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1998-11-16_Minutes 87-255 COMMON COUNCIL NOVEMBER 16, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of November, A.D., 1998, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. T. 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; 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 - 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 Vincent Seconded by Councillor Desmond RESOLVED that minutes of the meeting of Common Council, held on November 2, 1998, be approved. Question being taken, the motion was carried. (Councillor Trites entered the meeting.) 3(a) Zoning By-Law and Section 39 Amendments 21 MarlborouQh Avenue The Common Clerk advised that the necessary advertising was completed with regard to (1) a proposed amendment to the Section 39 conditions imposed on the October 9, 1990 re-zoning of the Morland Mobile Home Park located at 21 Marlborough Avenue (NBGIC Number 303497), to permit a revised proposal and conditions; and (2) the proposed re-zoning of an irregularly-shaped parcel of land located adjacent to the Morland Mobile Home Park, being portions of NBGIC Numbers 55010250 and 55122220, from "1-2" Heavy Industrial to "MH" Mobile Home Park classification, to permit an expansion of the Mobile Home Park, as requested by Clearview Mobile Homes Ltd., and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's November 10 meeting at which Jim Watt attended on behalf of the applicant and expressed general support with the staff recommendation, although he requested that the August 15, 1999 deadlines for completion of the various improvements to the Park be changed to September 30,1999, which would also necessitate a change to the expiry date for the recommended letter of credit from September 30,1999 to October 31, 1999, and staff indicated no objection to this change; and submitting a recommendation to (1) amend the Section 39 conditions attached to the October 9, 1990 re-zoning of the Morland Mobile Home Park located at 21 Marlborough Avenue; (2) re-zone an irregularly-shaped parcel of land located adjacent to the Morland Mobile Home Park on Marlborough Avenue, subject to a Section 39 agreement as set out in recommendation (1) herein; and (3) amend Map 4 of Schedule "A" of the Mobile Home Parks By-Law by 87 -256 COMMON COUNCIL NOVEMBER 16, 1998 deleting the area of the existing Mobile Home Park which was re-zoned to "SC" Shopping Centre on September 28, 1998, and adding the area described in recommendation (2) herein. Jim Watt, representing Clearview Mobile Homes Ltd. in support of the proposed amendment, advised of the need, to accommodate the sale of 45 acres of property in the subject area, to add a number of lots to suffice, along with a few extra, residents who, although it was anticipated would like to have moved to one of Clearview's other mobile home parks, wanted to stay in the central area; and commented on the reduction in size of the Mobile Home Park from what had been planned in 1990 due to a downturn in the requirement for that type of housing and the proposal now to cut the size of the Park again. Mr. Watt noted that the Planning Advisory Committee granted Clearview's request for a change in dates from August to September to complete the work, and that bonding would be increased to the end of October to cover the timeframe required. Mr. Watt, in response to questions, confirmed that the additional lots were replacement lots for tenants who were already in the Mobile Home Park and, for the property in the flood risk area, Clearview had plenty of land to be used for compensatory storage and would be able to suffice the By-Law; and, as to work already done on the subject property in terms of utilities, site setup, screening of the hill and filling in of the land, also confirmed that most of the work had been done, noting that this was a private Park where the services provided by the City were normally fire and police while Clearview looked after roads, utilities and such; and during discussion Councillor Titus expressed concern about the work already carried out by the applicant, as well as about the applicant's record in terms of compliance in the past based on the above reports. On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the conditions attached to the October 9, 1990 re-zoning of the Morland Mobile Home Park located at 21 Marlborough Avenue (NBGIC Number 303479), by replacing the October 15, 1990 agreement with a new agreement which sets out the applicant's revised development proposal and which incorporates the following conditions: (A) the developer must: (i) produce at its own cost, and submit to the Chief City Engineer, engineering plans and specifications for improvements to the storm water drainage system in the existing Mobile Home Park; (ii) obtain the approval of the Chief City Engineer of the said plans and specifications, within sufficient time to permit those improvements to be completed according to the deadline established by subparagraph (iii) hereof; and (iii) complete in accordance with the plans and specifications approved pursuant to subparagraph (ii) hereof the work described therein, not later than the 30th day of September 1999; (B) the developer must: (i) produce at its own cost, and submit to the Supervisor of Mobile Home Parks, detailed plans for the development of all buffer areas, and such plans must illustrate the species, size (height and/or caliper), quantity and approximate location of trees and other planting materials proposed; (ii) obtain the approval of the Supervisor of Mobile Home Parks of the said detailed plans not later than January 31, 1999; and (iii) complete in accordance with the plans approved pursuant to subparagraph (ii) hereof, the development of the buffer areas not later than the 30th day of September 1999; (C) the developer must: (i) produce at its own cost, and submit to the Supervisor of Mobile Home Parks, a detailed plan for the development of the proposed recreational area, and such plans must provide the following information: the approximate location of recreational equipment proposed as well as a full description of that equipment; the species, quantity, size (height and/or caliper) and approximate location of planting materials proposed; the dimensions, location and construction materials of proposed walkways and the nature and extent of provisions for storm water drainage; (ii) obtain the approval of the Supervisor of Mobile Home Parks of the said detailed plan for development of the proposed recreational area not later than January 31, 1999; and (iii) complete the work in accordance with the plan approved pursuant to subparagraph (ii) hereof, not later than the 30th day of September 1999; (D) the developer must: (i) produce at its own expense, and submit to the Supervisor of Mobile Home Parks, a "typical detail" plan of tree planting for all open-space areas other than the proposed recreation area in paragraph (C) above, and such plan must indicate the species, size (height and/or caliper), quantity and approximate location of trees; (ii) obtain the approval of the Supervisor of Mobile Home Parks of the said detailed plan not later than January 31, 1999; (iii) complete the tree planting within the existing Mobile Home Park in accordance with the plan approved 87 -257 COMMON COUNCIL NOVEMBER 16, 1998 pursuant to subparagraph (ii) hereof, not later than the 1 st day of July 2000; and (iv) complete the tree planting within the expansion area in accordance with the plan approved pursuant to subparagraph (ii) hereof, not later than the 30th day of September 1999; (E) the developer must: (i) design, at its own expense, a locked gate to be erected at the southeasterly terminus of Morland Avenue where it connects with the proposed extension of Mark Drive, and the gate shall be designed so as to prevent the use of the roads within the Mobile Home Park as a thoroughfare between Rothesay Avenue and Westmorland Road; (ii) obtain the approval of the said design by the Supervisor of Mobile Home Parks in sufficient time to allow construction to be completed in accordance with the deadline established by subparagraph (iii) hereof; and (iii) construct at its own expense the said gate in accordance with the design approved pursuant to subparagraph (ii) hereof, not later than the 30th day of September 1999, and immediately upon construction deliver a key to the said gate to the Supervisor of Mobile Home Parks for the distribution of copies to emergency vehicles; (F) the developer must: (i) produce at its own cost, and submit to the Supervisor of Mobile Home Parks, a detailed street-lighting plan for the upgrading of this service within the existing Mobile Home Park, as well as its initial provision in the expansion area, and such plans shall indicate the design, dimensions, material, foot-candles produced as well as the approximate location of each street lighting standard proposed; (ii) assure at its own cost that adequate electric power is available to operate the street-lighting plan approved pursuant to subparagraph (iii) hereof at the approved level of illumination; (iii) obtain the approval of the Supervisor of Mobile Home Parks of the said detailed lighting plan not later than January 31, 1999; and (iv) bring into satisfactory operation the street-lighting plan approved pursuant to subparagraph (iii) hereof, not later than the 30th day of September 1999; (G) the developer must satisfy all requirements of the Mobile Home Parks By-Law respecting the expansion area, not later than the 30th day of September 1999; (H) the developer must: (i) deliver to the City, not later than December 31, 1998, security in the form of an Irrevocable Documentary Credit issued by a chartered Canadian financial institution, in an amount to be determined by the Supervisor of Mobile Home Parks, and the said credit shall have an expiry date not earlier than the 31 st day of October 1999; (ii) provide, within seven (7) days of receiving a written request from the City, written permission and license to the City, its servants, agents, employees and contractors to enter upon the existing Mobile Home Park and the expansion area, by foot and by vehicle and with whatever machinery or equipment deemed advisable by the City, for the purpose of remedying or correcting any default by the developer in any obligation arising hereunder or referred to herein, and such license shall terminate upon the satisfactory completion or remedying of the City's opinion of the default in question, and such arrangements shall apply as often as the City shall determine it necessary to correct or remedy any such default; (I) the developer must neither place nor permit the placing of any mobile home within the expansion area until the satisfactory completion of all work required pursuant to the Mobile Home Parks By-Law within the expansion area, except the landscaping work and asphalting of the new road, and the developer shall maintain the new road in a dust-free condition prior to asphalting; (J) the developer must remove, or cause to be removed, the three mobile homes located on the northwesterly side of Raven Street in the existing Mobile Home Park immediately upon the present tenants, Mrs. Katherine Goldsworthy, Ronald and Edna Cormier and Brenda Sharpe, respectively, ceasing to use the said mobile homes as their principle residence; (K) in the event the developer defaults under any of its obligations pursuant to the agreement, the City may use any or all of the security described in paragraph (H) to remedy or correct any such default in whatever manner it chooses; (L) the City shall not release the security delivered pursuant to paragraph (H) hereof, unless and until: (i) there has been agreement reached between the City and the developer respecting the amount of security applicable to the completion of any remaining work within the existing Mobile Home Park; and (ii) an irrevocable documentary credit for that amount expiring at a date acceptable to the City is delivered to the City by the developer. As to the portion of the proposed expansion of the Mobile Home Park within the flood risk area, Mr. Edwards advised that, having had discussion with Mr. Watt at which time he impressed upon him the importance of submitting the necessary documentation from a licensed surveyor, he would be meeting with Mr. Watt tomorrow in this regard and was not in a position to comment on the content of that documentation without having seen it at this point; however, the area of the expansion within the flood risk area was relatively small and he would not expect there to be a significant amount of displaced storage as a result of this development. In terms of compliance, Mr. Baird noted the recourse recommended by the Planning Advisory Committee under (H) in the posting of security equal to an amount to ensure that matters such as lighting, drainage, utilities, playground and such are in fact done, and also noted the longer term given for 87 -258 COMMON COUNCIL NOVEMBER 16, 1998 the planting of trees within the existing Park, an enhancement considered necessary to the Park for which the amount was not included in the security, the developer having agreed to undertake this work and, in fact, has been doing some landscaping work to date. On the issue of work already being done on the subject property, Mr. Baird referred to lots 33 to 25 and some of the lots 34 to 37 on the submitted plan of the present layout of the Park as an area already zoned as part of a previous proposal, and advised that permits had been issued to relocate some of the mobile home to an area already zoned, and also that the applicant had put a significant investment in the ground, not in buildings, which, from the applicant's perspective, was required to be done at this time prior to final approval, so clearly the applicant has taken a risk in terms of the excavation and servicing not with respect to the buildings, and also that all but one of the mobile homes relocated to date were on land already zoned. Question being taken, the motion was carried with Councillor Titus voting "nay". On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an irregularly-shaped parcel of land located adjacent to the Morland Mobile Home Park on Marlborough Avenue, also identified as being portions of NBGIC Numbers 55010250 and 55122220, from "1-2" Heavy Industrial to "MH" Mobile Home Park classification, subject to an agreement 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 with Councillor Titus voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an irregularly-shaped parcel of land located adjacent to the Morland Mobile Home Park on Marlborough Avenue, also identified as being portions of NBGIC Numbers 55010250 and 55122220, from "1-2" Heavy Industrial to "MH" Mobile Home Park classification, subject to an agreement 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 with Councillor Titus voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law to amend the Mobile Home Parks By-Law, by deleting on Map 4 of Schedule "A" the area of the existing Mobile Home Park on Marlborough Avenue, which was re-zoned to "SC" Shopping Centre" on September 28, 1998, and adding an irregularly-shaped parcel of land located adjacent to the Morland Mobile Home Park on Marlborough Avenue, also identified as being portions of NBGIC Numbers 55010250 and 55122220, be read a first time. Question being taken, the motion was carried with Councillor Titus voting "nay". Read a first time the by-law to amend the Mobile Home Parks By-Law. 87 -259 COMMON COUNCIL NOVEMBER 16, 1998 On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the by-law to amend the Mobile Home Parks By-Law, by deleting on Map 4 of Schedule "A" the area of the existing Mobile Home Park on Marlborough Avenue, which was re-zoned to "SC" Shopping Centre" on September 28, 1998, and adding an irregularly-shaped parcel of land located adjacent to the Morland Mobile Home Park on Marlborough Avenue, also identified as being portions of NBGIC Numbers 55010250 and 55122220, be read a second time. Question being taken, the motion was carried with Councillor Titus voting "nay". Read a second time the by-law to amend the Mobile Home Parks By- Law. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried with Councillor Titus voting "nay". Mayor McAlary welcomed to the meeting members of the Loch Lomond Pathfinders who were working on a badge. 4. Uptown Saint John Inc. Re 1999 BudQet For BIA Consideration was given to a letter from Uptown Saint John Inc. submitting, as per Bill-66, 4(1) of the Business Improvement Areas Act, its budget for 1999, which was unanimously approved at a special general membership meeting on November 12, 1998; requesting that Council proceed with the approval of the budget and with the appropriate legislative advertisement requirements; and also submitting its 1999 Corporate Plan, 1997 Annual Report and brochures. Susan Harley, President; Michael Hazen, Treasurer; and Eileen Cullen, General Manager of Uptown Saint John Inc., were present at the meeting in the above regard, and Ms. Harley noted that, while their presence at this meeting was not to request funds from the City of Saint John, Council's approval was required as per section 4(1) of Bill-66, Business Improvement Act further to general membership approval on November 12, 1998; and briefed Council on Uptown Saint John Inc.'s accomplishments and activities in 1998, and reviewed Uptown Saint John Inc.'s 1999 budget proposal, based on a business improvement levy of 13 cents per $100 on assessment on non-residential property with the designated business improvement area, explaining that the $256,782 in revenue for 1999 was less than the $290,500 in revenue for 1998 primarily due to the fact that Uptown Saint John Inc. had not as yet developed a replacement for the very-successful pewter ornament campaign.. Ms. Cullen reviewed the highlights of Uptown Saint John Inc.'s 1999 Corporate Plan, focusing on four areas, including waterfront development, business recruitment and development, membership and community awareness, and marketing. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that authority be granted for the necessary advertising with regard to the 1999 budget of Uptown Saint John Inc. The Mayor noted that the public hearing in the above regard would be held at the December 14, 1998 Council meeting. Question being taken, the motion was carried. The Mayor asked for consideration of item 17(a) and (b) at this time. 87 -260 COMMON COUNCIL NOVEMBER 16, 1998 On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that agenda item 17(a) and (b) be brought forward for consideration at this time. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting as he was not present at the November 2, 1998 public hearing with regard to property at 1120 Loch Lomond Road.) 17(a) Planning Advisory Committee Re Amendment To Section 39 Conditions Re-ZoninQ Of 1120 Loch Lomond Road Consideration was given to a report from the Planning Advisory Committee regarding the application of John Cudmore Enterprises Inc. for an amendment to the Section 39 conditions of re-zoning of property at 1120 Loch Lomond Road, the public hearing for which was held on November 2, 1998 at which time Council tabled the Committee's recommendation for clarification on it; explaining that the Committee amended the staff recommendation in order to require the proposed development to be situated on the Loch Lomond Road portion of the property which would locate the commercial project away from the street curvature on Hickey Road, further away from the Tim Hortons restaurant; and setting out a revised recommendation in this regard. 17(b) Ronald J. Scott Request To Address Council Re Above Consideration was also given to a letter from Ronald J. Scott of Loch Lomond Hardware requesting to address Common Council in regard to the construction of a multi-bay, automotive service centre and gas bar at 1120 Loch Lomond Road. The Mayor expressed the view that, if Mr. Scott were permitted to address Council at this time, Council, having already held the public hearing, would be taking a risk by having one side address Council and not the other. On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the December 22, 1986 re-zoning of the property situated at 1120 Loch Lomond Road, also identified as NBGIC Number 55098420, in order to allow the proposed multi-bay automotive service centre and gasoline bar on the following conditions: (a) the proposed automotive service centre and gasoline bar be located in the northeastern portion of the subject property adjacent to the Loch Lomond Road; (b) barriers, or other suitable measures acceptable to the Chief City Engineer, be placed on the subject property to discourage through traffic from Loch Lomond Road to Hickey Road; (c) concrete curbing and sidewalk must be installed along the full frontage of the development site; (d) any existing landscaping within the street right-of-way must be maintained, except the area for a new commercial access; (e) the site and new driveway entrance must be paved with asphalt and enclosed by continuous poured-in-place concrete curbing; (f) drainage facilities must be installed to the satisfaction of the Chief City Engineer; (g) the site must be developed in accordance with a detailed site plan, prepared by the proponent, and approved by the Development Officer, illustrating the above-mentioned requirements; (h) the Development Officer, except for site preparation and foundation, shall endorse no building permit until the required site plan is approved and attached to the building permit; and (i) all work shown on the approved site plan, except for landscaping, must be completed prior to the operation of the business, and landscaping must be completed within one year of building permit approval. As to whether or not Mr. Scott agreed with the location as recommended by the Planning Advisory Committee, Mr. Baird advised that the applicant, Mr. Scott, would still prefer his original proposal and not the location as recommended by the Planning Advisory Committee, and added that he got the impression that Mr. Scott was 87 -261 COMMON COUNCIL NOVEMBER 16, 1998 not satisfied with the location recommended by the Committee. Councillor Trites expressed the understanding that, while the above recommendation would locate the development on the Loch Lomond Road side of the Home Hardware store as opposed to the Champlain Heights side, there were still plans for further development of that site and, therefore if the proposal were to go on the eastern side of the Home Hardware building, that would still leave vacant the western portion of land where Mr. Scott would prefer to go and subject to some other kind of development in the future; and suggested that, rather than moving in this direction and creating further accesses onto Loch Lomond Road, Council should be working toward some form of safer access onto Hickey Road which was at least controlled by lights to access Loch Lomond Road in that, if the intent of the recommendation was to improve traffic flow on that site, it might make it more dangerous. Councillor White advised that, while in favour of free enterprise and people looking to make a future and putting things in place to ensure their future business-wise, he was concerned about the traffic and he had a problem with this whole thing in that nothing was in place and no consideration given other than putting down some sidewalks and curbs to address the problem. Councillor Desmond suggested that, since the idea was to develop more of the land to the east of the store, an alternative might be to put a driveway on the east side of the building down to the straight-of-way part of the Hickey Road. Councillor Fitzpatrick expressed the understanding that the main concern of area residents, which the Planning Advisory Committee had addressed, was that the traffic on Hickey Road would cause much more of a problem than on Loch Lomond Road. The Mayor declined Councillor Ball's suggestion of a tabling motion in that the above motion could be amended or, if the above motion were not adopted, Council could consider approval of Planning staff's recommendation for access off Hickey Road which was what the applicant wanted. Moved in amendment by Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the above motion be amended by deleting clauses (a) and (b). Question being taken, amendment to the motion was carried with Councillors Court, Desmond, Fitzpatrick and White voting "nay". Question being taken, the motion, as amended, was carried with Councillors Court, Desmond, Fitzpatrick and White voting "nay". (Councillor Vincent re-entered the meeting.) 5. Fundy ReQion Solid Waste Commission Consideration was given to a letter from the Fundy Region Solid Waste Commission clarifying a point in its proposed 1999 budget which had generated concern in some quarters that the Commission intended to assume a direct role in providing garbage collection service in the Fundy Region; advising that the Commission has no mandate to collect garbage and has no intention to force itself into operating the municipal collection service now being provided in some areas of the Region by municipalities, or, in directly operating a garbage collection service in areas where collection is done by residents making private agreements with haulers or hauling their own waste to the landfill; and addressing the Commission's integrated collection system concept in the budget. 20. Fundy Region Solid Waste Commission Correction October 26 BudQet Submission Consideration was also given to a memorandum from the Fundy Region Solid Waste Commission advising of a compilation error in the proposed Annual Budget for the Commission for the year 1999 submitted to Council on October 26; and submitting a corrected page 5. 26. River Road Concerned Citizens Committee - Crane Mountain Landfill Consideration was also given to a letter from the River Road Concerned Citizens Committee asking for consideration of this item on the Crane Mountain landfill prior to any presentation by, or consideration of any matter related to, the Fundy Region 87 -262 COMMON COUNCIL NOVEMBER 16, 1998 Solid Waste Commission (i.e. budget, etc.); submitting documentation in this regard; and urging Council to reexamine its decision to continue the Crane Mountain facility and, failing Council's decision to chose an alternative means of waste management, to protect the properties and lives by ensuring that regional waste management really does become state of the art, rather than "start of the ark". John King, Chairman of the Fundy Region Solid Waste Commission, introduced Jens Jensen, General Manager of the Commission; Bob Lutes, an environmental engineer with Gemtec, the project management firm for the landfill; and Gerrit Buitenhuis, a solid waste management consultant with Acres & Associates; and noted that the sanitary landfill was opened at Crane Mountain on November 10, 1998, prior to which waste was being exported to the Westmorland-Albert Solid Waste Commission at a rate of in excess of $90 a tonne, representing the tipping fee and the transportation cost. At the Mayor's request, Mr. Jensen highlighted the Commission's proposed 1999 budget during which time he expressed the view that the landfill was operating in a good stable way, the operating costs in some areas being somewhat different from what had been estimated to be the case at this time last year or perhaps a bit earlier in that, included in the 1998 activities, was the final decision to implement a very special type of leachate management system - the so-called Zenon system, a very high-technology system which, when fully commissioned and approved, would produce an effluent from leachate treatment which would meet the New Brunswick fresh water aquatic standards and then let the Commission discharge the treated effluent directly into the water course flowing by the site and alleviate it from the ongoing necessity of either sending the leachate by way of tanker truck forever to the City of Saint John sewage treatment plant or some other place or, as an alternative to that, developing several kilometres of pipeline into the Town of Grand Bay-Westfield and pipelining the material there. Mr. Jensen advised that, aside from that, the other major infrastructure on site had been built and waste diversion was a major focus during 1998, noting the clarification letter referenced about in this regard, and the Commission's initiation in 1998 of a six-month pilot project in waste diversion intended to look at various techniques and systems for householder waste diversion in the Region involving four communities; and also advised that the outcome of the pilot project was that the Commission, in a general way, knew that the most likely avenue to take in this Region to achieve the thirty percent waste diversion target was an integrated system consisting of a drop-off depot system for dry recyclables, source-separated at home and collected from the depots by specialized trucks, and alternative-week collection from households by way of composter carts of source-separated compostable organics one week and the other waste - the residue, the next week. Mr. Jensen offered to entertain questions on the 1999 budget rather than go through it line-by-line, noting the $71 per tonne tipping fee of which approximately $5 per tonne would be accounted for by the waste diversion initiatives proposed and the remainder made up of a variety of influences in the line items. The members of the delegation responded to questions on the budget proposal, including the $71 per tonne tipping fee and its anticipated stability in the future, and on the landfill operation and life-cycle analysis on the landfill, as well as on the proposed avenue for and cost associated with waste diversion, including public education in this regard. As to a projected tipping fee for the next four years after 1999, Mr. Jensen advised that he was fairly confident that the 1999 budget figures before Council, unless something quite unforeseen occurred, should be fairly stable for the service that was contemplated here, which obviously would not cover anything in the way of any future collection systems or anything like that and, if the tonnage should decrease, the mathematics means that the tipping fee must adjust accordingly for so long as the operations of the Commission are funded solely from tipping fees and calculated that way; and during discussion, Mr. Jensen, with regard to his earlier reference to a tipping fee in the general area of $71, $72, $69 or $75 for the next four- or five-year period depending on tonnage, emphasized that this would be for the service contemplated in the 1999 budget for the operation of the landfill and the drop-off depot system, and agreed with the need to have accurate figures before going beyond the drop-off depot system in that adding the combinations of services and programs to do with the compostables program would be on top of that and possibly financed in a different way. As to a projected tipping fee for years six to ten, Mr. Jensen advised that a life-cycle analysis that runs figures for thirty-five years has been discussed with Mr. Beckett, and this projection included the periodic cost of cell development as the years go by and has also taken into account the long-range composting plant requirements. Mr. Lutes commented on the issue of the tipping fee versus the tonnage, the latter in 87 -263 COMMON COUNCIL NOVEMBER 16, 1998 1997 estimated at 85,000 tonnes based on data from the Spruce Lake landfill site which was the only site in the region at the time that had scales, while in 1997 this tonnage dropped below what City staff had anticipated with the City's operation of a transfer station, and made the observation that, as the City of Saint John budgeted for 18,000 tonnes to go to Crane Mountain in 1998 and it appears as if it would be delivering 16,000 tonnes, the City would be paying a higher tip fee in 1999 on lower tonnage, and he would argue that the $14 per tonne increase, of which about half was due to reduced tonnage than projected and the other $7 per tonne was related to higher capital costs mostly for the Zenon system and waste diversion project, would have zero impact financially on the City's budget; and explained that the $65 per tonne cost of recycling and a $71 per tonne cost for the landfill operation could not be added together as they were not additive, but rather that a blended tip fee would be arrived at by adding to the $5 million to run the landfill $500,000 for a waste diversion program and dividing the tonnage by that. Mr. Buitenhuis addressed questions on waste diversion, comparing costs per household per year in the Fundy Region, Nova Scotia and across Canada. The issue of the City's veto power on the Commission's budget was questioned and reference was made to the City Solicitor's report to Council on November 2,1998 in this regard, and Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission, noted his commitment to vote in the manner in which Council wanted, and Mr. Jensen advised that the Commission would vote on the 1999 budget on Tuesday, November 24. The Mayor thanked the members of the delegation for meeting with Council, and advised that Council would be discussing the Commission's 1999 budget at the next meeting, after having input from the City Manager and the Commissioner of Finance, and would take a vote on it at that time. (Deputy Mayor Chase withdrew from the meeting.) 20. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the memorandum from the Fundy Region Solid Waste Commission submitting a corrected page 5 of its previously- submitted 1999 annual budget -- be received and filed. Question being taken, the motion was carried. 26. On motion of Councillor White Seconded by Councillor Ball RESOLVED that the letter from the River Road Concerned Citizens Committee concerning the Crane Mountain landfill be received and filed. Question being taken, the motion was carried. 6. Manawagaonish Road Tree Preservation Committee Re ManawaQonish Road Urban Forest With regard to the letter from Rev. E. Lloyd Lake requesting that he, as President of the Manawagonish Road Tree Preservation Committee, and Dwayne Patton, Forester, make a presentation consisting of a report on plantings and summary care of the urban forest on Manawagonish Road, and a remedial plan to augment and save the remaining unique forest at Saint John, the Mayor noted that Rev. Lake was not present at the meeting and, upon the proposal of a motion by Councillor Fitzpatrick and seconded by Councillor White that this letter be received and filed and Rev. Lake be invited to make his presentation at a later date, the Mayor suggested that a motion was not needed. 87 -264 COMMON COUNCIL NOVEMBER 16, 1998 7. Mavor's Remarks Mayor McAlary expressed appreciation to the Fire Chief, the Chief of Police, their Deputies and members of the Fire and Police Departments for their participation in Remembrance Day ceremonies in the City on November 11, and noted the successful effort of Barry Ogden of The Marco Polo Project in the anticipated issuance by Canada Post, in March 1999, of a commemorative stamp for the Marco Polo sailing ship. Mayor McAlary commented on the success of the Santa Claus Parade on November 14 which, for the first time, was held in the evening, and noted the intent for prizes to be awarded at the November 23, 1998 Council meeting. 8. Re Preservation Areas Bv-Law Read a letter from Mayor McAlary advising that over the years there seemed to have been various complaints about the Saint John Preservation Areas By- Law and that, as the heritage area has been an asset to the City and has created a positive image, she would not want that asset to become a negative with what appears to be inflexibility in dealing with home owners in the heritage area; thus, she would like to have the support of Council to have the By-Law reviewed to the extent that some of the issues are dealt with in a more positive manner and that the Preservation Review Board and the City of Saint John have a closer working relationship. On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that Council support the Mayor's request for a review of the Preservation Areas By-Law to the extent that some of the issues are dealt with in a more positive manner and that the Preservation Review Board and the City of Saint John have a closer working relationship. Question being taken, the motion was carried. 9. HIP Applications #77 & 78 On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program applications: (1) HIP #77 - Dr. Paul Chase Professional Corporation for an estimated grant of $56,000 for a development on Sand Cove Road; and (2) HIP #78 - Clover Realty Ltd. for an estimated grant of $25,000 for a development on Germain Street. Question being taken, the motion was carried. 10. Re Concern About Vacant BuildinQs In City's South End On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that the report from the City Manager responding to the South Central Citizens Council's concern about vacant buildings in the South End in terms of the existing City policy when dealing with vacant and dilapidated buildings as set out in the Minimum Property Standards By-Law and the Dangerous Or Unsightly Premises By-Law; and recommending that the Building Inspector be instructed to continue to enforce the Municipal By-Laws relating to dangerous and/or deteriorated buildings and a copy of this report be forwarded to the South Central Citizens Council -- be received and filed and the recommendation adopted. Referring to the submitted list of seventy-five vacant buildings, Mr. Edwards advised that the number of buildings listed was not an inordinate number for a City the size of Saint John, nor was the list conclusive as there were a number of other buildings in the City which were vacant but did not require the attention of his office, for instance, homes for sale, and vacant commercial spaces, nor were all of the buildings on the list in terrible shape and, since the updating of the list in October, a number of these 87 -265 COMMON COUNCIL NOVEMBER 16, 1998 buildings had become occupied or partially occupied. Councillor Chase, in expressing disagreement with the recommendation, noted the indication in the above report that monetary incentives and disincentives may be the most practical method of causing these vacant buildings to be repaired or demolished and proposed a motion to refer the matter to staff to come back with a recommendation on incentives to tear down the buildings or financial disincentives to the homeowners, whereupon the Mayor noted the motion on the floor and suggested that an amendment could be proposed. Moved in amendment by Councillor Chase Seconded by Councillor Vincent RESOLVED that the above motion be amended for City staff to explore other options and a recommendation to Council. Councillor Fitzpatrick spoke against the amendment in that staff, being limited in what they could do in getting buildings demolished and being overworked in this field, had better things to do and that, rather than refer the matter to staff, changes were needed in the Municipalities Act and homeowners should be charged the fees involved in going to court and doing inspections. Question being taken, the amendment to the motion was lost with the Mayor and Councillors Ball, Court, Desmond, Fitzpatrick, Titus, Trites and White voting "nay". Question being taken, the original motion was carried. 11. Re Concern About Building Codes For Older BuildinQs On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that the report from the City Manager responding to the South Central Citizens Council's request, further to the October 19, 1998 Council meeting, that the City consider an alternative set of standards for older buildings, to the effect that a municipality, if it is to maintain a Building By-Law that regulates standards for certain activities such as structurally altering and demolishing buildings and structures, must use the standards contained in the National Building Code of Canada and there is no authority for the City to adopt a code of standards for older buildings that would impose a less stringent set of standards; however, as the Code standards are not retroactive, there is no authority for the City to require the owner of an older building to undertake renovations or construction simply as a result of a new set of standards in the Code -- be received and filed and a copy be forwarded to the South Central Citizens Council. Question being taken, the motion was carried. 12. Zoning By-Law Amendment Re Unserviced Residential Lot Standards Consideration was given to a report from the City Manager explaining differences in the Zoning By-Law with respect to unserviced residential lot standards in the suburban residential zones due to changes in the Health Act, and why the differing lot standards contained in the Zoning By-Law and the Health Act are problematic; setting out two alternatives that could be explored in an attempt to simplify the existing situation, with staff's position being that Alternative #2 should be considered for adoption which would initiate the necessary Zoning By-Law amendment; and recommending that this matter be referred to the Planning Advisory Committee for a report and recommendation in regard to the proposed Alternative #2, and authorize the necessary advertising for the public hearing On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the proposed Zoning By-Law amendment regarding unserviced residential lot standards be referred to the Planning Advisory Committee for a report and 87 -266 COMMON COUNCIL NOVEMBER 16, 1998 recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, January 4, 1999 at 7:00 o'clock p.m. Question being taken, the motion was carried. 13. Request To Construct Retaining Wallin Unused RiQht-Of-Wav 649 Somerset Street On motion of Councillor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council give a license to the owner of 649-651 Somerset Street to permit the building, maintenance and repair of a retaining wall within an unused portion of the Somerset Street right-of-way upon the following terms and conditions: (1)(a) the retaining wall must not impede traffic in the street; (b) the City can, at its discretion, order the wall's removal with 10 days written notice and, if it is not removed, the City can remove the wall and recover the expense from the property owner; (c) the City is not responsible for any damage to the wall in the course of its normal operations whether through negligence or not; (d) the property owner must maintain the wall to the satisfaction of the City's Chief Engineer; (e) the owner of 649-651 Somerset Street shall indemnify and save harmless the City for all actions, suits, demands and claims whatsoever relating to the granting of this license and the location of the wall within the street right-of-way; and (f) the property owner must maintain public liability insurance of $1,000,000 with the City as co-insured, and the City must be notified 30 days before it may be cancelled; (2) the owner shall provide plans and build all in a manner satisfactory to the Building Inspector and the Chief City Engineer; (3) the owner shall provide a plan prepared by a licensed surveyor showing the location of this wall in relation to the street limits; and (4) the Mayor and Common Clerk be authorized to execute the necessary documents in this regard. Question being taken, the motion was carried. 14. Legal Session Resolution Re Mechanics' Lien City Hall Renovations Read a letter from the Common Clerk submitting a resolution adopted in Legal Session of Council on November 2, 1998 regarding a Mechanics' Lien - City Hall renovations. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the City Solicitor or his designate is directed and authorized to apply on behalf of the City of Saint John to the Court of Queen's Bench of New Brunswick for permission to pay into that Court any money which the City continues to hold with respect to renovation work done by Composite Builders Inc. on behalf of the City on the 11th floor of the City Hall building, pursuant to Low Value Purchase Order No. PC000107053. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting as he was not present for the November 2, 1998 public hearing for the re-zoning of property adjacent to 1954 Manawagonish Road.) 15. Zoning By-Law Amendment - Property Adiacent To 1954 ManawaQonish Road On motion of Councillor White Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-Law Number C.P. 100-482 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 adjacent to 1954 Manawagonish Road, having a width of approximately 20 metres and area of approximately 2100 87 -267 COMMON COUNCIL NOVEMBER 16, 1998 square metres, also identified as being a portion of NBGIC Number 403618, from "B-2" General Business to "1-1" Light Industrial 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 said re-zoning be subject to the following conditions: (a) the re-zoned area must be consolidated with the adjacent property at 1954 Manawagonish Road no later than December 31, 1998, and shall be limited to the following uses in conjunction with the use of 1954 Manawagonish Road: (I) a radiator shop, a gas tank repair shop, a muffler shop and the manufacture of a corrosion resistant sealer; (ii) storage and manufacturing of fencing products and related office and sales activities; and (iii) other manufacturing and warehousing uses permitted in the "1-1" Light Industrial zone, provided that: the manufacture of products occurs within the building; any new manufacturing process is approved by the Department of Health for on-site services or, alternatively, the property is connected to municipal sewers; and the existing on-site sewage system is protected and maintained in a manner which is acceptable to the N.B. Department of Health until such time as the site is connected to City sewers; (b) any outside storage of material or equipment relating to any of the permitted uses is restricted to the rear yard of the site, except that storage of finished products is permitted in the side yard; (c) the site shall not be developed or redeveloped except in accordance with a site plan to be prepared by the proponent and subject to the approval of the Development Officer; and (d) all building and site development shall be completed within one year of approval of the required site plan. The by-law entitled, "By-Law Number C.P. 100-482 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. (Councillor Vincent re-entered the meeting.) 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, November 2, 1998, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, Common Council authorize staff to make application to the Minister of Labour for the appointment of a conciliator in the matter of collective bargaining with Local 771 of the International Firefighters Association. 2. That as recommended by the City Manager, (1) Common Council accept the offer of purchase as presented by Mark C. Barry and authorize the sale of 29 Sewell Street (NBGIC Number 38604) to Mark C. Barry for the purchase price of $2,800 + HST (if applicable); (2) the closing date be on or before December 15, 1998; (3) upon the successful completion of this sale, a commission in the amount of $800 + HST be paid to Realty World-Today's Realty; and (4) the Mayor and Common Clerk be authorized to execute the necessary documents. November 16, 1998, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 87 -268 COMMON COUNCIL NOVEMBER 16, 1998 16.1. Conciliation Re Collective BarQaininQ With Local 771 On motion of Councillor Trites Seconded by Councillor White RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor Titus voting "nay". 16.2. Re Sale Of 29 Sewell Street On motion of Councillor Trites Seconded by Councillor White RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried with Councillor Titus voting "nay". 18. Promoting New Brunswick Re Final Edition Of Publication On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from Rosemary Withers, President of Promoting New Brunswick, advising that she was presently working on the 11th and final edition of the Promoting New Brunswick publication; and submitting a 1999 Promoting New Brunswick calendar -- be referred to the City Manager. Question being taken, the motion was carried. 19. New Brunswick Kennel Club Inc. Council's Recent Discussion Re DOQS On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from New Brunswick Kennel Club Inc. expressing concern, while not disputing the need to address the problem of dogs as discussed by Council in recent weeks, about some of the suggestions put forth as possible solutions and that, in the effort to find a speedy solution, an all-encompassing or "blanket" by-law would be enacted, one that would create extreme hardship for responsible dog owners and negatively impact upon the valuable services offered by and through dogs in this City; submitting a magazine article about a pit bull dog; and urging Council to make its deliberations with caution, recognizing the far-reaching implications of its legislation beyond the specific problem Council needs to address -- be received and filed. Question being taken, the motion was carried. 21. Country Music Association For New Brunswick Inc. - Financial Assistance Councillor Desmond proposed a motion, which was not seconded, to refer the above request for financial assistance to the budget process whereupon the Mayor noted the November 26 date for filming. 87 -269 COMMON COUNCIL NOVEMBER 16, 1998 On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that, with regard to the letter from Country Music Association For New Brunswick Inc. updating Council on its status, and asking for financial assistance in a new project - a CMT Canada filming titled "Going Home For Christmas" at the Imperial Theatre on November 26, Council regrets that it does not have funding available in this regard and wishes the Association well in its endeavour. Councillors Ball and Chase spoke in support of providing assistance on the basis that it would be good way to promote and advertise the City. Question being taken, the motion was carried with Councillors Ball and Chase voting "nay". 22. Desiree Short - Request For Ad Placement In Theatre ProQram Councillor Desmond proposed a motion to refer the above matter to the City Manager whereupon the Mayor asked that Council make a decision in this regard. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from Desiree Short seeking sponsors for a show to be performed at the Imperial Theatre on December 28, 1998; and advising the cost for the gold, silver and bronze advertising packages -- be received and filed. Question being taken, the motion was carried. 23. Stewart McKelvey Stirling Scales Gary Kyle's Requests Re Curbing In Front Of 52-54 Cunard Street On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the letter from Rodney D. Gould from the law firm of Stewart McKelvey Stirling Scales asking, on behalf of Gary Kyle, for Council to reconsider Mr. Kyle's numerous requests for the street curbing to be removed from the entrance to his driveway at 52-54 Cunard Street and also asking, if Council insists that this is the responsibility of the property owner, for a copy of the policy position in this regard -- be referred to the City Solicitor. Question being taken, the motion was carried. 24. Petition For Sign Installation And ClearinQ Hollv And Newman Streets On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that the petition from residents of 1-24 Rotary Court and 1-15 Newman Street requesting the City to install two signs coming down Newman Street onto Holly Street to read "blind knoll" and "children playing", and two more signs coming from Holly Street around to Newman Street to read "blind curve" and "children playing", and also for the clearing and manicuring of overgrown grass, bush and shrubs along those two streets in the spring, not just for security but also for fire prevention -- be referred to the City Manager. Question being taken, the motion was carried. 87 -270 COMMON COUNCIL NOVEMBER 16, 1998 25. Glenn Carpenter - Drainage Problems Runoff From Morna Hill To Main Road On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from Glenn Carpenter submitting a drawing showing the large water run off from Morna Hill down onto the main road which, as the storm drain is on the wrong side and Westmount Road is lower than the drain, proceeds down Westmount Road; advising of a second problem with the first culvert on the Wilson property, and that a solution this winter would be appreciated -- be referred to the City Manager for a report at the next meeting. Question being taken, the motion was carried. 27. Local 771, IAFF Re Previous Request For Appointment Of Liaison Councillors On motion of Councillor White Seconded by Councillor Court RESOLVED that the letter from Local 771, IAFF, Saint John Fire Fighters' Association, following up on the request to Council on July 27, 1998 for the appointment of liaison Councillors for the purpose of holding Labour Management meetings -- be referred to the Nominating Committee. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk