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1998-08-10_Minutes 87-134 COMMON COUNCIL AUGUST 10,1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of August, AD. 1998, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, 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; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; W. Edwards, Building Inspector; 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 Vincent RESOLVED that minutes of the meeting of Common Council, held on July 27, 1998, be approved. Question being taken, the motion was carried. 26(a) Amendment To Section 39 Conditions Re-ZoninQ Of 1714-1716 Rothesay Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the July 22, 1985 re-zoning of the property located at 1714-1716 Rothesay Road (NBGIC Number 55121677), on which the present conditions limit it to be used as a custom furniture manufacturing shop and a photography studio, to permit a revised proposal to permit the site to be used for a variety of local commercial uses, including a bakery, barber and/or beauty salon, retail store, business office, restaurant and/or take- out restaurant, service shop, produce and/or ice cream shop and delicatessen, as requested by Wayne Northrup - Family Enterprises Ltd., and no written objections were received in this regard. 26{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 August 4 meeting at which Wayne Northrup expressed agreement with the staff recommendation; and recommending that Common Council amend the Section 39 conditions imposed on the July 22, 1985 re-zoning of the property located at 1714- 1716 Rothesay Road (NBGIC Number 55121677), to read as set out herein. 87-135 COMMON COUNCIL AUGUST 10,1998 On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the July 22, 1985 re-zoning of the property located at 1714-1716 Rothesay Road (NBGIC Number 55121677), to read as follows: (a) the use of the property is limited to the following uses: a bakery, barber and/or beauty salon, retail store, business office, restaurant and/or take-out restaurant, service shop, produce and/or ice cream shop, a photography studio and/or the manufacture of custom furniture; (b) the hours of operation for any custom furniture manufacturing business are 8:00 a.m. to 4:30 p.m.; (c) there shall be no outside storage of materials; (d) all signs must comply with the provisions of the Zoning By-Law for signs in a "B-1" Local Business zone, unless a variance is granted by the Planning Advisory Committee; (e) all changes of use are subject to the approval of the N.B. Department of Health with respect to on-site services or, alternatively, the property must be connected to municipal sewers; and (f) the existing gravel parking area and driveway, between the street and the front building line, must be paved with asphalt by October 31, 1998. Question being taken, the motion was carried. 27(a) Zoning By-Law Amendment To Re-Zone 13 Properties "US" The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the following properties to "US" Utility and Service classification: (a) Loch Lomond Garage located between St. Martins and Garnett Settlement Roads, from "P" Park; (b) Renforth Garage located along the Saint John Throughway, from "RF" Rural and "RS-2" One- and Two-Family Suburban Residential; (c) NBTel Building at 1495 Loch Lomond Road, from "RS-2" One- and Two-Family Suburban Residential; (d) NBTel Tower located near Spruce Lake off Highway No.1, from "P" Park; (e) NBTel Tower located at 935 Sandy Point Road, from "P" Park; (f) Cranston Avenue Substation located at 276 Somerset Street, from "R-2" One- and Two-Family Residential; (g) Dever Road Substation located at 861 Dever Road, from "R-1A" One-Family Residential; (h) Elliott Row Substation located at 155 Elliott Row, from "RM-1 F" Multiple Residentiallnfill; (i) Rothesay Road Substation located at 1050 Rothesay Road, from "RS-2" One- and Two-Family Suburban Residential; U) Millidge Avenue Substation located at 481 Millidge Avenue, from "R-1 B" One-Family Residential; (k) Hickey Road Substation located at 1510 Hickey Road, from "RS-2" One- and Two-Family Suburban Residential; (I) Manawagonish Road Substation located at 1880 Manawagonish Road, from "RF" Rural and "B-2" General Business; and (m) Charlotte Street Power Commission located at 239 Charlotte Street, from "B-2" General Business and "RM-1 F" Multiple Residentiallnfill, to place the facilities in a zone classification that reflects the present use of the properties, as requested by the City of Saint John, and 27{c) a letter was received from the Saint John Horticultural Association objecting to the proposed re-zoning of the property at 935 Sandy Point Road. 27{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and letters considered by the Committee; advising that residents adjacent to the Somerset Street (Cranston Avenue) Substation addressed the Committee in opposition to the proposal and, after considerable discussion, the Committee felt that each individual site should be considered on a case-by-case basis when potential expansion plans were clear; and recommending that the proposed re-zoning be denied. Martina Shannon of 16 Kiwanis Court, appearing in opposition, advised that her primary concern was the property designated as 276 Somerset Street, in that, while the large metallic containers on the property have historically been of concern in this residential area, to have it re-zoned from an "R-2" to a Utility and Service classification would allow a lot of leeway to anyone in the future to use this property for many items other than an electrical substation, and also its possible resale in the future, if it were allocated as Utility and Service, could result in twenty percent of the property 87-136 COMMON COUNCIL AUGUST 10,1998 being used for an approximately 85 by 65 foot three-storey building on one of the highest places in the North End. Ms. Shannon expressed concern that the traffic flow would be increased in this area which already has two busy corners - Thornborough and Somerset and Thornborough and Cranston, and she has been unable to find out exactly, other than a housekeeping matter, why this property would be re-zoned at this particular time and has asked if a blueprint or model were available so as to have an idea of the size and increased usage of the present property. Ms. Shannon questioned why, with so much vacant land available in the North End, the use of this particular property has to be increased at this time; and confirmed that she was representing residents of Kiwanis Court, adjacent to the property at 276 Somerset Street. Kevin Murphy of 113 Brookview Crescent advised that he was present at the meeting with two neighbours who also border on one of the properties being considered for re-zoning and, while they believed there was no motive other than housekeeping in the matter of the re-zoning, the implications of such a re-zoning would be very serious to the neighbours for future changes to the use of the property in that their concerns were more or less what would become of the property and would it ever revert to the use that surrounds it or would it change; improper storage of, possibly, PCBs; and a use that would not be consistent with what they were accustomed to now. Mr. Murphy also advised that they would like to have an input and say, in the future, if someone has a real plan, a real design and a real use in mind for changing, expanding or altering the property, and do not want to give a blanket re-zoning for housekeeping so that it all looks the same on the zoning map for administrative neatness. In response to questions, Mr. Murphy expressed the understanding from comments made by staff at the Planning Advisory Committee meeting that Section 39 conditions could not be attached to the proposed re-zoning as no one, such as NBTel or Saint John Energy, was actually applying for re-zoning; and confirmed that his request was for Council to support the Planning Advisory Committee's report. Eric Teed, President of the Saint John Horticultural Association, appeared in opposition to the proposed re-zoning; and advised that, although he did not know what the Planning Advisory Committee recommended, he would be satisfied if it recommended from the proposed re-zoning the deletion of section (e) dealing with 935 Sandy Point Road, whereupon the Mayor noted both the staff and Committee recommendations. Mr. Teed expressed the understanding that, if the properties were re-zoned as requested by staff, there would be no limit on what could be done on the properties; in other words, what was there now would not necessarily stay; and advised that, if the recommendation is to re-zone none, he had no further questions. Richard Burpee, General Manager of The Power Commission of the City of Saint John, addressed Council in support of the proposed re-zoning, noting that Planning staff initiated the re-zoning process for eight of the Commission's properties and there was some discussion by adjacent property owners at the Planning Advisory Committee's meeting regarding what the Commission's future plans were for some of the substation sites; and reviewed the Commission's future plans for the Cranston Avenue Substation, referring to a computer-generated drawing (copies of which were distributed to Council members at this time), the Dever Road Substation, the Crown Street Substation on Elliott Row, the Brookville Substation on Rothesay Road, the Millidge Avenue Substation, the Lakewood Substation on Hickey Road, the Manawagonish Road Substation and the Saint John Power Commission's head office and garage on Charlotte Street. Mr. Burpee addressed the issue of PCB storage at the Cranston Avenue Substation, and the proposed reduction in size of the Dever Road Substation. Mr. Burpee, in response to questions, advised that, in view of the Commission's present plans as reviewed, the Cranston Avenue Substation was the only one of the above properties the Commission needed re-zoned to the "US" classification, although it would not cause difficulty to Saint John Energy's operation if its properties were dealt with, should the need arise, on a case-by-case basis. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the 87 -137 COMMON COUNCIL AUGUST 10,1998 Planning Advisory Committee, the above-proposed re-zoning be denied. On the question of re-application, Mr. Baird expressed the understanding that, when an application was made and denied, the applicant was prevented from reintroducing the same application, unless there were substantial changes, for a one- year period, and suggested that the City Solicitor could address the situation, as in this particular instance, when Planning staff had initiated the re-zoning and the applicant would be different in the next instance; and he addressed the issue of non-conforming use of the subject properties in terms of expansion and confirmed that, as the City initiated the re-zoning, Section 39 conditions could not be imposed. Mr. Nugent advised that, while he knew there was a restriction on successive applications for re-zoning of a particular piece of property, he would need to review the language of the Zoning By- Law to offer an opinion on its effect on this particular arrangement; and also advised that Council, within its mandate, had the right to determine whether something was a different application from the one before it, although Council's decision was always subject to review. Question being taken, the motion was carried. On motion of Councillor Ball Seconded by Councillor White RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. (Councillor Chase withdrew from the meeting.) 28. Street Closing By-Law Amendment Portions Of Bell Manor Drive The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-Law amendment to stop up and closed portions of Bell Manor Drive, and no written objections were received in this regard. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to closing portions of Bell Manor Drive, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to closing portions of Bell Manor Drive, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". 87-138 COMMON COUNCIL AUGUST 10,1998 On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. (Councillor Chase re-entered the meeting.) 3. Mayor's Remarks Mayor McAlary advised that, with the hot dry summer, some difficulty was being experienced in maintaining a constant supply of water, such as in the Kennebecasis Drive-Westmount area and Red Head-Harbour View Subdivision, and, as this was a delivery problem rather than a water shortage and the pumps were working excessively to maintain service to the higher-elevated areas of the City and additional loads on the system could cause some breakdowns, asked citizens to refrain from washing their vehicles and watering their lawns on a constant basis and to restrict lawn watering to every three or four days early in the morning or late in the evening rather than the middle of the day. (Councillor Vincent withdrew from the meeting.) The Mayor asked citizens to continue their efforts to keep the City clean; and asked businesses in the City to give a fair American exchange rate to tourists. The Mayor commented on the Police Force's efforts with regard to the problem of motorcycles on the boardwalk at Market Square and with a group of young people in the City referred to as "squeegee kids" who were being a nuisance on the streets, the latter to whom she asked citizens not to give money. The Mayor advised that Police Chief Cogswell would be honoured for his outstanding work with the young people in the community at the forthcoming 3rd Annual Thomas J. Higgins Award Dinner on September 3. * Added Items The Mayor asked for a motion to add to the agenda of this meeting an item from Committee of the Whole earlier this date on lands in Glen Falls. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the above-mentioned item be added to the agenda for consideration at this meeting as item 15A. Question being taken, the motion was carried. The Mayor asked for a motion to add to the agenda of this meeting a proposed Zoning By-Law amendment to re-zone the property at 8-14 Simpson Drive, which was tabled following the public hearing at the July 13, 1998 Common Council meeting. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the proposed re-zoning of 8-14 Simpson Drive be taken from the table and added to the agenda for consideration at this meeting as item 15B. Question being taken, the motion was carried. Councillor Trites, Chairman for the Labatt Lite 24-Hour Relay, commented on the Relay held at Rockwood Park on August 8; and Deputy Mayor Chase recognized the Mayor's efforts in the release of the Vasquez family. 87 -139 COMMON COUNCIL AUGUST 10,1998 4. Re Designation Of Ready Street As Truck Route Consideration was given to a letter from Mayor McAlary referring to Deputy Mayor Chase's letter to the last Committee of the Whole meeting on Harding Street West at which Mr. Earle and Mr. Hayward spoke on related difficulties they encounter on a daily basis as a result of this Street being used as a truck route; and also referring to Councillor Court's suggestion to her to have Ready Street designated as a truck route, instead of using Harding Street, which would require an amendment to the Traffic By-Law in order to allow this temporary change until Council has the results of the Transportation Study which will be completed the end of 1998. Councillor Court advised of his findings on the issue of truck traffic on Harding Street West, on which there are twenty-six houses, one apartment building and three businesses, based on information provided him by Mr. Earle, his observation in this regard during a recent visit to Mr. Earle's residence, and by following a truck which went off the off ramp at Paradise Row, travelled down Chesley Drive on to Harding Street and then back on the Throughway in an apparent effort to avoid the toll on the Harbour Bridge. Councillor Court suggested a temporary fix to the situation by designating Ready Street, which has eleven houses and eight businesses and already has truck traffic, as a truck route. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", to delete Harding Street West as a truck route and designate Ready Street as a truck route, be read a first time. During discussion Mr. Groody advised that, as there were concerns about using Ready Street as a truck route, staff would like the opportunity to advise Council accordingly before a final decision was made as the long-term solution was the reconfiguration of Simms Corner and using Raynes Avenue and Fairville Boulevard as a truck route and this was expected to be one of the high-priority recommendations of the Transportation Study. The Mayor suggested that, as the proposed amendment would have to be referred to the Legal Department prior to third reading, staff could submit a report at the time of third reading. Councillor Titus advised that he would not support the motion on the basis that it was not fair to the residents on Ready Street and Council should maintain the status quo until the report was received from the Transportation Study. Question being taken, the motion was carried with Councillor Titus voting "nay". Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", to delete Harding Street West as a truck route and designate Ready Street as a truck route, be read a second time. Question being taken, the motion was carried with Councillor Titus voting "nay". Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of 87-140 COMMON COUNCIL AUGUST 10,1998 The Motor Vehicle Act, 1973, And Amendments Thereto". 5. Land For Public Purposes Fund Read a letter from Councillor Chase advising that he would like the opportunity to discuss what he notices to be a trend in requests for funds from the Land for Public Purposes account in that he notices an absence of projects that would serve citizens of other population demographics, such as senior citizens. Councillor Chase, in referring to an Age Profile Report (copies of which were distributed to Council members at this meeting), noted that statistics indicate that the senior citizen population in Saint John was growing and the total population of children was declining, and the overall population in Saint John was decreasing, yet the population of senior citizens was increasing, the City's senior citizen population currently being proportionately higher than other cities in the region, the Province and nationally. Councillor Chase noted the City's infrastructure and facilities conducive to senior citizens, including the skywalk, parks, lawn bowling on the West Side and a Recreation Division which provides opportunities for senior citizens; and advised that he envisaged facilities, such as shuffle board parks, where citizens could possibly go in the winter time. On motion of Councillor Chase Seconded by Deputy Mayor Chase RESOLVED that the City advertise for expressions of interests for projects that would be of benefit to senior citizens that could be funded through the Land for Public Purposes account. Councillor Trites spoke against the motion, noting funds recently expended from the Land for Public Purposes fund for projects for which the groups concerned had approached Council with a portion of the funding already in place and the widespread Recreation and Parks program in the City now; and questioned the municipality's area of responsibility in terms of providing for recreation and leisure activities for a lot of soon-to-be senior citizens, suggesting that it would be dangerous to jump into expanding on what the City does before it even knows if it can hold on to what it already does. The Mayor noted the City's assistance to senior citizens through the Senior Friendship Games, and Councillor Ball suggested things to involve senior citizens, such as golfing, lawn bowling, concerts and festivals. Councillor Court expressed the view that, regardless of age group, the onus must be on the groups concerned to make presentations to Council and that Council must maintain that distance rather than advertise as proposed; and Councillor White concurred with Councillor Chase's observation that, even if the above motion was not passed, with the issues raised during this discussion there would be some public awareness, particularly to those groups who work with senior citizens, that they could make a presentation to Council if they had any ideas. Deputy Mayor Chase spoke on an issue he had brought before Council previously of a social policy task force, the direct intent of which was much the same as what Councillor Chase was proposing, being to be able to identify the demographic groups and serve them in the community. Question being taken, the motion was lost with the Mayor, Deputy Mayor and Councillors Ball, Court, Desmond, Titus, Trites and White voting "nay". 6. Scheduling New Public Hearing For Proposed Zoning Text By-Law Amendment And Re-ZoninQ 1770 ManawaQonish Road Consideration was given to a report from the City Manager regarding the public hearing scheduled for this meeting of a proposed Zoning By-Law text amendment and re-zoning of property located at 1770 Manawagonish Road, as requested by Pumpkin Patch (1998) Ltd. - Neil Lingley, in that the Planning Advisory Committee, having considered a detailed report at its August 4, 1998 meeting and hearing lengthy presentations from both the applicant and a number of area residents and after considerable discussion, felt that the applicant and the area residents needed to discuss the proposal further and tabled the application, and advised those present at the 87-141 COMMON COUNCIL AUGUST 10,1998 meeting of its understanding that, under Common Council's new policy, the August 10, 1998 public hearing would be cancelled and a new public hearing would be scheduled for a later date; and recommending that a new public hearing be scheduled for September 21, 1998. On motion of Councillor White Seconded by Councillor Court RESOLVED that as recommended by the City Manager, a new public hearing be scheduled for September 21, 1998 for the application of Pumpkin Patch (1998) Ltd. - Neil Lingley for a Zoning By-Law text amendment and re-zoning of property at 1770 Manawagonish Road. Question being taken, the motion was carried. 7. Tender For Contract 98-11 On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 98-11: Somerset Street Sanitary Forcemain Project, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $370,054.90, 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. 8. Tender For Contract 98-12 On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 98-12: Churchill Boulevard Sewage Pumping Station, be awarded to the low tenderer, Meridian Management Inc., at the tendered price of $2,300,600, 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. North End Wastewater Scheme Read a report from the City Manager further to Common Council resolution of June 8, 1998 approving the projects and the approach outlined in the City Manager's report for the North End Wastewater Scheme which proposed that the monies be utilized to construct the sewerage pumping station on Churchill Boulevard, the sanitary forcemain on Somerset Street and a portion of the sanitary (gravity) sewer along Boars Head Road/Millidge Avenue/Somerset Street, to expend all the funds allocated; advising that, in addition to the funding for the Scheme, the 1998 Capital Program (Infrastructure) contains a project on Somerset Street about which, when included in the Program, there was some uncertainty as to the timing of approval by the Province for the Scheme; however, now that the Province has committed to the funding under the Canada/New Brunswick Infrastructure Program, the $250,000 budgeted for the Somerset Street forcemain is available to be redirected and could be utilized to supplement the funding for the Scheme so that the entire sanitary (gravity) sewer along Boars Head Road/Millidge Avenue/Somerset Street could be constructed and cost sharing from the other levels of government could be sought for any part of the $250,000 which would be utilized against the Scheme. The report summarizes the approved projects and budgets in the 1998 Capital Program associated with the North End Wastewater Scheme totalling $3,550,000, and the total committed cost to date of $2,755,455.81 for Contracts 98-11 and 98-12; and sets out a recommendation for Council's consideration. 87-142 COMMON COUNCIL AUGUST 10,1998 On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Council authorize that the funds budgeted in the 1998 Capital Program (Infrastructure) for the Somerset Street forcemain ($250,000) be utilized to supplement the funding for the North End Wastewater Scheme to allow the entire gravity sewer along Boars Head Road/Millidge Avenue/Somerset Street to be constructed. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 10. Water Pressure - RidQe Row On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the report from the City Manager commenting on the matter of water pressure in Mahogany Heights further to Common Council's adoption on June 29, 1998 of a Planning Advisory Committee recommendation to request a report from the Chief City Engineer regarding the low water pressure problem being experienced on Ridge Row; advising that a number of solutions are being considered to address the pressure problems in Mahogany Heights, each with its corresponding set of system difficulties and, for reasons such as this, a computer model of the water system is being developed for the City in conjunction with the Water Strategy and, when that model is ready for use, the various scenarios for Mahogany Heights will be run and a best solution determined and, in the meantime, staff has been instructed to make modifications to the existing valve set-up at Gault Road in an effort to extend the periods of good pressure at Mahogany Heights for as long as possible -- be received and filed and a copy be forwarded to the residents concerned. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried. 11. HIP Applications #69 to #72 On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program applications: (1) HIP #69 - Manford M. Thompson Construction Company Limited, for an estimated grant of $109,200 for a development in Manawagonish Gardens; (2) HIP #70 - Ellerdale Investments Limited, for an estimated grant of $61,600, for a development in Westgate Park; (3) HIP #71 - Susan and Raymond Williams, for an estimated grant of $11,200, for a development on Sand Cove Road; and (4) HIP #72 - Nancy Doucette, for an estimated grant of $14,400, for a development at 150 Wentworth Street. Question being taken, the motion was carried. 12. Proposed Unconditional Grant Formula - City Of Fredericton Consideration was given to a report from the City Manager commenting on the City of Fredericton's model for the Provincial unconditional grant formula, having engaged Hemson Consultants to conduct an evaluation of the formula and make recommendations on improvements to it, this model having been presented to representatives of the cities, towns and villages at which time the City of Fredericton sought the support of those present to submit its proposal to the Province of New 87-143 COMMON COUNCIL AUGUST 10,1998 Brunswick; apprising Council of the modifica-tions proposed to the formula by the Fredericton model; and expressing the view that encouraging the Province of New Brunswick to adopt any changes proposed by any community at any time could prove problematic and frequent ad hoc revisions to the formula would make financial planning difficult and, as in this particular case, could adversely affect the financial wellbeing of the City of Saint John. On motion of Councillor Court Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council advise the Minister of Municipalities, Culture and Housing of its support for maintaining the current unconditional grant formula. The Mayor suggested that she should send a letter, rather than the above resolution, to the Minister in order to explain the City's position, and Councillor Chase suggested that, as Fredericton's proposed formula would produce a tax rate of $1.7240 for Saint John, a personal visit should be made to the Minister. The Mayor suggested that, while the City could meet with the Minister on a one-on-one basis, the City's position should be put in a letter form so that all the details are included. Moved in amendment by Councillor Chase Seconded by Deputy Mayor Chase RESOLVED that the above motion be amended so that the above-mentioned letter be delivered personally at a meeting with the Minister. Councillor Titus suggested that, if a letter must be written to the Minister, Council should indicate it is not satisfied with the grant as it is now and wants and deserves more. Question being taken, the amendment to the motion was carried with Councillor Titus voting "nay". Question being taken, the motion as amended was carried with Councillor Titus voting "nay". 13. Terms Of 1998 Bond Issue On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to sign the debentures between the City and the New Brunswick Municipal Finance Corporation for $12,649,000 at the following terms: Term: 5-year and 10-year, serial form; Coupon Rate: Year 1 - 5.250, Year 2 - 5.500, Year 3 - 5,500, Year 4 - 5,500, Year 5 - 5.500, Year 6 - 5.500, Year 7 - 5.625, Year 8 - 5.625, Year 9 - 5.625 and Year 10 - 5.625; Price $98.93; Yield to Maturity: 5.79%; and Settlement Date: August 25, 1998. Question being taken, the motion was carried. 14. Re Kiwanis Club's Presentation For Accessible PlaYQround Rockwood Park On motion of Councillor Court Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, with regard to the Kiwanis Club of Saint John's presentation to Council on July 27, 1998, (1) Common Council consent to the construction of an accessible playground in Rockwood Park; (2) the City of Saint John provide $100,000 towards the construction of the playground in 1998 from the Land for Public Purposes Trust; (3) Common Council authorize that site preparation and landscaping improvements be 87-144 COMMON COUNCIL AUGUST 10,1998 undertaken by staff during regular duties, as funds permit; (4) furnishings (as outlined in the submitted estimate) be referred to the 1999 Capital Budget; and (5) Common Council consent to incorporating "Kiwanis" in the playground name. Question being taken, the motion was carried. 15. Glen Falls Floodway{s) Read a report from the City Manager submitting, further to Common Council resolution of April 27, 1998 adopting a nine-part recommendation dealing with the Marsh Creek and the Flood Risk Area By-Law, Terms of Reference for engaging a consultant to proceed with a detailed design and location of a floodway or series of floodways to achieve maximum flood retention capacity on lands owned by the City; advising that the consultant would also be asked to design and locate a floodway or series of floodways on lands south of Marsh Creek between the Creek and Golden Glove Road, should those lands become available, and staff of Real Estate and Facility Management has been asked to investigate acquiring three adjacent lots which could be included in the project and which would contribute to the capacity of the floodway, and staff is, in addition, determining which undeveloped streets in the area could be closed and the land consolidated with the floodway and anticipates returning to Council with recommendations regarding acquisition of additional properties and with recommendations regarding street closures. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council authorize the expenditure of up to $25,000 for a project added to the 1998 Capital Program, to engage a consultant to locate a floodway on City properties, and to proceed with the detailed design of a floodway or series of floodways, including preparation of drawings, specifications, construction cost estimates and a benefit analysis. Question being taken, the motion was carried. *15A. Acquisition Of Lands In Glen Falls On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council authorize the acquisition of land on Golden Grove Road identified as NBGIC Numbers 299289 and 55012280 from Balemans Holdings Ltd. for the purchase price of $52,500 plus HST and survey costs (if applicable), and the Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. *15B. Zoning By-Law Amendment To Re-Zone 8-14 Simpson Drive On motion of Councillor Trites Seconded by Deputy Mayor Chase 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 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, and an area of approximately 31,000 square feet, from "R-1 B" One- Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of 87-145 COMMON COUNCIL AUGUST 10,1998 Saint John. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land 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, and an area of approximately 31,000 square feet, from "R-1 B" One- Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 16. 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, July 27, 1998, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Trites, Vincent and White, and your Committee submits the following recommendations, namely:- 1. That Donald Shaw be appointed to the Environment Committee. 2. That David R. Colwell and Christopher Waldschutz be appointed to the Preservation Review Board. 3. That John R. McNamee be appointed to the Recreation and Parks Advisory Board. 4. That Carole Keddy be appointed to the Trade and Convention Centre Oversight Committee. 5. That as recommended by the City Manager, further to Common Council resolution of April 27, 1998 amending Article 1 of the Option Agreement pertaining to the Red Rose Tea building, Common Council amend Article 1 of the Option Agreement pertaining to the Red Rose Tea Building, such that it shall read: "The Option is exercisable by the Developer until, but not after, 4:30 p.m. (ADT), September 11, 1998, provided that prior to exercising: (A) the Developer has, at its own expense, in hand and approved by the City, a Development Plan consisting of conceptual plans and a construction schedule which shall provide for the development of Parcel 1. The Development Plan must conform to all municipal by-laws, building codes, and any other regulatory approvals required to proceed with the Development Plan; (B) the Developer has, in hand, the financing necessary to complete the Development Plan. (In the event that financing is not, in hand, the sum of $5,000 paid hereunder shall be forfeited by the Developer); (C) the Developer has, in hand, a Certificate of Appropriateness issued by the Preservation Review Board of the City of Saint John; and (D) the Developer has, in hand, such amendments to the Municipal Plan and Zoning By-Law of the City as are necessary for the Development Plan.". 6. That as recommended by the City Manager, Common Council confirm that (1) minor groups are to be charged $100 per team per season for use of sports 87-146 COMMON COUNCIL AUGUST 10,1998 fields; (2) the subsidy for arena rentals for minor groups, as approved by Council, be allocated taking into consideration the number of registrants who are City residents; and (3) the arena rental fees for adults for the 1998-99 season are increased by $5 per hour. August 10, 1998, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 16.1. Environment Committee Appointment On motion of Councillor Desmond Seconded by Councillor White RESOLVED that section 1 of the above report be adopted. The Mayor noted that, as one nominee declined appointment to the Environment Committee, this matter would have to go back to the Nominating Committee. Question being taken, the motion was carried. 16.2 Preservation Review Board Appointments 16.3.Recreation And Parks Advisory Board Appointments; 16.4 Trade And Convention Centre OversiQht Committee Appointment On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that sections 2, 3 and 4 of the above report be adopted. Question being taken, the motion was carried. 16.5. Red Rose Tea Property Option AQreement Extension On motion of Deputy Mayor Chase Seconded by Councillor Desmond RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 16.6. Arena And Sports Field Revenue On motion of Councillor White Seconded by Councillor Trites RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. 17. Preservation Review Board Re Preservation Areas By-Law Amendment Provincial Lunatic Asylum (Centracare) Consideration was given to a letter from the Preservation Review Board advising that, since portions of the Provincial Lunatic Asylum (Centracare) site are of national and Provincial significance, it passed a motion at its April 27, 1998 meeting to nominate the site for designation as a Provincial heritage site, and at its July 29, 1998 87-147 COMMON COUNCIL AUGUST 10,1998 meeting, it received a letter from the Heritage Branch, Province of New Brunswick, advising that protected status for the Centracare facility has not been approved and the Province intends to demolish the building complex possibly as early as this fall; and requesting that Common Council authorize the advertisement and set a public hearing date at 7:00 o'clock p.m. on Monday, September 21, 1998, to consider amending the Saint John Preservation Areas By-Law to include the pre-1900 portions of the Provincial Lunatic Asylum (Centracare) site. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the above letter from the Preservation Review Board be received and filed. During discussion the Province's responsibility for the Centracare site was noted, as was the City's experience with the old General Hospital property, as well as with the Red Rose Tea property in its designation under the Preservation Areas By- Law. Question being taken, the motion was carried. 23. Heritage Saint John Re Provincial Lunatic Asylum Site (Centracare) & HeritaQe Canada Re Centra care Facility Consideration was given to a letter from Heritage Saint John urging Council's support of the Preservation Review Board's recommendation for a full public hearing to consider amending the Saint John Preservation By-Law for the explicit purpose of including the original portion of the Provincial Lunatic building (Centracare). Consideration was also given to a letter from Heritage Canada on the subject of the Centracare facility (copies of which were distributed to Council members at this meeting); expressing the understanding that the City of Saint John was considering the possibility of protecting and preserving this important heritage structure; and encouraging Council to seek the views of the citizens of Saint John in this matter. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letters from Heritage Saint John and Heritage Canada on the subject of the Centracare facility -- be received and filed. Question being taken, the motion was carried. 18. Gary K. Kyle - Driveway Victoria/Cunard Streets On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from Gary K. Kyle of 54 Cunard Street referring to his request last fall to have his driveway off Victoria Street, just before Cunard Street, widened due to the location and poor visibility which, in turn, causes a safety concern; and requesting Council to approve the extension of his driveway area -- be received and filed and Mr. Kyle be advised of the City's position in this regard. The initial motion, proposed by Councillor Desmond and seconded by Councillor Ball, to refer the above matter to the City Manager was withdrawn with the consent of the mover and seconder following Mr. Groody's confirmation that a similar letter was submitted last year by Mr. Kyle and the City's position with respect to requests like this was that the City did not like to see the curb disturbed or the entrance widened; however, if the citizen considered it necessary, the citizen should be required to pay for this particular adjustment. 87-148 COMMON COUNCIL AUGUST 10,1998 Question being taken, the motion was carried. 19. Eileen Hannah / Petition Maintenance & Servicing Of Greenwood Lane On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the letter from Eileen Hannah submitting a petition asking why the City of Saint John has not honoured its amalgamation agreement to service and maintain Greenwood Lane in its entirety on a Priority 4 basis -- be referred to the City Manager for a report to Council. (Deputy Mayor Chase withdrew from the meeting.) The Mayor noted a previous request for a teach-in of Council on the matter of private roads, and Mr. Groody advised that, although staff would follow up in the above regard as soon as possible, a staff team has been put together to evaluate the issue of private roads in anticipation of a report to Council with a policy recommendation prior to budget deliberations. Question being taken, the motion was carried. 20. Aquila Tours Re Cruise Ship Visits On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from Aquila Tours advising that, through the Saint John Meet and Greet Committee, it was informed that the political view in the City was leaning to thinking the cruise ship business was mostly for outside the City; and explaining how the cruise ship business is generated and what it means for the whole community -- be received and filed. Question being taken, the motion was carried. 21. Mary Kennedy - Location Of Mobile Home On Proud Road Off Old Black River Road Read a letter from Mrs. Mary Kennedy asking for permission to locate her mobile home on her land on Proud Road just off Old Black Road, rather than in a trailer park. Mr. Baird advised that Mrs. Kennedy has made application to the Department of Public Health for on-site services and, in speaking to the Health Inspector, he indicated that, given the size of the site, he did not anticipate any problem; so, if Council were desirous of approving the request at this time, such approval could be made under the Mobile Home Parks By-Law subject to her receiving Department of Health approval for on-site services. On motion of Councillor White Seconded by Councillor Desmond RESOLVED that permission be given to Mrs. Mary Kennedy to locate her mobile home on her land on Proud Road just off Old Black River Road for a period of one year subject to her receiving Department of Health approval for on-site services. Question being taken, the motion was carried. 22. Westmorland Shopping Centres Limited Re-ZoninQ Westmorland Road Property 87-149 COMMON COUNCIL AUGUST 10,1998 Consideration was given to an application from Westmorland Shopping Centres Limited for the re-zoning of property on Westmorland Road, as well as to a letter from First Westmorland Shopping Centres Limited (copies of which were distributed to Council members at this meeting) regarding a name change in the subject application for re-zoning of property at Westmorland Road and Mark Drive, requesting, due to possible conflict with another company, a change in the name for the application in question from Westmorland Shopping Centres Limited to First Westmorland Shopping Centres Limited. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the application of First Westmorland Shopping Centres Limited for the re-zoning of property on Westmorland 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, September 21, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 24. Bruce Kelly - Re-Zoning 1177 ManawaQonish Road On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the application of Bruce Kelly for the re-zoning of property at 1177 Manawagonish 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, September 21, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 25. K-100 FM Stereo - Negative Uses Of Streets/Sidewalk By "SQueeQee-Kids" On motion of Councillor Trites Seconded by Councillor White RESOLVED that the letter from K-100 FM Stereo requesting Common Council to take some action to protect and defend businesses against the negative uses of the streets and sidewalks such as evidenced by the so-called "squeegee-kids", highlighted recently in newspaper articles -- be referred to the Police Commission and Council continue to request citizens not to pay. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk