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1999-01-04_Minutes 87-313 COMMON COUNCIL JANUARY 4, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of January, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; P. Groody, Commissioner of Municipal Operations; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; K. O'Brien, Municipal Operations; 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 Rev. Tim Davidson of the Saint John Vineyard Church offered the opening prayer. Mayor McAlary extended condolences to the family of former County Court Judge Honourable Reginald D. Keirstead who passed away on December 31, 1998, and to the family of Charles E. Levesque who passed away on January 3, 1999. Mayor McAlary also extended condolences to City staff member Mr. J. Baird on the recent death of his mother, and to the family of Saint John Police Officer Peter Caswell, who died as a result of a tragic hunting accident in St. Stephen, N.B. on January 2, 1999, and a moment of silence was observed in his memory. (Deputy Mayor Chase and Councillor White withdrew from the meeting during the above comments.) 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on December 21, 1998, be approved. (Councillor White re-entered the meeting.) Question being taken, the motion was carried. (Deputy Mayor Chase re-entered the meeting.) 3(a) Municipal Plan Amendment (b) Re-ZoninQ 899 Somerset Street The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 62 acres located at 899 Someset Street (NBGIC Number 55144109 and a portion of NBGIC Number 415216), having frontages on Somerset Street, Rope Walk Road, Millidge Avenue and Sussex Drive, from Medium Density Residential to Business Park classification; and (b) the proposed re-zoning of the same parcel of land from "P" Park, "R-2" One- and Two-Family Residential, "RM-1" Three-Storey Multiple Residential and "RM-2" High-Rise Multiple Residential to "BP" Business Park classification, to permit the development of a business park, as requested by Somerset Investments Ltd., and no written objections were received in this regard. 87-314 COMMON COUNCIL JANUARY 4, 1999 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered by the Committee at its December 22 meeting at which representatives of the applicant were present in support of the application and, in expressing general agreement with the staff recommendation, requested that the small portion of the subject site fronting on Somerset Street between the former truss plant and the former north branch of Rope Walk Road be left in its current Light Industrial designation and "1-1" zoning as there might be an opportunity to consolidate this small parcel with another adjacent property that is currently zoned "1-1", and staff expressed no objection to excluding this area from the proposed Plan amendment and re-zoning; advising that Harry Colwell, representing the Somerset Park Homeowners Association, attended the meeting in support of the proposal and indicated that, while the residents were opposed to the applicant's original plan because it contemplated replacement of the present Lime Kiln/Somerset intersection with a dead end cul-de-sac, the residents supported the current proposal because it indicates that the Lime Kiln Road/Somerset Street intersection will remain open and that Lime Kiln Road will not be connected to the proposed Technology Drive, and also that no persons attended in opposition to the application. The report also advises that, after considering the report and presentations, the Committee adopted the staff recommendation, with the exclusion of the small Light Industrial "1-1" area mentioned above and with an additional recommendation concerning timing of the planned improvements to Somerset Street; and recommends that Common Council: (1) redesignate on Schedule 2-A of the Municipal Development Plan, from Medium Density Residential to Business Park classification, a parcel of land with an area of approximately 62 acres, located at 899 Somerset Street, having frontages on Somerset Street, Rope Walk Road, Millidge Avenue and Sussex Drive, also being a portion of NBGIC Number 55144109 and a portion of NBGIC Number 415216, as illustrated on the submitted schedule; (2) re-zone the same parcel of land from "P" Park, "R-2" One- and Two-Family Residential, "RM-1" Three-Storey Multiple Residential and "RM-2" High-Rise Multiple Residential to "BP" Business Park classification, as illustrated on the submitted schedule, 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 limited to a business park subdivision which may include the following uses: assembly and manufacture of electronic devices; banks and similar institutions; business office; communication and telecommunications facility; commercial school; data processing facility; daycare, nursery or kindergarten; laboratory or research centre; personal service shop; printing or publishing service; post office or postal station; repair service shop; retail store, as a secondary use to one of the permitted uses; restaurant; recreation facility, gym or health club; warehouse, as a secondary use to one of the permitted uses; wholesale business or store; subject to Section 611 (2)(a) of the Zoning By-Law and such other terms and conditions as may be imposed by the Committee, industrial service or general manufacturing; (b) a buffer area with a minimum width of 10 metres, similar to the buffer illustrated on the tentative subdivision plan dated November 1998, must be maintained around the perimeter of the business park, and such buffer must be maintained in its undisturbed natural state or, if disturbed, must be landscaped with grass, shrubs and trees, and this condition does not prevent the placement of access driveways, pedestrian walkways and municipal services and utility easements across the buffer area; (c) notwithstanding condition (b), no driveway access is permitted from Rope Walk Road, Millidge Avenue or Sussex Drive to any lot in the business park; and (d) no lot shall be developed, except in accordance with a detailed drainage plan prepared by the proponent and subject to the approval of the Chief City Engineer, and a detailed site plan prepared by the proponent and subject to the approval of the Development Officer, illustrating all buildings, structures, landscaped areas, natural buffer areas, paved parking and driveways, concrete curbing, exterior lighting and signs, and other site features; (3) initiate re-zoning of a portion of NBGIC Number 55144109, located adjacent to NBGIC Number 47670 and identified as that part of Parcel A on the applicant's tentative plan which is currently zoned "P" Park, from "P" Park to "RM-2" High-Rise Multiple Residential classification, by authorizing advertising for a public hearing to be held on February 15, 1999; and (4) include the widening to four lanes and curbing of Somerset Street, from the Superstore to the Lime Kiln Road intersection, in its capital program for the year 2000, if not already included in the 1999 capital program. Sterling Brown of 357 Maple Row appeared in support of the application, accompanied at the meeting by Bruce Dowd, a partner of the development, Rick Turner of Hughes Surveys & Consultants Ltd., and Don Good of FGA Consultants Ltd.; and, having given a brief overview of the need for business parks and how the subject site 87-315 COMMON COUNCIL JANUARY 4, 1999 was chosen, addressed the action taken by the applicant through meetings with senior City staff in Planning and Engineering to review tentative proposals, a public meeting with area neighbours on a number of proposals and options for the business park, and a review of the comments from the public meeting, incorporating into the plan the proposal before Council at this time. Mr. Brown advised the intent of the developers to do a first- class job on the proposed business park which would have a campus-like setting, walking trails and wild life; and expressed agreement with Planning staff's report. Mr. Brown responded to questions in the above regard during which time he clarified that, although Planning staff's report referenced a small piece of land with a Light Industrial classification in its first two recommendations to the Planning Advisory Committee, this was removed from the wording at the applicant's request as it had not been part of the initial application, and it was noted that the Committee's recommendation to Council excluded the Light Industrial piece of land. Mr. Good addressed questions relevant to traffic and, with regard to the Planning Advisory Committee's recommendation (4), expressed the view that four lanes, as opposed to two lanes, of traffic would create a little bit more delay to the left turns out of Technology Drive, and lights at Superstore would probably help traffic flow by providing a break in the traffic in terms of vehicles going towards Millidgeville. On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 62 acres, located at 899 Somerset Street, having frontages on Somerset Street, Rope Walk Road, Millidge Avenue and Sussex Drive, also being a portion of NBGIC Number 55144109 and a portion of NBGIC Number 415216, from Medium Density Residential to Business Park classification, be read a first time. Mr. Baird commented on the issue of Lime Kiln Road, given the reference in Planning staff's report to there being only 60 metres between the two intersections if this Road is kept open, while the TAC guideline recommends a separation of intersections on arterial streets of 450 meters, noting that the general standard in the Subdivision By-Law of 60 metres was a safe standard for local streets and, while not the ideal situation in this case where there was not a totally flat landscape, it was a safe situation and staff was comfortable with the proposal before Council with the desire to monitor the situation because the relatively large parcel of land in question has the potential, depending on the exact type and number of different uses that could occur there, to have a large volume of traffic. On the issue of a buffer, Mr. Baird presented a slide depicting the subject property to point out the 10-metre buffer area recommended. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 62 acres, located at 899 Somerset Street, having frontages on Somerset Street, Rope Walk Road, Millidge Avenue and Sussex Drive, also being a portion of NBGIC Number 55144109 and a portion of NBGIC Number 415216, from Medium Density Residential to Business Park classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 87-316 COMMON COUNCIL JANUARY 4, 1999 On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land with an area of approximately 62 acres, located at 899 Somerset Street, having frontages on Somerset Street, Rope Walk Road, Millidge Avenue and Sussex Drive, also being a portion of NBGIC Number 55144109 and a portion of NBGIC Number 415216, from "P" Park, "R-2" One and Two-Family Residential, "RM-1" Three-Storey Multiple Residential and "RM-2" High-Rise Multiple Residential to "BP" Business Park 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 Trites Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land with an area of approximately 62 acres, located at 899 Somerset Street, having frontages on Somerset Street, Rope Walk Road, Millidge Avenue and Sussex Drive, also being a portion of NBGIC Number 55144109 and a portion of NBGIC Number 415216, from "P" Park, "R-2" One and Two-Family Residential, "RM-1" Three-Storey Multiple Residential and "RM-2" High-Rise Multiple Residential to "BP" Business Park 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. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, the proposed re-zoning of a portion of NBGIC Number 55144109, located adjacent to 18 Sussex Drive (NBGIC Number 47670), and identified on the applicant's tentative plan which is currently zoned "P" Park, from "P" Park to "RM-2" High-Rise Multiple Residential 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, February 15, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. With regard to recommendation (4) above, Councillor Fitzpatrick proposed a motion, which was seconded by Councillor White, moving the recommendation on condition that, prior to third reading, Council have a report back from staff on the costing of the four lanes. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that third reading of the proposed amendments be laid on the table until staff reports to Council on the costing of the Planning Advisory Committee's recommendation (4) above and how it fits into the 1999-2000 capital plan. Question being taken, the tabling motion was carried. (Councillor Vincent withdrew from the meeting due to a possible conflict of interest.) 87-317 COMMON COUNCIL JANUARY 4, 1999 4(a) Zoning By-Law Amendment To Re-Zone Land Adjacent To 570 Rothesay Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at the intersection of McAllister Drive and Golden Grove Road, adjacent to 570 Rothesay Avenue, having a frontage of approximately 110 feet on Golden Grove Road, a frontage of approximately 150 feet on McAllister Drive, and an area of approximately one-half acre, also identified as being a portion of NBGIC Number 55102768, from "P" Park to "B- 2" General Business classification, to place the site in the same zoning category as the adjacent service station located at 570 Rothesay Avenue, and permit the development of a car wash facility in conjunction with redevelopment of the service station property, as requested by Imperial Oil (G. Carl Brown), and no written objections were received in this regard. 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's reports considered at the Committee's November 24, 1998 and December 22, 1998 meetings, the Committee having tabled the application at the November 24 meeting in order to provide the applicant an opportunity to address traffic concerns through a revised proposal which, including deletion of the proposed Tim Horton's drive-through restaurant from the development and other adjustments to the site layout, was considered at the Committee's December 22 meeting. The report comments on presentations to the Committee by Carl Brown, Real Estate Manager for Imperial Oil Ltd. (Atlantic Division) in agreement with the staff recommendation in the December 18, 1998 report to the Committee, and by Peter Bardsley, the owner of the neighbouring Three Mile Pub and Steakhouse, against the proposal; advises that, after considering the reports, presentations and other written submissions, the Committee adopted the recommendation in the staff report dated December 18, 1998; and recommends that Common Council re-zone a parcel of land located at the intersection of McAllister Drive and Golden Grove Road, adjacent to 570 Rothesay Avenue, having a frontage of approximately 110 feet on Golden Grove Road, a frontage of approximately 150 feet on McAllister Drive, and an area of approximately one-half acre, also identified as being a portion of NBGIC Number 55102768, from "P" Park to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the re-zoned area is limited to a car wash facility in conjunction with the use of the adjacent property; (b) access to the re-zoned area must be from the adjacent property, and there shall be no direct driveway access to the site from McAllister Drive or Golden Grove Road; (c) all parking areas and vehicle maneuvering areas must be paved with asphalt and enclosed by cast-in-place concrete curbs; (d) all areas of the site not occupied by buildings, structures and vehicular areas must be landscaped, and the landscaping must extend onto the City street rights-of-way to the edge of the street curb/sidewalk; (e) adequate site drainage facilities must be provided by the proponent of the development in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer; (f) the site shall not be developed except in accordance with a detailed site plan and building elevation plans, to be prepared by the proponent of the development and subject to the approval of the Development Officer, indicating the location and characteristics of all buildings, structures, parking areas, vehicle maneuvering areas, landscaped areas, signs and exterior lighting; (g) no building permit shall be endorsed by the Development Officer, except site preparation or foundation, until the required site plan, drainage plan and building elevation plans are approved; and (h) all improvements shown on the approved site plan, drainage plan and building plans must be completed no later than one year from the date of approval of the building permit for the development. Peter Bardsley of 18 Forrester Drive, Quispamsis, owner of the property adjacent to the subject property, appeared in opposition to the proposed re-zoning on the basis that the subject land approaches the intersection of McAllister Drive and Rothesay Avenue which would soon become the gateway to the largest retail developments the City of Saint John has ever seen, resulting in more traffic in the general area and, in particular, on McAllister Drive heading to and from the intersection of Rothesay Avenue; expressed the view that there were too many unknowns and too many important outstanding questions concerns the corner of McAllister Drive and Rothesay Avenut to permit further development on this corner; and asked Council to 87-318 COMMON COUNCIL JANUARY 4, 1999 reject the Planning Advisory Committee's recommendation until all the facts about the future traffic patterns and the extension of McAllister Drive are before Council. Carl Brown, Atlantic Real Estate Manager for Imperial Oil, spoke in support of the application and, having expressed agreement with the Planning staff's recommendation in its December 18, 1998 report to the Planning Advisory Committee, referenced a coloured drawing of the proposed Esso site redevelopment at 570 Rothesay Avenue and copies of coloured photographs of the recently-opened Esso site at 160 Main Street, Dartmouth, N.S. (copies of which were distributed to Council members at this meeting) in apprising Council of the proposed approximate $1.5 million development including a convenience store, split service pump islands and a car wash facility, having the new Esso image introduced for the first time in Atlantic Canada at the Church Avenue / Manawagonish Road site during the summer of 1998, and in comparing the size of the lot sizes of the Dartmouth and Church Avenue / Manawagonish Road sites of 29,600 square feet and 20,400 square feet, respectively, with the total lot size of the existing site at 570 Rothesay Avenue with the addition of the subject site of 48,900 square feet. Mr. Brown advised that Imperial Oil, having taken into consideration concerns expressed by the Planning Advisory Committee at its November 24, 1998 meeting about parking availability in front of and near the convenience store and congestion at the northern driveway on Rothesay Avenue as traffic entered and exited from the proposed Tim Horton's window and gasoline pumps, took the option of deleting the Tim Horton's facility rather than see the proposed project delayed or cancelled and this deletion allowed Imperial Oil to redesign the site with changes as compared to the site layout reviewed by Common Council on September 28, 1998 at which time Council adopted a resolution to enter into a purchase and sale agreement to sell the land at the corner of Golden Grove Road and McAllister Drive; and apprised Council of the changes in the site plan. Mr. Brown addressed the subject of increased traffic, referencing the conclusion of the FGA Consultants Ltd. traffic study and the additional set back of the canopy and pump islands, as well as Imperial Oil's proposal to reduce driveway widths so as to encourage the vehicle operator to enter and exit the lot in an orderly fashion; and addressed a concern about the construction of a car wash and convenience store blocking the view plain of the adjacent neighbour. Insofar as the issue of a survey being conducted in and around Marsh Creek by the Department of Transportation to aid in the planning or design of a new highway or bridge or the improvement of the existing highway or bridge as indicated in a letter from the Department dated November 18,1998, a copy of which was submitted with the above report from the Planning Advisory Committee, Mr. Brown advised that, having contacted the author of the subject letter and the Land Acquisition Department, he was assured that the Province would not be acquiring land in the area of the Esso property in order to facilitate the planned work around Marsh Creek, although the Province might need to access the area of the Creek from Imperial Oil's land in order to complete its work, and that it was his intent to submit a copy of the proposed drawing to the Department during a planned meeting this week; and expressed the understanding that the discussions with the Department around extending McAllister Drive calls for a level cross-over onto Rothesay Avenue onto the new connection to the by-pass, with no change in the area in and around the corner of the Esso Service Station, and also that widening of Rothesay Avenue for a centre turning lane would impact only the western, and not the Esso, side of Rothesay Avenue, and added that, at the time the City made the decision to offer this surplus land to Imperial Oil, various City departments reviewed this and determined that the sale would have no impact on future road widening or connections to the by-pass. Mr. Brown assured Council of Imperial Oil's commitment to work with the City, neighbours and the Province to ensure that the best layout is implemented for this project, which has been worked on for the past two to three years and scheduled for construction in 1999 pending purchase and closure of the land deal on January 31, 1999. Mr. Brown responded to questions on the proposal and, as to the timeframe to develop the project should the matter be tabled for a three- to four-week period given the concern about the pending Transportation Study, advised that the intention was to start the project on June 15, 1999 and mid-August could be looked at as a late starting point. Mel Vincent, operator of the site being discussed, appeared in support of the proposal on the basis that it would enhance the visual aspect of that area of Rothesay Avenue and address the beautification of the corner of Rothesay Avenue and McAllister Drive which would always have traffic; and expressed concern, as the operator of the site, about the building having passed its life span many years ago and it 87-319 COMMON COUNCIL JANUARY 4, 1999 could not operate as it now stood efficiently and effectively very much longer. Mr. Vincent expressed the view that the traffic situation would be worse than it now was if the project were turned down and Imperial decided to do nothing in view of the potential dangerous situations created by the wider entrances into the facility off both McAllister Drive and Rothesay Avenue which Imperial Oil proposed to correct, and there would be much more ease of access to and from the facility; and advised that, as a business person, he did not want the project to be delayed any longer. On motion of Councillor Court Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at the intersection of McAllister Drive and Golden Grove Road, adjacent to 570 Rothesay Avenue, having a frontage of approximately 110 feet on Golden Grove Road, a frontage of approximately 150 feet on McAllister Drive, and an area of approximately one-half acre, also identified as being a portion of NBGIC Number 55102768, from "P" Park 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. Councillor Trites advised that he could not support first reading at this point in time in view of his concern about traffic patterns and traffic plans and, in response to his question on the status of the Transportation Study, Mr. Groody advised that the Technical Steering Committee that works with the consultant has received a draft of the report and it was expected that, within the next four or five weeks, the consultant would present the final version to Council which, he assumed, would be referred to the City Manager for follow-up recommendations. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the above matter be laid on the table until Council has an opportunity to review the Transportation strategy. Question being taken, the tabling motion was carried with the Mayor and Councillors Court, Desmond and Titus voting "nay". In response to the Mayor's indication that the above matter could be tabled for six to nine months awaiting the Transportation Study, Councillor Trites, on a point of order, noted that Mr. Groody had indicated that he did not think it would be anywhere near that time. (Deputy Mayor Chase withdrew from and Councillor Vincent re-entered the meeting.) 5(a) Zoning By-Law Amendment To Re-Zone Land At 28 Richmond Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 28 Richmond Street (NBGIC Number 12799), having an area of approximately 3,036 square metres (32,680 square feet), from "IL-1" Neighbourhood Institutional to "B-2" General Business classification, to permit the use of the building for office, dental assisting school and other commercial businesses, as requested by Carolyn Watters, and no written objections were received in this regard. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter from an adjoining property owner, considered at the Committee's December 22 meeting at which Harold Coughlan, representing both the property owner and the applicant, indicated that, due to an unforeseen problem, the applicant would not be purchasing the property; however, the property owner would prefer that the re-zoning application proceed and that approval be granted; and recommending that Common Council re-zone a parcel of land located at 87 -320 COMMON COUNCIL JANUARY 4, 1999 28 Richmond Street, having an area of approximately 3,036 square metres (32,680 square feet), also identified as NBGIC Number 12799, from "IL-1" Neighbourhood Institutional to "B-2" General Business classification. Harold Coughlan of Coldwell Banker-Coughlan Realty appeared in support of the proposed amendment representing the vendor, and advised that, although the offer in place by the applicant had expired, he was proceeding on behalf of the vendor, the Roman Catholic Bishop of Saint John and the re-zoning to "B-2" General Business classification. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 28 Richmond Street, having an area of approximately 3,036 square metres (32,680 square feet), also identified as NBGIC Number 12799, from "IL-1" Neighbourhood Institutional to "B-2" General Business classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 28 Richmond Street, having an area of approximately 3,036 square metres (32,680 square feet), also identified as NBGIC Number 12799, from "IL-1" Neighbourhood Institutional to "B-2" General Business classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 6. Municipal Plan Amendment Re 945 Old Black River Road Public presentation was made of a proposed Municipal Plan amendment which would amend Schedule 2-A, the Future Land Use Plan, and Section 2.4.7.15 by redesignating a parcel of land with an area of approximately 1.3 acres located at 945 Old Black River Road (NBGIC Numbers 55093330 and 340042), from Low Density Residential to Light Industrial classification, to permit re-zoning of the parcel of land from "RS-2M" One- and Two-Family and Mobile Home Suburban Residential to "1-1" Light Industrial classification, and the continuing operation of a welding school, as requested by East Side Welding (1994) Ltd. 7. Municipal Plan Amendment Re Parts One. Two And Nine Public presentation was made of a proposed Municipal Plan amendment to make changes to Parts One, Two and Nine, as suggested by the Province to comply with the terminology of the Community Planning Act, or to avoid the potential of possible confusion or misinterpretation, as requested by the City of Saint John. 8. New Brunswick Anti-Poverty Association Julie Esselmont, on behalf of the New Brunswick Anti-Poverty Association, addressed Council on matters outlined in the previously-submitted brief; and requested Council to support the following principles: (a) Social Assistance regulations being changed to provide for direct deposit of benefits in banks at the request of the recipient; (b) in subsidized housing units, multiple bedroom units be utilized by those families needing multiple bedroom units; and (c) surplus foods 87 -321 COMMON COUNCIL JANUARY 4, 1999 produced in New Brunswick being made available for those in need and, in this regard, to adopt a resolution requesting the Department of Social Assistance to favourably consider implementing a program of direct deposit of social assistance payment for those who apply for such, to urge those in charge of public housing to adopt and enforce a policy of transfer of tenants who no longer require multiple bedroom units to smaller units and making such multiple bedroom units available for families with children and also to request a full survey to be done to determine the actual number of under-used housing units, and to support the principle of surplus food production being made available to those in need and in particular to support the position of the New Brunswick Anti-Poverty Association that surplus milk which would otherwise be destroyed be made available to those receiving social assistance. (Councillor Desmond withdrew from the meeting during the above presentation). On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that the topics raised in the presentation on behalf of the New Brunswick Anti-Poverty Association be added to the agenda of the January meeting with the local MLAs. (Councillor Desmond re-entered the meeting.) Question being taken, the motion was carried. 9. South Central Citizens Council Re Property Tax & Ward Systems Dominick Eden, Chairperson of the South Central Citizens Council, addressed Council on the property tax system and the need for a ward system, putting forth reasons why the present system did not foster the leadership Saint John needed to support its visionaries and/or its builders, and the view that, as 54.8 per cent of the voters in the last municipal election voted in favour of a ward system, the 60 per cent requirement by plebiscite for immediate change was not an excuse for Council to avoid democratic responsibilities and that it was Council's responsibility and mandate to support its electorate and move to a ward system. On the property tax issue, Mr. Eden put forth, as an alternative to assessed market value, a system based on frontage or lot size, which he noted was put forth by the Citizens Council during budget deliberations last year. The Mayor thanked Mr. Eden for his presentation which, she noted, would be taken under advisement. 10. Mayor's Remarks Mayor McAlary proclaimed January 1999 as National Alzheimer Awareness Month in the City of Saint John, and noted that citizens who wanted their Christmas trees mulched could take their trees to the fire stations, McAllister Place and the Lancaster Mall on January 9. 10A. Re Harmony Drive Residents' Petition ReQuestinQ SiQnaQe On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that the letter from Mayor McAlary submitting a letter and petition from residents of Harmony Drive requesting the placement of no parking signs; and recommending that Council refer this to staff for input and a recommendation to Council by mid-January -- be referred to the City Manager for a recommendation to Council. Question being taken, the motion was carried. 87 -322 COMMON COUNCIL JANUARY 4, 1999 11. Re Snow Control ProQram On motion of Councillor Fitzpatrick Seconded by Deputy Mayor Chase RESOLVED that as requested in the letter from Councillor Fitzpatrick, the City Manager be requested to have the Commissioner of Municipal Operations give a presentation in open session of Council on the City's snow control program during and following winter storms, including the priority scheduling of snow plowing. Question being taken, the motion was carried. 12. Lease Of Stall In City Market On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, (a) the City accept a surrender of lease for Stall "A" in the City Market from George Raymond, operator of Raymond's Meats; (2) the City lease to AB.S. French Inc., Stall "A" in the City Market for a period of five (5) years beginning November 1, 1998, using the City's usual form of lease for rental of stalls in the City Market; (c) the rent to be as per Schedule "A" ('City Market Fees) of the City Market By-Law, as amended from time to time; (d) the lease to specify the products and services as outlined in the City Manager's submitted report to Council dated October 26, 1998; and (e) the lease to specify the tenant contribution to the City Market promotion fund, in addition to rent which is equal to six percent of rent; and further that the Mayor and Common Clerk be authorized to execute the necessary documents. (Councillor Vincent withdrew from the meeting.) Question being taken, the motion was carried. 13. Zoning By-Law Text Amendment Re Unserviced Residential Lot Standards Read a report from the City Manager referring to the proposed Zoning By- Law text amendment respecting unserviced residential lot standards, the public hearing for which was scheduled for this meeting of Common Council, in that the Planning Advisory Committee tabled the matter at its December 22, 1998 meeting in order to allow City staff to meet with the Development Facilitation Group and Provincial officials to further discuss this matter and explore possible alternatives and, under Common Council's new policy, the January 4, 1999 public hearing will be cancelled and a new hearing will be scheduled for a later date; advising that the exact date for the new hearing cannot be determined at this time, and an additional report will be prepared after discussions with the various stakeholders have been completed; and recommending that this report be received and filed. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the above report be received and filed. Question being taken, the motion was carried with Councillor Desmond voting "nay". 14. Tender For Contract 99-1 Consideration was given to the report from the City Manager regarding Contract 99-1, the recommendation therein, which was tabled at Council's December 14, 1998 meeting pending Mr. Groody's presentation of Municipal Operations' rationale for sidewalk and street construction in the Capital Budget, being that Contract 99-1, curb and sidewalk construction, be awarded to the low tenderer, Fairville Construction Ltd., at 87 -323 COMMON COUNCIL JANUARY 4, 1999 the tendered price of $399,933.80, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above matter be taken from the table. Question being taken, the motion was carried with Councillor Desmond voting "nay" Mr. Groody reviewed the list of streets, commenting on the reason for their inclusion on the list which was approved by the previous Council, and, with regard to the tendered prices, advised that the City had sixty days from the date of closing of the tender to finalize the award. The Mayor noted that Council would be meeting on January 25 on the capital projects. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above matter be laid on the table until January 25, 1999. Question being taken, the tabling motion was carried. 15. Saint John Harbour Bridge Authority BudQet Fiscal Year EndinQ March 31. 1999 On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the Mayor and Common Clerk be authorized to execute the budget of estimated expenditures for the year ending March 31,1999 of the Saint John Harbour Bridge Authority, in compliance with the agreement between the Government of Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority. Question being taken, the motion was carried. 16. Town Of Quispamsis - Appointments To Regional Facilities Commission And Associated Sub-Committees Consideration was given to a letter from the Town of Quispamsis advising of its appointment of the following individuals to the Regional Facilities Commission and associated sub-committees: Regional Facilities Commission - Deputy Mayor Ronald Maloney; Aquatic Centre - Harold O'Neill; Aitken Bicentennial Exhibition Centre - Pamela Johnston; Harbour Station - Councillor Gerry Garnett; Imperial Theatre - Stephen Flynn; and the Trade and Convention Centre - Councillor Beth Thompson, for which expiry dates of the terms have yet to be established. A motion was proposed by Councillor Desmond and seconded by Councillor Ball to receive and file the above letter from the Town of Quispamsis, whereupon the need was noted for Council to approve these appointments as the legislation in this regard had not as yet been enacted by the Province. Councillor Titus advised his intent to oppose the motion having received the Mayor's indication that the appointees named would go on the various boards even if Council declined to appoint them, unless there was a valid reason not to do so. 87-324 COMMON COUNCIL JANUARY 4, 1999 On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the above letter from the Town of Quispamsis be received and filed and Council appoint those nominees of the Town of Quispamsis for which a vacancy exists for terms as provided in the relevant legislation. Question being taken, the motion was carried with Councillor Titus voting "nay". 17. Design Art Signs - Amendment To Section 39 Conditions Of Re-ZoninQ Of 580 Main Street On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of Design Art Signs for an amendment to the Section 39 conditions of re-zoning of the property at 580 Main Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, February 15, 1999, at 7:00 o'clock p.m. Question being taken, the motion was carried. 18. FCM - Call For Resolutions On motion of Councillor Trites Seconded by Councillor White RESOLVED that the memorandum from the Federation of Canadian Municipalities calling for resolutions for consideration by the FCM National Board of Directors or the FCM Annual Conference -- be referred to the City Manager. The Mayor asked that infrastructure funding be the subject of a resolution for Council's consideration, and Deputy Mayor Chase, noting the discussion between the Federal and Provincial Governments of the rewriting of the social agreement, suggested that, as municipalities should have more power and autonomy as the ultimate deliverers at the local level and as more and more they see the fall-out from, for example, people who are no longer able to pay their way, a resolution should be framed whereby FCM carries forward an argument to the Federal and Provincial Governments that municipalities should be given a place at the table when broader issues are being discussed with which municipalities end up having to deal whether or not they like it or are mandated to do so. Question being taken, the motion was carried. 19. Town Of Rothesay - Appointment To Harbour Station Commission On motion of Councillor Trites Seconded by Councillor White RESOLVED that the letter from the Town of Rothesay submitting Peter Klohn to serve a further three-year term as the Town's representative on the Harbour Station Commission -- be received and filed and the appointment be approved. Question being taken, the motion was carried with Councillor Titus voting "nay". Adjournment The Mayor declared the meeting adjourned. Common Clerk