Renforth ReQatta On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council approve the payment of $4,000 from the L.R. Ross Fund to the Kennebecasis Rowing Club to be used as noted in the Club's letter to Council on June 29, 1998. Question being taken, the motion was carried. 10. Re September 2, 1997 Resolution For Expropriation Proceedings To Acquire Easement On MarlborouQh Avenue Read a report from the City Manager advising that, further to Common Council resolution of September 2, 1997 authorizing the commencement of expropriation proceedings to acquire from the owner(s) of lands on Marlborough Avenue an easement to provide municipal services, the owner, Clearview Mobile Homes Ltd. and staff have negotiated terms of settlement acceptable to Clearview Mobile Homes Ltd., which is being recommended to Council at this time. On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council authorize (a) the acquisition from Clearview Mobile Homes Ltd. of an easement and rights to construct, alter, maintain, inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works in, through and over 430 square metres of land (PID Number 55010250) on Marlborough Avenue; and (b) the City pay to Clearview Mobile Homes Ltd. the sum of $10,500 for the easement and for any other claim that Clearview Mobile Homes Ltd. had, has or may have against the City with respect to the expropriation proceedings authorized by Common Council on September 2, 1997. Question being taken, the motion was carried. 11. Tender For Contract 98-2 On motion of Councillor Court Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 98-2, Little River Reservoir Pumping/Meter Station - 1050 mm By-Pass Piping, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $166,280, 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. 87 -112 COMMON COUNCIL JULY 13, 1998 12. Design & Construction Management Kennebecasis Drive SeweraQe System On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the proposal of Crandall Engineering Ltd. be accepted for engineering services (design and construction management) for the Kennebecasis Drive sewerage system, and the Mayor and Common Clerk be authorized to execute the appropriate contract documentation. Question being taken, the motion was carried. 13. Establishment Change Municipal Operations On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council amend the Establishment for Municipal Operations as follows: reduce the number of Mechanic positions from seventeen (17) to fifteen (15); and increase the number of Tradesman Helper positions from three (3) to five (5). (Councillor Vincent withdrew from the meeting.) Question being taken, the motion was carried. 14. Collapsed Outfall - LonQ Wharf Consideration was given to a report from the City Manager advising that, further to the update report to Committee of the Whole on May 4 about a problem which developed over the Easter weekend with a sewer outfall at Long Wharf, the cost of work done to date has amounted to $73,000 and the cost of work required to effect final repair is estimated at approximately $182,300, for a total cost of approximately $255,300. On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council authorize the expenditure of $255,300 from the 1998 Water & Sewerage Capital Program for the excavation, design and restoration of the collapsed sewer outfall and of the deteriorated sewer manhole at Long Wharf, with the understanding that staff will return to Council later in the year with necessary recommendations for revision of the 1998 Capital Program. (Councillor Vincent re-entered the meeting.) Question being taken, the motion was carried. 15. Re Waterslide Site In Rockwood Park Consideration was given to a report from the City Manager advising that, further to the Order of the Court of Queen's Bench directing Rockwood Park Waterslides Ltd. to remove its structures from the site in Rockwood Park previously occupied by the Company under license from the City, the Company did not meet the deadline, although by June 29 its activity had resulted in the canteen building alone 87 -113 COMMON COUNCIL JULY 13, 1998 remaining on the site; also advising that, subsequent to Common Council resolution of June 29, 1998 rejecting Rockwood Park Waterslides Ltd.'s request that Council permit the canteen building to remain on the site until August 15, the Purchasing Agent sought bids to demolish and remove the structure; however, as the Company in the meantime has begun demolishing the canteen, potential bidders have advised that this makes it impracticable to submit a firm bid; and recommending, as a result, that Council authorize the City Manager to expend up to $7,500 to achieve the demolition of any structures remaining at the site and to landscape it, all in accordance with the terms of the April 3, 1998 Court Order. On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, the City Manager be authorized to expend up to $7,500 to effect the demolition and disposal of any structures remaining on the portion of Rockwood Park formerly licensed to Rockwood Park Waterslides Ltd. as well as the landscaping of that area to the satisfaction of the Commissioner of Community Services for the City, all in accordance with the terms of an Order issued by the Court of Queen's Bench on April 3, 1998. Mr. Nugent addressed the question of why the above expenditure could not have been covered under the City Manager's spending authority without having come to Council, as well as the practice of calling for public tenders as the process most defensible when the question was asked by the court or by the person from whom the City would be seeking recovery if more was expended than necessary; and advised that, in this particular case, there was the rather unusual circumstance that, while the former licensee had not done the work on time, the Company was nonetheless doing the work on a continuing basis and the public tendering process did really not function well at all because the bidders indicated they could not give a bid one day knowing there would be less to remove the next day. Councillor Titus suggested that, if the situation was changing almost on a daily basis with the Company tearing down and fixing up, the City should give the Company some time and the City may not have to expend anything on it. Mr. Woods advised that, as long as Company owner continued his efforts to clean up the site and to take remedial action with respect to any damage that had taken place, it would not be the intention to spend any money and it would only be in the event that the owner ceased all activity and left something that the City would have to go in and clean up. Councillor Titus made the suggestion that, if there was no danger presented by that, Council should deal with the issue at such time when the owner was finished cleaning it up and staff came back with a concrete figure. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried with Councillor Titus voting "nay". 16. Zoning By-Law Amendment To Re-Zone 1832 ManawaQonish Road On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-471 A Law To Amend The By-Law Of The City Of Saint John", insofar as it concerns re-zoning (a) approximately 7060 square metres (75,996 square feet) of land at 1832 Manawagonish Road, identified as NBGIC Numbers 55024152 and 55114037(portion thereof), from "B-2" General Business and "R-1A" One-Family Residential to "TH" Townhouse classification; and (b) approximately 588 square metres (6,329 square feet) of land at 1832 Manawagonish Road, identified as NBGIC Number 55024152 (portion thereof), from "B-2" General Business to "R-1A" One-Family Residential classification: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the re-zoning of the property identified as NBGIC Numbers 55024152 and 55114037(portion thereof) be subject to conditions that would require the subject area 87 -114 COMMON COUNCIL JULY 13, 1998 to be developed in accordance with a detailed site plan showing a landscaping berm with 1.5-metre (5-foot) high cedar trees spaced 1.2 metres (4 feet) apart and a solid cedar hedge along the western and northern property boundaries as illustrated on the submitted concept plan. The by-law entitled, "By-Law Number C.P. 100-471 A Law To Amend The By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 17. 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 29, 1998, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely:- 1. That the City Solicitor or his designate is hereby authorized to make application to the Provincial Legislature for amendments to the Harbour Station Commission Act which would: (a) reduce from seven to four the number of Commission members to be appointed by Common Council; (b) confer upon Grand Bay-Westfield, Rothesay and Quispamsis the right to each appoint one member to the Commission; (c) permit those latter municipalities the right to remove their respective appointees on the same grounds as apply to the City; and (d) permit each of those municipalities the right to fill a vacancy arising during the term of their member: AND FURTHER that conditional upon the City's obtaining the consent of the Minister of Education to the elimination of his right to appoint a member of the Saint John Aquatic Centre Commission, the City Solicitor or his designate is hereby authorized to make application to the Provincial Legislature for amendments to the Saint John Aquatic Centre Commission Act which would: (a) reduce from five to three the number of Commission members to be appointed by Common Council; (B) eliminate the right of the Minister of Education to make an appointment to the Commission; (c) confer upon Grand Bay-Westfield, Rothesay and Quispamsis the right to each appoint one member to the Commission; (d) permit those three municipalities the right to approve their respective appointees on the same grounds as apply to the City; and (e) permit each of those three municipalities the right to fill a vacancy arising during the term of their respective members: AND FURTHER that the City Manager is hereby directed to seek from the Provincial Minister of Education his consent to an application to the Legislature which would amend the Saint John Aquatic Centre Commission Act so as to eliminate the Minister's right to appoint one member to the Saint John Aquatic Centre Commission. July 13, 1998, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 17.1. Amendments To Harbour Station And Aquatic Centre Commissions' LeQislation On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the above report be 87 -115 COMMON COUNCIL JULY 13, 1998 received and filed and the recommendation therein be adopted. The Mayor asked for clarification on the number of Aquatic Centre Commission members Common Council would appoint in that she understood that the Director of Recreation and Parks was to be referenced in the resolution, whereupon the mover of the motion proposed that the motion be amended accordingly. Mr. Nugent clarified that, under the current legislation, Council appointed five members and by virtue of the legislation the City's Director of Recreation and Parks was a member of the Commission, and the proposed amendment would provide for Council to appoint three people to serve as members and the Director of Recreation and Parks would also be a member, thus there would be four people who would be members of the Commission and Council would have control of whom those four people were. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 18. Planning Advisory Committee Subdivision 1832 ManawaQonish Road On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to one or more subdivision plans for 1832 Manawagonish Road, in one or more phases, for the proposed development of thirteen (13) one-storey townhouse units on a private street, and also to any required services and public utility easements; and (2) authorize the preparation and execution of one or more subdivision agreements to ensure the provision of the required work, including drainage and site plans for the approval of the Chief City Engineer. Question being taken, the motion was carried. 19. Grandview Avenue Home And School Association - Re PlaYQround FundinQ On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the letter from the Grandview Avenue Home and School Association submitting information on equipment proposed and a playground plan outlining the location of each piece of equipment for a playground at the Grandview Avenue School, and asking the City to match the amount of $12,138.63 raised to date by the Association -- be received and filed and the requested funding be provided from the Land for Public Purposes fund. Councillor Desmond asked if the Association had approached the Province of New Brunswick, the property owner, for assistance in the above regard, and the Mayor noted the need for a two-thirds majority affirmative vote of Council in order to hear from a member of the delegation present at the meeting. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that a representative of the Grandview Avenue Home and School Association be invited to address Council at this time in the above regard. Question being taken, the motion was carried. Ellen Waye, Vice President of the Grandview Avenue Home and School Association, advised of the approach to the School District in regard to land use at which time it was reassured there was no funding, although there was no written request made to the Department of Education. 87 -116 COMMON COUNCIL JULY 13, 1998 Councillor Fitzpatrick expressed concern about setting a precedent by by-passing City staff from whom Council would normally get a report; and, further to Mr. Butler's indication that quite often the City would actually issue a purchase order for the equipment at a benefit to the Association in terms of HST, Councillor Trites asked if the motion could be made subject to the City making the actual equipment purchase in order to take advantage of the tax benefit. Mr. Butler advised that City staff would ensure that any equipment ordered would meet the City's specifications, that it was installed properly and that the money was to a level approved by Council; and Mr. Nugent made the observation that it would be necessary that money be made available on condition that the City received written authorization from an appropriate officer of the Province that the use of the playground was available to the public, and that the letter submitted with the above correspondence from the Superintendent of School Districts 6 & 8 fell something short, being simply approval regarding the proposed expansion of the playground, as the City would need to be assured that, on an indefinite ongoing basis, the public would have the right to use that playground. Question being taken, the motion was carried. 20. Judith Meinert - June 29, 1998 Council Resolution Re Portable Structure In KinQ's Square On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from Judith Meinert asking Council to rescind its June 29, 1998 resolution dealing with Carolyn McNulty's request for permission to continue her vigil in support of the Vasquez family in a portable structure in King's Square -- be received and filed. Question being taken, the motion was carried. 21. John E.B. Taylor - Request For Removal Of 147 DouQlas Avenue From HeritaQe DesiQnation On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the letter from John E.B. Taylor explaining the reason for his request that the residence at 147 Douglas Avenue be removed from its heritage designation -- be referred to the Preservation Review Board for a report and recommendation. Question being taken, the motion was carried. 22. YMCA-YWCA Of Saint John - Request To Extend AQreement For Use Of Market Slip Area On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the YMCA- YWCA of Saint John requesting to extend the terms of its agreement with the City for the former decorative pool area at Market Slip for the use of volleyball on the Boardwalk -- be referred to the City Manager. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. 23. Glenn Carpenter - Re-Zoning Of 2483 Westfield Road On motion of Councillor Trites 87 -117 COMMON COUNCIL JULY 13, 1998 Seconded by Councillor Fitzpatrick RESOLVED that the application of Glenn Carpenter for the re-zoning of property at 2483 Westfield 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, August 24, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 24. The Hardman Group Limited Acting As Agents For Market Square Leaseholds Ltd. Re Use Of Boardwalk For Buskers Festival On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from The Hardman Group Limited Acting as Agents for Market Square Leaseholds Ltd. requesting the use of the Market Square Boardwalk area for the Buskers Uptown Festival from July 24 to 26 -- be received and Council accede to the request and wish them well. Question being taken, the motion was carried. 25. Eric L. Teed Re Emplovment Situation On motion of Councillor Trites Seconded by Councillor White RESOLVED that the letter from Eric L. Teed setting out a synopsis of the submitted analysis of the employment situation in Saint John, based on businesses with over twenty-five employees; and suggesting that Council could be involved by giving direction that the appropriate civic department or other appropriate authority endeavour to make a more comprehensive statistical analysis of the businesses in the City and, in particular, that small business be included in such an analysis so that there may be a greater public awareness and pride in the fact that Saint John is the commercial centre of New Brunswick, leading in health, manufacturing, education and other types of services in which the people are employed -- be received and filed with thanks. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. Adiournment On motion of Councillor Trites Seconded by Councillor White RESOLVED that this meeting be adjourned followed by a Committee of the Whole meeting of Council. Question being taken, the motion was carried. Common Clerk