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1998-08-24_Minutes 87-150 COMMON COUNCIL AUGUST 24,1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fourth 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, Fitzpatrick, Titus, 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; J. C. MacKinnon, Commissioner of Environment and Development Services; S. Galbraith, Director of Works; B. Morrison, Director of Recreation and Parks; J. Baird, Manager of Community Planning; P. Hanlon, Manager of Water and Sewerage Services; W. Edwards, Building Inspector; G. Tait, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; and Mrs. M. Munford, 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 Vincent RESOLVED that minutes of the meeting of Common Council, held on August 10, 1998, be approved. Question being taken, the motion was carried. Mayor McAlary welcomed to the Council Chamber Messrs. Paul McGraw, Vice-Chairman of St. Joseph's Hospital Foundation, and Peter Turner, Chairman of the Canducky Derby Committee, who addressed Council, in turn, with respect to the Canducky Derby fund-raising event to be launched on September 26 in the Reversing Falls area, in support of St. Joseph's Hospital. 3(a) Zoning By-Law Amendment To Re-Zone 2483 Westfield Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the former Ketepec School property, being a parcel of land with an area of approximately 1.75 acres and located at 2483 Westfield Road (NBGIC Numbers 291443,55143820 and 55143838), from "IL-1" Neighbourhood Institutional to "B-2" General Business classifi-cation, to permit the use of the building and property as a garden centre, and for office uses, as requested by Mr. Glenn Carpenter, and no written objections were received in this regard. 3{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter considered at the Committee's August 18 meeting at which the applicant expressed agreement with the staff recommendation; and recommending that Common Council re-zone the said property, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the site is restricted to the applicant's proposal to establish a "business incubator centre" which may include only the following activities: (i) a retail store, including a garden centre; (ii) a business or professional office; (iii) a business school; (iv) a physical fitness centre; (b) the hours of operation 87 -151 COMMON COUNCIL AUGUST 24,1998 are restricted to 7:00 a.m. to 9:00 p.m. Monday through Saturday, and 9:00 a.m. to 6:00 p.m. on Sundays and holidays; (c) the number of persons working at the site must not exceed 15 at anyone time; (d) site improvements shall be undertaken by the applicant/owner in accordance with a detailed site plan, to be prepared by the applicant/owner and subject to the approval of the Development Officer, illustrating landscaped areas, paved parking and one driveway with a maximum width of 30 feet at the street line; and (e) the site improvements illustrated on the approved site plan must be completed no later than October 31, 1999. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the former Ketepec School property, being a parcel of land with an area of approximately 1.75 acres and located at 2483 Westfield Road (NBGIC Numbers 291443, 55143820 and 55143838), from "IL-1" Neighbourhood Institutional 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 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 the former Ketepec School property, being a parcel of land with an area of approximately 1.75 acres and located at 2483 Westfield Road (NBGIC Numbers 291443, 55143820 and 55143838), from "IL-1" Neighbourhood Institutional 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. 8. Mayor's Remarks Mayor McAlary expressed condolences to the families of the late Joseph Winchester and the late Wardlow (Danny) Kaye, former firefighters, who passed away recently; referenced the forthcoming UNBSJ commencement ceremony to be held at the Imperial Theatre and proclaimed September 8 as University of New Brunswick Day Saint John; proclaimed September 8 as Literacy Day, noting the Read Across New Brunswick Challenge on that day; and noted several forthcoming fundraising events. Councillor Vincent referenced the Canadian Masters Fastball Championship which was held in the City this past weekend. * Added Item On motion of Councillor Vincent Seconded by Councillor White RESOLVED that a letter from the City Manager (copies of which were distributed to Council members at this meeting), regarding the retirement of three employees under the Early Retirement Option for C.U.P.E Local 18, be added to the agenda for consideration at this meeting as Item 8C. Question being taken, the motion was carried. 87 -152 COMMON COUNCIL AUGUST 24,1998 *8A. Withdrawn Item On motion of Councillor Chase Seconded by Councillor Vincent RESOLVED that the letter from Councillor Chase regarding by-law enforcement be withdrawn from the agenda. Question being taken, the motion was carried. 8B. Financial Post MaQazine Article On motion of Councillor Chase Seconded by Councillor Ball RESOLVED that the letter from Councillor Chase, submitting an article which appeared in the July/August issue of the Financial Post magazine, be received and filed. Councillor Chase noted the reference in the above article, which outlines the costs of relocation of families in Canada, that Saint John has one of the lowest housing costs in Canada, which is something people look for when relocating, as well as considering quality of life and tax rates, however, he suggested that people also relocate for other reasons such as a community to retire in, for business or employment opportunities, all of which underscore the need for strategic planning. Question being taken, the motion was carried. *8C. Early Retirement Option Consideration was given to a report from the City Manager, noting that a limit of twenty retirements, effective September 1, 1998, were authorized under the Early Retirement (Outside Workers) Option approved by Common Council on July 8, 1998; advising that at present eighteen applications have been received, and three of the applicants are under the age of fifty-five and must be retired on the order of Council pursuant to section 12(1)(d) of the City of Saint John Pension Act in order to qualify for a pension. On motion of Councillor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Charles Stevens, Allen Myshrall and Douglas Holland are each hereby retired on the order of the Common Council, effective September 1, 1998, pursuant to section 12(1)(d) of the City of Saint John Pension Act. Question being taken, the motion was carried. 9. Request For Crosswalks And SiQns - Meadowland Subdivision On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the report from the City Manager regarding the petition considered at Council's meeting of July 27, 1998 requesting crosswalks and signs for the Meadowland Subdivision, advising that steps have been taken to install painted crosswalks at the following two locations: across Lilac Lane at Honeysuckle Drive, and across Honeysuckle Drive at the playground; and to erect two "Children Playing" signs on Honeysuckle Drive near the entrance to the playground only -- be received and fled and the petitioners be notified of the action taken. Question being taken, the motion was carried. 87-153 COMMON COUNCIL AUGUST 24,1998 10. Planned Traffic Disruptions City Road/Haymarket Square Area On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the report from the City Manager advising of planned traffic disruptions in the City Road/Haymarket Square area, beginning August 31, due to a number of projects included in the 1998 Water and Sewerage Capital Program, and submitting information being circulated to the media and businesses in the area, as well as a plan showing the work areas and temporary street closures -- be received and filed. Question being taken, the motion was carried. 11. BorrowinQ Resolutions On motion of Deputy Mayor Chase Seconded by Councillor Fitzpatrick RESOLVED that for general operating purposes: 1. That the Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at anyone time three million two hundred thousand dollars ($3,200,000) to meet current expenditures of the Corporation for the year 1998; 2. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; 3. That the Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid; and 4. That the Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the monies collected or received from any other source: BE IT FURTHER RESOLVED that for the purposes of bridge financing on capital expenditures: 5. That the City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $8,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit; 6. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; and 7. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or the Budget Officer are hereby authorized to sign on behalf of the 87-154 COMMON COUNCIL AUGUST 24,1998 Corporation and to furnish to the Bank an agreement or agreements under the Seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rate as the Bank may from time to time determine and of a guarantee fee in respect of each such promissory note at such rate as the Bank may from time to time determine. Question being taken, the motion was carried. 12. BankinQ Resolutions Consideration was given to a report from the City Manager advising that, in conjunction with the City's bank accounts with the Bank of Nova Scotia and the Bank of Montreal, the Banks require certain resolutions to be passed by Common Council, and as a result of staffing changes made in January 1998, it is necessary to modify the existing banking resolutions to reflect the actual staffing structure and it is recommended that Mr. Woods continue to be a signing officer, the submitted resolution having been modified to include the Deputy City Manager as a signing officer, replacing the Deputy Commissioner of Finance; and recommending Council's adoption of the submitted resolutions in this regard. On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED A. That the resolution dated April 29, 1996 relating to the operation of bank accounts for the City of Saint John with the Bank of Nova Scotia be and is hereby rescinded; AND RESOLVED B.1 That accounts in the name of the City of Saint John (herein called the "City") and bearing the following names and numbers shall be kept at the Bank of Nova Scotia: Pension Fund Operating Account Payroll Account US Dollar Account Employee Purchase Account Treasury Account Hydro (Transfer Account) Payroll Reject Account Pension Payroll Reject Account City of S.J. (Bond Account) City of S.J. Meal Purchase 55-17 0053-12 0001-16 1864-14 0361-10 0106-18 0034-17 0102-19 0122-11 14-14 626-18 2. That any two of the: Commissioner of Finance Deputy City Manager Comptroller Budget Officer be and are hereby authorized on behalf of the City: (a) To borrow money from the Bank of Nova Scotia upon credit of the City on cheques, promissory notes, bills of exchange or otherwise in such amounts and subject to such terms as may be considered advisable; (b) To sign, make, draw, accept, endorse, execute and deliver on behalf of and in the name of the City all such cheques, promissory notes, bills of exchange, drafts, 87-155 COMMON COUNCIL AUGUST 24,1998 acceptances, orders for the payment of money, warehouse receipts, bills of lading, agreements to give security, assignments, transfers, conveyances, hypothecs, mortgages, pledges, securities and other agreements, documents and instruments as may be necessary or useful in connection with the borrowing of money and other banking business of the City. 3. That anyone of: Commissioner of Finance Deputy City Manager Comptroller Budget Officer be and is hereby authorized by the City: (a) To negotiate with or transfer to the Bank of Nova Scotia for deposit or discount with or collection by the Bank (but for the credit of the City's accounts only) cheques, promissory notes, bills of exchange, drafts, orders for the payment of money and other instruments, whether negotiable or not, purporting to be signed or endorsed on behalf of the City by anyone of them or having the name of the City impressed thereon by rubber stamp or other device without any signature; (b) To arrange, settle, balance and certify all books and accounts between the City of Saint John and the Bank and to receive all paid cheques and other vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's form of settlement of balances and release; (c) To delegate any authority conferred on such person by sub-paragraphs (a) and (b) of this paragraph by any other employee of the City, by notice in writing filed with the Bank. 4. That all agreements, documents and instruments signed, drawn, accepted, endorsed or executed as aforesaid shall be valid and binding on the City. 5. That the City shall furnish the Bank with a list of names of all persons authorized by this resolution to do any act or thing, together with specimens of their signatures, and shall notify the Bank from time to time in writing of all changes of such persons; and such list when received by the Bank shall be binding on the City until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank. 6. That this resolution shall be communicated to the Bank and shall continue in force as between the City and the Bank until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank. C.1 That notwithstanding resolution B.2 (b), the Bank of Nova Scotia is authorized and directed to pay any and all cheques, promissory notes, bills of exchange or otherwise against the said accounts which may be presented for payment bearing the facsimile signature impressed thereon by mechanical means to all intents and purposes as though such signatures had been signed by the said Officers in their own handwriting and duly issued by them with the authority and on behalf of the City of Saint John. C.2 That in consideration of the Bank of Nova Scotia's paying or negotiating cheques, promissory notes, bills of exchange or otherwise, issued on behalf of the City of Saint John and bearing the mechanically imprinted facsimile signatures of the Commissioner of Finance and the Comptroller, the City of Saint John will and does hereby undertake to hold the Bank of Nova Scotia harmless from and indemnified against all loss, costs, damages and expenses arising out of the payment or the negotiation of any cheque, promissory note, bill of exchange or otherwise on which the facsimile signatures have been wrongfully impressed. (Rescinded May 31, 1999 Bk 87 pg 535 ) 87-156 COMMON COUNCIL AUGUST 24,1998 AND RESOLVED 1. That the resolution dated April 29, 1996 concerning the signing officers for the City of Saint John bank accounts and securities with the Bank of Montreal be and is hereby rescinded and the following resolution be adopted in its stead:- 2. That all cheques of the Municipal Corporation of the City of Saint John (herein called the "City") drawn on the following accounts: 7000 - 098 Sinking Fund 5067 - 467 O'Connell Trust 5067 - 475 Tucker Trust 5067 - 483 Ross Memorial Trust 5067 - 491 Stockford Memorial Trust 5067 - 520 Recreation Development Fund 5067 - 547 Land Subdivision Trust 5067 - 555 Equipment Replacement Fund 5067 - 563 A. Carle Smith Trust shall bear the signature of any two of the following officers: Commissioner of Finance Deputy City Manager Comptroller Budget Officer 3. That notwithstanding resolution 2, the Bank of Montreal is authorized and directed to pay any and all cheques against the said accounts which may be presented for payment bearing the facsimile signatures impressed thereon by mechanical means to all intents and purposes as though such signatures had been signed by the said officers in their own handwriting and duly issued by them with the authority and on behalf of the City of Saint John. 4. That in consideration of the Bank of Montreal's paying or negotiating cheques issued on behalf of the City of Saint John and bearing the mechanically imprinted facsimile signatures of the Commissioner of Finance and the Comptroller, the City of Saint John will and does hereby undertake to hold the Bank of Montreal harmless from and indemnified against all loss, costs, damages and expenses arising out of the facsimile signatures having been wrongfully impressed. 5. That the Commissioner of Finance, Deputy City Manager, Comptroller or Budget Officer of the City of Saint John be and are hereby authorized for and on behalf of the City to negotiate with, deposit with or transfer to the Bank of Montreal (but for credit of the said City's accounts only) all or any bills of exchange, promissory notes, cheques or orders for payment of money and other negotiable papers and for the said purposes to endorse the same or any of them on behalf of the City either in writing or by rubber stamp. 6. That the Commissioner of Finance, Deputy City Manager, Comptroller or Budget Officer are hereby authorized for and on behalf of the said City from time to time to arrange, settle, balance and certify all books and accounts between the said City and the Bank; and to receive cheques and vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's forms of settlement of balance and release. 7. That any two of the following officers, namely: Commissioner of Finance, Deputy City Manager, Comptroller or Budget Officer, be and are hereby authorized for and on behalf of the said City to obtain delivery from the said Bank of all or any stocks, bonds and other securities held by the said Bank in safekeeping or otherwise for the accounts of the City and to give valid and binding receipts therefor. 87 -157 COMMON COUNCIL AUGUST 24,1998 8. That this resolution be communicated to the said Bank and remain in force until written notice to the contrary shall have been given to the Manager for the time being at the Branch of the Bank at which the accounts of the said City are kept and receipt of such notice duly acknowledged in writing. (Rescinded May 31, 1999 Bk 87 pg 535 ) Question being taken, the motion was carried. 25. Re Application For Re-zoning 276 Somerset Street On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the report from the City Solicitor, noting that a public hearing was held on August 10, 1998 to consider the possibility of re-zoning several sites to "US" Utility and Service classification, as initiated by City staff, at which time Council accepted the recommendation of the Planning Advisory Committee that none of the sites be re-zoned at that time; that several of the said sites are owned by the Power Commission of the City of Saint John, including a site on Cranston Avenue housing a sub-station; advising that, in response to the question raised at that meeting whether the Zoning By-Law would require the Power Commission to wait one year before applying to Council to have the Cranston Avenue site re-zoned, having reviewed the pertinent provisions of the City's Zoning By-Law and the Community Planning Act as well as the relevant factors, it is his opinion that in the current circumstances the Power Commission is not required to wait one year before submitting an application to Council for the re-zoning of one or more of the sites in question -- be received and filed. Question being taken, the motion was carried. 4. Saint John And Lancaster Minor Hockey Associations Re Arena Rental Fees Consideration was given to a letter from John F. Richardson, President of the Saint John Minor Hockey Association, and Peter Landers, President of the Lancaster Minor Hockey Association, submitting a copy of the brief presented to the previous Common Council on April 27 regarding arena rental fees, at which meeting it was agreed that staff would meet with the minor hockey volunteers; advising that when they met with staff on July 16 they were told that the information that had previously appeared in the media was essentially correct, i.e. the minor hockey subsidy would be applied only to a maximum of 8 hours per 100 city children per week, which amounts to another major increase to their ice rental costs which are already the largest portion of their expenses; advising that their budgets, which would normally be finalized in July, cannot be completed until Council's decision is rendered; and elaborating on the impact such increase will have on the minor hockey associations. Mr. Richardson, appearing on behalf of both Minor Hockey Associations, advised that as instructed by Council they have met with City staff with no satisfactory resolve. With reference to subsidized ice time for the children of the City and surrounding area, he noted that for every 100 children registered with the Associations, eight hours of ice time will be allotted at a subsidized rate; that City staff has advised that this will be strictly adhered to this year, which means a drastic reduction in their on- ice programs as the Associations will each face an increase in ice rental fees of approximately $20,000, which would result in an increase in registration fees by approximately 40%; they are also concerned with asking residents of communities which do not have arenas to pay an increased fee to play hockey in the City. He also stated that the increase in the hourly ice cost is quite significant and, as presented by staff to Council, would result in an hourly rate of approximately $80.50, even taking into consideration the subsidized rate. In conclusion, he stated the Associations are asking Council to set aside the recommendation considered by the previous Council and allow the Associations to meet with City staff on the ramifications of this proposal to minor 87-158 COMMON COUNCIL AUGUST 24,1998 hockey in the City. During ensuing discussion, Mr. Richardson stated that both Associations could have absorbed the $5.00 hourly increase before subsidization; advised that the registration cost per child would have to increase from $250.00 to $290.00 to meet the increased costs to the Association; confirmed that the Associations would like to have the $59.00 hourly cost of ice rental apply to all players registered in either Association, regardless of residency; and stated that the eight hours per 100 children ratio has never been adhered to, as the Associations have always received more than eight hours of subsidized ice time per week. On motion of Councillor Court Seconded by Councillor Titus RESOLVED that the subsidized arena rental fee for minor hockey for the 1998-99 season be $59.00 per hour, and that City staff negotiate the said fee for next year with the Minor Hockey Associations. Question being taken, the motion was carried. 5. Proposed Visual Arts Festival 1999 William R. Fitzpatrick, Chair of the Saint John Art Advisory Board, was present at the meeting accompanied by several Board members and committee chairs, regarding the proposal for a visual arts festival for May of 1999 titled "deep see", as outlined in the previously-submitted brief, and advised that this is a project initiated by, and under the auspices of, the City of Saint John Art Advisory Board and will consist of a series of visual art events targeted for May 1 to 9, 1999, involving and intended to interest the Greater Saint John community at large, and the arts community and everyone involved and interested in the visual arts; outlined the Festival's objectives, committee structure, and proposed schedule of events; advised that the event will be "self-funded" with no deficit, and as such, with few exceptions the nature of the activities would be such that they would not be ticketable events and funding will have to come from various sponsorships and existing arts funding bodies. In noting that no financial assistance will be requested from the City of Saint John, however, the City will be asked to make available, on a needs basis, some staff and facilities which are presently in place, including the assistance of B. Cormier, Cultural Affairs Officer, and his existing resources, Mr. Fitzpatrick asked for Council's approval for the Saint John Art Advisory Board to proceed with the project as a Board project. On motion of Councillor Chase Seconded by Councillor Fitzpatrick RESOLVED that Common Council grant approval to the Saint John Art Advisory Board to proceed with the proposed Visual Arts Festival 1999. On behalf of Council, Mayor McAlary extended appreciation to the Art Advisory Board for this initiative, and wished them success with the said arts festival. Question being taken, the motion was carried. 13. Easement For Encroachment Of DwellinQ At 208 CottaQe Road Consideration was given to a report from the City Manager submitting a letter from the Legal Department advising of a request from Tim Woodworth, the owner of 208 Cottage Road, for a grant of easement to permit the encroachment of his dwelling upon Cottage Road; noting that the request for easement was referred to the Engineering Department, which does not object to giving an easement for the encroachment of the dwelling itself, provided the deck is not included; noting that in the normal course, an encroaching deck would not be included within the grant of easement as it is a moveable and the Engineering Department opined that it is unlikely this encroachment will cause a problem and therefore they can concur that the granting 87-159 COMMON COUNCIL AUGUST 24,1998 of the easement be recommended provided that the grantee relieve the City of all liability for any damage to the structure and appurtenances thereto which may be caused by the City performing any work within the street right of way; and recommending adoption of the stated resolution in this regard. On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the Mayor and Common Clerk be authorized in consideration of the sum of one dollar ($1.00) to execute a grant of easement in favour of Timothy William Woodworth to permit the encroachment of his dwelling at 208 Cottage Road upon Cottage Road, such easement to terminate with the destruction or removal of such encroachment, provided that Mr. Woodworth for himself, his heirs and assigns relieve the City of all liability for any damage to the structure and appurtenances thereto which may be caused by the City performing any work within the Cottage Road right of way. In response to a query of Councillor Titus as to whether the deck, which is not included in the easement, will be permitted to remain, Mr. Nugent confirmed that the easement is for the building only. Councillor Desmond noted that a fence is also shown on the submitted plan as encroaching on the roadway. Question being taken, the motion was carried with Councillor Titus voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that item 34 on the agenda be considered at this time. Question being taken, the motion was carried. 34. Power Commission - Application To Re-Zone 276 Somerset Street On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the application of the Power Commission of the City of Saint John for the re-zoning of property at 276 Somerset Street 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, October 5, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 14. Purchase Of Property Station Street Roadway Read a report from the City Manager advising that in order to facilitate the construction of Harbour Station, the Station Street roadway was relocated, with part of the roadway being built on Canadian National Railway property, a License Agreement having been approved by Council on May 1, 1995 for the portion of the roadway which occupies Canadian National Railway property; that the initial five-year term of the license, which expired June 1, 1998, provided for an annual licence payment of $1,000 plus taxes; that Canadian National Railway is now disposing of surplus land at various locations in Saint John; and recommending the purchase of the subject property. On motion of Councillor Vincent 87-160 COMMON COUNCIL AUGUST 24,1998 Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council authorize the purchase of approximately 28,300 square feet of land occupied by the Station Street roadway from Canadian National Railway for the sum of $8,000 plus HST if applicable; that staff be authorized to proceed with the necessary surveys and subdivision approvals to have the said land designated as a public street; and that the Mayor and Common Clerk be authorized to execute all necessary documents related to this purchase. Question being taken, the motion was carried. 15. Purchase Of Property 5 Station Street Read a report from the City Manager advising that the Saint John Parking Commission and Harbour Station share the use and operating costs of an approximately 17,900 square foot property which the City leases from Canadian National Railway, the five-year term of the current lease expiring November 30, 1998; that Canadian National Railway is now disposing of surplus land at various locations in Saint John; and recommending the purchase of the subject property. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council authorize the purchase of approximately 17,900 square feet of land located at 5 Station Street from Canadian National Railway, for the sum of $25,000 plus HST if applicable, and that the Mayor and Common Clerk be authorized to execute all necessary documents related to this purchase. Question being taken, the motion was carried. 16. Tender For Contract 98-17 On motion of Councillor White Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Contract 98-17: Suffolk Street-Lancaster Street water and sewer construction, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $133,050.80, 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. 17. Tender For Contract 98-16 On motion of Councillor Ball Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 98-16: Oakland Street-Lloyd Street water and sewer construction, be awarded to the low tenderer, Dean Construction Limited, at the tendered price of $184,991.00, 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. Councillor Titus referenced the statement in the report from the City Manager regarding the above item cautioning that the City has experienced some difficulties and delays in the past in dealings with this particular contractor, and asked what protection the City has beyond monitoring the work. Mr. Groody stated that the City would have all the normal protection covered in a contract; that over the years it has been found that contracts have not flowed as smoothly with this particular 87 -161 COMMON COUNCIL AUGUST 24,1998 contractor as they believe they should have, and rather than simply say they believe that the contractor can do the work fully without any concern, he felt it necessary to add the caution referred to by Councillor Titus to acknowledge that there have been instances such as health and safety problems on job sites. Councillor Titus questioned the cost in staff monitoring such situations versus the next lowest tendered price. Mr. Groody stated he does not feel they have a properly documented history that would justify a different recommendation in this instance, and confirmed that staff cost will be monitored. 18. Zoning By-Law Amendment To Re-Zone A Portion Of Rope Walk Road Read a report from the City Manager, further to Common Council resolution of June 15, 1998 which authorized advertising for the proposed closing and subsequent sale of the northern branch of Rope Walk Road adjacent to Somerset Street, for which the public hearing will be held on September 8, 1998, advising that the said portion of Rope Walk Road, if closed, is intended to be sold to the owner of the triangular parcel of land bounded by Somerset Street and the two existing branches of Rope Walk Road; that this triangular parcel of land was re-zoned from "P" Park to "1-1" Light Industrial in 1995 and at that time the owner's intent was to also obtain the northern branch of Rope Walk Road from the City for incorporation into the proposed development; that Community Planning's report on the proposed re-zoning of the triangular property, dated December 16, 1994, indicated that the applicant's land could accommodate a development with or without the inclusion of the northern branch of Rope Walk Road and also noted that this street area, if closed and consolidated with the site, would require a further re-zoning, as streets are not zoned, and that the City would initiate this further re-zoning process if and when the street is closed, and in order to facilitate the redevelopment of this area, it would be appropriate to initiate the re-zoning at this time and if the street closing does not occur, the re-zoning process would be discontinued. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the proposed re-zoning of the northern branch of Rope Walk Road, from "Unzoned Street" to "1-1" Light Industrial classification, 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, October 5, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 6. Proposed Farmer's Market Promotion At City Market Shelly Poirier, President of the City Market Merchants Association, addressed Council on behalf of the Association and the City Market Promotion Committee in co-operation with the New Brunswick Department of Agriculture and Rural Development (through which partnership funding is available through a recently announced "Farmers' Market Development Strategy for New Brunswick"), regarding the proposed first annual outdoor fall harvest farmers market proposed for the City Market on eight consecutive Saturdays in September and October, concluding on October 31; noted the proposed hours of operation of 8 a.m. to 1 p.m., with a minimum of 10 tables, as well as the promotional plan for this event. Ms. Poirier requested a street closure on South Market Street for that time period, where the outdoor market will be held, and to accommodate some additional parking for the market vendors, requested some concession from the ticketing of vehicles parking on North Market Street during the Saturday markets. She also noted that after the closing time of 1 p.m. there will be a requirement for some cleaning of the area, which has been included in the event budget, but they want to ensure there is no conflict with the City workers in this regard. Mr. Nugent noted that South Market Street is in fact not a street but private property owned by the City and, if Council is receptive to the request for closure, the appropriate resolution would be to authorize staff to barricade South Market Street 87-162 COMMON COUNCIL AUGUST 24,1998 with the understanding that those property owners on King Street who have a right to use that property, would continue to be able to exercise that right. Ms. Poirier agreed to contact the said property owners. She advised of notification given to the Market vendors on this project, stating she has received positive feedback from them, and noted they are trying to eliminate any cross-marketing or cross-selling in this venture, and cited examples of the types of vendors approached to participate in the Saturday markets. Ms. Poirier noted that, in addition to the Province, the City Market Merchants Association is working jointly with Uptown Saint John and Brunswick Square on this project. Mayor McAlary wished the Association every success with this project, and advised that the City would discuss the matter of ticketing on North Market Street with the Parking Commission. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that Item 32 on the agenda of this meeting be brought forward for consideration at this time. Question being taken, the motion was carried. 32. Support For Saturday Farmer's Market On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the letter from The Hardman Group Limited, acting as agents for Brunswick Square Ltd., expressing support for the City Market Merchant's Association proposed initiative to establish an eight week pilot project for a Saturday Farmer's Market on South Market Street during September and October, be received and filed. Question being taken, the motion was carried. 7. Barbara Munroe - Extension Of Water Services. RaQQed Point Road Consideration was given to a letter from Barbara Munroe regarding statements by City staff respecting the extension of water services down Ragged Point Road, as contained in an article in the Evening Times Globe on July 22. Barbara Munroe of 469 Ragged Point Road, addressed Council on the said comments, noting that the residents have been asking for water service, not water and sewerage, and cited the estimates for the extension of the water services and the resultant revenue to the City; noted that the City said the extension would have to be both water and sewerage services, however, this was not done on Rothesay Road; if both services were extended at the cost estimated, the cost per property would be $24,514 which would, however, open up over 200 acres of prime land for development which would increase the tax revenue. Mrs. Munroe referenced several contract prices recently awarded by the City compared to the contract estimate, and to work undertaken in the Duck Cove area and to the water extension to the new church on Ragged Point Road; responded to comments attributed to staff in the newspaper article; questioned the status of a previous motion to have discussions with the Province in this regard; referenced a response she received from the Provincial Environment Department, as well as other projects undertaken through infrastructure funding and under the capital program, including the extension of services beyond the City limits; and concluded by asking that she be provided at this time with Council's views on the issues she has raised. Mayor McAlary asked that Mrs. Munroe provide a copy of her prepared brief so that the requested answers can be provided, and noted that a water strategy is presently being done and the City is reluctant to make major decisions before that strategy comes forth, which will probably be by the end of this year. Regarding discussions with Provincial officials, as authorized by Council on July 13, 1998, Mr. Totten noted that the Province has indicated that they would not participate in this project, and since then Council has approved engaging the services of a hydrologist to 87-163 COMMON COUNCIL AUGUST 24,1998 determine if a local solution can be found. 19. North End Wastewater Scheme On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager clarifying the implementation procedure of the various projects in the first phase of construction of the North End Wastewater Scheme, and outlining the remaining future projects to provide a better understanding of how the overall system will collect sewerage and direct it via pumping stations to the exiting Millidgeville Wastewater Treatment Plant; and concluding that the projects as outlined will complete all the phases for the collection and treatment of sewage in the core of the North End for a population of approximately 8200 persons and eliminate nine sanitary outfalls into the Saint John River, which will have a significant impact on improving the environment and controlling pollution into the Saint John River and the Harbour, be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that Item 33 on the agenda of this meeting be brought for consideration at this time and that a representative of the Saint John Volunteer Centre, if present, be permitted to briefly address Council. Question being taken, the motion was carried. No person was present in the Council Chamber representing the Volunteer Centre. 33. Grant Request, Saint John Volunteer Centre On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that the letter from the Saint John Volunteer Centre, requesting reconsideration of the Centre's request for a grant of $3,000, be received and filed and a grant of $500.00 be approved. Question being taken, the motion was carried. 20. Tender For Contract 98-10 On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Contract 98-10: Wigmores Chamber to Dry Lake Chamber 1050 mm diameter water transmission main, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $408,644.00, 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. 21. Reconstruction Of McLauQhlin Road Read a report from the City Manager, further to the petition considered 87-164 COMMON COUNCIL AUGUST 24,1998 by Council on April 20, 1998 from the residents of McLaughlin Road requesting upgrading of their street, noting that McLaughlin Road, which is 627 metres long and runs southerly off Grandview Avenue, has a 5 metre wide gravel surface and is of substandard construction, designated as "private" and maintained to a minimum standard by the City, and there are 26 homes on the road; advising that the maintenance and service of private roads is not sufficiently clear, and staff have initiated a comprehensive evaluation of private roads with the objectives of developing a clear policy proposal for Council, identifying appropriate standards and programs for maintenance and upgrading (where the City is responsible), and preparing estimates for the budget allocations required to support such programs, which review is expected to be completed by mid-October to permit time for the issues to be considered in the 1999 budget deliberations; that in conjunction with the detailed evaluation of McLaughlin Road, staff have also looked at McLeod Road, just to the east of McLaughlin Road, which project will be brought forward for consideration in the 1999 capital program for transportation; further advising that although there are many demands on the City's limited maintenance and construction resources, staff believe this project warrants consideration for completion this fall and should Council approve the project, it would be staff's intention to use City forces to carry out the majority of the work. On motion of Councillor Vincent Seconded by Councillor White RESOLVED that as recommended by the City Manager, the reconstruction of McLaughlin Road be added to the 1998 capital construction program for transportation, at an estimated cost of $80,000.00. Question being taken, the motion was carried. 22. Traffic By-Law Amendment ParkinQ On Holly Street Read a the report from the City Manager advising that, in response to a complaint from the Police Force, parking was reviewed on Holly Street and it was found that from approximately civic number 45 to Main Street the street is too narrow to permit parking on either side as provided in section 5(4)(a) of the Traffic By-Law; that parking on the west side of Holly Street from civic number 45 to Victoria Street was restricted on the instructions of the Chief of Police to address a parking problem and a number of concerns have been brought forward by citizens as a result of those changes from the historic pattern of parking on street; that in order to maintain safe traffic flow and to facilitate snow removal in winter an adequate travel lane must be maintained for one- or two-way traffic, and the Traffic By-Law should therefore be amended to limit parking according to both the width of the street and whether it is one- or two-way traffic. On motion of Councillor Court Seconded by Councillor White RESOLVED that the above report from the City Manager, recommending that first and second readings be given to the submitted Traffic By-Law amendment and it be referred to the Legal Department for review prior to third reading -- be received and filed and the recommendation be adopted: AND FURTHER 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", with regarding to parking on Holly Street, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting 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 Councillor Desmond 87-165 COMMON COUNCIL AUGUST 24,1998 Seconded by Councillor Ball 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", with regard to parking on Holly Street, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 23. Re Designation Of Ready Street As Truck Route Read a report from the City Manager, further to the proposed amendment to the Traffic By-Law which was given first and second readings at the last meeting of Common Council, to allow a "temporary" change of designation of a truck route from Harding Street to Ready Street, advising that Harding Street is presently the only through route trucks may use to get from the Reversing Falls bridge to points west and over the years the City has received persistent complaints from the residents of Harding Street about truck traffic on this street; that in recognition of this and other traffic problems, a comprehensive Transportation Study is currently underway which will provide recommendations for traffic movements throughout the City with specific recommendations to be made for various routes, including those in the Simms Corner area, with a final report expected to be submitted in late November 1998, and as part of the Study a preliminary recommendation has been made that the Simms Corner intersection be realigned to permit west bound traffic to proceed straight through from Bridge Road to Fairville Boulevard, as shown on the submitted schematic plan, which will require reconstruction of the intersection and installation of traffic lights; advising that Harding Street was originally selected as the "truck route" because it was possible to make it a one-way westbound street while keeping eastbound traffic on Fairville Boulevard (formerly Raynes Avenue) as the present alignment and width of Fairville Boulevard does not permit two-way traffic st Simms Corner; that trucks entering and leaving Ready Street at Main Street West will need the full width of Ready Street to make the turn and the submitted maps illustrate the area needed for a semi trailer to make the movements to and from Ready Street and also illustrate necessary changes in lane markings on Main Street, and parking will also have to be removed from Main Street between Harding Street and Ready Street on both sides; and concluding that for the technical reasons outlined in the report, staff do not recommend a change in truck routes, however, should Council decide to proceed with the change after considering all other relevant factors, staff will make every effort to ensure as smooth a flow of traffic as possible. On motion of Councillor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Council not give third reading to the proposed amendment to Schedule "N" of the Traffic By-Law to change the designation of the truck route from Harding Street West to Ready Street: AND FURTHER that the recommendations of the Transportation Study anticipated for Simms Corner be considered as a high priority for future capital programs. Question being taken, the motion was carried. 24. Traffic By-Law Amendment Re Truck Route DesiQnation On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the report from the City 87-166 COMMON COUNCIL AUGUST 24,1998 Solicitor submitting for consideration of third reading a proposed Traffic By-Law amendment with respect to the redesignation of the truck route from Harding Street West to Ready Street, which was given first and second readings on August 10, 1998, be received and filed. Question being taken, the motion was carried. 26. Right-Of-Way Over City Land To Access 8-12 Charlotte Street Read a report from the City Solicitor regarding the request of the Hart Isaacs Estate for a right of way from the rear of their land at 8-12 Charlotte Street across abutting City-owned land to Sydney Street, which was referred by Council at its meeting on July 27, 1998 for a legal opinion, advising that the Hart Isaacs Estate owns a lot of land on the east side of Charlotte Street known by the civic address 8-12 charlotte Street; that the City of Saint John owns an irregularly shaped lot of land abutting the rear line of 8-12 Charlotte Street and extending eastwardly in an irregular rectangular shape to the western sideline of Sydney Street, as shown on the submitted plan, and the requested right of way will pass over this City-owned land, which right of way route has been used primarily for the purpose of providing rear access to lots fronting on Charlotte, Union and Sydney Streets and North King Square; that based upon the information provided to him it is his opinion that the Hart Isaacs Estate is asking Council to grant expressly what the Estate has through the passage of time probably acquired by prescription, namely, access to the rear of its land fronting on Charlotte Street to and from Sydney Street; further advising that there are, in fact, rear entrances constructed and in use which would, in itself, be sufficient to establish an easement by prescription, and accordingly, granting the Estate's request would be of advantage to the City inasmuch as that would set out entirely the right of way and its terms of use; and submitting appropriate resolutions if Council is prepared to approve the City Manager's recommendation submitted to the July 27, 1998 Council meeting. On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that in consideration of the sum of $500.00, the City grant to the Hart Isaacs Estate a free and uninterrupted right of way in common with all others lawfully entitled thereto for persons and vehicles through, along and over City land as illustrated on the plan attached to the correspondence in this matter dated July 27, 1998 from the City Manager to Common Council, subject, however, to the following conditions: (1) the City will retain the right to designate from time to time the route to be travelled in the exercise of the right of way; and (2) the use of the right of way by the grantee shall in no way interfere with the existing use of and parking space configuration upon the City lands; and that the Mayor and Common Clerk be authorized to execute the necessary documents: AND FURTHER that the City give a license to the Hart Isaacs Estate in the event that the upper floors of the buildings at 8-12 Charlotte Street are converted to residential use, to permit the construction, operation and maintenance of a fire escape over City land, subject to the following conditions: (1) the license shall be for a period of twenty years at an annual fee of $100.00 per year; (2) the stairwell/landing shall have a minimum 8 foot clearance above the paved surface of the City owned land to the underside of the structure; (3) should the City or a subsequent owner of the land need the space occupied by the exit structure for development, the license may be terminated with a notice of 120 days without any compensation or relocation cost; upon termination of this license, the owner shall be required to construct an alternate exit from the building; (4) the owner shall carry liability insurance to protect the City to the satisfaction of the City and the owner shall be responsible to construct and maintain the structure and for all claims for damages or injury by use and operation of the exit structure constructed over City land; and (5) all plans should be prepared by a Professional Engineer and subject to the approval of the Building Inspector; and that the Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 87 -167 COMMON COUNCIL AUGUST 24,1998 (Councillor Fitzpatrick withdrew from the meeting as he was not present for the August 10, 1998 public hearing with regard to the proposed closing of portions of Bell Manor Drive.) 27. Street Closing By-Law Amendment Portions Of Bell Manor Drive On motion of Councillor Ball Seconded by Councillor Fitzpatrick 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 stopping and closing the following portions of Bell Manor Drive: 1. All that certain lot, piece or parcel of land, situate lying and being in the City of Saint John, in the County of Saint John, in the Province of New Brunswick being more particularly described as follows: Beginning at the intersection of the northwestern side of Hill Heights Road at a point on a curve defining the eastern boundary of Lot 93-2 shown on Saint John County Plan No. 3051. Said point having New Brunswick grid coordinate values of easting 331 480.052 metres and northing 666 503.718 metres. Thence northerly along the arc of a curve to the left, said curve having a radius of seven and sixty two hundredth metres (7.62m) (chord equivalent being a distance of seven and forty five hundredths metres (7.45m) measured on a New Brunswick grid azimuth of three hundred and fifty eight degrees (3580) three minutes (03') twenty seconds (20")), a distance of seven and eighty eight hundredths metres (7.88m) to the end of said curve. Thence on an azimuth of three hundred and twenty eight degrees (3280) forty six minutes (46') forty seconds (40") along the northeastern boundary of Lot 93-2, a distance of forty eight and thirty six hundredths metres (48.36m) to a point. Thence on an azimuth of fifty eight degrees (580) forty six minutes (46') fifty seconds (50"), a distance of six and thirteen hundredths metres (6.13m) to a point. Thence on an azimuth of one hundred and forty seven degrees (1470) fifty nine minutes (59') twenty seconds (20"), a distance of forty eight and forty eight hundredths metres (48.48m) to a point. Thence on an azimuth of two hundred and seven degrees (2070) nineteen minutes (19') twenty seconds (20"), a distance of twelve and twenty four hundredths metres (12.24m) to the place of beginning. A tract of land containing an area of 330 square metres and being designated as Parcel A on a Plan of Survey Showing portions of Bell Manor Drive, City of Saint John, Saint John County, New Brunswick, prepared by Hughes Surveys & Consultants Ltd. on July 2, 1998. 2. All that certain lot, piece of parcel of land, situate lying and being in the City of Saint John, in the County of Saint John, in the Province of New Brunswick being more particularly described as follows: Beginning at a point on the line of division between the southwestern boundary of Joseph P. and Blanche L. Saab property and the northeastern side of Bell Manor Drive (of which property herein described forms a portion). Said point having New Brunswick grid coordinate values of easting 331 465.283 metres and northing 666 573.926 metres. 87-168 COMMON COUNCIL AUGUST 24,1998 Thence on a New Brunswick grid azimuth of one hundred and forty eight degrees (1480) forty six minutes (46') forty seconds (40"), a distance of thirty nine and forty eight hundredths metres (39.48m) to the beginning of a curve to the left. Thence southeasterly along the arc of a curve to the left, said curve having a radius of seven and sixty two hundredths metres (7.62m) (chord equivalent being a distance of one and fifteen hundredths metres (1.15m) measured on an azimuth of one hundred and forty four degrees (1440) twenty seven minutes (27') forty seconds (40")), a distance of one and fifteen hundredths metres (1.15m) to a point. Thence on an azimuth of three hundred and twenty degrees (3200) eight minutes (08') thirty seconds (30"), a distance of thirty three and eighty seven hundredths metres (33.87m) to a point. Thence on an azimuth of three hundred and twenty eight degrees (3280) forty six minutes (46') fifty seconds (50"), a distance of seven and fourteen hundredths metres (7.14m) to a point. Thence on an azimuth of fifty eight degrees (580) forty six minutes (46') forty seconds (40"), a distance of five and zero hundredths metres (5.00m) to the place of beginning. A tract of land containing an area of 118 square metres and being designated as Parcel B on a Plan of Survey showing portions of Bell Manor Drive, City of Saint John, Saint John County, New Brunswick, prepared by Hughes Surveys & Consultants Ltd. on July 2, 1998. 3. All that certain lot, piece or parcel of land, situate lying and being in the City of Saint John, in the County of Saint John, in the Province of New Brunswick being more particularly described as follows: Beginning at a point on the northwestern side of Hill Heights Road on the southeastern boundary of Joseph P. and Blanche L. Saab property. Said point having New Brunswick grid coordinate values of easting 331 499.034 metres and northing 666 540.618 metres. Thence on a New Brunswick grid azimuth of two hundred and seven degrees (2070) eighteen minutes (18') thirty seconds (30"), a distance of eleven and forty eight hundredths metres (11.48m) to a point. Thence on an azimuth of three hundred and twenty degrees (3200) eight minutes (08') thirty seconds (30"), a distance of eleven and forty eight hundredths metres (11.48m) to a point on a curve defining the southern boundary of Joseph P. and Blanche L. Saab property. Thence easterly and following the arc of a curve to the left, said curve having a radius of seven and sixty two hundredths metres (7.62m) (chord equivalent being a distance of twelve and seventy hundredths metres (12.70m) measured on an azimuth of eighty three degrees (830) forty three minutes (43') twenty seconds (20")), a distance of fifteen and one hundredths metres (15.01 m) to the place of beginning. A tract of land containing an area of 30 square metres and being designated as Parcel B-1 on a Plan of Survey Showing portions of Bell Manor Drive, City of Saint John, Saint John County, New Brunswick, prepared by Hughes Surveys & Consultants Ltd. on July 2, 1998. -- be read a third time and enacted and the Corporate Common Seal be affixed thereto. 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", was read in its entirety. Question being taken, the motion was carried. 28. Zoning By-Law Amendment Re-ZoninQ 8-14 Simpson Drive 87 -169 COMMON COUNCIL AUGUST 24,1998 On motion of Councillor White Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By-Law Number C.P. 100-474 A 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 Road, and an area of approximately 31,000 square feet, from "R-1 B" One-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the re-zoning of the said property be subject to 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 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. (Councillor Fitzpatrick re-entered the meeting.) Councillor Vincent referenced several development projects, either under consideration or approved, in the McAllister Drive/Rothesay Avenue/ Golden Grove Road area, and the requirements of the by-law regarding the flood plain, suggesting that the City cannot continue to use more and more of the Glen Falls marsh and have beneficial compensation by acquiring other pieces of land some distance removed from the areas to be infilled for development. He suggested that while the development projects will have economic spinoffs and increase the tax base, the area residents cannot be ignored; that the land that is the subject of the above re-zoning is in the area which floods first in Glen Falls; and that for the reasons cited, he will vote against the motion. Councillor Court expressed concerns with the water run-off from the above property and the site elevations, stating that, as a solution has not been found to the Glen Falls flooding problems, he too is concerned with any further developments in the area. Deputy Mayor Chase stated that he will vote against the motion, and suggested that the City should, at least, look at a short-term moratorium on any development in the area. The by-law entitled, "By-Law Number C.P. 100-474 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Court and Vincent voting "nay". 39. Re floodinQ In Glen Falls Area 87 -170 COMMON COUNCIL AUGUST 24,1998 On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the letter from Jean Urquhart submitting a petition regarding proposed developments and flooding problems in the Glen Falls area, be received and filed. Question being taken, the motion was carried. 29. 1998 Program For Improvements To Provincially-DesiQnated HiQhways On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the letter from The Honourable Sheldon Lee, Minister of Transportation, requesting that the City indicate proposed priorities for the 1999 construction program for improvements to Provincially designated highways within the municipality -- be referred to the City Manager. Question being taken, the motion was carried. 30. Re improvements To Rockwood Park On motion of Deputy Mayor Chase Seconded by Councillor Fitzpatrick RESOLVED that the letter from Ase Berg suggesting improvements to Rockwood Park, be referred to the Rockwood Park Advisory Board. Question being taken, the motion was carried. 31. People's Resolution For A United Canada On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the letter from Team Canada for Unity, requesting endorsement of the submitted resolution titled "The People's Resolution for a United Canada", be received and filed. Question being taken, the motion was carried. 35. Request For Change In Water Supply Requirements For Sprinkler Systems On motion of Councillor White Seconded by Councillor Chase RESOLVED that the letter from Susan Fullerton regarding the requirement for two separate water lines into a property if there is to be a sprinkler system installed, requesting that the City consider amending the appropriate by-law to allow a residential sprinkler to be serviced by one water line, be referred to the City Manager. Question being taken, the motion was carried. 36. Opposition To Designation Of Ready Street As A Truck Route 87 -171 COMMON COUNCIL AUGUST 24,1998 On motion of Deputy Mayor Chase Seconded by Councillor Desmond RESOLVED that the letters from (a) Lowther's Cleaning & Sewing, (b) Abby's Tackle Box, (c) Doris and Sterling Howard, (d) Kelly's Wash Tech Ltd., and (e) Rachel Israel, opposing the designation of Ready Street as a truck route, be received and filed. Question being taken, the motion was carried. 37. Request For Designation Of 69-71 KinQ Street As HeritaQe BuildinQ On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that the letter from Mar-Jo Limited, owners of the building located at 69-71 King Street, requesting that the said building be considered for designation as a heritage building, be referred to the Preservation Review Board and the City Manager. Question being taken, the motion was carried. 38. Condition Of Road At Woodward Avenue/Cedarwood Drive On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that the letter from Tom Cunningham regarding the deplorable road conditions at the corner of Woodward Avenue and Cedarwood Drive, be referred to the City Manager. Question being taken, the motion was carried. Adiournment The Mayor declared the meeting adjourned. Common Clerk